In the media
Spray painting firm fined $25,000 after vacuum cleaner
triggers explosion
A Wodonga spray painting company has been convicted and fined
$25,000 after a vacuum cleaner being used to clean up flammable
liquid triggered an explosion in a confined space and burned a
worker (03 November 2017).
More...
A company and its director face charges for worker death
at Yatala
Charges have been laid against Oil Tech International Pty Ltd and
company director Michael Joseph Reid in relation to the death of
worker Matthew Adam O'Brien at a waste recycling facility in
Yatala on 5 November 2015. As a Category 1 offence involving
reckless conduct, Reid faces a maximum five years' imprisonment
or a fine of $600,000, while the company could be liable for fines
of up to $3m (27 October 2017).
More...
New strategy to support small business
A new strategy will help make it easier for small businesses to
meet their work health and safety (WHS) and
workers compensation obligations, and get on with running their
business (27 October 2017).
More...
State Government launches plan to help keep NSW farmers
safe
Farmers will be safer in the workplace under a new state government
plan to drive down injuries and fatalities in the NSW agriculture
sector (27 October 2017).
More...
NHVR invites heavy vehicle safety project
submissions
The National Heavy Vehicle Regulator (NHVR) is
inviting submissions for the next round of federal government
funding to support industry-led safety projects (26 October 2017).
More...
Australian workplaces failing workers with
'superficial' mental health policies
Australian businesses and their managers are failing employees when
it comes to adequately addressing mental health and wellbeing
issues, a new survey found (26 October 2017).
More...
Worker killed by exploding wheel and tyre
A worker was killed in October 2017 after being struck in the face
by an exploding wheel and tyre. Initial inquiries indicate that the
worker attempted to weld up a small leak in the truck wheel, whilst
the tyre was still pressurized (26 October 2017).
More...
Changing workplace culture for better mental
health
Despite the current spotlight on mental health and the impacts of
mental illness in the workplace, icare Workers Insurance Group
Executive, John Nagle, questions the extent to which employers are
driving much needed change in workplace culture (26 October 2017).
More...
More inspectors hit the beat to keep Victorians safe at
work
Following an intensive 14-week training course, WorkSafe's
latest group of inspector and investigator graduates have hit the
beat to begin the task of keeping Victorian workers safe. The new
recruits will be based in Melbourne, Geelong, Ballarat, Shepparton
and Wangaratta (25 October 2017).
More...
NSW Government launches plan to protect workers from
dangerous workplace chemicals
The NSW Government today launched a five-year project to help
protect workers against injuries and diseases from dangerous
chemicals in the workplace. Minister for Better Regulation Matt
Kean said crystalline silica and formaldehyde have been given top
priority by the government as those of greatest risk to NSW workers
(24 October 2017).
More...
$35,000 fine after member of the public trapped in
hole
A civil construction company which failed to provide adequate site
security at a housing subdivision site in Pakenham has been fined
$35,000 after a member of the public on a late-night walk was
injured after falling into a hole on the site and becoming trapped
(24 October 2017).
More...
NSW workplaces warned about dodgy breathing
apparatus
Minister for Better Regulation Matt Kean has today issued a warning
to NSW workplaces about an emergency escape breathing device
(EEBD), due to serious safety concerns. EEBDs
provide wearers with a short-term supply of oxygen so they can
escape situations where the air has been contaminated by gas, smoke
or chemicals (20 October 2017).
More...
Authorities defend not prosecuting over Canberra bridge
collapse
The ACT Government says it did not pursue prosecuting those
responsible for a 2010 bridge collapse that hospitalised nine
workers because its resources were diverted to more serious cases
(20 October 2017).
More...
Published – articles, papers, reports
NHVR On the Road, Issue 21, 23 October 2017
On the Road provides important information on the heavy vehicle
industry, including the latest NHVR news and events, relevant law
and policy changes, and resources to help industry members comply
with the HVNL.
In practice and courts
NHVR: Funding boost for heavy vehicle safety
projects
The National Heavy Vehicle Regulator (NHVR) is
calling for submissions for the next round of Australian
Government.
More...
Victoria
WorkSafe Victoria: Safety Soapbox
Safety Soapbox issue for 3 November 2017.
NSW
Consultation @ Work Conference
If you are a Health and Safety Representative
(HSR), HSR training provider, an employer or a
worker, you are invited to attend SafeWork's free Consultation
@ Work Conference. This is the first time SafeWork NSW has held
this conference. Places are limited (25 October 2017).
More...
Queensland
Safety alert: Removal of unsafe emergency escape
breathing devices from vehicles and workplaces
This safety alert advises workplaces and the transport industry
that the HFZY30 EEBD self-rescue respirator does not meet
Australian Standard 'AS/NZS 1716 Respiratory protection
devices' requirements and should be removed immediately from
all workplaces, including from road transport vehicles (19 October
2017).
More...
WorkSafe Queensland eSAFE – 27 October
2017
In this edition: Queensland Government seeks new offence of
industrial manslaughter; Supply chain and subcontractor safety
masterclass; Safe Work Month event tickets and sponsorships
available; Poor machine guarding amputations lead to hefty fines;
Expert group to shape state's safety leadership and culture;
Time's up to renew your WorkCover insurance policy; and much
more.
More...
Cases
SafeWork NSW v Harris Holdings NSW Pty Ltd; SafeWork NSW v
Harry Zizikas
[2017] NSWDC 299
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. SENTENCING PRINCIPLES – totality
– remorse – contrition – appropriate penalty.
COSTS – prosecution costs.
SafeWork NSW v Freyssinet Australia Pty Ltd
[2017] NSWDC 290
CRIMINAL LAW – work health and safety – construction
site – head contractor – defendant one of several
sub-contractors – numerous workers on site – injured
person employed by defendant fell from stairway – stairway
and access used by all workers – responsibility for stairway
– adequacy of edge protection on stairway – whether
risk existed and was foreseeable – reasonably practicable
measures available to the defendant.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Recoat Smash Repairs Pty Ltd 104 089 554
01/11/2017 Burns; Confined spaces; Dangerous goods; Explosion.
Occupational Health and Safety Act 2004 21(1)&(2)(a);
Wodonga Magistrates Court.
DFC Packaging (Sleeves) Pty Ltd 088 253
212
30/10/2017 Guarding; Unguarded plant; Failure to provide and
maintain plant; Plant. Occupational Health and Safety Act
2004 21(1)&(2)(a); Dandenong Magistrates' Court.
The Greater Geelong City Council
30/10/2017
Failure to provide a safe system of work; Falls/work at height
offences; Inexperienced employee; Failure to provide a safe working
environment; Failure to provide a safe workplace; Failure to
provide and maintain a passive fall protection device.
Occupational Health and Safety Act 2004 21(1)&(2)(a);
Geelong Magistrates Court.
Wodonga Rendering Pty Ltd 074 885 457
25/10/2017 Failure to provide information, instruction, training or
supervision; Failure to provide and maintain plant; Failure to
provide a safe working environment. Occupational Health and
Safety Act 2004 21(1)&(2)(a); 21(1)&(2)(e); Wodonga
Magistrates' Court.
Pinnacle Bakery & Integrated Ingredients Pty Ltd 161
203 005
24/10/2017 Crush injuries; Failure to conduct a risk/hazard
assessment; Failure to conduct a risk/hazard identification;
Failure to provide a safe system of work; Failure to provide
information, instruction, training or supervision; Guarding.
Occupational Health and Safety Act 2004 21(1)&(2)(a);
21(1)&(2)(e); Melbourne Magistrates' Court.
Legislation
Commonwealth
Regulation
Agricultural
and Veterinary Chemicals Legislation Amendment (Operational
Efficiency) Bill 2017
25/10/2017 - A Bill for an Act to amend the law relating to
agricultural and veterinary chemicals, annual; return and record
keeping.
Queensland
Subordinate legislation as made
No 225:
Proclamation—Work Health and Safety and Other Legislation
Amendment Act 2017
27 October 2017 - By proclamation, the provisions of the Work
Health and Safety and Other Legislation Amendment Act relating to
dispute resolution and right of entry, as listed in the schedule to
the proclamation, will commence on 13 November 2017.
Bills
Work Health and Safety and Other Legislation Amendment Bill
2017
Introduced by: Hon G Grace MP on 22/08/2017 Stage reached: Passed
with amendment on 12/10/2017. Assent Date: 23/10/2017 Act No. 38 of
2017 Commences: see Act for details.
In October 2016 the Government announced a best practice review of
work health and safety laws as a result of fatalities at Dreamworld
and Eagle Farm. As a result of the Review, the Bill introduces a
number of amendments including the introduction of an offence of
industrial manslaughter and establishing an independent statutory
office for work health and safety prosecutions.
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.