In the media
DVA: Easier access to mental health support for
veterans
Under new arrangements, veterans and eligible current and former
members of the ADF who are diagnosed with these conditions by
vocationally registered general practitioners and clinical
psychologists will also be able to access these non-liability
health care arrangements (29 January 2015).
More...
NSW govt probes AGL fracking site
The state government has ordered an internal investigation into a
NSW mid north coast gas project after the detection of dangerous
chemicals in a water storage tank. AGL Energy has suspended
operations at the Waukivory pilot project near Gloucester until a
full review of the sample results have been completed (28 January
2015).
More...
Ship detained at Newcastle Port for safety
breach
A bulk carrier ship has been detained in Newcastle after crew
members were forced to unlash cargo while at sea. In accordance
with Australian Health and Safety law and section 94 of the
Navigation Act, cargo may only be unlashed by qualified Australian
stevedores once the ship is berthed in port, with a charge for
those services and moving the cargo (28 January 2015).
More...
Rogue truckies on notice: Increased "on road"
safety checks this year – NSW
Minister for Roads and Freight has provided a hard warning to
trucking operators who choose to flout the law that 2015 was not
the year to test the boundaries, with even more safety operations
taking to the road (28 January 2015).
More...
Australian Government delivers first stage of $1 billion
Mr Fluffy loan
The first instalment of the Australian Government's $1 billion
concessional loan to help remediate ACT homes affected by "Mr
Fluffy" loose-fill asbestos will be paid tomorrow following
the signing of the loan agreement between the Australian and ACT
governments (28 January 2015).
More...
Mr Fluffy asbestos: First loose-fill asbestos home
identified in NSW Government testing program
The first house to test positive for potentially deadly loose-fill
asbestos as part of the NSW Government's free testing program
has been identified. The Loose Fill Asbestos Insulation Taskforce
has also been established to look at the best way of tackling the
clean up, and will its findings in May (28 January 2015).
More...
Quad bike safety warning for young
Queenslanders
Workplace Health and Safety Queensland's Agriculture Strategy
group head says that while quad bikes had become a staple of
working life on many rural properties, farmers and others in
control of rural workplaces have a responsibility to provide safe
systems of work for workers and visitors (27 January 2015).
More...
Tragedy prompts low-flying warning
An aircraft accident that resulted in the fatality of a child
passenger is a reminder to all pilots about the dangers of
unauthorised and unnecessary low-level flying, according to the
ATSB. A copy of the investigation report (
AO-2014-068) into this accident is available on the ATSB
website. Low-level flying is one of the ATSB's top safety
concerns for general aviation pilots (29 January 2015).
More...
Public input sought on options to improve heavy vehicle
roadworthiness
The National Transport Commission (NTC)has released four packages
of options designed to improve the roadworthiness of the heavy
vehicles that use Australia's road networks. The latest
statistics showed that 213 Australians died in crashes involving
heavy vehicles in the past 12 months (27 January 2015).
More...
Latest statistics disturb Victorian industry
organisation
The Victorian Transport Association (VTA) has responded with
concern at its state's disappoint recent showing in fatal truck
crash results. VTA CEO notes the general downward trend is
promising but says any increase must be tackled at several levels
(28 January 2015).
More...
Worksafe Restored Because Workplace Safety Matters in
Victoria
The Minister for Finance announces that Victorian WorkCover
Authority will immediately return to the WorkSafe banner. Since it
was launched in 2001, WorkSafe has made its mark through powerful
awareness and advertising campaigns and highly-visible presence of
Inspectors who make over 40,000 workplace visits every year (23
January 2015).
More...
Urgent steps to fix mine fire safety and keep valley
safe
Premier Daniel Andrews joined Minister for Resources to announce
that there are new requirements for mine operators to carry out
risk assessments and develop fire management plans that will be
fast tracked (23 January 2015).
More...
CFMEU official allegedly directed work to stop on $163m
Barangaroo site
CFMEU official Luke Collier is facing court after he allegedly
directed work to stop at a $163 million Barangaroo project. FWBC
also claims Mr Collier refused to obey occupational health and
safety laws on site while conducting a right of entry visit (21
January 2015).
More...
Australia Post worker's back pain not result of
'sneezing fit', tribunal rules
Australia Post attempted to argue a worker's back pain was not
caused by hours of overtime spent lifting heavy mail trays, but
instead by a "sneezing fit" he'd had while driving.
But the company failed to convince the AAT that the worsening of
the employee's existing spinal condition was not work-related,
and is liable to pay compensation (21 January 2015).
More...
Cancer cluster led to 16 deaths at Fiskville CFA
training centre
Exposure to chemicals and contaminated water at the Country Fire
Authority training centre in Fiskville contributed to higher rates
of cancer and 16 deaths, a study has found. When compared to the
Victorian population there was found to be a significantly higher
risk of cancer for full-time workers at the site (21 January 2015).
More...
UK: TUC feature on fracking and worker health The UK's peak union council, the TUC has released a briefing paper - Fracking and workers' health and safety - on health and safety issues relating to hydraulic fracking for shale gas. It says that while many are the same as for any gas extraction, there are key differences. For example, both in Australia and in the UK, most gas extraction has been off-shore while it is likely that most fracking will be on land (January 2015).
Another quad bike fatality
The VTHC questions how many more quad bike fatalities have to
occur before regulatory action is taken. While local police issued
a warning to parents to ensure that helmets and protective gear are
worn, the reality is that these bikes are extremely dangerous and
children should not be riding them at all (20 January 2015).
More...
Push for remote-area phones
The Transport Workers Union wants employers to provide all workers
travelling to remote areas with a satellite phone and emergency
positioning beacon, saying lessons have not been learnt from past
tragedies. Current laws that required companies to supply workers
who operated alone with an "up-to-date" means of
communication in case of an emergency are considered too ambiguous
(20 January 2015).
More...
Father of truck driver who died in remote WA calls for
drivers to carry emergency equipment
A truck driver's death has raised questions about the safety
equipment given to truckies driving in remote regions. Under
current laws, employees who work in isolated areas must be provided
with a means of communication to get help in the event of an
emergency. But the law does not specify what sort of equipment
should be used (23 January 2015).
More...
BITRE: Fatal crashes improvement hits speed
bump
A period of reduction in articulated vehicle fatalities failed to
be sustained last year, the latest the Bureau of Infrastructure,
Transport and Regional Economics figures show. The rolling
quarterly statistics for July to September last year show fatal
articulated truck crashes rose 13 per cent for the 12 months to
September (22 January 2015).
More...
More...
MSR Transport cops $100,000 whack for 18 counts of
overloading
The South Australia Department of Planning, Transport and
Infrastructure (DPTI) has welcomed a $100,000 fine imposed against
a Hamley Bridge-based transport company that was found to have
repeatedly overloaded a B-double during the 2011/2012 grain harvest
(20 January 2015).
More...
Queanbeyan Council offers Mr Fluffy asbestos checks for
prospective homebuyers
The New South Wales Government is looking at laws to force vendors
to tell buyers if their house had loose-fill asbestos insulation
installed in the roof. The mandatory disclosure rule would be part
of a suite of measures designed to deal with the toxic Mr Fluffy
legacy in NSW (19 January 2015).
More...
Published – articles, papers, reports
Fiskville Firefighters' Health Study
Department of Epidemiology and Preventive Medicine; Monash
University
Workers were exposed to flammable chemicals, foams and recycled
firewater, had high rates of melanoma and testicular cancer. But
the report said the mortality rate for the entire cohort was
smaller when compared to the rest of the Australian population,
which could be due to the healthy worker effect (January 2015).
More...
SafeWork Australia: Quad bike fatalities
2015
Since 1 January 2015, there has been two quad bike fatalities, one
in Tasmania and one in New South Wales. In 2014, fifteen people
were killed in quad bike related incidents. Nine of these deaths
were the result of a roll over. There were 21 quad bike related
fatalities in 2013, 19 in 2012 and 20 fatalities in 2011.
More...
ATSB: Aviation Short Investigation Bulletin - Issue
38
The Aviation Short Investigation Bulletin covers a range of the
ATSB's short investigations and highlights valuable safety
lessons for pilots, operators and safety managers (27 January
2015). More...
In practice and courts
Heavy Vehicle Roadworthiness Program: Consultation
Regulatory Impact Statement
National Transport Commission (NTC), released January 2015
Interested parties should consider the document and respond before
March 25. After stakeholder consultation, the NTC will present its
final recommendations to the country's transport ministers in
July.
More...
Recalls
Paul Feeney Group—Extracell Charger by Elcart - 28th January 2015.
Mitre 10 Australia Pty Ltd—MiPro 1.8 Metre Dual Purpose Aluminium Ladder - 27th January 2015.
Tabcorp Holdings Limited—M Spa Lite Inflatable Spa - 27th January 2015.
Masters Home Improvements Pty Ltd—Task Force Heavy-Duty Recovery Strap - 22nd January 2015.
Nissan Motor Co. (Australia) Pty Ltd—Nissan J10 Dualis and J10 Dualis+2 - 19th January 2015.
Mercedes-Benz Australia/Pacific Pty Ltd—Mercedes-Benz U400 and U500 - 19th January 2015.
Explosives Security Alert 17 - Poor explosives stock
control (unaccounted for explosives)
During a monthly stock take at an explosives magazine, it was
identified that a quantity of explosives was unaccounted for.
Initial investigations indicated the explosives may have been
incorrectly loaded with a quantity of explosives to be transported
offsite for destruction (27 January 2015).
More...
NSW WorkCover: Risk of falls when using tower cranes:
Safety alert
This safety alert was developed by WorkCover NSW, Master Builders
Association and the Construction, Forestry, Mining and Energy Union
to provide guidance to designers, manufacturers, suppliers,
installers, operators, and persons with control of sites on how to
minimise the risk of falls when using tower cranes (released 21
January 2015).
More...
Australian Radiation Incident Register
(ARIR)
Summary of radiation incidents reported to the ARIR in 2013 (16
January 2015).
More....
FSANZ: Consultation on proposed approach to next stage
of a review on micro limits
FSANZ has released a consultation paper on the proposed approach
to the next phase of a review of microbiological limits in the
Food Standards Code. The aim of the review was to ensure the
limits are practical and clear for both industry and enforcement
agencies and consistent with contemporary practices. The closing
date for submissions is 27 February 2015 (January 2015).
More...
Weekly Update - Independent Investigation into
Loose-Fill Asbestos
A licensed asbestos assessor can advise on whether living spaces
are well sealed and asbestos hazards are appropriately controlled.
More...
More...
Cases
Ermel v Duluxgroup (Australia) Pty Ltd (No 2)
[2015] FCA 17
INDUSTRIAL LAW – whether applicant dismissed because of
temporary absence due to illness in contravention of s 352 of the
Fair Work Act 2009 (Cth) (FW Act) – whether adverse
action taken against the applicant in contravention of s 340 of the
FW Act because the applicant exercised various workplace rights
– whether s 21 of the Occupational Health and Safety Act
2004 (Vic) conferred a "workplace right" upon the
applicant – whether the making of complaints was an operative
factor in the decision to dismiss the applicant – whether the
applicant's absence from work due to illness was an operative
factor in the decision to dismiss him – whether a
contravention of s 352 of the FW Act, and of s 340(1) in
combination with s 97(a) of the FW Act, requires satisfaction that
a reason for the adverse action (or dismissal) was the
employee's absence due to illness, or whether absence per se is
a sufficient reason – whether Jones v Dunkel
inference should be drawn by respondent's failure to call
witness to corroborate direct testimony from decision-maker –
application dismissed. Occupational Health and Safety Act
2004 (Vic) s 21; Workplace Relations Act 1996 (Cth)
ss 170CK(2)(a), 659(2)(a). More...
Ellery v Sunsail (Australia) Pty Ltd [2014] QDC
285
TORTS – NEGLIGENCE – DANGEROUS PREMISES –
INJURIES TO PERSONS ENTERING PREMISES – where plaintiff
stepped backwards and fell down steps on chartered catamaran
– whether injuries caused by negligence of defendant. More...
Legislation
Victoria
Statutory Rules
No. 1: Road Safety (Drivers) and (General) Amendment
(Alcohol Interlocks) Amendment Regulations 2015
Date of Making: 20/01/2015 Commencement: 20/01/2015 Not yet in
operation: N/A Sunset Date: 20/01/2025.
Radiation Regulations 2007 (SR 89/2007) and Radiation
Act 2005 (Act 62/2005)
Amended By [Draft] Radiation Amendment Regulations.
Victoria Government Gazette No. S 16 28 January 2015 -
Subordinate Legislation Act 1994 - Proposed Radiation Amendment
Regulations
Proposed Specification of Security Standards; Proposed
Specification of Additional Matters to be Included in: Security
Plans and Transport Security Plans; Proposed Guidelines for the
Verification of Identity and Notice that a Regulatory Impact
Statement has been prepared in relation to the proposed
Radiation.
Amendment Regulations and three legislative instruments, the proposed specification of security standards; the proposed specification of additional matters to be included in security plans and transport security plans; and the proposed guidelines for the verification of identity. 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.