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ARTICLE · 29 SEPTEMBER 2011

Responsibility to fellow employees

A recent WorkSafe prosecution reminds employees of their responsibility towards fellow employees under the OSH legislation.

AustraliaEmployment and HR
David Kew (Previously With Kott Gunning)
David Kew (Previously With Kott Gunning)
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A recent WorkSafe prosecution reminds employees of their responsibility towards fellow employees under the OSH legislation.

Craig Robert Lee was prosecuted in Perth Magistrates' Court under s.20(1)(b) & 20A(3) of the Occupational Safety and Health Act 1984 for failing to "take reasonable care to avoid adversely affecting the safety or health of any other person through any act or omission at work, and by that contravention caused serious harm to any other person."

The Accused was employed by a company which supplied and installed racks and walkways. He was engaged to manage an installation at a car spare parts warehouse, assisted by two employee labourers.

There were to be three levels of walkways - a concrete ground floor level and two steel upper floor levels accessible by stairs. The upper walkways were made of mesh panels screwed to a metal frame. The steps to the first floor had a sign in front of them saying "No Entry Unsafe Surface". The area in which

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