In the media
11 falls prompts warning about working safely at
heights
WorkSafe has warned there will be consequences for not
managing the risk associated with working at heights on
construction sites following two serious incidents in less than two
weeks. A total of 11 serious falls have been reported to WorkSafe
since 1 January 2018 (14 February 2018).
More...
Regulator accepts WHS undertaking from DFSI
The NSW Resources Regulator has accepted an undertaking
from the NSW Department of Finance, Services and Innovation
(DFSI) that will improve work health and safety
standards in the stonemasonry industry. As part of the undertaking,
DFSI have committed to a range of actions with a financial
commitment of at least $498,500. This is in addition to an
estimated $500,000 already spent on works carried out at the site
following the incidents (13 February 2018).
More...
Crane fails and sends 32-tonne concrete structure
crashing
WorkSafe is making inquiries into a serious incident in
which a precast concrete structure weighing 32 tonnes fell while
being lifted by two cranes at a factory in Dandenong on Tuesday.
The serious nature of the incident has prompted WorkSafe Executive
Director of Health and Safety, Marnie Williams, to issue a warning
to employers about the importance of crane safety (09 February
2018).
More...
Company fined $200,000 after death of employee in kiln
explosion
An environmental services company has been fined $200,000
after pleading guilty in the Gladstone Magistrates Court today to
breaching the Work Health and Safety Act 2011 following
the death of worker Mark Chapelhow in 2015 (09 February 2018).
More...
Mobsters' mate votes for exploitation of most
vulnerable
Minister for Industrial Relations Natalie Hutchins
slammed the Opposition for voting against the Labour Hire
Licensing Bill 2017, which will introduce a universal
licensing scheme to protect labour hire workers. Under the new
scheme, labour hire services may only be provided by organisations
that hold a licence and be listed on a publicly accessible
register. To obtain a licence, providers will be required to pass
"a fit and proper person test" and show compliance with
workplace laws, labour hire laws, and minimum accommodation
standards (08 February 2018).
More...
Coroner blames Darwin deckhand's death on unsafe
working conditions
The NT coroner slams safety standards in the commercial
shipping industry, saying he believes dangerous working conditions
directly lead to the death of a deckhand in Darwin last year and
does not think change in the industry would be
"generational" (08 February 2018)
More...
Car repairer fined $40,000 after crush injury
A Dandenong automotive repair centre has been convicted
and fined $40,000 after a man was crushed when a car fell off an
incorrectly operated hoist. Birch Automotive Pty Ltd pleaded guilty
to two charges associated with failing to provide a safe system of
work (07 February 2018).
More...
Company fined $25,000 for unsafe scaffolding
A Ballarat construction company has been convicted and
fined $25,000 for ignoring WorkSafe directions to fix unsafe
scaffolding at a Mount Clear worksite. Myrti Pty Ltd was found
guilty in the Ballarat Magistrates' Court of two offences
relating to a failure to provide a safe workplace and a failure to
comply with a WorkSafe prohibition notice (06 February 2018).
More...
Be fire-safety aware: Campaign commences for residents
of apartment buildings with cladding
The campaign informs those who own, live or work in
affected buildings of the actions the NSW Government is taking to
ensure their safety, and the steps occupants can take to ensure
they have the information and expert advice they need to make sure
their building is safe, according to Taskforce Chair Martin Hoffman
(06 February 2018).
More...
North Sydney company fined over Strathfield man's
workplace fatality
A North Sydney company has been fined $240,000 after a
boilermaker died following an incident at a Botany industrial site,
Minister for Better Regulation Matt Kean said. Broadspectrum
(Australia) Pty Ltd pleaded guilty to failing to ensure the health
and safety of a 66-year-old Strathfield subcontractor who sustained
fatal injuries while handling steel pipe (06 February 2018).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 2 February, there have been 12 Australian workers
killed at work in 2018.
More...
NHVR: On the Road, Issue 27, 12 February 2018
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.
Office of the Federal Safety Commissioner: July to
December 2016 Biannual Data Analysis Report
The report provides an overview and analysis of data
collected from companies accredited under the Australian Government
building and construction WHS Accreditation Scheme (the
Scheme). This period saw no fatalities on Scheme
projects and the lowest number of notices issued to accredited
companies in the history of the Scheme. The report can be found on
the
Biannual Report Data Analysis page along with the previous
reporting period's analysis reports (15 February 2018).
In practice and courts
New Safety Standards
AS/NZS 60065:2018
Audio, video and similar electronic apparatus - Safety
requirements (IEC 60065:2014 (ED. 8.0) MOD) Standards
Australia.
AS/NZS 62368.1:2018
Audio/video, information and communication technology
equipment - Safety requirements (IEC 62368-1:2014 (ED. 2.0) MOD)
Standards Australia.
NTC: Updated load restraint guide now available
Drivers, operators and other participants in the
transport chain of responsibility will be able to access an
improved Load Restraint Guide and a complementary guide
specifically for light vehicles on the National Transport
Commission (NTC) website from today (05 February
2018).
More...
Victoria
Labour licensing laws pass in Victoria
The Victorian
Labour Hire Licensing Bill 2017 makes it unlawful to
provide labour-hire services without a licence, or host labour-hire
workers from an unlicensed provider. Bodies corporate or their
officers must pass a "fit and proper person" test, which
they will fail if, within the preceding five years, they have been
found by a court to have contravened a workplace law, including the
Victorian OHS Act and the Commonwealth SRC and Fair Work
Acts.
Safety Soapbox - February 2018
Access the February 9 edition of Safety Soapbox
here - the list of reported incidents can be
downloaded from the page.
WorkSafe Victoria: Prevention of falls compliance codes
now available for public comment
The proposed prevention of falls compliance codes that
align with the Occupational Health and Safety Regulations
2017 are now available for public comment. Employers,
employees, interested parties and members of the public are invited
to submit feedback from Thursday 1 February until close of business
on Tuesday 28 February 2018.
More...
WorkSafe Victoria: Compliance codes
review
Comments are now invited on the following two proposed
compliance codes (proposed codes) that align to
the Occupational Health and Safety Regulations 2017
(OHS Regulations):
Prevention of falls in general construction and
Prevention of falls in housing construction
The proposed codes include changes to streamline content and bring
then into line with the OHS Regulations. A summary of changes to
the two proposed codes can be found
here. Submissions will be accepted from 1 February 2018 to
close of business 28 February 2018.
New South Wales
SafeWork NSW: Horse safety workshops
To register for a workshop, contact the local SafeWork
office or
email. The timetable of events is listed
here (February 2018).
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. More...
Queensland
WorkCover Queensland: Worker burned in pump
room explosion
Workplace Health and Safety Queensland this week issued an
eSafe Incident Alert after a worker was burned in pump room
explosion at a waste treatment plant at the Townsville golf club.
The alert provides advice on how to prevent such incidents. In 2005
a worker was killed after an explosion in a kiln (07 February
2018).
More...
WorkCover Queensland: New snorkelling and diving Code of
Practice
A new code of practice is in effect for Queensland tourism
operators. The Recreational Diving, Recreational Technical
Diving and Snorkelling Code of Practice 2018 includes safety
measures requiring: automatic external defibrillators on reef
tourist vessels; systems in place to identify at-risk snorkelers
prior to them entering the water; floatation devices to be used by
at-risk snorkelers and at-risk snorkelers to swim in a buddy pair
(07 February 2018).
More...
More...
Spotter struck in face by winch cable | Business
Queensland
09 February 2018 | Petroleum and gas safety alert
80
Spotter struck in face by winch cable. Industry: Petroleum and gas
Subject Equipment failure or modifications.
More...
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.
More...
Cases
Australian
Building and Construction Commissioner v Construction, Forestry,
Mining and Energy Union (Castlemaine Police Station Case)
[2018]
FCAFC 15
INDUSTRIAL LAW – appeal from a judgment of the
Federal Court of Australia where certain findings of fact were made
by the trial judge in relation to the conduct of a permit holder
– where the trial judge found that the permit holder did not
"act in an improper manner" within the meaning of s500 of
the Fair Work Act 2009 (Cth) – whether the trial
judge erred at law by failing to find that the permit holder had
acted in an improper manner. Building Construction Industry
(Consequential and Transitional Provisions) Act 2016 (Cth) Sch
2 cl 19. Occupational Health and Safety Act 2004
(Vic).
Australian
Building and Construction Commissioner v Construction, Forestry,
Mining and Energy Union (The Bay Street Case) [2018]
FCA 83
INDUSTRIAL LAW – Fair Work Act 2009 (Cth)
(FW Act), ss346(b), 347, 348 – where an
officer of an industrial association identified deficiencies in the
facilities for workers at a workplace – where workers,
following a meeting with officers of the industrial association,
took industrial action when the employer did not improve the
facilities at the workplace – whether the identification of
deficiencies is to be understood as a request to improve the
facilities – whether the failure by the employer to accede to
the request of the industrial association amounted to engaging in
industrial activity under ss347(b)(iv) or 347(b)(v) for the
purposes of ss346(b) and 348 – whether refusal of an
industrial claim can be said to be a refusal to "represent or
advance the views, claims or interests" of the industrial
association for the purposes of s347(b)(v) – refusal of a
claim is an action of a different character to refusing to
"represent or advance the views, claims or interests" of
the industrial association – consideration of preferred
construction of s347(b)(iv) of the FW Act – where context and
purpose of provision suggest that ss347(b)(i)–(v) directed at
the protection of freedom of association – reference to
"lawful request ... or requirement" to be read as request
or requirement to associate in or with the industrial association
– an industrial request made by an industrial association to
an employer lacks the necessary nexus to freedom of association to
fall within the scope of s 347(b)(iv) – contrary view in
Esso Australia Pty Ltd v The Australian Workers' Union
[2015] FCA 758 and Australian Building and Construction
Commissioner v Australian Manufacturing Workers' Union (The
Australian Paper Case) [2017] FCA 167 not plainly wrong,
single judge bound to follow – elements of ss 346(b) and 348
made out against officers – liability of industrial
association established via s793.
STATUTORY INTERPRETATION – Acts Interpretation Act
1901 (Cth) s15AB – the circumstances in which reference
may be made to extrinsic materials, including an explanatory
memorandum.
Australian
Building and Construction Commissioner v Construction, Forestry,
Mining and Energy Union [2017]
FCA 197
INDUSTRIAL LAW – appeal from a judgment of the
Federal Court of Australia where certain findings of fact were made
by the trial judge in relation to the conduct of a permit holder
– where the trial judge found that the permit holder did not
"act in an improper manner" within the meaning of s500 of
the Fair Work Act 2009 (Cth) – whether the trial
judge erred at law by failing to find that the permit holder had
acted in an improper manner.
Building Construction Industry (Consequential and Transitional
Provisions) Act 2016 (Cth) Sch 2 cl 19. Federal Court of
Australia Act 1976 (Cth) ss4, 24(1). Occupational Health
and Safety Act 2004 (Vic).
Australian
Building and Construction Commissioner v Construction, Forestry,
Mining and Energy Union [2018]
FCA 42
INDUSTRIAL LAW – exercise of State or Territory OHS
rights without an entry permit – permit holder hindering or
obstructing or otherwise acting in an improper manner –
adverse action – coercive conduct – where subcontractor
had a "workplace right" to initiate a process of
bargaining for a new enterprise agreement – where union
engaged in campaign to secure site allowances in enterprise
agreements – accessorial liability – whether an
individual can be an accessory to the conduct of a union which
arose by reason of the individual's conduct being deemed to be
the conduct of the union – whether union can be deemed to
have contravened a provision of the Fair Work Act 2009
(Cth) which the union itself could not have contravened –
whether defect in or absence of a Notice of Employee
Representational Rights precludes the existence of a
"workplace right" to initiate a process of bargaining for
a new enterprise agreement – whether applicant must prove
that coercive conduct was taken in personal capacity or on own
behalf.
PRACTICE AND PROCEDURE – privilege against self-
incrimination – where Respondents reserve right to claim
privilege – split hearing – where protracted
adjournment after election to allow for the filing of evidence.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
RTL Mining and Earthworks Pty Ltd
152 855 135 08/02/2018
Confined spaces; Failure to provide a safe system of
work; Falls/work at height offences; Mines; Failure to provide a
safe working environment - Occupational Health and Safety Act
2004 21(1)&(2)(a); Latrobe Valley Magistrates'
Court.
Kintetsu World Express 051 932
097 08/02/2018
Forklifts; Traffic management - Occupational Health
and Safety Act 2004 21(1)&(2)(e); Broadmeadows
Magistrates' Court.
Paul Jason Weiser
06/02/2018
Fraud Accident Compensation Act 1985;
Workplace Injury Rehabilitation and Compensation Act 2013
248; 581(1); Melbourne County.
Legislation
Commonwealth
Fair Work
Amendment (Improving National Employment Standards) Bill
2018
Registered 05/02/2018 - The Bill amends the Fair
Work Act 2009 to enable an employee who is a survivor of
family and domestic violence to take up to 10 days paid family and
domestic violence leave per calendar year or 2 days of unpaid
family and domestic violence leave for each permissible occasion.
This is achieved by adding family and domestic violence leave to
the National Employment Standards.
Victoria
Bills
Labour Hire Licensing Bill 2017
Council - 2nd reading (passed Assembly) 08 February 2018.
Bills Introduced and Second Read in the first House
– week ending 09 February
Electricity Safety Amendment (Electrical Equipment Safety Scheme)
Bill 2018 Assembly - 2nd reading: 07 February 2018.
Queensland
Subordinate Legislation as made
No 5
Safety in Recreational Water Activities (Codes of Practice)
Amendment Notice 2018 – 06/02/2018.
Bills Re-Introduced into Parliament – 15 February
2018
Heavy Vehicle National Law and Other Legislation Amendment Bill
2018
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.
