Yet another case has highlighted the human and business risk of complacency, and the need for all businesses to be vigilant that staff are in fact following the procedures that are set out.
In this case the business has been fined $360,000 after it was found that the death of the worker could have been avoided if a simple visual check of the equipment he was using was actually done, and that the business did not have systems in place to ensure that the importance of visual checks was communicated.
“To be clear, the business had procedures for visual checks to be done before departure, and the employee was a qualified heavy vehicle driver, required by law to do pre departure checks, but in this case the Judge found that the business did not place enough emphasis on this element and, by not following up on checklists and other safety elements, had in fact created a culture of complacency that led to the workers death”, explains ACAPMA’s Elisha Radwanowski.
Learnings for all businesses
“I often feel like a broken record, but there really is no other way to put it plainly … all businesses need to ensure that there are safety systems in place AND that their staff are using them as intended. Failure to ensure compliance, and in fact actually manage non-compliance with expectations results in breaches and can result in loss of life and the application of penalties”, concluded Elisha.
Here to help
Safety Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au, it is free for members. ACAPMA Membership delivers this and more benefits, see https://acapma.com.au/membership/ for more information.
Elisha Radwanowski BCom (HRM&IR)
ACAPMA
Source: https://acapmag.com.au/2022/09/safety-alert-death-and-fines-the-result-of-skipping-simple-checks/.
