The Work Health and Safety Tribunal has reviewed the decisions and improvement notices issued by the WorkSafe Commissioner, revoking the decisions of the WorkSafe Commissioner, setting aside the improvement notice, and dismissing the applicants’ application for costs. 

Background  

An employee's injury in a horse-riding incident at a station operated by the first applicant prompted a WorkSafe investigation. Initially, WorkSafe deemed the applicant compliant but later raised concerns about optional helmet use, issuing a prohibition notice for mandatory helmet use. The WorkSafe Commissioner cancelled this notice upon review. Subsequently, further improvement notices were issued and affirmed, leading to an application to the Tribunal, where WorkSafe eventually conceded their invalidity based on expert reports and legal advice, resulting in proposed consent orders to set them aside. The applicants sought redress for expenses incurred in preparing expert reports. 

Contentions  

The applicants contested WorkSafe's issuance and affirmation of improvement notices, arguing they lacked reasonable grounds, particularly given WorkSafe's subsequent concession. They criticised the lack of concrete evidence behind WorkSafe's actions and emphasised the need for WorkSafe to bear the applicants’ costs.  

WorkSafe opposed the application, asserting the reasonableness of its decisions, citing precedent, and defending its actions based on available evidence and industry standards. WorkSafe refuted alleged delays in obtaining expert evidence and contested the quantum of costs sought. 

Findings 

The Tribunal found the applicants contravened safety laws by failing to ensure employees wore helmets while riding horses, citing past incidents and industry standards.  

The Tribunal rejected the applicants’ argument that WorkSafe's concession implied a lack of reasonable grounds, stating it was based on expert advice.  

The Tribunal dismissed the cost application and set aside the Improvement Notices by consent. 

The decision can be read here. 

Decision issued Wednesday, 13 March 2024.