Safety warning

With UK health and safety laws having a big influence on Western Australian legislation, a recent court decision in the UK could have serious ramifications in WA.

In the case the court convicted the occupational safety and health manager of a fast food chain of a breach of duty when a junior employee who was washing the floor of the restaurant was electrocuted by touching an electric plate warmer, which had not been maintained.

The manager was fined more than $7,000 and ordered to pay costs in a similar amount.

What is concerning from the case is:

The manager was only a middle ranking employee and no report had been made to him;

The employer was in administrative receivership;

A statement made under caution during the official investigation was used against him in the prosecution;

The judge acknowledged he was being treated as a “scapegoat”;

The judge found he should have implemented a system of risk assessment and told his employers of their legal obligations; and

It was held that concentrating on food safety issues because of recent significant e.coli cases in the industry was not a defence.

Zephanie Reed

9429 7598

Minter Ellison