|University||The University of Newcastle (UoN)|
|Subject||OHSE3720: Eohs Law|
Robot Pte Ltd manages a warehouse and stores sand packs. The sandbags are transported by Robot’s employee using a forklift to stack them up in the warehouse. Bobby, an operator stacking the sandbags, accidentally struck the side of some packed sandbags while operating the forklift.
This punctured some bags from the lower stack, causing the sand to spill out. Bobby alighted and attempted to seal the torn bags. While sealing the torn bags, the upper stack of sandbags toppled down onto him. He was extricated from the toppled load but pronounced dead on the spot by the paramedics.
(a) List out and briefly explain at least 5 recommendations that you will consider to prevent such an incident again.
(b) As this was classified as a fatal accident, Robot Pte Ltd reported the case immediately to the Ministry of Manpower. Within hours, inspectors from the Ministry arrived at the warehouse of Robot Pte Ltd. The company wants to know what are the general powers of the inspectors as provided by the Workplace Safety and Health Act.
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Axon Pte Ltd(Axon) is involved in the transport of sand in barrels (closed cylindrical plastic containers). Axon employed a lorry driver, Samy who works with another assistant, Bob also employed by Axon. The transport of these sand barrels is usually done by these two employees.
On 28 December 2021, after reporting to work, Bob felt ill and drowsy. Bob requested two of the security guards employed by Axon, Charlie, and David to help out loading some sand barrels at the worksite of Axon. Bob, Charlie, and David know that the security guards are forbidden by Axon to do any loading or unloading work.
Despite knowing this, Charlie and David helped Samy load some barrels onto the lorry and locked its tailgate. Samy had to deliver the load to the CGG Pte Ltd site which shall be unloaded by the employees of CGG. Samy drove the lorry with loaded barrels to the worksite of CGG.
Upon arrival at the CGG worksite, Samy went behind the lorry and lowered the tailgate while CGG’s employees, Rashid and Kris were waiting to unload the goods at the back of the lorry. As Samy lowered the tailgate, a barrel rolled out and struck Rashid. Rashid was permanently paralyzed and will not be able to return to work.
(a) Examine whether Rashid suffered an injury in the course of and arising out of any employment?
(b) Identify all the parties that may be liable for the injuries suffered by Rashid and briefly examine their individual liabilities and any defence available in law.
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