In the media
Company fined $80,000 after tyre shredder injury
Tyre Recycling Australia Pty Ltd pleaded guilty in the
Dandenong Magistrates' Court to a single charge alleging three
breaches of failing to provide a working environment that was, so
far as is reasonably practicable, safe and without risks to health.
The company was also ordered to pay $4,217 in costs (10 October
2019).
More...
New quad bike standard to save lives
The Australian Government is improving the safety of quad
bikes with the introduction of a new safety standard to protect the
community, Minister for Housing and Assistant Treasurer Michael
Sukkar said today (10 October 2019).
More...
Quad bike rebate extension: The Victorian Government has
extended the quad bike rebate for a further nine months to help
Victorian farmers to improve safety on their properties
Keeping solar homes safe for Victorians
Minister for Solar Homes Lily D'Ambrosio today
announced swift action against an operator who put solar workers
and home occupiers at risk, ensuring the landmark Solar Homes
program continues to roll out safely (09 October 2019).
More...
Safety alert: Recent failures of winch type signs
Workplace Health and Safety Queensland has released a
warning bulletin about two recent failures of winch type (wind-up)
signs. This method of signage is commonly used by schools across
the state (09 October 2019).
More...
Dodgy operators storing dangerous goods on notice
An Andrews Labor Government awareness campaign has been
launched urging members of the public to call WorkSafe if they
suspect dangerous goods – such as drums or containers of
flammable liquids – are being stored, handled or disposed of
in a way which might be unsafe (07 October 2019).
More...
Engineer suffers first-degree burns from high-vis shirt,
sparking medical warning
A Perth doctor is warning of the dangers of wearing
high-vis shirts in direct sunlight after what she believes is the
world's first case of burns from retro-reflective tape. Under
Australian Work Health and Safety regulations, employers are left
to determine when high-visibility clothing should be worn,
depending on the environment workers are in (07 October 2019).
More...
Radiation guide given green light
Australia's nuclear safety Agency has issued a new
guide for Government entities making use of radiation to ensure
they follow the rules if called on to preserve an affected site (07
October 2019).
More...
Investigation into vehicle and automated machinery
collision at Wilpinjong mine finalised
The NSW Resources Regulator has finalised its Causal
Investigation into a heavy vehicle collision earlier this year
involving automated machinery at Wilpinjong coal mine near Mudgee
(03 October 2019).
More...
New mine safety campaign launched
The NSW Resources Regulator is launching a new state-wide
mine safety campaign aimed at maintaining the safety record of
mining in New South Wales (03 October 2019).
More...
Ladder safety blitz underway with employers on
notice
The Andrews Labor Government is warning employers to
protect their workers from serious injury or death when using
portable ladders. There have been at least 62 incidents reported to
WorkSafe involving ladders on construction sites since January (03
October 2019).
More...
Can you say no if your employer wants to drug test
you?
More and more Australians are facing the prospect of
random drug testing in their places of work. What does it involve,
how reliable is it, and can you say no (02 October 2019).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 10 October, there have been 121 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 (to check for updates and more details on fatalities
since 2003, go to the Safe Work Australia Work-related fatalities
webpage).
In practice and courts
New Safety Standards
DR AS/NZS 60079.10.1 Supp 1:2019
Explosive atmospheres - Classification of areas -
Explosive gas atmospheres - Commentary - Supplement to AS/NZS
60079.10.1:20XX (adoption of IEC 60079-10-1:20XX (ED. 3.0, MOD))
Standards Australia.
More...
NSW
NSW Resources Regulator: Incident reports
SB19-10
Dozer incidents increase despite warnings 03 October 2019
Safework NSW: 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.
For more information and to submit feedback visit
open consultations on the SafeWork website or view the
consultation the NSW Government's Have
Your Say. Submissions close on 30 September 2019.
Queensland
Reminder: Queensland Code of Practice for stone benchtop
industry
The Managing respirable crystalline silica dust exposure
in the stone benchtop industry code of practice 2019 will commence
on 31 October 2019 and applies to all fabrication or processing,
including during installation, maintenance and removal, of
engineered and natural stone benchtops.
More...
Victoria
Guidelines for arc flash hazards management
released
In conjunction with WorkSafe Victoria, ESV has today
released it's guidelines for arc flash hazards management (03
October 2019). More...
WorkSafe issues three safety alerts
WorkSafe Victoria has issued three new safety alerts.
These alerts provide advice on how to control the risks involved,
as well as references to legal duties and other information.
Employee injured from slurry tank failure at paste plant
(October 1)
Electric shocks from hospital bed power cords (October 3)
Amusement ride guarding (October 8)
Worksafe Victoria: Quad bike safety rebate
extended
The quad bike safety rebate has been extended to 30 June
2020 and is now open to farmers whose main source of income is not
from farming. Victorians who operate a farming business can access
$600 for an operator protective device (OPD) or up to $1200 for two
OPDs, or $1200 towards an alternative vehicle such as a
side-by-side. More...
Cases
RSA Express Pty Ltd v Guilfoyle, sued in his capacity
as a Work Health and Safety Prosecutor [2019]
FCA 1605
PRACTICE AND PROCEDURE – interim injunctions –
where the applicant and the respondents entered into an agreement
pursuant to s 325 of the Work Health and Safety Regulation 2011
(Qld) – where the applicant provides online construction
induction training pursuant to the agreement – where the
respondents changed the agreement so that training could no longer
be done online – where he applicant claims breaches of the
Competition and Consumer Act 2011 (Cth) and under s 92 of
the Constitution – whether there is a prima facie case
– whether the State is carrying on a business – whether
the amendments limit interstate trade- balance of convenience
– where the applicant's business will be significantly
impacted – whether harms are adequately reparable by
damages.
Constitution s 92; Competition and Consumer Act 2010 (Cth)
ss 2B, 46, 80; Federal Court of Australia Act 1976 (Cth) s
23
National Vocational Education and Training Regulator Act
2011 (Cth)
Trade Practices Act 1974 (Cth) repealed; Competition
Policy Reform (Queensland) Act 1996 (Qld) ss 4, 5, 6, 13
Work Health and Safety Act 2011 (Qld); Work Health and
Safety Regulation 2011 (Qld) ss 318, 319, 321, 322, 325
Safework NSW v Emu Group Pty Limited
[2019] NSWDC 537
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 – fall through unprotected
void on construction site.
Sydney Local Health District v SafeWork
NSW [2019] NSWIRComm
1072
Work Health and Safety – application for external
review – proposed refurbishment works in Intensive
Psychiatric Care Unit – removal of 1.31 metre high counter
and replacement with fixed "touch down" desk –
improve therapeutic environment – physical barrier between
workers and patients – mental health consumers with high
acuity and significant behavioural disturbance and potential to
exhibit violent behaviours – workers exposed to an immediate
risk to their health and safety from occupational violence –
Prohibition Notice issued – internal review unsuccessful
– application for external review dismissed.
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Tyre Recycling Australia Dandenong Magistrates' Court
Occupational Health and Safety Act 2004
Section21(1); 21(2)(a) & 21(2)(e)
Outcome 3 October 2019
Technicolor Pty Limited Moorabbin Magistrates'
Court
Occupational Health and Safety Act 2004 Section
26 Outcome 02 October 2019
Legislation
Australia
Regulation
Consumer
Goods (Quad Bikes) Safety Standard 2019
10/10/2019 - This safety standard prescribes requirements
for quad bikes under the Australian Consumer Law.
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.