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ARTICLE · 01 JUNE 2020

Documented systems of work and risk assessments – not the be all, and end all

Cooper Grace Ward
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Recent case demonstrates that to win their claim, the worker must show that a documented system would have prevented the injury.

AustraliaLitigation, Mediation & Arbitration

Allegations that an employer failed to undertake a risk assessment and prepare a documented system of work are a feature of most common law work claims. However, Healy v Logan City Council [2020] QDC 54 demonstrates that, to win their claim, the worker must show that a documented system would have prevented the injury.

The facts

On 9 June 2013, Ms Healy sustained injuries while employed by Logan City Council as a casual cleaner at the Logan Metro Indoor Sports Centre.

Ms Healy's case

Ms Healy alleged that she was cleaning the footwells in the rows between seats with a squeegee while standing on (and walking across) the rows of seats.

She alleged that the Council instructed or allowed her to clean using that method. She called a former co-worker to give evidence supporting her claim.

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