Workplace Safety Law:

Workplace safety law will be relevant to both the employer and the employee. Safety in the workplace is obviously a priority to employees so that injury to health is avoided onsite. Likewise, the employer will want to keep risks of injury at work to a minimum to ensure that his or her staff and employees are not exposed to undue hazards. Be that as it may, there are likely to be situations and times where risks and hazards will eventuate. In these situations, injury, damage or harm can be affected to the employee (and the employer as well).

There are laws that mandate workplace safety measures and policies for the employer. These laws may involve legal principles and concepts derived from both statutory provisions as well as the common law. At times, these can be complicated and difficult to interpret in light of the specific kind of work that is being done on the worksite. A workplace safety lawyer will be able to assist in interpreting the legal requirements and assess whether or not obligations have been met. Likewise a workplace safety solicitor will be able to help draft any necessary policies and advise on the appropriate workplace programmes to ensure that workplace safety measures are effected.

Breaches of workplace safety can amount to either breach of contract or negligence. They can result in the voiding of an insurance policy and the resultant financial damage to the business and its reputation. An insurer may rely on an exclusion clause to disclaim liability. In these situations, a workplace safety litigation solicitor may be needed to provide legal advice on the insurance implications of any alleged breach of workplace safety. Insurers may assert an exclusion, but the mere assertion may not necessarily mean that the insurance policy is voided or inapplicable.

There could be a legitimate dispute concerning the workplace safety breach, and therefore an arguable case may be stated that the insurer is indeed liable. The workplace safety litigation lawyer should consider the terms of the policy in detail and compare them to the facts of the case. These are then assessed in light of the relevant legal principles and recent case law. Only then can properly informed legal advice be provided to the litigant.

The common law implies certain terms to contracts (contracts both verbal and written) and other terms which may not be express but can be inferred from the agreements as well as the conduct of the parties. These can have an impact on the interpretation of the law and the determination of liability for both the employer and the employee (or a contractor, subcontractor, agent or other representative) in workplace disputes surrounding health and safety issues. Breaches of these can ground a cause in action for breach of contract and these can also bolster a claim in negligence. Negligence is not easy to prove and requires the establishment on the evidence of the existence of a duty of care, the standard of that duty, evidence of its breach, the existence of loss or damage and causation.

A civil litigation solicitor will be able to draw from his or her experience in the practice of complex civil disputes. A commercial litigation solicitor will likewise have the benefit of his or her exposure to complicated commercial matters. The workplace safety team at Navado has systems in place where both civil litigation lawyers and commercial litigation lawyers have integrated databases and practice resources, which allows them to “cross-fertilise” when preparing a case and draw from a larger body of information common to both the civil and commercial areas.

If you are involved in a workplace safety dispute, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.