Details  Created: 06 March 2020

The Occupational Health and Safety Tribunal (Tribunal) has reviewed and revoked an improvement notice issued to the applicant for contravening the Occupational Safety and Health Regulations 1996 (WA) (OSH Regulations).  Details  Created: 06 March 2020

The applicant contended that they ought not to be held totally responsible for the actions of their crane driver in parking the crane on the road which resulted in a major road being closed.

Upon being issued an improvement notice by a Worksafe Inspector, the applicant applied to the Worksafe Commissioner for a review of the improvement notice, which was affirmed by the Commissioner. The applicant then referred a request for a review of the improvement notice by the Tribunal.

The respondent, Worksafe, submitted in the proceedings before the Tribunal that the improvement notice ought to be revoked on the basis that neither its affirmation nor affirmation with modification can be given effect.

The applicant sought the continuation of the proceedings so that the Tribunal may determination the requirements of the OSH regulations and the obligations of them as employers should a similar situation occur in the future.

The Tribunal found that the improvement notice ought to be revoked on the basis that it was not possible to affirm or modify the requirements of the improvement notice as the site for which the improvement notice concerned no longer existed.

The Tribunal also found that it ought to refrain from further hearing as it does not have the power to inquire generally into similar circumstances that may arise in the future.

The improvement notice was revoked.

The decision can be read here.