In the media
NHVR to fast-track safety management system tools
The NHVR will fast-track safety tools and an education
campaign to assist heavy vehicle operators implement Safety
Management Systems. The NHVR will release a range of guidance and
support tools in the coming months to assist heavy vehicle
operators to improve safety and also help them meet new Chain of
Responsibility laws, which will be introduced in mid 2018 (17
January 2018).
More...
Automotive mechanic run over by vehicle
On 9 January 2018, a worker was run over by a vehicle
while servicing it on sloping ground. Early investigations indicate
the worker was underneath the vehicle while the driver was sitting
in the cab with the engine running. Information on preventing
similar incidents involving heavy vehicles and trailers hitting or
crushing workers is available from the safety alert listed
here (17 January 2018).
Legislative Activity for Queensland in 2017: Key Acts in
Crime, Environment and Workplace Safety
In 2017, the Queensland Parliament passed a total of 44
Acts, with many of the key Acts focussing on criminal legislation
reform, child protection, environmental issues and workplace issues
(16 January 2018). More...
Government cracks down on dangerous use of gas
appliances in NSW restaurants
The Government is cracking down on dodgy operators using
portable gas appliances dangerously in NSW restaurants, Minister
for Better Regulation Matt Kean said. Mr Kean said a recent
SafeWork NSW blitz of restaurants, cafes and bakeries found an
alarming rate of workplaces were using portable gas appliances
unsafely (23 December 2017).
More...
'Toxic' hospital culture left staffer
'suicidal'
Staff at a south-west Victorian hospital, at the centre
of a damning review into workplace culture, say they were forced to
seek psychiatric treatment and considered suicide at the height of
"systemic" bullying allegations (22 December 2017).
More...
Charges over Antarctica fatality
The Department of the Environment and Energy and a
helicopter contractor have been charged with breaching federal work
health and safety laws in relation to a fatality in Antarctica (21
December 2017).
More...
Worker's foot amputated after being crushed by
crane
A silo manufacturing company in Rochester has been fined
$30,000 after a mobile crane ran over an employee's leg and
crushed his foot, which later had to be amputated (21 December
2017).
More...
Worker seriously injured after company fails to provide
training
A Roseville office fit-out company has been fined after a
worker was seriously injured unloading glass panels, Minister for
Better Regulation Matt Kean said. City Projects Pty Limited was
fined $150,000 in the Sydney District Court for failing to ensure
the health and safety of its workers (20 December 2017).
More...
Worker fatally crushed by elevating work platform
On December 2017, a 22-year-old worker was killed while
operating a boom elevating work platform (EWP) on
a construction site. Elevating work platforms are important for
working at height but there have been many serious incidents where
operators have been trapped or crushed between the basket and
overhead obstructions such as ceilings, beams, frameworks or other
fittings (20 December 2017).
More...
Gold Coast builder fined over residential construction
fall
A Gold Coast builder was fined $65,000 after a carpenter
fell three metres through a staircase well and suffered a fractured
skull. The company was fined after pleading guilty to breaching
section 19(1) of the Work Health and Safety Act 2011 for
failing to meet its workplace safety obligations. However, no
conviction was recorded (19 December 2017).
More...
New collaborative approach to overcome culture of fear
over sexual harassment in theatre
The Media, Entertainment & Arts Alliance will work
with all the major state theatre companies and freelance artists to
develop more effective policies for dealing with sexual harassment,
assault and bullying in live theatre in the wake of research that
almost a quarter of victims do not make a complaint because they
fear it will have repercussions for their career (18 December
2017).
More...
Strengthening WorkSafe To Better Protect
Victorians
The Andrews Labor Government will strengthen
WorkSafe's role as the workplace safety cop on the beat,
following an independent review into the enforcement of
Victoria's health and safety laws (18 December 2017).
More...
Managers face hefty fines under new fire-safety
laws
New building fire-safety laws impose broad criminal and
civil liability in NSW on directors and senior managers in respect
of combustible cladding on buildings.
Published – articles, papers, reports
NHVR: 2018 Industry updates
On the Road, Issue 25, 18 January 2018 - NHVR newsletter
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 HVN.
In practice and courts
Comcare: The Work Health and Safety (Labelling Hazardous
Chemicals)
The Globally Harmonised System of Classification and
Labelling of Chemicals (GHS) was adopted in
Australia under the model work health and safety laws in 2012 with
a five year transition period. This transition expired in the
federal jurisdiction on 31 December 2016 (22 December 2017).
More...
Victoria
Independent Review of Occupational Health and Safety
Compliance and Enforcement in Victoria
The Independent Review Report made 22 recommendations
that focussed on WorkSafe's: compliance and enforcement
framework; approach to planning and targeting; provision of
information and support; and approach to collaboration and
engagement (18 December 2017).
More...
More...
Worksafe Victoria: Safety Soapbox Newsletter
Safety Soapbox 15 December 2017
New South Wales
SafeWork NSW: Unpacking glass sheets
This safety alert reminds people who handle packs of
glass sheets not to rely on the packaging to support the contents
when the package is being lifted or opened. Our
Glass and glazing page has more information on hazards and
risks when working with glass (15 January 2018).
More...
SafeWork NSW launches Consultation@Work
toolkit
The Consultation@Work
toolkit provides a wealth of practical information which will
assist NSW businesses to comply with work health and safety laws
and through effective consultation ensure their businesses are
healthy, safe and more productive. One of the key deliverables from
SafeWork's Consultation@Work
strategy, the toolkit includes videos, fact sheets and other
material on consultation arrangements, work groups, case studies
and dispute resolution, as well as targeted information for health
and safety representatives (12 January 2018).
More...
SafeWork NSW: Audiometric testing exemption
SafeWork NSW has issued a further one year exemption for
the audiometric testing requirements of
clause 58(2) of the Work Health and Safety Regulation
2017 (the Reg). The new exemption will
apply for the period 1 January 2018 – 31 December 2018. The
exemption has been granted because a national review of the model
WHS legislation is due to commence in February 2018, which could
result in changes to the WHS Act and/or WHS Reg – including
Clause 58 Audiometric testing. Please visit the NSW
Government Gazettes 2001-2017 for the latest exemption (22
December 2017).
New code of practice for managing risks in
stevedoring
A code of practice, 'Managing risks in
stevedoring', has been developed by Safe Work Australia to
address the high rate of accidents and injuries in the stevedoring
industry, where the rate of serious incidents is more than three
times the average rate of all industries. The code
of practice commenced in NSW on 15 December 2017.
More...
Queensland
WorkCover Queensland: Newsletter
eSAFE - December 2017 18 December 2017.
WorkCover Queensland: Regulation of the labour hire
industry in Queensland
Queensland will establish a mandatory labour hire
licensing scheme from 16 April 2018 to protect labour hire workers
and safeguard labour hire providers that are ethical and
responsible.
Find out more,
read the frequently asked questions, or
register for updates on the development of the scheme and
subordinate legislation (10 January 2018).
More...
WorkCover Queensland: Beware of electrical dangers when
entering a ceiling space
As part of our response to this issue, we completed 600
mid-construction assessments of ceiling space electrical wiring
installations to check if they were compliant with the Wiring Rules
(AS/NZS 3000) before they were energised (20 December 2017).
More...
Cases
Growthbuilt Pty Ltd v SafeWork NSW
[2018] NSWIRComm 1002
INDUSTRIAL LAW – New South Wales – work
health and safety – prohibition notice - application for
external review – no decision on internal review –
decision taken to have been made - test of reasonable belief
– whether objective or subjective test – whether belief
held by inspector was reasonable; STATUTES - acts of parliament
– interpretation; Words and Phrases – "is
occurring" - Work Health and Safety Act 2011 (NSW) s
195(1)(a).
SafeWork NSW v City Projects Pty Limited
[2017] NSWDC 364
(1) The offender is convicted. (2) Order the offender to
pay a fine of $150,000. (3) Order that 50% of the fine is to be
paid to the prosecutor. (4) Order the offender to pay the
prosecutor's costs agreed in the sum of $17,527.
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 OTHER – forklift – need
for operator to be licensed – need for risk assessment for
unloading operation.
Work Health and Safety Act 2011; Crimes (Sentencing Procedure)
Act 1999; Fines Act 1996; Work Health and Safety Regulation
2011.
SafeWork NSW v Erect Safe Scaffolding (NSW) Pty Limited
[2017] NSWDC 365
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 OTHER – forklift – need
for operator to be licensed – need for a spotter when view of
operator is obscured.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Kalafatis Packing Pty Ltd 144
731 733 11/01/2018
Failure to provide a safe system of work; Guarding;
Unguarded plant; Failure to provide and maintain plant; Failure to
provide a safe working environment; Plant. Occupational Health
and Safety Act 2004 s21(1)&(2)(a); Shepparton.
Dhillon Scaffolding Pty Ltd
144 611 227 11/01/2018
Electric shock; Failure to provide a safe workplace.
Occupational Health and Safety Act 2004 s26(1);
Broadmeadows Magistrates' Court.
Roadhouse Burgers Pty Ltd 600
767 913 10/01/2018
Failure to forward claim. Workplace Injury
Rehabilitation and Compensation Act 2013 s73(1); Melbourne
Magistrates' Court.
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.