A very dangerous precedent

In a recent Fair Work Commission decision a worker was reinstated after he was dismissed for failing to sign onto a confined space permit and entering the space. The reason for reinstatement was that the workers supervisor had previously waived the need to sign on and that his actions didn’t cause any actual harm. This decision totally abdicates worker responsibility to ensure their own safety and the safety of others and make intelligent decisions about it. It undermines prevention focus of WOHS legislation. So is the excuse for the next serious incident going to “he told me to” what are we 5??? This incident could have resulted in serous injury or fatalities. The use of permits in respect of confined spaces is an important risk management tool and this decision basically says don’t worry about it if your boss says that ok. Just a note the decision was also influenced by the fact that the Supervisor was only counselled, they both should ave been fired.
Case reference Boral Cement Ltd v Steven Hawkins [2018] FWCFB 6484 S