Employer beats OHS charge  

Feb 2014

The District Court of NSW handed down its judgment in Workcover (Inspector Battye) v Patrick Container Ports Pty Ltd (17 February 2014), finding that the employer’s failure to document a risk assessment or provide formal training and supervision didn’t constitute a breach of the now repealed Occupational Health and Safety Act 2000, after one worker was killed and two others were injured.  The incident occurred when the deceased worker removed an outer rim clamp on a tyre without fully deflating the tyre first, contrary to safe work requirements.  As a result, the tyre exploded. 

The worker was an experienced qualified employee and changing the tyre was within his usual duties and skills.  He had methamphetamines in his system at the time of the accident 

Workcover argued that Patricks had failed to document a risk assessment, to instruct the employee and to document formal training, and to supervise him, and so had not done everything practicable to ensure safety.  

The judge rejected these arguments and found that Patricks had done everything practicable. The worker had been instructed how to do the job safely. Adding documents about risk and training would not have helped: the employee would still have done the job the risky way. And full-time supervision was not practicable. Further, the Court held that where there was evidence that the employer had carried out a risk assessment and provided training and instructions, a failure to formally document steps taken to discharge its duties under the legislation did not constitute a breach.  

The employer was acquitted.