Bankstown Foundry Pty Ltd v Braistina [1986]: A Quick Summary

Bankstown Foundry Pty Ltd v Braistina

Case name & citation: Bankstown Foundry Pty Ltd v Braistina [1986] HCA 20; (1986) 160 CLR 301

  • Court: High Court of Australia
  • Judges: Mason, Wilson, Brennan, Deane and Dawson JJ.
  • Date: 13 May 1986
  • Area of law: Negligence; Duty of care; Safe system of work; Contributory negligence

What is the case about?

The case revolves around a workplace injury sustained by Mr. Braistina who worked as a machinist for Bankstown Foundry Pty. Ltd. He had extensive experience in the metal trades, having worked in Yugoslavia and Australia. On December 5, 1979, while engaged in drilling holes in cast iron pipes weighing about sixty pounds each, he suffered a cervical spine injury that led to a disc lesion.

Case Facts (Bankstown Foundry Pty Ltd v Braistina)

Work Process: Mr. Braistina was required to lift pipes from a pallet, position them on a drilling machine, and stack them after drilling.

Injury: The injury occurred after approximately three hours of work and after handling about 115 pipes. Mr. Braistina used a different lifting method than instructed, which involved directly inserting the pipe into the machine rather than lowering one end to the ground first.

Foreman’s Evidence: The employer’s foreman had previously spoken to Mr. Braistina on proper lifting techniques and noted that he had observed deviations from this method.

Use of Hoist: A mechanical hoist was also available for lifting the heavier pipes, but the respondent claimed he had sought permission to use it for the four-inch pipes, which the foreman denied. However, the foreman testified that he had not received any complaints from the respondent regarding the weight of the pipes and had instructed employees to use the hoist if they felt the pipes were too heavy.

Trial Court Findings

The trial judge found the employer liable for negligence, emphasizing that a safe work system should have mandated the exclusive use of the mechanical hoist to eliminate risks associated with lifting heavy pipes. The judge ruled that while Mr. Braistina was partly at fault (10% contributory negligence) for not adhering to the proper method, the employer failed to enforce safety protocols adequately. The employer should have mandated the use of the hoist.

Appeal

The Court of Appeal upheld the trial judge’s decision, concluding that:

  • The employer had a duty to provide a safe system of work and to enforce it.
  • The finding of contributory negligence was not contested by Mr. Braistina.

High Court Considerations in Bankstown Foundry Pty Ltd v Braistina

Duty of Care: The High Court emphasized that employers must take reasonable care to provide a safe working environment, particularly in light of modern safety standards.

Risk Assessment: The Court noted that the risk of injury from lifting and twisting movements was foreseeable and that the employer’s failure to require the use of the hoist was a breach of their duty.

Standard of Care: The High Court clarified that while the traditional reasonable care standard applies, recent decisions reflect a growing expectation for employers to adopt stringent safety measures to prevent workplace injuries.

Conclusion

The High Court ultimately dismissed the appeal, reinforcing the findings of the trial court and the Court of Appeal.

The judgment affirmed that reasonable care in an employer’s duty extends to implementing effective safety measures, particularly when risks are foreseeable and can be mitigated through practical means.

Quote from the case (Bankstown Foundry Pty Ltd v Braistina)

“The fact that finally establishes the liability of the appellant is the ready availability of the hoist, providing an alternative means of handling the pipes which would have eliminated any risk whatsoever. There was no undue expense or difficulty occasioned to the appellant in prescribing its use. Once it is accepted that such use would eliminate the risk of injury, it necessarily follows that a prudent employer exercising reasonable care would require that it be used, at least for those parts of the process where otherwise it would be necessary to engage in a full lift of a pipe.”

(By Mason, Wilson and Dawson JJ.)

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