In the media
Mango grower fined $35,000 after workers suffer electric
shock
A Gilbert River mango grower has been fined $35,000 for a 2015
incident where two of his pickers suffered an electrical shock,
after pleading guilty to exposing his workers to a risk of death or
serious injury under the Electrical Safety Act 2002. The
court ruled that even though he used a number of subcontractors for
picking and packing, he retained primary electrical safety duty for
all workers on the Gilbert River Mango Plantation (01 March 2018).
More...
NSW watchdog delivers landmark
prosecution
The death of a woman in her shower caused by an electrical fault at
a nearby quarry outside of Orange in 2014 has today resulted in a
landmark work health and safety prosecution brought by the NSW
Government's Resources Regulator (26 February 2018).
More...
Safe Work to work on workplace safety
Safe Work Australia (SWA) has launched a review of
the nation's model Work Health and Safety
(WHS) laws. The Agency has produced a discussion
paper on the key issues with invitations for readers to share their
views and experiences (27 February 2018).
More...
The review will be evidence-based and will propose actions that
may be taken by WHS Ministers to improve the model WHS
laws, or identify areas of the model WHS laws that
require further assessment and analysis following the review,"
SWA said. Written submissions are due by 13 April and the
discussion paper can be accessed at this PS News
link.
Company fined $500,000 after worker
crushed
Specialised Concrete Pumping Victoria Pty Ltd pleaded guilty to one
charge of failing to provide and maintain safe systems of work and
one charge of failing to provide information, instruction, training
or supervision under the Occupational Health and Safety Act
2004. The company was convicted and fined $250,000 for each
charge (23 February 2018).
More...
NSW cancels out fatal truck crash falls in other
states
The Bureau of Infrastructure, Transport and Regional Economics'
(BITRE) latest Fatal heavy vehicle crashes
Australia quarterly bulletin shows fatal crashes involving heavy
trucks rose 2.4 per cent is 2017, from 164 to 168, and fell by an
average of 1.9 per cent a year for the preceding three years (20
February 2018).
More...
Charges laid after painter's death
A construction company has been charged following the death of a
painter at a building site at Merricks North in 2017. VCON Pty Ltd
will face three charges of breaching the Occupational Health and
Safety Act for failing to control the risk of a fall from height
(15 February 2018).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 23 February, there have been 18 Australian workers killed at
work in 2018.
More...
NHVR: On the Road, Issue 27, 26 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.
More...
In practice and courts
AMSA: Crewing requirements for grandfathered passenger
vessels
Exemption 28 has been extended from 1 January 2018 until 30 June
2018. Until 30 June 2018, the owners of grandfathered passenger
vessels (Class 1) can choose whether to comply with the number of
crew required in NSCV Part E (number of crew) or the grandfathered
crewing requirements that applied to the vessel on 30 June 2013.
More...
New South Wales
SafeWork NSW: Hot work
Safety Alert | 02/03/2018 - This safety alert reminds people of the
precautions required when carrying out hot work in the workplace,
for example grinding, welding, oxy cutting or other processes which
produce a flame or other ignition source. More...
Queensland
WorkCover Queensland: Generator fuel explosion in back
of truck
In February 2018, two workers received severe burns to their legs,
upper body and face when fuel ignited in the back of a truck.
Transporting fuel, or equipment that carries fuel, poses additional
risks that the PCBU must manage and control (22 February 2018).
More...
WorkCover Queensland: Young worker injured by nail
gun
An apprentice was injured by a nail, fired from a nail gun by
another worker, which went through the piece of timber he was
holding and into his chest. All workers who use any type of nail
gun should be trained in how to use it safely (20 February 2018).
More...
WorkCover Queensland: Vehicle stabilisers and
outriggers
In Queensland sometime last month, a truck fitted with a vehicle
loading crane was driven along a road with its stabiliser extended.
The stabiliser struck a parked vehicle and a worker standing behind
this vehicle was crushed and killed. This Alert provides detailed
information on how to prevent similar incidents occurring (22
February 2018).
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...
Victoria
Safety Soapbox - February 2018
This is a timely reminder because at the end of September 2017 the
Victorian Government significantly increased penalties for
duty-holders who fail to notify WorkSafe of an incident, or
don't preserve a site after a serious incident. Access the
February 23 edition of Safety Soapbox
here.
Cases
Australian Building and Construction Commissioner v Construction,
Forestry, Mining and Energy Union (Bendigo Theatre Case)
[2018] FCA 122
INDUSTRIAL LAW – alleged contraventions of ss 497 and 500 of
the Fair Work Act 2009 (Cth) at a building site in Bendigo
by officers of the CFMEU – whether there is evidence to
support findings of the alleged contraventions – whether the
CFMEU is liable for any contraventions committed by its officers
pursuant to ss 550 or 793 of the Fair Work Act 2009 (Cth)
or pursuant to principles of common law vicarious liability.
Building and Construction Industry (Consequential and
Transitional Provisions) Act 2016 (Cth) Sch 2, cl 19;
Evidence Act 1995 (Cth) s 140(2)(c); Fair Work Act
2009 (Cth) ss 12, 478, 484, 487, 489, 489(2), 494, 494(3),
497, 500, 512, 539(2), 546, 550, 550(1)(c), 793, 793(1), 793(2), Pt
3-4; Fair Work Regulations 2009 (Cth) reg 3.25, Item 2;
Occupational Health and Safety Act 2004 (Vic) ss 58,
58(1)(f), 70, 70(1), 83, 87, 87(2), 88, 89.
Inspector Nash v Perilya Broken Hill Limited [2018] NSWDC
28
CRIMINAL LAW – PROSECUTION – WORK HEALTH AND SAFETY
Duty of person conducting business or undertaking – duty in
the case of careless or disobedient worker – whether there
was a risk – whether risk foreseeable – whether duty to
minimise risk arose where it could be eliminated – whether a
risk analysis should have been undertaken and form thereof Fall
down mine shaft – fall from bucket of a loader when working
at height – whether breach of duty where worker was in bucket
of loader contrary to employer's policy Breach of duty –
whether system for use of personal protective equipment
(PPE) was appropriate – whether correct PPE
used - whether PPE used was defective – whether JSA defective
– appropriate procedures and content for JSA – whether
defendant's policy and prohibiting use of bucket of loader
should have been in writing - whether defendant provided adequate
information, training and instruction – whether defendant
provided adequate supervision Mistake of fact –
defendant's belief that no one would use the bucket of the
loader as a work platform and that nobody was required to work at
heights – whether mistake of fact available to defendant
– whether defendant's belief reasonably held.
Inspector Nash v Perilya Limited [2018] NSWDC
29
CRIMINAL LAW – PROSECUTION – WORK HEALTH AND SAFETY
PCBU – subsidiary company owner and operator of mine –
whether parent company with 100% shareholding in subsidiary company
also owner and operator of mine.
Safe Work NSW v Universal Property Group Pty Ltd [2018]
NSWDC 19
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury. SENTENCE –
mitigating factors – aggravating factors – penalty
– circumstances – objective seriousness –
specific deterrence – general deterrence SENTENCE PRINCIPLES
– parity – totality – community values –
remorse – contrition. COSTS – prosecution costs.
Safe Work NSW v Modern Touch Marble and Granite Pty Ltd; Safe
Work NSW v Johnne Khouri [2018] NSWDC 20
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury SENTENCE –
mitigating factors – aggravating factors – fine –
capacity to pay – circumstances – objective seriousness
– specific deterrence – general deterrence –
appropriate penalty SENTENCE PRINCIPLES – parity –
totality – community values – remorse –
contrition COSTS – prosecution costs.
DPP v Specialised Concrete Pumping Victoria Pty Ltd [2018] VCC
105
Occupational Health & Safety Act 2004 - The corporate
entity, Specialised Concrete Pumping Victoria Pty Ltd
(SCPV) has pleaded guilty to two charges under the
Occupational Health and Safety Act 2004 of:
(1) failing to provide and maintain systems of work; and
(2) failing to provide information, instruction, training and
supervision.
in respect of Charge 1 you are convicted and fined $250,000;
in respect of Charge 2 you are convicted and fined $250,000.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Martyn Nicholls Electrics Pty Ltd 120 490 128
22/02/2018
Electric shock; Failure to provide information, instruction,
training or supervision; Inexperienced employee. Occupational
Health and Safety Act 2004 21(1)&(2)(e); Sale
Magistrates.
Phelpsys Constructions Pty Ltd 601 655 869
21/02/2018
Fatality; Plant Occupational Health and Safety Act 2004
26(1); Melbourne County.
Michael O'Sullivan
21/02/2018
Electric shock; Employees - offences by; Inexperienced employee.
Occupational Health and Safety Act 2004 25(1)(b); Sale
Magistrates.
Legislation
Queensland
Subordinate legislation as made – 23 February
2018
No 18:
Transport Legislation (Dangerous Goods) Amendment Regulation
2018
Amendment of sch 1 (Infringement notice offences and fines for
nominated laws
The policy objective of the Regulation is to adopt the 4th package
of nationally-agreed amendments to the Model Subordinate Instrument
on the Transport of Dangerous Goods by Road or Rail. The amendments
will reduce the regulatory burden on the industry by providing the
basis for nationally consistent legislation regarding the transport
of dangerous goods by road or rail. The amendment Regulation
implements these changes through amendments to the Transport
Infrastructure (Dangerous Goods by Rail) Regulation 2008, the
Transport Operations (Road Use Management – Dangerous
Goods) Regulation 2008, and the State Penalties
Enforcement Regulation 2014.
Victoria
Acts
Road Safety Amendment (Automated Vehicles) Act
2018
Act Number: 8/2018 Date of assent: 27 February 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.
