A Lack of Adequate Supervision Cost $588,000

In July 2016, the NSW Court of Appeal awarded a worker $588,000 in damages for a disabling injury suffered at work.

Why the PCBU was Liable for the Injury

The injured worker was employed by a veterinary pharmaceutical company. Her job included regularly emptying a 25kg bag of powder into a hopper. The safe work procedure included using an “electronic lifting device" that meant the bag did not have to be manually lifted. However, the worker made a small but significant variation to the safe work procedure. She was now manually lifting the back of the bag and twisting her spine. The worker did not know that her variation could create a high risk of spinal deterioration over a period of time. And the worker already had a pre-existing disc degeneration in the spine. This went unnoticed by her supervisors and co workers. Almost two years went by and one day; after leaning forward at the waist, lifting the bag with her right arm, and twisting towards the hopper to empty the bag, the worker experienced pain in her back and was unable to continue work.

In Jurox Pty Ltd v Fullick [2016] NSWCA 180, the Court agreed that the company had a safe work procedure but found that the PCBU was liable for the injury and had to pay damages to the worker because the worker had not been supervised and corrected on her incorrect application of that work procedure.

Conclusions

A PCBU must provide supervision to all staff for them to be able to perform their work safely. This is one of several prescriptions owed by every PCBU that make up PCBU Primary Duty of Care under Section 19 of the WHS Act.

Supervision also includes enforcement of WHS protocols and procedures. If a supervisor sees someone doing something wrong, they must intervene to get that person on track. Workplaces may not be without risks. If risks or hazards cannot be eliminated, they must be controlled. Once controlled, staff need to be supervised proactively to make sure they follow the control measures established for risks and hazards. Supervision must occur and Supervisors should be trained in WHS.

29 August 2016 rev 16th July 2019

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