WorkCover Authority of NSW

mate

Patron Meritorious
WorkCover Authority of NSW

Failure to meet duty of care obligations

The Occupational Health and Safety Act 2000 provides for breaches of duty of care in section 12. The penalties are as follows:

  • in the case of a corporation (being a previous offender) - $825,000 or
  • in the case of a corporation (not being a previous offender) - $550,000 or
  • in the case of an individual (being a previous offender) - $82,500 or imprisonment for 2 years, or both or,
  • in the case of an individual (not being a previous offender) - $55,000

When does a health and safety issue fall under duty of care?

Many OHS questions do not have a clear cut answer or regulation to cover them. Generally the issues are covered by the principle which underlies sections 8 and 9 of the Act. Section 8 outlines the employer’s general duty of care to ensure the health, safety and welfare at work of all the employees. Section 9 provides for a self-employed persons duty of care not to expose others to health and safety risks arising from the conduct of their work.

The main indication to whether an issue falls under duty of care is:
The employer is responsible for ensuring a safe and healthy workplace, any issue which may place people in the workplace at risk should be considered as a duty of care issue.

This can include issues not typically seen as OHS matters such as bullying and personal safety (eg aggression from clients, working alone at night). Any matter that can affect the health, safety and welfare of people at work can be a duty of care issue.

Call 13 10 50 for more information about duty of care.


http://www.workcover.nsw.gov.au/healthsafety/Pages/Dutyofcare.aspx

There can be little doubt that the CofS is in violation of the provisions of the Occupational Health and Safety Act 2000, in the Sydney Orgs and Dundas.

For those who were recently in the Sea Org in Greek Street and/or Dundas, now would be a very opportune time to lodge a complaint with WorkCover giving details of the actual violations, you experienced, providing as much detail as possible. It is important to include the observation that if the church is advised before-hand of an inspection, they will be very busy in covering the violations and ensuring that the staff will lie.

If you would like help, please PM me.

Regards, David.
 
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