In a safety-critical mining environment, employees are entitled to rely on all other workers following safety procedures. However, the actual risk posed by a breach must be assessed in the particular circumstances, including whether persons were actually in the vicinity and at risk.

The scope of a designer's duty of care under s24(2a) of the SA Occupational Health, Safety and Welfare Act 1986 (analogous to s23(3a) WA OSH Act) is limited to matters within the power of the designer to perform or check, such as ascertaining intended use, loads to be experienced, and location, and does not extend to procedures adopted during construction which are outside the designer's power to control, supervise or manage.

Electronic traffic in sexually explicit, pornographic and violent images is a legitimate and growing concern to employers. Such images can undermine acceptable workplace standards and create environment conducive to harassment and discrimination. Employers may incur legal liability under anti-discrimination legislation if they do not take active steps to eliminate such traffic.

Workplace bullying is an occupational health and safety issue; investigating workplace bullying complaints is an action taken to comply with OHS obligations under applicable OHS legislation.

The testing procedure for urine samples must comply with the Australian Standard AS/NZS403:2008. The procedure includes specimen collection, on-site screening, chain of custody procedures, and appropriate handling and dispatch of specimens for laboratory testing.

Public interest considerations in work health and safety are relevant to the discretion to grant a stay, including whether the stay would create unacceptable risks for workers and others in the workplace. The legislation focuses on achieving safety in the workplace.

Workplace bullying and victimisation can damage an employee's psychological health and may constitute a failure to provide a safe workplace in breach of the WHS Act

An employer has the exclusive responsibility for the safety of the appliances, the premises and the system of work to which he subjects his employee. The employer is liable only if in all of the circumstances of the case there has been a failure to take reasonable care for the safety of the plaintiff, and does not warrant the safety of the premises.

The standard of care required of an employer towards an employee is not one which imposes strict liability but is a high standard of care. The duty remains non-delegable and the standard does not diminish because performance may be difficult for the employer.

Safety is of utmost importance in the workplace, particularly on mine sites where safety incidents can have serious implications for health and life. Formal risk assessment mechanisms such as JHAs and Take 5s exist to manage these risks and are widely known and understood in blue collar workplaces, such as mining.

Safety policies must be rigorously enforced in safety-critical workplaces, and employers are both obligated and entitled to advance responsible workplace safety strategies. Employees have real and enforceable obligations to comply with safety policies.

A statutory obligation to provide a safe workplace under the Work Health and Safety Act 2011 cannot be abrogated via enterprise agreement or restructuring process; however, if a union asserts changes are unsafe, the union must prove that assertion.