In the media
Construction site supervisor fined $21,000 for setting
apprentice on fire
An Adelaide construction site supervisor who doused an
apprentice in flammable liquid and set his clothes on fire is fined
$21,000 for breaching workplace safety laws (29 August 2019).
More...
Comcare: WHS charges over Townsville incident
Prosecutors have filed federal work health and safety
charges against the Department of Defence after a worker suffered
critical injuries during a maintenance operation (26 August 2019).
More...
Targeting employers flouting workplace safety
rules
A new workplace health and safety awareness campaign
targeting employers who risk workers' lives is warning they
face tough penalties if they do the wrong thing. The Andrews Labor
Government has already announced that WorkSafe will employ up to 40
new inspectors over the next four years to focus on health and
safety in the construction industry (21 August 2019).
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Qld: Safety audits of plumbing businesses performing
electrical work
Plumbers who perform electrical work under their QBCC
trade contractor licence are deemed to hold an electrical
contractor licence. The Electrical Safety Office is auditing
plumbers performing restricted electrical work as part of their
business to ensure they are meeting their electrical safety duties
(20 August 2019).
More...
Have your say on the NSW draft formwork code of
practice
The NSW Government is seeking feedback on a draft formwork
code of practice, which aims to provide practical guidance for
workers and businesses when working with formwork and falsework.
The nature of formwork construction puts workers in high-risk
situations (20 August 2019).
More...
Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 1 August, there have been 83 Australian workers
killed at work in 2019. The numbers and industries
may vary from one report to the next, as Safe Work receives more
detailed information.
More...
In practice and courts
NSW
SafeWork NSW
Updated 23 NSW Codes of Practice are now available for download
on our website. The codes were revised by Safe Work Australia and
come into effect in NSW on 30 August 2019 and align with the model
codes of practice developed under the harmonised work health and
safety legislation (30 August 2019).
More...
Building Information Modelling (BIM) for WHS
management
What is the best practice and implications of using BIM in
WHS management?
Timeline of project: Project commenced: August 2019; Project
completion: Mid 2021.
More...
Queensland
WorkSafe Queensland: Worker burned by hot cane mud and
liquid
Sugar mill operators must develop a risk register as
described in the How to manage work health and safety risks Code of
Practice 2011, assess the risks, implement controls and monitor and
review the systems used to control those risks. If a risk remains,
it must be minimised so far as reasonably practicable by using
personal protective equipment (23 August 2019).
More...
WorkSafe Queensland: Segregation of telecommunications
and electrical cabling
Electrical contractors, electrical workers and metering
providers involved in the roll out of smart meters must ensure that
antenna/communication wiring systems are suitably segregated from
electrical wiring in accordance with the Wiring Rules (19 August
2019).
More...
Victoria
Safety Soapbox
News for the construction and utilities industries - 21
August 2019
This month the construction industry reported 214 to WorkSafe. Of
these, 66 per cent resulted in injury.
More...
Cases
SafeWork NSW v Sydney Hoist and Scaffolding Pty
Ltd [2019] NSWDC
442
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 COSTS - prosecution costs OTHER –
Scaffolding – insufficient ties and bracing to prevent
instability and risk of collapse – no documented plan
detailing bracing of the scaffold and dismantling of the scaffold
– scaffold structure not reviewed by competent engineer
– incomplete scaffolding – missing ties – missing
bracing – missing handrails.
SafeWork NSW v PNA Property Developments Pty
Ltd [2019] NSWDC
435
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of serious injury – worker injured
SENTENCING – objective seriousness – general deterrence
– specific deterrence – aggravating factors –
significant ongoing disabilities – mitigating factors –
no record of previous convictions – good prospects of
rehabilitation – remorse – plea of guilty –
assistance to law enforcement authorities – good corporate
citizen WORK HEALTH AND SAFETY – obvious risk – known
to the offender – inadequate instructions – no
documented safe work procedure – risk control measures
available at low cost COSTS – prosecution costs OTHER –
bricklaying – fall from height.
SafeWork NSW v Silver Raven Pty Ltd
[2019] NSWDC 425
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of serious injury – worker injured
SENTENCING –objective seriousness – general deterrence
– specific deterrence – aggravating factors –
substantial injury ¬ mitigating factors – no record of
previous convictions – good prospects of rehabilitation
– remorse – plea of guilty – assistance to law
enforcement authorities WORK HEALTH AND SAFETY – obvious risk
– known to the offender – lack of training – risk
control measures available at low cost COSTS – prosecution
costs OTHER – high pressure water cleaning –
uncontrolled hose.
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Caelli Constructions (Vic) Pty Ltd Melbourne Magistrates'
Court
Occupational Health and Safety Act 2004 Section
23. Outcome: 19 Aug 2019.
Action Events Group Pty Ltd
Wonthaggi Magistrates' Court
Occupational Health and Safety Act 2004 Section
23. Outcome: 16 Aug 2019.
Legislation
Victoria
Bills
Dangerous Goods Amendment (Penalty Reform) Bill 2019
Date of second reading speech: 28 August 2019
The amendment brings the penalty in line with the equivalent
provision of failing to comply with a direction given by an
inspector under the Occupational Health and Safety Act
2004. The penalty increase recognises the significance of the
offending and the potential adverse consequences where there is
failure to comply with a direction of an inspector.
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.