In the media
Poor guarding on gizzard machine costs processor
$60,000
Inadequate guarding that led to a worker severely
injuring her arm has cost a major chicken processor dearly. Turi
Foods Pty Ltd, which trades as La Ionica Poultry, was convicted and
fined $60,000 in Heidelberg Magistrates' last week and ordered
to pay $3895 in costs (22 October 2015).
More...
SunRice faces court over worker death at mill near
Echuca in northern Victoria
WorkSafe Victoria has launched court action against
SunRice over the death of a worker at a mill near Echuca in
northern Victoria. The company, trading under the name SunRice, is
charged with failing to provide a safe working environment, as well
as failing to provide or maintain a safe plant without health risks
(21 October 2015).
More...
Pearling company Paspaley admits workplace safety
breach
One of Australia's leading pearl companies has been
fined $60,000 for failing to provide a safe workplace, following an
investigation prompted by the death of a young diver (20 October
2015).
More...
Infinity cable recall: Homeowners risk lives by refusing
inspections of dangerous electrical cables
Some homeowners are prioritising money and clean records
over their lives by refusing inspections of their homes for
recalled Infinity cables that may soon cause fires and
electrocutions (19 October 2015).
More...
ACT firefighters to participate in post-traumatic stress
disorder study
A study into the mental wellbeing of Canberra's
firefighters will look at how to reduce the impact of
post-traumatic stress disorder (PTSD). The three-year study
conducted by the University of Melbourne will investigate how shift
work and regular exposure to trauma increases stress in those
fighting fires in the ACT (20 October 2015).
More...
Illegal dumping increasing in NSW
Unions NSW is calling for a construction industry-funded
scheme to remove asbestos from buildings across the state in order
to prevent further disease and illegal dumping of the deadly
material (19 October 2015).
More...
Labour Hire Inquiry Discussion Paper Released
Minister for Industrial Relations Natalie Hutchins has
today welcomed the release of a discussion paper on the labour hire
industry and the rate of insecure work in Victoria calling for
submissions related to the terms of reference from interested
parties (16 October 2015).
More...
ACCC puts electricians and builders on notice that they
must replace unsafe Infinity cables
Tests have shown that the cable may become prematurely
brittle from 2016 onwards, which could cause fires or electric
shock if the cables are then disturbed. Electricians and builders
have an obligation to inform the home owners and businesses where
they worked that their electrical installations are unsafe and
non-compliant (19 October 2015).
More...
Lloyd's report details emerging liability risk
Chris Mackinnon, Lloyd's general representative in
Australia, told Insurance Business that the report is of particular
interest to Australian businesses as the country was one of the
worst affected by asbestos claims and new cases of asbestos-related
illness are continuing to rise (19 October 2015).
More...
Australian public servant receives compensation for
stroke suffered in hotel room shower
A federal public servant has won compensation after having
a stroke in the shower, after a tribunal decided he 'was
engaged in actual work'. The AAT set aside a previous
Comcare decision which had found Stephen Garrett's stroke had
not happened out of or in the course of his employment (19 October
2015).
More...
The Sydney suburbs serving as a dumping ground for
asbestos waste
Sydney's fringes are serving as a dumping ground for
asbestos waste as unscrupulous builders and renovators seek to
avoid costly and labour-intensive legal disposal. Asbestos makes up
only eight per cent of illegally dumped waste across NSW, according
to the EPA, but it was the most difficult to clean up due to the
high cost and health and safety implications (18 October 2015).
More...
Inexperienced workers and cost pressures factors in mine
death increase, safety inspector says
An influx of inexperienced mine workers is partly to blame
for increased workplace fatalities in the West Australian resources
industry, according to a State Government mine safety inspector (14
October 2015).
More...
NRL sanctions Sandor Earl
The Australian Sports Anti-Doping Authority (ASADA) today
welcomed the decision of the National Rugby League (NRL) to impose
a four-year sporting ban on player, Sandor Earl for the use,
possession, trafficking and attempted trafficking of multiple
prohibited substances (14 October 2015).
More...
Sexual harassment entrenched in academia, says
physicist
Sexual harassment in academia is so entrenched that on
multiple occasions Melbourne University physicist Katie Mack has
warned students to avoid known perpetrators before they attended
conferences, applied for graduate positions or visited departments
(13 October 2015). More...
Federal public servants warned of acoustic shock while
using phones
Federal public servants working on telephones are being
told by their union they are at risk of serious injury and to be
careful of permanent hearing loss (13 October 2015). More...
FWBC to support industry to achieve compliance with new
drug & alcohol testing policy
On Friday 16 October 2015, the new fitness for work
amendments to the Building Code 2013 commence for all building
contractors covered by the Building Code (13 October 2015).
More...
Working holiday ends in tragedy
A Victorian dairy company has been fined $40,000
following the death of farm worker on a working holiday from the
UK. Although the cause of the fatal incident wasn't alleged to
be faulty brakes and the failure to wear a helmet, such failings
were in breach of the Victorian Occupational Health and Safety Act
2004 (13 October 2015).
More...
New NZ safety laws almost a reality
Significant changes to New Zealand's safety laws will
take effect in April next year, following the passage of the Health
and Safety Reform Bill through the New Zealand Parliament. The laws
are based on the Model Work Health and Safety laws in Australia and
will be called the Health and Safety at Work Act (13 October
2015). More...
Published – articles, papers, reports
SafeWork Australia
Quad bike fatalities 2015 quad bike fatalities as at 16
October 2015.
More...
SafeWork Australia: Guidance for managing risks of
exposure to diesel exhaust in the workplace
Safe Work Australia released guidance material today to
help workplaces manage the risks of exposure to diesel exhaust.
Approximately 1.2 million Australian workers were exposed to diesel
exhaust in the workplace in 2011 (22 October 2015).
More...
More...
VIC: Safety Soapbox
In the October 15 edition of WorkSafe's Safety
Soapbox, Ashley Bracken from WorkSafe's Construction Program
reminds readers about ensuring site structures can resist high
winds, following the number of wind incidents reported in this
edition's list of reported incidents. There were 55 Reported
Incidents in the construction, utility, quarrying and mining
industries from 24 September - 7 October 2015. More...
In practice and courts
FWBC: fitness for work amendments to the Building Code
2013 commences 16 October
Initially, FWBC will focus on assisting industry through
education, providing information and helping contractors to
understand the implications of the policy. FWBC will not commence
the third stage until after 1 February 2016. This will give
contractors adequate time to put in place Code compliant
arrangements. More...
Draft ISO 45001 international occupational health and
safety systems management standard
The global safety standard is ready for public
consultation, October 2015. Developed by ISO's technical
committee, including representatives from ISO and the International
Labour Organization (ILO), the final version of ISO 45001 is due to
be published in October 2016.
More... More...
NSW WorkCover: Working with electrical conduits
This safety alert reminds workers of the dangers involved
in cutting conduits that contain or are located near electrical
circuits (22 October 2015).
More...
NSW WorkCover: Working with drilling rigs
This safety alert highlights the hazards associated with
drilling rigs and the action required to manage these hazards (22
October 2015).
More...
NSW WorkCover: Forklift safety warning
Minister for Innovation and Better Regulation Victor
Dominello today issued a strong warning about working safely around
forklifts (22 October 2015).
More...
Change in Pool Safety Rules
Queensland's pool safety laws have been progressively
introduced since 2009 and apply to all new and existing pools. As
from 1 December 2015, there will only be one pool safety standard
for all regulated pools. More...
QLD: Explosives information bulletin No 51: Approved
transport authority holders of low risk loads of explosives
Covers Explosives storage or transport (13 October
2015).
More...
QLD: Mines safety alert No: 318 Mobile mixing unit
explosives truck rollover
Covers Explosives storage or transport; Transporting
materials; Vehicle collision or failure (12 October 2015).
More...
WorkCover Queensland
Get serious about a healthy workplace (16 October
2015).
More...
Safety Standards
AS 5400:2015
Standards Australia
Tow trucks - Tilt, slide and underlift vehicles. More...
AS 4428.16:2015
Standards Australia
Fire detection and alarm systems - Emergency warning control and
indicating equipment. More...
ASEA: 2nd International Asbestos Conference
2015
The conference will this year be held at the Brisbane
Convention and Exhibition Centre in South Brisbane, 22-24 November
2015. More...
Consultations
National Transport Commission discussion paper on
fatigue
The NTC is looking to develop its knowledge of fatigue
issues in the Australian heavy vehicle industry, and is calling for
public submissions on ways to collect new data. The commission
released a
discussion paper on Friday, and is hoping to build a
comprehensive framework for fatigue data. Submissions based on the
discussion paper will be accepted up until October 16.
Cases
Kirby v JKC Australia LNG Pty Ltd (No
2) [2015] FCA 1113
INDUSTRIAL LAW – right of entry permits under Pt 7
of the Work Health and Safety (National Uniform Legislation)
Act 2011 (NT) – interlocutory application for injunction
restraining workplace from refusing entry to permit holders –
whether "relevant worker" must be present at the time
entry is sought – whether entry can be refused by reason of
an assertion of rectification of suspected contravention.
Fair Work Act 2009 (Cth) ss 505, 512; Work Health and
Safety (National Uniform Legislation) Act 2011 (NT) ss 8, 116,
117, 118,134. More...
Barnes and Civil Aviation Safety Authority [2015] AATA
797
The Tribunal decides that; although the period for which
the class 2 medical certificate was in force expired on 11 August
2015, the application for review is not, on the evidence available
at this stage of the proceeding. AVIATION – PRACTICE
AND PROCEDURE - JURISDICTION – refusal to extend period for
which medical certificate in force – whether refusal to
extend a variation of an authorisation – jurisdiction.
PRACTICE AND PROCEDURE – STAY OF OPERATION OF DECISION
– limits of power to order stay – do not extend to
powers given to Tribunal after reviewing merits of decision on
substantive application, Civil Aviation Safety Regulations
1998. More...
Nash v Daracon Mining Pty Ltd
[2015] NSWIC 14
The defendant is fined the sum of $80,000 with a moiety to
the prosecutor. OCCUPATIONAL HEALTH AND SAFETY —
prosecution under s 8(2) of the Occupational Health and Safety
Act 2000 — plea of guilty – sentencing —
fatal incident – several entities involved in operating a
mine – defendant engaged in removal of reject material from
mine site for disposal — reject material loaded into trucks
by opening hydraulic gates to release it from base of storage Bin
– loading cycle involved programmable electronic control
program to facilitate correct positioning of truck when load
released – worker killed when 10 tonnes of reject material
was released onto cabin of truck — agreed statement of facts
– proceedings delayed – coronial inquiry – doubt
as to the authority of the prosecutor – victim impact
statement received and acknowledged – relevant principles
— objective features – objective seriousness of offence
– defendant failed to protect contracted drivers against risk
of being injured or killed by material falling onto them through
the roof of the cabins of their trucks during a loading cycle
— mitigating factors – safety system was in place
– risk not known or actually foreseen by defendant - risk
partially outside the control or influence of the defendant –
defendant was informed system was 'failsafe' –
inappropriate to undertake process of apportionment or assess
culpability of other entities – subjective features –
steps taken since the incident - assistance to family of deceased
worker - counselling assistance to injured workers - expression of
contrition and remorse - cooperation with investigation –
discount for plea - first offence - good industrial character
– impact of delay — penalty imposed —
moiety.
More...
Bronzewing Ammunition Pty Ltd v SafeWork New South
Wales [2015] NSWSC 1494
PROCEDURE – judgments – licences to import and
manufacture explosives cancelled - stay pending appeal –
where first appeal unsuccessful – similar arguments to be put
on further appeal - whether arguable grounds of appeal –
balance of convenience – effect of stay on business of
appellant – safety of the public – length of existing
stay – further stay granted.
More...
Worksafe Victoria decisions
Turi Foods Pty Ltd 057 142 971 14/10/2015
Guarding; Unguarded plant - Occupational Health and
Safety Act 2004 21(1)&(2)(a); Magistrates'
Court. Turi Foods Pty Ltd operates a chicken processing
facility. There was a risk of serious injury to employees from the
rotating parts in the exit chute of the giblet machine. The
defendant pleaded guilty and was, with conviction, sentenced to pay
a fine of $60,000 and to pay costs of $3,895 (Heidelberg
Magistrates' Court sitting at Melbourne). The defendant had one
previous conviction.
Dollar Sweets Company Pty Limited 006 044 159
12/10/2015
Guarding; Inexperienced employee; Unguarded plant; Failure
to provide and maintain plant; Failure to provide a safe working
environment - Occupational Health and Safety Act 2004
21(1)&(2)(a) ; Magistrates' Court. There was a risk
of serious injury to employees as the flange guard could be
removed, fully exposing the piston which remained energised. The
employee suffered amputation and de-gloving injuries to his
fingers. The defendant pleaded guilty and was, without conviction,
sentenced to pay a fine of $25,000 and to pay costs of $3,895.
Legislation
Commonwealth
Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption Amendment Notice 2015 (No. 1) — 19/10/2015.
Victoria
Bills Introduced and Second Read in the first House – 23 October 2015
Public Health and Wellbeing Amendment (Safe Access Zones) Bill.
Terrorism (Community Protection) Amendment Bill.
Transport Accident Amendment Bill.
Statutory Rules made
No. 120: Road Safety Road Rules Amendment (Lane
Filtering) Rules 2015
Date of Making: 20/10/2015 Commencement: 02/11/2015: rule
3. Not yet in operation: Rules 1-11: on 02/11/2015: rule 3
Sunset Date: 20/10/2025.
No. 121: Road Safety (General) Amendment (Lane
Filtering) Regulations 2015
Date of Making: 20/10/2015 Commencement: 02/11/2015: reg.
3 Not yet in operation: 1-11: on 02/10/2015: reg. 3 Sunset Date:
20/10/2025. More...
New South Wales
Regulations and other miscellaneous instruments
Food Regulation 2015 (2015-622) — published LW 16 October 2015.
Bills introduced Government – 16 October
Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Bill 2015.
Bills introduced Government – 23 October
Courts and Other Justice Portfolio Legislation Amendment Bill 2015.
Home Building and Duties Amendment (Loose-fill Asbestos Insulation Affected Premises) Bill 2015.
Occupational Licensing National Law Repeal Bill 2015.
Privacy and Personal Information Protection Amendment (Exemptions Consolidation) Bill 2015.
Bills passed by both Houses of Parliament – 23 October
Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Bill 2015. More...
Queensland
Bills Updated
Work Health and Safety and Other Legislation Amendment Bill
2015
Introduced on 7/05/2015 PASSED with amendment on 14/10/2015.
Jobs Queensland
Bill 2015
Introduced on 16/09/2015 Report from Committee on 20/10/2015.
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