Discover how a proactive approach to WHS helped a business owner successfully defend against charges, with practical steps you can implement today. The recent court decision in SafeWork NSW v Miller Logistics Pty Ltd; SafeWork NSW v Mitchell Doble highlights the practical steps a director can take to fulfil their work health and safety (WHS) duty of care.
The sole director was charged with failing to exercise due diligence to ensure WHS compliance. However, the Court found the director not guilty. These are the steps they took:
- Employed a Compliance Manager: Hired a compliance manager to manage WHS at each depot.
- Participated in Weekly Meetings: Attended management meetings to stay informed about WHS matters.
- Followed Up on Safety Issues: Ensured proposed safety measures were implemented by following up at subsequent meetings.
- Stayed Updated on Plans: Remained informed about traffic management plan updates.
- Visited Depots: Personally visited each depot and instructed immediate fixes for observed WHS issues.
- Engaged with Managers: Discussed compliance measures with depot managers.
- Signed WHS Policies: Approved updated WHS policies prepared by the compliance manager.
- Directed Supervisors: Instructed supervisors to address non-compliance with safety instructions.
- Promptly Addressed Issues: Responded to WHS issues promptly, regardless of cost.
SafeWork NSW issued three improvement notices to Miller over three years regarding inadequate traffic management at its depots, including Yennora, Beresfield, and Tamworth. Despite some improvements, the Tamworth depot lacked a substantial traffic management plan. On November 4, 2020, a truck driver was seriously injured at the Tamworth depot due to inadequate safety measures.
Company Liability
Miller was found guilty of failing to comply with its WHS duty, exposing the worker to serious injury risk. The Court noted that Miller was aware of the risks and failed to implement effective safety controls, such as designated loading zones and physical barriers, relying instead on a loosely enforced 3-meter rule.
This case highlights the importance of active engagement and due diligence in managing WHS responsibilities. Directors can avoid liability by implementing these practical steps and ensuring robust safety measures are in place.