In the media
Centre for WHS: To be a good leader, safety should
already be part of your leadership toolkit, not an
'add-on'
Research has shown that 'good' leadership in the
context of safety is driven by four different sets of behaviours
and our interviews with 60 workers, supervisors, managers and
safety inspectors revealed a number of 'safety leadership'
behaviours that are just good general leadership (24 October 2019).
More...
Federal Court decision reaffirms that union officials
must comply with federal right of entry laws
The Federal Court has ruled that union officials must hold
and show a valid federal right of entry permit upon request when
visiting construction sites for safety reasons. The decision
follows the ABCC commencing legal action against the CFMMEU and a
number of officials for unlawfully entering the Bruce Highway
Caloundra project site (23 October 2019).
More...
Safety warning over electric shocks from hospital bed
power cords
WorkSafe Victoria recently issued a safety alert about the
hazards and risks associated with electric hospital bed power cords
after an employee received a severe electric shock from the power
cord of an electric hospital bed (22 October 2019).
More...
NSW regulators put construction and resources sectors on
notice
SafeWork NSW said businesses and employees have been
"put on notice" about their obligations to make
workplaces safer, following a number fatalities and serious
injuries (22 October 2019).
More...
Building company fined $47,500 over tilt-up panel
collapse
The company Hanssen, was found guilty of failing to ensure
that work was directly supervised by a person who had completed an
approved course for managers and supervisors on a site where
tilt-up work was being done, and was fined in the Perth Magistrates
Court (22 October 2019).
More...
BHP pledges to solve Saraji safety concern
BHP has reinforced its commitment to safety after failing
to identify the cause of a fatality at BHP Mitsubishi
Alliance's Saraji mine on New Year's Eve last year (21
October 2019).
More...
Fire safety heating up at Glencore Mt Isa
Glencore has taken steps to improve fire safety at its Mt
Isa copper operations in Queensland, updating its transformer fluid
to a synthetic option (21 October 2019).
More...
Tottenham fire site clean up continues
EPA and Worksafe have issued notices demanding the duty
holders remove waste and chemicals from the site, contain any
run-off, and render any residual dangerous goods harmless. All
demolition work must comply with construction and asbestos
regulations (20 October 2019).
More...
Power in workers hands to 'Speak Up. Save
lives'
Reporting dangerous work practices and risks to
workers' safety is now easier than ever with the NSW
Government's new mobile reporting system 'Speak Up. Save
Lives'. To access the tool visit Speak Up on your
mobile device (16 October 2019).
More...
Charges laid after assault on youth justice worker
Two charges have been filed at the Melbourne Magistrates
Court under section 21 of the Occupational Health and Safety Act,
for failing to maintain a working environment that was safe and
without risks to health (18 October 2019).
More...
Company fined $120,000 for unsafe worksite
Sandarra Electrics Pty Ltd has been fined $120,000 for
exposing workers to risk of serious injury on a residential
construction site in Geelong, convicted of failing to eliminate or
reduce the risk of a fall from height, as well as failing to
prepare a Safe Work Method Statement for high risk construction
work (16 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
SafeWork Australia: Check out our safety champion
resources
SafeWork have compiled many resources this year to show
how workers, employers, individuals and businesses can champion WHS
at their workplace. Anyone can be a safety champion and have a
positive influence on WHS at their workplace (21 October 2019).
More...
Safe Work Australia: Workplace exposure standards:
Release schedule and opportunities to comment on draft
recommendations
Safe Work Australia is evaluating the
Workplace Exposure Standards for airborne contaminants to
ensure they are based on the highest quality, contemporary evidence
and supported by a rigorous scientific approach.
Draft evaluation reports and recommendations for each
chemical will be made available for public comment throughout
2019-2020. The
anticipated schedule for public comment is now available on
Safe Work Australia's website.
Release 4 - Caprolactam to clopidol: 27 September 2019. Public
comment is open until 11 October 2019.
Queensland
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist.
More...
WorkSafe Queensland: New standard for renewable energy
battery storage installations
Designers and installers in Queensland have a duty under
the Electrical Safety Act 2002 to ensure their battery storage
installs are electrically safe. The installation requirements in
AS/NZS 5139 are streamlined for equipment that complies with the
Practice Guide: battery storage equipment - electrical safety
requirements, V1.0 2018 (23 October 2019).
More...
Victoria
EnergySafe magazine – Spring 2019
In this issue, we recognise the achievements of our team
in leading electrical safety standards adopted internationally,
announce the impending launch of a new campaign and address the
increase in compliance checks and action on solar installations (17
October 2019). More...
EnergySafe Victoria: Annual Report 2018/19
The Report was tabled in Parliament on 17 October and is
now available. It details ESV's progress in responding to the
recommendations Independent Review of Victoria's Electricity
and Gas Network Safety Framework, our oversight of bushfire
mitigation measures and safety issues around gas heaters, and
regulatory challenges and increased compliance. Read the Report.
Worksafe Victoria Alert: Three year old child fatally
injured on Victorian farm
WorkSafe wants to highlight the importance of ensuring
vehicles used on farms are suitable for the task, fitted with the
appropriate operator protective devices and operated safely (16
October 2019).
More...
Cases
INDUSTRIAL LAW - where union officials entered site "pursuant to" s 81(3) of the Workplace Health and Safety Act 2011 (Qld) – where union officials did not produce entry permits under the Fair Work Act 2009 (Cth) – whether s 81(3) of the Workplace Health and Safety Act 2011 (Qld) creates a "State or Territory OHS right" within the meaning of s 494 Fair Work Act 2009 (Cth) – alleged contraventions of ss 494, 497 and 500 of the Fair Work Act 2009 (Cth)
Safework NSW v Proflow Plumbing and Maintenance Pty
Limited [2019] NSWDC
593
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 – plumber excavated a trench
at residence and left it overnight unguarded and unfenced –
death of elderly resident of house who fell into trench
Safework NSW v Kukas Brothers Pty Limited
[2019] NSWDC 592
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 – worker in pit required by
supervisor to exit by riding in bucket of excavator – worker
tipped out of bucket into pit – inadequate means of ingress
to and egress from pit
SafeWork NSW v Miroslav DAVIDOVIC
[2019] NSWDC 597
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking a 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
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Keech Foundry Pty. Limited - Bendigo Magistrates' Court
Occupational Health and Safety Act 2004 Section21(1) &
21(2)(a) Outcome 25 Oct 2019
All in One Plumbing Pty Ltd -Dandenong Magistrates'
Court
Occupational Health and Safety Act 2004 Section21(1);
21(2)(a) & 21(2)(e) Outcome 23 Oct 2019
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.
