Proof of a single instance of negligent supervision by particular supervisors on a particular occasion does not necessarily establish that the employer failed to provide and maintain a safe working environment under s 19(1) of the Occupational Safety and Health Act 1984 (WA). Where an employer has laid down a safe system of work and provided competent supervisors, casual failures by those supervisors to observe the system will not render the employer criminally liable absent proof that the employer itself failed to use due diligence. Expert witnesses may not give opinion evidence on what amounts to compliance with the statutory standard, as that is a question of law for the court.
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