A NT business that had in place a “no heavy lifting” policy, has successfully defended a claim of negligence from a worker who allegedly injured his back lifting a heavy valve cap weighing 91kg.
The court heard that the company had:
- A safe work procedure in place which required mechanical assistance to lift the heavy valve caps;
- Enforced the procedure, as evidenced by an earlier reprimand where a worker failed to follow the safe work procedure for lifting heavy objects;
- Conducted mandatory tool box talks, which included the injured worker.
The court Justice also questioned the current incapacity as 17 surveillance videos showed the worker; lifting, twisting, pushing, pulling, walking, rowing a boat, shovelling concrete and carrying fuel.
The Justice stated that had the claim been upheld she would have awarded damages of $311,000 after a 40 percent discount for contributory negligence.