WHS Failure-Retail Staff fall nets $235k damages

Businesses in the retail sector often think it won’t happen to them… a fall from heights… A worker at Millers Clothing outlet fell from a step ladder as she was trying to remove a mannequin from a high shelf.

At the hearing, the worker claimed that her employer was negligent in that it had:
1. Failed to devise and implement a safe system of work.
2. Failed to provide proper equipment to carry out the task.
3. Failed to provide a ladder suitable for the task as the ladder was too small.
4. Failed to provide a means of getting clothing from the mannequins that did not require climbing up to the shelf.
5. Failed to provide adequate manual assistance.
6. Failed to supervise the task to ensure it was carried out without injury.
7. Failed to exercise due and proper care of her safety.
8. Failed to comply with the Work Health & Safety Act.
9. Failed to undertake an adequate risk assessment to identify hazards and apply effective control strategies.
10. Failed to implement a policy ensuring that a second worker be present when the stepladder is used.
11. Failed to instruct the employee to ignore calls while serving customers.
12. Failed to instruct staff about a safe method to remove clothing from mannequins on the overhead shelf.

Do you have a safe system of work?

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