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Summaries of Most Recent WHS cases

WHS Act s19(1) – Amusement devices [2019] QDC 150 Reynolds v Tailored Adventures P/L (s21 health and safety duty breached – this was an appeal on penalty where a user of a zip line suffered serious injuries – “The ZipSTOP manual could not have been clearer. Strict compliance with the manual would have prevented the injuries being caused” @92 – “actions of the respondent prior to the incident established that efforts were made to ensure that the ride was safe. It cannot be said that they were recklessly indifferent to the safety of persons on the particular zip line” @93 – “the need for general deterrence should have been reflected in a greater penalty” @110 – fine of $50,000 appropriate) WHS Act s19(1) – Body parts injured by machines [2019] NSWDC 302 SafeWork NSW v Millwell Cush P/L (“To obtain better access to clean the feed rollers, McGuffog lifted the major roll cover and observed a large chunk of mouldy wheat on the break roller. Whilst attempting to move this lump with his left hand, the break rollers caught the fingers on his left hand and pulled it into the break rollers of the roller mill. McGuffog attempted to use his right hand to try and pull his left hand out of the roller mill. The fingers of his right hand were also caught between the rollers. As a consequence of the incident, McGuffog had four fingers of his left hand surgically removed, as well as the tip of his left thumb. The fingers on his right hand were severely crushed, resulting in a degloving of the skin and...