In the media
Regulator releases policy on heavy vehicle
records
Australia has moved a step closer towards adopting electronic
diaries for truck drivers to more easily log work and rest times,
but an expert says they won't help improve road safety (16
March 2018).
More...
Campaign to prevent quad bike rollover deaths enters new
terrain
From this month, when WorkSafe inspectors conduct an inspection in
workplaces which use quad bikes, if a risk of roll over is
identified, and an employer has not taken reasonably practicable
measures to control the risk, an improvement notice may be issued
(16 March 2018).
More...
Powerline incidents prompt call for care
Employers and contractors who operate heavy vehicles and machinery
are being urged to always check for powerlines following a spate of
serious incidents (14 March 2018).
More...
Worker killed in skylight fall
In February 2018, a worker was killed after falling five metres
onto a concrete floor. This incident highlights the risk of working
on or near fragile roof surfaces. Since 2012 there have been 33
prosecutions involving falls (13 March 2018).
More...
Western Sydney company fined after man crushed in
workplace incident
A Yennora company and its director have been fined $87,500 after a
worker was crushed by quartz slabs. In sentencing Khouri and Modern
Touch, Judge Andrew Scotting said Modern Touch and Khouri failed to
consider the risk of a crush injury, despite it being foreseeable
(13 March 2018).
More...
RMS sees hefty COR fine on Metropolitan
Demolitions
Inaccurate record keeping has led to a successful Roads and
Maritime Services (RMS) prosecution of
construction services firm Metropolitan Demolitions, it has
emerged. The Sydney construction services company and a director
were fined $1.5 million and ordered to pay $50,000 in costs in the
Local Court after pleading guilty, according to RMS (13 March
2018).
More...
Combustible cladding banned in Victoria
The Victorian Government has banned the use of the "most
dangerous" types of combustible cladding on all multi-storey
buildings, under a guideline gazetted yesterday - this will take
effect from 22 March 2018. The rules are clear: if builders use
these dangerous flammable products, they'll face disciplinary
action from the Victorian Building Authority. Similar laws were
recently introduced in NSW and Queensland (10 March 2018).
More...
Workers injured by glass sheets
In February 2018, three workers received severe lacerations when
one of several large glass sheets in a racking system fell to the
ground and shattered. There have been 157 accepted workers'
compensation claims for injuries received as a result of falling
glass (07 March 2018).
More...
Airtasker: Unions raise safety concerns over 'gig
economy' cowboys
Unions NSW and some tradespeople are calling on the Federal
Government to set up an independent regulator to oversee the
emerging gig economy, amid concerns workers' safety is at risk
(09 March 2018).
More...
New CoR laws to boost heavy vehicle
safety
New Chain of Responsibility laws for Australia's heavy vehicle
industry are coming in mid-2018. The NHVR's Chain of
Responsibility Manager (09 March 2018).
More...
Girraween builder fined $135,000 after injury at
Doonside building site
Universal Property Group Pty Ltd pleaded guilty to failing to
ensure the health and safety of workers at the Doonside site after
a young man fell through a void that was not properly covered, and
lacked any signage to warn staff of the potential danger (07 March
2018).
More...
Bakery admits fault after worker loses top of finger in
crumpet machine
The worker lost about a centimetre from the top of his middle
finger after he was ordered by a supervisor to clear a build-up of
crumpets by hand from a conveyor belt (06 March 2018).
More...
Charges laid over swim school injury
The Department of Education and Training and a private swim centre
operator have each been charged by WorkSafe following an incident
involving a Ballarat student in 2016 (05 March 2018).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 16 March, there have been 22 Australian workers killed at
work in 2018.
More...
NHVR: On the Road, Issue 29, 12 March
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.
In practice and courts
Industrial Chemicals reforms: update on
implementation
To assist regulated entities to adequately prepare for compliance
with the new Australian Industrial Chemicals Introduction Scheme
(AICIS), the Australian Government has decided to
defer commencement of the scheme until 1 July 2019. Deferral of
implementation will also allow more time to consult on the details
of the new scheme, to be set out in rules to be made by the
Minister (delegated legislation). The rules were published on 9
March 2018 on the NICNAS website (14 March 2018).
More...
SafeWork Australia Model WHS laws:
consultation
Public consultation to explore how the model WHS laws are working
in practice is now open. Marie Boland is leading the review and
would like to hear: what is working and why; will it continue to
work in the future; what doesn't work and why, and what we
could do to make it work. Written submissions are due by 13 April
2018.
More...
New Safety Standards
AS/NZS 1337.1:2010/Amdt 2:2018
Personal eye protection - Eye and face protectors for occupational
applications - Standards Australia.
Queensland
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 – 09 March 2018
WorkSafe's Senior Construction Advisor, writes about the most
common cause of injuries to construction workers and some of the
simple measures that can be used to reduce the risk of injury.
Access the 9 March edition of Safety Soapbox
here - the list of reported incidents can be downloaded from
the page.
WorkSafe Victoria: Five new compliance codes now
available
Five new compliance codes – Hazardous manual handling,
Facilities in construction, Confined spaces, Plant and Noise
– that align to the Occupational Health and Safety
Regulations 2017 are now available (15 March 2018).
More...
Cases
Swanson v Monash Health [2018] FCCA 538
INDUSTRIAL LAW – Applicant's exercise of workplace right
to take paid personal leave under s.97 of the Fair Work Act
2009 (Cth) (the Act) – allegations that
Respondent contravened s.340(1)(a)(ii) of the Act by threatening to
and ultimately summarily terminating Applicant's employment by
reason of, or for a reason including, the exercise by the Applicant
of a workplace right – directions issued by Respondent for
Applicant to attend an independent medical assessment whilst on
paid personal leave – whether the exercise of a workplace
right under s.97 of the Act includes a right not to work, including
a right to refuse directions made by an employer to attend an
independent medical assessment – whether directions made by
Respondent were lawful – whether directions made by
Respondent were reasonable – held that the exercise of a
workplace right under s.97 of the Act does not include a right not
to work, including to refuse directions made by an employer –
held that directions issued by Respondent were lawful and
reasonable – held that Respondent did not take adverse action
for the reason, or for a reason or reasons including, that the
Applicant exercised a workplace right – application
dismissed. Disability Discrimination Act 1992 (Cth);
Fair Work Act 2009 (Cth), ss.61(1), 97, 107, 340, 342,
351(1), 352, 360, 361, pts.2-2, 3-1; Occupational Health and
Safety Act 2004 (Vic).
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Ambulance Victoria 503 733 277 08/03/2018
Dangerous goods; Failure to provide a safe system of work;
Fatality. Occupational Health and Safety Act 2004
21(1)&(2)(a); 23(1); Warrnambool Magistrates Court.
Ramabo Pty Ltd 081 921 931 06/03/2018
Guarding. Occupational Health and Safety Act 2004
21(1)&(2)(a); Werribee Magistrates' Court.
JBS Australia Pty Ltd 011 062 338
06/03/2018
Crush injuries; Failure to provide and maintain plant; Failure to
make arrangements for ensuring safety and absence of risk in
connection with use of plant or substance; Plant. Occupational
Health and Safety Act 2004 21(1)&(2)(a); Melbourne
Magistrates Court.
Legislation
New South Wales
Bills passed by both Houses of Parliament – 16 March 2018
Work Health and Safety Amendment Bill 2018The objects of this Bill are: (a) to provide that certain members of the NSW Police Force who are involved in responding to active armed offender incidents do not commit offences under Division 5 of Part 2 of the Work Health and Safety Act 2011 (the Act) for failures to comply with health and safety duties in connection with responding to such incidents.
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.