Queensland Workplace Health and Safety will proceed with a prosecution of a non-profit organisation for a Category 2 Offence under the WHS Act 2011 Section 32 (for failing to comply with a health and safety duty and exposing individuals to a risk of death or serious injury) over the death of a gym-user at a South Queensland gym in September 2017.
The deceased, died under tragic circumstances, whilst bench pressing 100 kg at a South Queensland Centre and was found 20 minutes later, pinned under the bar. According to media reports, staff and other gym-goers provided first aid before paramedics rushed the seriously injured individual to the Hospital, where he later died.
At the time of the incident the South Queensland gym, had signed a waiver of responsibility, and had a policy required anyone under the age of 16 to complete an induction with a parent or guardian and be supervised at all times.
Whether you are a gym, restaurant, school or a nonprofit organisation, under the Workplace Health & Safety Act 2011 in Queensland, Section 19 (2) An employer must ensure, so far as is reasonably practicable, a safe environment to their clients, customers and visitors within the workplace.
All Businesses are required to provide and maintain:
- a safe work environment;
- safe equipment, processes and WHS information;
- WHS training, as well as clear instructions that is understandable by anyone; and
- supervision that is essential to protect individuals from risks to their health and safety;
The signed waivers can only provide a company or an organisation a limited level of protection, and will not remove this South Queensland business of their responsibilities and their liability under the WHS Act. 2011 where there has been gross negligence or breaches of WHS laws. It is time for you to check your business’s compliance with the work health and safety legislation.
Having waivers of responsibility or a policy and procedure won’t remove your business’s liability.
When was the last time you reviewed your WHS Management System? Do you know your business’s WHS responsibilities under the WHS Act? Have you trained your Managers and Supervisors for their responsibilities. Have you seen our WHS for Managers and Supervisors Training