Being busy not an excuse for safety breaches

Fair Work Australia recently upheld the dismissal of a butcher who breached safe operating procedures claiming he was busy and under pressure.

In Nicholls v Woolworths Limited T/A Woolworths Limited, the employee was a butcher working at Woolworths who failed on two occasions to use the sliding guard and clamp whilst cutting meat on a bandsaw. Relevantly, there was a chart displayed adjacent to the bandsaw indicating which cutting operations require the use of the sliding guard and clamp.

After the first incident on 16 July 2010, Woolworths issued him a first and final warning to use the guard and clamp. Woolworths also instructed him that being busy was not an excuse to breach safety procedures. Following a similar incident on 1 March 2011, Woolworths dismissed the employee arguing that the repeated incident was serious enough to warrant termination of his employment.

In his unfair dismissal claim, the employee argued that the dismissal was harsh considering his service of 15 years, his otherwise ‘good work record’ and the difficulty he would have at the age of 60 to find other employment. In reply, Woolworths argued that the employee was aware of the procedures for the use of the bandsaw and was trained in its safe use. Woolworth’s also submitted that the employee’s claims of being busy and under pressure didn’t mitigate his breach of safety procedures, particularly in light of the first warning.

Deputy President Ives agreed with Woolworths and held that the safety breach was serious, stating that the employee is a ‘highly experienced tradesperson, in receipt of appropriate training and aware of his obligations in relation to safety’. DP Ives described the employee as being the ‘architect of his own demise’.

Key Points: An employee’s serious breach of safety procedures will generally be considered as a valid reason for termination of employment. However, it is important that the employer can demonstrate that the employee was aware of the employer’s workplace health and safety policies and procedures through induction training and regular refresher training. It is also important that the employee has been shown how to use the equipment safely.