Lifting bins and common sense: if it's too heavy, leave it

In Parsons v JJ Richards & Sons Pty Ltd, a garbage truck driver received back injuries when he tried to lift a heavy household bin.

The worker knew the bin was too heavy to lift but continued to do so. The attempt to move the bin from the driveway may have been foreseeable for a conscientious worker trying to work efficiently. However, the worker had assessed the bin as heavy before he attempted to move it and the worker’s claim for damages was dismissed as he was aware of other options available to him such as radioing for assistance.

While the worker ignored the employer’s instructions not to lift heavy bins, the case serves as a reminder to employers to ensure employees have the requisite training on working safely.

Avoiding the common law claim is one thing — would the company have survived an OH&S prosecution? Arguably not!

At times accidents do happen where employees are eager to perform work. Employers need to hammer home to employees that cutting corners is not acceptable, and of exactly what to do when faced with situations out of the ordinary. OH&S prosecutions can be successful even though the employee ignores the instructions. The question might be asked — where was the control here, given the obvious risk of injury?

*Douglas Workplace & Litigation