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ARTICLE · 14 NOVEMBER 2016

No stepladder training required: incident involved ‘simple and commonplace' task

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The case provided guidance on the extent of an employer's duty to employees performing 'simple and commonplace' tasks.

AustraliaEmployment and HR

A recent decision of the Supreme Court of the Australian Capital Territory has provided guidance on the extent of an employer's duty to employees performing 'simple and commonplace' tasks.

In Cowie v Gungahlin Veterinary Services Pty Ltd, Ms Cowie fell from the second step of a three-step stepladder while attempting to place blankets onto a shelf at 'eye level'. Ms Cowie could not explain the exact cause of her fall, but the Court found it likely that the ladder tipped as Ms Cowie inadvertently overreached to place blankets on the shelf.

Ms Cowie alleged her employer was liable for the fall because it had not provided her with any training on the safe use of the stepladder, it had not conducted any risk assessment of her duties or the workplace, and it should have used an alternative method of storage that would have negated the use of a stepladder altogether (i.e. having all products accessible from the ground).

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