Applying the Manual Tasks Code of Practice 2000 to the workplace : Griffiths v State of Queensland [2011] Aust Torts Reports 82-083 ; QCA 57

This section note examines the personal injuries claim made by Mrs Griffiths for compensation for musculoskeletal injuries arising from a breach by her employer (Queensland Health) of their workplace health and safety obligation. Mrs Griffiths argued that Queensland Health had not discharged its workplace health and safety obligation by not following the ways stated in the Manual Tasks Code of Practice 2000 (the Code) to manage the manual task hazards in the workplace. The judge at first instance dismissed Mrs Griffiths claim. On appeal, Muir and White JJA allowed Mrs Griffiths’ claim finding that the trial judge had erred in his interpretation of the Code as it related to Mrs Griffiths’ workplace. Chesterman J dissented agreeing with Daubney J’s interpretation of the application of the Code. Whilst the Workplace Health and Safety Act 1995 (Qld) (the Act) no longer allows a cause of action to arise from breach of an obligation under the Act this case is nevertheless instructive in terms of considering how the Code might be used to manage manual task hazards in the workplace.