A recent case has highlighted two often underestimated elements of responsibilities to safety; the requirement to ensure a safe space for non workers in a workplace and the importance of maintaining all equipment, even the most prosaic. In this case the failure of a simple chair has resulted in the conviction and finding of an employer with a penalty of $230,000.
In this case a patient at a health facility was injured (and later died) when a chair failed. The employer was found to have no system for assessing the safe functionality of equipment, including chairs.
It was found that a “simple assessment system” would have prevented the incident.
Learning for all businesses
“This case is a reminder that all workplaces have a duty of care to not only their workers, but also those people who are in the workplace, such as customers, clients, patients and guests”, explains ACAPMAs Elisha Radwanowski.
“It is also a reminder that even simple ‘equipment’ needs to be safe and fit for purpose, or the business will be facing 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
