Welcome to the HWL Ebsworth National Safety Update for March 2025.
Workplace behaviours are now the focus of safety regulators around Australia.
The traditional lines drawn between safety and employment are now firmly mixed, where appropriate workplace behaviours of workers and management are closely scrutinised to assess, is it a safety risk, an employment risk, or both?
Our safety and employment specialists from around Australia have provided interesting and thought-provoking articles on current court cases and FWO investigations that will leave you asking the question: “how safe is my workplace?”
Australian Capital Territory
Agius v JB Slab Pty Ltd [2025] ACTMC
In a recent case, JB Slab Pty Ltd was fined $225,000 after failing to comply with its health and safety duties under the WHS Act, following an incident where an employee was injured by a collapsing wall. The Court found the company neglected to implement necessary safety protocols, provide adequate training, and use appropriate materials, creating an inherently unsafe work environment. This case highlights the importance of ensuring workplace safety measures are in place, training is provided, and risks are proactively managed to protect worker well-being and prevent costly penalties.
Click here to read more.
Commonwealth
FWO launches investigation into sexual harassment
On 20 March 2025, the Fair Work Ombudsman launched an investigation into sexual harassment claims within the building and construction sector. This move follows broader national measures to address workplace sexual harassment, including the Respect@Work reforms and the rollout of a Work Health and Safety Code of Practice. Employers are urged to take proactive steps to audit their operations in order to ensure compliance with legislative obligations to prevent sexual harassment.
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New South Wales
Managing psychosocial hazards in the workplace
As workplace health and safety regulations evolve, the focus on psychosocial hazards is growing. Employers now face greater responsibility to mitigate risks like work-related stress, poor relationships, and lack of support. With legal cases highlighting the severe consequences of neglecting these hazards, it’s more important than ever for businesses to proactively manage workplace stressors and comply with evolving safety standards. Learn how to assess, control, and review psychosocial risks to safeguard both employees’ wellbeing and your organisation’s reputation.
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South Australia
Labour hire company and host company fined after fall
Two Adelaide companies have been fined a total of $108,000 after a labour hire worker fell 4.6 meters through a skylight, suffering serious injuries. The incident, which occurred at the Resthaven Age Care Facility, revealed critical safety oversights, as both SA Construct and Brother Hu Pty Ltd failed to properly assess the risk of the skylights on the roof. This case underscores the shared responsibility of both host employers and labour hire companies to implement comprehensive safety measures, risk assessments, and training to protect workers in such arrangements.
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Victoria
Upcoming legislative changes: an increased focus on psychological health in the workplace
Victoria is set to implement new Occupational Health and Safety (Psychological Health) Regulations, elevating psychosocial risks to the same level as physical hazards. These regulations will require employers to proactively manage risks like bullying, harassment, and workplace violence by implementing policies, training, and prevention plans. With increased regulatory scrutiny expected, businesses in Victoria should start preparing now to ensure compliance and avoid potential penalties.
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Western Australia
The million-dollar cost of overworking employees
A recent safety prosecution makes it clear that regulators are concerned about the health and safety of white-collar workers and highlights the significant costs of failing to manage psychosocial hazards like stress, fatigue, and burnout. After two employees suffered psychological injuries due to excessive workloads and poor support, their employer was prosecuted and elected to enter into an enforceable undertaking, committing over $1 million to improve workplace safety. This outcome underscores the importance of proactively addressing psychosocial risks, from managing role clarity to ensuring adequate support, to avoid costly repercussions and protect employee wellbeing.
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