Employment and Migration Blog

Unsafe Working Conditions

Posted by Anna Ford on 25 Nov 2013

Mining foremanA mining company in Central Queensland, Biloela’s Anglo Coal Callide Mine, is currently being sued for $1.26 million after one of its miners tumbled more than 1.5m down a rock face whilst in a dozer, causing permanent injury to the employees spine.

The miner claims that the company failed to provide a safe work place and therefore the company’s conduct contributed to his injuries.

The Workplace Health and Safety Act 2011 (NSW) sets out the legal obligations that employers must comply with to ensure the health and safety of their employees. Specifically, employers are under a duty to take all ‘reasonably practicable’ steps to ensure the health and safety of employees, and other persons, are not put at risk from work carried out as part of the conduct of the business.

This claim serves as a neat reminder to all employers, but particularly those involved in mining and manufacturing (where employees are required to utilise heavy and potentially dangerous machinery) that they must ensure:

  • that the work environment, plant, structures, systems and operations in place, are compliant with current standards; and
  • that all necessary information, training, instructions and supervision necessary to prevent such incidents arising in the workplace are provided.

If you need advice on ensuring your workplace conditions are up to standard or have had a claim made against you please contact our experienced employment lawyers on (02) 9635 6422.