In the media
Queensland mine workers up safety complaints
The Queensland Mines Inspectorate has received increasing
reports of safety risks from mine and quarry workers across the
state (26 March 2020).
More...
Public servants accuse Government of not practising what
it preaches to prevent coronavirus
Public sector workers have told the ABC that they are
being prevented from working remotely by the federal and state
governments, despite pleas for Australians to practise social
distancing and stay at home (24 March 2020).
More...
NSW business fined after steel tube hits unlicensed
forklift operator
Trans Vent Spiral Tubing Pty Ltd was on Monday fined a
total of $90,000 in the District Court of NSW for two charges under
the Work Health and Safety Act 2011. Trans Vent Spiral Tubing has
30 days to appeal the decision (20 March 2020).
More...
Asbestos warning for NSW building industry
A new safety campaign is warning New South Wales builders
to beware asbestos lurking in more places than expected. The
campaign, launched by the NSW Environment Protection Authority
(EPA), warns that more than 3000 products containing asbestos were
used in Australian homes and workplaces before it was banned in
2003 (19 March 2020).
More...
Edge protection company and its director fined $55,000
for exposing workers to risk of serious injury
In sentencing, Magistrate Stephen Courtney said general
deterrence was a factor in determining the penalty, as well as
denouncing the defendants' conduct. The director received a
$5,000 fine with no conviction recorded. Court costs of $1,000 were
shared by the two defendants (18 March 2020).
More...
New safety body for Queensland mine workers
Queensland's resource workers will soon have their own
independent health and safety regulatory body after the state
parliament supported new legislation (18 March 2020).
More...
New safety body for Queensland mine workers
Queensland's resource workers will soon have their own
independent health and safety regulatory body after the state
parliament supported new legislation (18 March 2020).
More...
New guidelines to combat gendered violence at work
WorkSafe has developed A Guide for employers: Work-related
gendered violence including sexual harassment in consultation
with the Victorian Trades Hall Council and other
employer and employee representative groups (13 March 2020).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 12 March, there have been 38 Australian workers
killed at work in 2020. The numbers and industries
may vary from one report to the next, as Safe Work receives more
detailed information (to check for updates and more details on
fatalities since 2003, go to the Safe Work Australia Work-related
fatalities
webpage).
In practice and courts
Normal life has been disrupted - Managing the disruption
caused by COVID-19
This is an Occupational Therapy Guide providing general
advice for those spending much more time at home, either due to
work or just generally. It has some useful advice (19 March 2020).
More...
Comcare COVD-19 Guidance –updated 26 March
2020
The following guidance has been prepared to assist workers
and employers (persons conducting a business or undertaking (PCBU))
to meet their obligations under the Commonwealth Work Health and
Safety Act 2011. This guidance also assists employers and employees
regarding entitlements under the Safety, Rehabilitation and
Compensation Act (SRC Act).
More...
Comcare: COVID-19 update
Comcare has issued updated guidance on work health and
safety and workers' compensation in relation to the coronavirus
(COVID-19) outbreak (20 March 2020).
More...
Advice from Comcare on working remotely
Comcare has prepared a
Working from home checklist that provides minimum guidance for
employers and workers to meet their work health and safety
obligations (updated 25 March 2020).
Comcare seeks feedback on WHS undertaking
guidelines
Comcare has
drafted guidelines that outline the purpose, acceptance processes
and procedure for giving a work health and safety (WHS) undertaking
under the WHS Act
2011 (Cth). Comcare will be accepting feedback on its '
Guide to Work Health and Safety Undertakings' and '
WHS Undertaking Template' until 29 March 2020.
Safe Work Australia: Employer information to manage
COVID-19 risks
Safe Work Australia has published
updated information for employers on managing the risks from
COVID-19.
Under the model work health and safety (WHS) laws, employers must
have measures in place to eliminate or manage the risk of exposure
to COVID-19 (26 March 2020).
The Coronavirus (COVID-19): Advice for Employers web page
includes information on what an employer should do to protect
workers and others at a workplace as well as manage risks (26 March
2020).
NSW
SafeWork NSW: Statement of regulatory intent:
COVID-19
SafeWork
public notice: Regulatory approach to NSW work health and
safety legislation - COVID-19 (26 March 2020).
More...
NSW fire safety reforms to be enforced from April
2020
From April 2020, only accredited fire safety practitioners
will be authorised to endorse plans and specifications of fire
safety systems.
More...
Safework NSW: Traffic control work
Information on the changes to the Work Health and Safety
(Traffic Control Training) Regulation was made on 20 December 2019,
with the Traffic Control Training scheme transitioning from
Transport for NSW (TfNSW) to SafeWork NSW. The new regulatory
scheme will commence from 1 July 2020.
Queensland
WorkCover Qld: Coronavirus (COVID-19) workplace risk
management
Businesses should also plan to respond to cases of
COVID-19 at work in line with advice provided by Queensland Health. Visit
the
Queensland Health website for self-quarantine requirements (23
March 2020).
More...
WorkCover Qld: Crush incidents when
loading/unloading
Loading and unloading trucks at workplaces can be
hazardous, depending on the type of material being handled, nature
of the task, and the weather conditions. The site location may also
present other unique risks, including varying terrain and people
near of the load/unload area (20 March 2020).
More...
Victoria
WorkSafe Victoria: Using a vehicle loading crane for
deliveries on construction sites
Safety alert 23 March 2020
Recently an employee was fatally injured whilst assisting with the
delivery of trusses to a residential construction site. Hazards
that may pose a risk to employee health and safety when unloading
deliveries with a vehicle loading crane are outlined
here.
WorkSafe Victoria: Guidance (March 2020)
Minimising the spread of coronavirus (COVID-19): Working from
home. This guidance provides information on the duties of
employers and the health and safety issues to consider when setting
up a home office.
Worksafe Victoria: Safety SoapBox 19 March 2020
Safety Soapbox March 2020
Cases
SafeWork NSW v Trans Vent Spiral Tubing Pty
Ltd [2020] NSWDC
47
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – risk of
death or serious injury SENTENCE – objective seriousness
– mitigating factors – aggravating factors – plea
of guilty – general deterrence – specific deterrence
– appropriate penalty COSTS – prosecution costs OTHER
– falling object hazard – transport of heavy steel coil
on tine of forklift – coil fell off tine and onto worker
– failure to use jib and sling to safely transport coil
– failure to instruct or train workers OTHER – workers
operating forklifts without the appropriate high risk licence
– no register kept
SafeWork NSW v AKA Civil Australia Pty Limited; (No.
3) [2020] NSWDC 48
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – risk of
death or serious injury SENTENCE – objective seriousness
– mitigating factors – aggravating factors – plea
of guilty – general deterrence – specific deterrence
– appropriate penalty COSTS – prosecution costs OTHER
– collapse of brick wall during demolition work –
bricks, scaffolding and power lines fell onto main road – no
adequate risk assessment, demolition plan or supervision
Williamson v Betterlay Brick and Block Laying Pty
Ltd [2020] QCA 52
CRIMINAL LAW – APPEAL AND NEW TRIAL –
PROCEDURE – where the respondent successfully appealed to the
District Court against its conviction in the Magistrates Court on a
complaint that alleged that it was a person that "had a health
and safety duty" under the Work Health and Safety Act 2011
(Qld) (WHS Act) – where the appeal was allowed on the basis
that the prosecution did not prove its case beyond reasonable doubt
– where the applicant seeks leave to appeal under s 118(3) of
the District Court of Queensland Act 1967 (Qld) (DCA) – where
the applicant has had the benefit of two judicial hearings before
the Magistrates Court and the District Court – whether an
appeal to the Court of Appeal is necessary to correct a substantial
injustice – whether the applicant's grounds of appeal
concern issues of general importance in relation to the conduct of
similar prosecutions under the WHS Act – whether leave to
appeal should be granted
CRIMINAL LAW – PARTICULAR OFFENCES – WORKPLACE HEALTH
AND SAFETY OFFENCES – where the respondent was engaged to
carry out block laying work for a block wall at a construction site
– where, properly built, the block wall would have been
constructed by laying courses of besser blocks, with steel
reinforcement or "droppers" placed vertically through the
block wall and then core filled by concrete – where the
respondent attended at the site on 28 November 2014 and failed to
insert vertical steel reinforcement into the wall, as required by
the applicable engineering specifications – where the
respondent was found guilty in the Magistrates Court under s 33 of
the WHS Act because it had a contractual responsibility to
construct the walls according to engineering specifications and did
not do all that was reasonably practicable to ensure that steel
reinforcement was placed into the wall – where the conviction
was overturned by the District Court, on the basis that the
prosecution failed to prove its case beyond reasonable doubt, in
that the offending conduct was not proved to have occurred on the
date stated in the complaint, being 2 December 2014 – whether
the complaint alleged a breach of duty after the wall was core
filled – whether s 33 of the WHS Act creates a continuing
offence – whether there was a breach of the duty pleaded as
at 2 December 2014 –whether a single date was required to be
pleaded and proven as an essential element of the offence under s
33
District Court of Queensland Act 1967 Qld s 118; Work Health and
Safety Act 2011 Qld s 18, s 19(2), s 33, s 232
Legislation
Queensland
Bills
Resources Safety and Health Queensland Bill 2019
Introduced by: Hon A Lynham on 4/09/2019
Stage reached: Passed with amendment on 17/03/2020
Assent Date: 19/03/2020 Act No: 10 of 2020 Commences: see Act for
details
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
