Due Diligence Essay

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Choose a decided WHS/OHS case (N.B. there are links on the OLS/Assessment Information/Assessment Tips to decided cases from each State and Territory) and summarise what it had to say about the following (read the court decision please): Identify/ name the case you have reviewed. Background In January 2009 Geoffrey "Blackfella" Gowen was killed when he was crushed between the jib of a vehicle loading crane and the side of a truck. Mr Gowen was employed by the labour hire company Adecco Industrial Pty Ltd to work for SITA Australia Pty Ltd in its waste disposal business. He was working with another worker very early in the morning collecting waste bins from the rear of the Evatt shops. Mr Gowen started to operate the vehicle loading crane so as to pick up a bin but, largely because of his lack of experience and training, the crane jib extension moved downwards unexpectedly and he became trapped between the crane jib and the control panel on the side of the truck. Mr Gowan had only been working with SITA for a week. Two companies - the employer SITA Australia Pty Ltd and labour hire company Adecco Industrial Pty Ltd - have since been taken to court for failing to comply with safety duties. This fatality was one of the four fatalities (three of which had been in the ACT construction industry) in a 7-month period which led to the Getting Home Safely Report being commissioned by the ACT Government. b).What section(s) of the Act / Regulations were breached? Students should base their answers on the current WHS/OHS legislation in their State or Territory. Both Companies were charged with failing to meet to meet their Primary Duty of Care under Section 19 of the WHS Act to ensure the health and safety of its employee’s while at work (1) A person commits an offence if— * a) the person is required to comply with a safety duty; and

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