In the media
Tradies Toolkit for Health and Safety
Tradies National Health Month this August will boost and transform
the health and safety of Australian tradies. Safe Work Australia
recently reported $8.7 billion in compensation costs for trips,
slips and falls relating to 26,705 claims, and with research
showing that 80 per cent of injured workers in Australia are
tradesmen and labourers, this initiative is a must (17 July 2014).
More...
TAFE fined $300,000 over horse-riding death at Dubbo
campus
A Judge has convicted and fined TAFE NSW $300,000 over the death
of a student in a horse-riding incident, but agreed with her family
it remains ''terribly unfair'' the person
ultimately culpable for the safety failings has yet to be named (16
July 2014).
More...
Farm injuries at a new low, but safety remains a
priority
Farm injury claims fell by more than 14 per cent in the past 12
months and are now at a 10-year. Farmers and their employees made
401 claims in 2013, a fall of more than 14 per cent on the 467
claims made in 2012. But farming remains one of the most high-risk
industries in the state (16 July 2014).
More...
Lowest number of work-related deaths in 11
years
Australian workplaces have recorded the lowest number of
fatalities in 11 years according to data released by Safe Work
Australia today in the report Work-related Traumatic Fatalities,
Australia 2014. The annual report found that 191 workers died from
injuries received at work in 2013, however, the fatality rate for
self-employed workers was three times higher than the fatality rate
for employees (15 July 2014).
More...
The OHS implications of workplace injuries among
plasterers
Workplace injury is an unfortunate aspect of the construction
industry with this segment accounting for some of the highest rates
of incidents. Within this segment, plasterers face the highest
number of injuries among all tradespeople onsite, according to
WorkSafe Victoria (15 July 2014).
More...
WorkCover NSW told to hurry apology over internal
bullying
Members of a parliamentary committee that found widespread
evidence of a culture of bullying, denial and cover-up in WorkCover
NSW have increased public pressure on the state's work, health
and safety regulator to show that it is actually cleaning up its
act (15 July 2014).
More...
Damning report on Tasmanian mine safety finds inspectors
over-stretched, poorly paid
There are critical gaps in Tasmania's mine safety regulations,
an independent auditor has found. Professor Michael Quinlan's
audit of the state's mine safety system found there were
serious deficiencies and he has recommended an urgent review (15
July 2014).
More...
WorkCover in push to restrict union officials'
safety probes
WorkCover inspectors are being told to restrict union officials
from investigating safety complaints amid claims of escalating
political interference in the regulator (10 July 2014).
More...
Dangerous goods licences due for five-year
renewal
A warning has been sent out to shot firers and mining truck
drivers that their dangerous goods security cards are about to
expire. The WA Department of Mines and Petroleum (DMP) has said
that there could be significant consequences for mining workers who
miss the July 15 cut-off date for licence renewals (10 July 2014).
More...
Companies charged over accident
Two companies have been charged for failing to ensure the safety
of a worker who lost both his legs in a Pilbara worksite accident.
The Department of Mines and Petroleum charged Inline Engineering
Services and The Pilbara Infrastructure for failing to ensure the
safety of Mr Coutts was not adversely affected by the work being
undertaken (11 July 2014).
More...
Fair Work rules dismissal of employee with known mental
health issues unfair
In a case that highlights the importance of workplace policies to
support employees' mental health, Fair Work found John Holland
was aware the employee was suffering from serious mental health
issues and should have taken more care when addressing his
situation (10 July 2014).
More...
Bureaucrats who hurt themselves on a coffee run no
longer covered by Comcare
Public servants injured on coffee breaks away from the office will
not be compensated under tough new changes to Comcare that are
expected to increase costs for federal departments. The changes
would take away the safety net for rule breakers by excluding
bureaucrats hurt during ''serious and wilful
misconduct'' or by ''voluntarily and
unreasonably'' taking risks from receiving payouts (09 July
2014).
More...
Published – articles, papers, reports
Work Ability in Australia – Pilot
Study
Author: SafeWork Australia: report by The University of
Sydney
Presents the findings of a pilot study assessing work ability, or
workers' capacity to meet the demands of their jobs. The report
found this was an important component of sustained employability.
If work is designed and managed to eliminate or minimise hazards
and risks work ability will be improved. Improving work ability can
extend working lives (09 July 2014).
More..
Work-related Traumatic Fatalities, Australia
2013
Author: Safe Work Australia
?The report found the lowest work-related deaths in eleven years.
The fatality rate for self-employed workers (4.39 deaths per
100,000 self-employed workers) was three times higher than the
fatality rate for employees (1.31) (15 July 2014).
More...
Australia work-related fatalities 2014
Author: Safe Work Australia
The fatalities: 37 in Transport, postal and warehousing; 24 in
Agriculture, forestry and fishing; eleven in Mining; eight in
Construction; five in Accommodation & food services; three each
in Manufacturing; Electricity, Gas & Water Services; and Arts
& recreation services and one each in Health care/social
assistance; Retail; and Rental, hiring & real estate services?
(14 July 2014).
More...
Occupational Disease Indicators 2014
Author: Safe Work Australia
The indicators in this report primarily rely on workers'
compensation claims data from the NDS. These data are augmented,
where possible, with data from other sources (08 July 2014).
More...
First progress report: Australian Work Health and Safety
Strategy 2012-2022
18 July 2014
This is the first annual progress report covering the period 1
October 2013 to 30 September 2013 providing a snapshot of the
diverse activities undertaken by Safe Work Australia Members and
the Agency to implement the Australian Work Health and Safety
Strategy 2012-2022.
More...
Review of hazards and health effects of inorganic lead
– implications for WHS regulatory policy
report
The report concludes that if no action is taken, the BLRLs and WES
for lead: are not consistent with recommendations of many
committees of scientific and medical experts, do not reflect the
current toxicological and epidemiological knowledge of the risks of
lead, do not promote good practice in health and safety measures
into the Australian workplace.
More...
An information sheet related to the Review of hazards and
health effects of inorganic lead – implications for WHS
regulatory policy report was published on 17 July by Safe Work
Australia.
More...
In practice and courts
Improving the model work health and safety laws:
COAG
Jurisdictions have been asked to investigate ways in which the
model work health and safety (WHS) laws could be improved with a
particular focus on reducing red tape. As part of this review, Safe
Work Australia has released an
Issues Paper and Consultation Regulation Impact Statement (RIS)
to consult with the community on improving the model WHS laws.
Submissions close on 28 July 2014.
More...
National work health and safety guidance material
released
Safe Work Australia has released nine packages of national
guidance material to support the model Work Health and Safety (WHS)
Act and WHS Regulations. The national guidance material was agreed
by majority by Safe Work Australia Members in June 2014 (09 July
2014).
More...
SafeWork Australia: Workplace traffic management
guidance material
This Guide is supported by specific traffic management guides for:
shopping centres, construction workplaces , warehouses, and events.
A Traffic Hazards Checklist and Traffic Control Measures Checklist
are also provided to assist duty holders manage traffic risks (July
2014).
More...
Comcare: Rehabilitation Management Systems audits
FAQs
Do you want to know more about rehabilitation audits? How often
should you conduct a
rehabilitation audit? What is a certificate of compliance?
Rehabilitation Management Systems audits FAQs
(11 July 2014).
Comcare: Safety Essentials: Winter 2014
The quarterly e-newsletter – Safety Essentials – is
designed to give you a snapshot of industry-related news,
legislative changes, publication or project updates, and upcoming
events (15 July 2014).
More...
New safety standards
DR AS 4428.16:2014
Fire detection and alarm systems - Emergency warning control and
indicating equipment
DR AS/NZS 4024.1100:2014
Safety of Machinery - Application Guide
Safety material released
VWA Safety Alert: Danger of freestanding masonry walls The Alert provides advice on control measures for incidents involving masonry walls collapsing on construction sites. Often these walls have lacked the lateral support provided by permanent wall returns or other sections of the final structure such as wall or floor frames, or roof structures; which had yet to be installed."
VWA Guidance and advice: on Managing lead-based paint removal outlining legal duties and implementing the hierarchy of control to minimise exposure of workers.
Work Safe Western Australia: an OSH checklist for the catering industry.
NSW: Is there a mentor in the house?
WorkCover NSW is inviting medium and large construction companies
across the State to join its 2014 House Construction Industry
Mentor Program. Mentees are also eligible to apply for a $500
rebate after making a safety improvement in their workplace (terms
and conditions apply) (11 July 2014). More...
QLD WorkCover: It's time to renew your
policy
Your accident insurance policy - which covers your business for
the cost of any work related injuries - is renewed every year. To
ensure you are covered for another year, you need to declare your
wages information by 31 August so WorkCover can calculate your
premium (08 July 2014).
More...
QLD Workcover: Latest edition of WorkCover Update now
available
WorkCover's update is now available, with articles on renewing
your premium, making things easier for small businesses, and the
allied health table of costs review. There are also links to
webinar recordings on disclosure of pre-existing conditions and
workplace bullying, as well as upcoming events and other helpful
resources.
More...
Cases
Richardson v Oracle Corporation Australia Pty
Ltd [2014] FCAFC 82
HUMAN RIGHTS – discrimination – causation –
whether sufficient causal nexus between sexual harassment and the
effects of workplace investigation – whether sufficient
causal nexus between sexual harassment and alleged psychological
injury suffered as a result of complaint to AHRC and subsequent
litigation – whether "false denials" of sexual
harasser provided causal link between unlawful conduct and harm
suffered rebutting denials in various fora – causation not
made out. HUMAN RIGHTS – discrimination – causation
– whether appellant left employment 'voluntarily'
– whether appellant demoted by employer - whether sufficient
causal nexus between sexual harassment and decision by appellant to
leave workplace – whether analysis of causation in Medlin
v State Government Insurance Commission [1995] HCA 5; (1995)
182 CLR 1 applied to decision by appellant to leave employment
– Medlin applied – causation made out. DAMAGES –
assessment of general damages – whether trial judge assessed
statutory damages under s 46PO(4)(d) of the Australian Human
Rights Commission Act 1986 (Cth) by applying tortious
principles – whether damages pursuant to AHRC Act can be
awarded to partially compensate for loss - proper approach to
assessment of damages under s 46PO(4)(d) discussed. More...
McAllan v Classic Home Improvements (Australia) Pty
Ltd [2014] NSWDC 94
Judgment for the plaintiff. TORT - 21-year-old apprentice suffers
severe head injury in fall at work - assessment of past and future
economic loss for a plaintiff at the threshold of his working
career - defendant fails to serve vocational assessment report with
pre-filing defence - consideration of s 318 Workplace Injury
Management and Workers Compensation Act 1998 (NSW) - no evidence
led as to whether vocational assessment evidence "not
reasonably available" - defendant's vocational assessment
report excluded. More...
Oliver v Pool Safety Council [2014] QCAT
276
Where disciplinary decision made against pool safety inspector
– whether grounds for disciplinary action – where a
pool safety inspector adopted an innovative solution – where
internal corralling was approved – whether an incorrect
interpretation of regulatory provisions is grounds for disciplinary
action –whether pool safety inspector acted below a proper
standard of conduct – where pool safety inspector was found
to have acted with care and diligence. Skomba & Ors v
Maroochy Shire Council [2005] QPEC 001. More...
Kemp Meats Pty Ltd v Tompkins [2014] QCA
162
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE
– QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT
INDEMNITY CERTIFICATE – WHEN REFUSED – where the
appellant was the defendant in a personal injuries action –
where the appellant failed in its appeal on liability but succeeded
in respect of quantum – whether, given the mixed result, any
order should be made in respect of the costs of the appeal
–where the respondent applied for an indemnity certificate
under s 15(1) of theAppeal Costs Fund Act 1973 on the
basis that the trial judge made errors of law – where the
respondent supported the trial judge's fundamental error in
calculating damages – whether an indemnity certificate should
be granted. More...
East v AWMA Pty Ltd & Anor (No 2) [2014]
VCC 1082
Serious injury – plaintiff injured in specific incident
– injury to lumbar spine – plaintiff involved in manual
work prior to injury – pecuniary loss consequences –
limited opportunities for retraining or alternative employment
– leave sought in respect of pecuniary loss and pain and
suffering – leave granted. Legislation Cited: Accident
Compensation Act 1985. Judgment: Leave granted to the
plaintiff to bring proceedings for loss of earning capacity and
pain and suffering damages. More...
Dallarooma Pty Ltd t/as CDB Chauffeured Transport v
Hyam [2014] ACTCA 22
NEGLIGENCE – whether appellant operator of transport vehicle
business liable in negligence for respondent's personal
injuries under Civil Law (Wrongs) Act 2002 (ACT) –
where respondent passenger's clothing caught on lever in
passenger vehicle when alighting causing her to fall –
whether appellant commercial transport business operator negligent
in failing to create system of inspection for safety risks in its
passenger vehicles – whether appellant had duty of care to
ensure that its vehicles in such condition that passengers able to
enter and alight with reasonable safety from risk of personal
injury. More...
Lim v Toyota Motor Corporation Australia [2014]
VCC 963
Serious injury – injury to dominant right shoulder in the
course of employment over time – subsequent development of
psychiatric condition – application in respect of paragraphs
(a) and (c) of the serious injury definition – consequences
flowing from each injury – disentanglement – leave
granted in respect of both pecuniary loss and pain and suffering.
Judgment: Leave granted to bring proceedings for pecuniary loss and
pain and suffering damages. More...
Legislation
Commonwealth
Marine Order 35 (Additional safety measures for bulk
carriers) 2014
AMSA MO 2014/13 - This order gives effect to Chapter XII of SOLAS,
which provides structural, stability and other requirements for
bulk carriers supplementing those mentioned in other chapters of
SOLAS. Registered 18 July 2014. More...
Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014
Senate Education and Employment Legislation Committee report on the Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 [Provisions], tabled 8 July 2014 to the Senate. More...
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.