In the recent matter of SafeWork NSW v MMP Industrial Pty Ltd (NSW) the PCBU was found guilty on a criminal charge for failing in its duty of care as set out in the WHS Act which resulted in an employee being seriously injured. The PCBU failed its duty of care specifically regarding the following:
Since this was the second prosecution against the PCBU a fine of $350,000.00 was imposed.
Members are reminded of their primary duty of care (section 19) under the Work Health and Safety Act 2011 (ACT). It includes:
If you have any questions in relation to your obligations under the WHS legislation, contact our Workplace Relations and Legal Team on (02) 6175 5900.