Using generalities to assess work safety risks is generally a risky business

Key Points:

When employers assess an employee's fitness for work they must consider the employee's actual fitness and not make general assumptions about likely fitness.

Making assumptions about a person's fitness for work needs to be done carefully, based on the facts and evidence of the particular person or case. Basing decisions on general assumption of future risk may invalidate action taken in response.

In MBR v Parker [2012] QCA 271, the Queensland Court of Appeal set aside a doctor's decision that a worker was permanently unfit to operate heavy machinery. Dr Parker did not examine the worker personally, but relied on information recorded by the worker's own medical practitioner about the worker's BMI, waist and neck measurements and weight.