In the media
Workplace manslaughter laws to protect
Victorians
Employers whose negligence leads to the death of an employee will
face up to 20 years in jail under tough new laws to be introduced
by a re-elected Andrews Labor Government. Under the proposed new
law, employers will face fines of almost $16 million and
individuals responsible for negligently causing death will be held
to account and face up to 20 years in jail (26 May 2018).
More...
Changes date for Chain of Responsibility laws
confirmed
October 1 gives extra time for industry sectors to prepare, NHVR
says. The reforms complement national workplace safety laws, and
place a positive duty-of-care on supply chain parties (22 May
2018).
More...
Occupational Health and Safety
The national safety regulator launches an investigation after a
CareFlight helicopter allegedly lost control during a search and
rescue operation near Darwin earlier this month (22 May 2018).
More...
Second company convicted after apprentice seriously
burnt
H&A Majestic Plumbing Pty Ltd pleaded guilty to one charge
containing two contraventions of section 21(1) of the
Occupational Health and Safety Act 2004 in that it failed
to provide a workplace that was safe and without risks to health.
It was fined $40,000 in the Broadmeadows Magistrates' Court and
ordered to pay $9,713 in costs (22 May 2018).
More...
Protecting our emergency workers: Joint
statement
The Andrews Labor Government has given The Police Association
Victoria and the Ambulance Employees Australia Victoria assurances
that anyone who attacks and injures an emergency worker will
receive a custodial sentence (21 May 2018).
More...
Coal burst leads to Austar suspension
The prohibition notice will remain in place until a detailed
geotechnical assessment is carried out, and the mine operator can
satisfy the Regulator that comprehensive risk controls can be
implemented to protect workers against the threat of further and
escalated outburst events (18 May 2018).
More...
Driver competency framework set for new
reviews
Austroads will set up a working party to deal with issues rising
from its report into the National Heavy Vehicle Driver Competency
Framework (18 May 2018).
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Trucking company fined over 'preventable' deaths
of Irish construction workers
The deaths of two workers were preventable because there were
"simple and practical steps" the trucking company,
Axedale Holdings, could have taken to ensure the panels were
secure, the deputy chief magistrate says (17 May 2018).
More...
Builder, scaffold business fined more than
$60,000
Whineray Consulting Pty Ltd, trading as Topscaff Scaffolding, was
found guilty of three charges, including two of failing to provide
and maintain a safe workplace, and one of failing to ensure people
other than employees were not exposed to risks posed by scaffolding
at the Oslo Apartments Project (15 May 2018).
More...
Excavation collapse on apprentice leads to $80,000
fine
A construction company has been convicted and fined $80,000 after
an excavation collapsed leaving a 17-year-old apprentice plumber
with life-threatening injuries. Olive Construction Pty Ltd pleaded
guilty in the Melbourne Magistrates' Court to one charge
contrary to section 26 of the OHS Act for failing to provide a
workplace that was safe and without risks to health (15 May 2018).
More...
Published – articles, papers, reports
NHVR On the Road, Issue 34, 14 May 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
Current Inquiries
The framework surrounding the prevention, investigation
and prosecution of industrial deaths in Australia
On 26 March 2018, the Senate referred the inquiry into the
framework surrounding the prevention, investigation and prosecution
of industrial deaths in Australia to the Education and Employment
References Committee for inquiry and report by 20 September 2018.
The closing date for submissions is 6 June 2018.
More...
NHVR: Changes to Chain of Responsibility laws confirmed
for 1 October
Reforms to the Chain of Responsibility (CoR) laws
will be implemented from 1 October. Duty holders who assess their
risks and manage them will be complying with both the HVNL and
workplace safety law. The NHVR has information available including
CoR Gap Assessment tools, role-specific fact sheets, Safety
Management System templates and tools, and videos and podcasts. For
more information visit
www.nhvr.gov.au/cor (22 May 2018).
More...
NHVR: EWDs get the green light
The NHVR will accept applications for approval for Electronic Work
Diaries (EWDs) from 28 May, after releasing the
final consultation.
More...
AMSA: Crewing requirements for grandfathered passenger
vessels
Exemption 28 has been extended from 1 January 2018 to 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
Work Health and Safety: Better Practice
Procedures
Document number: PD2018_013; Publication date: 14 May
2018
The purpose of this Policy Directive, and more specifically, the
attached Better Practice Procedures is to support Agencies to
implement an effective work health and safety management system
that is consistent with NSW Work Health and Safety
(WHS) legislation; and provide information to
clarify the duties and responsibilities of officers and
managers/supervisors in contributing to a safe and healthy work
environment. More...
Victoria
WorkSafe Victoria: Safety Soapbox 18 May
2018
In this edition Steve Darnley from WorkSafe's Construction
Program writes about the need to inspect and test portable
electrical equipment on construction sites.
More...
Cases
Stefanac v Secretary, Department of Family and
Community Services [2018] NSWCATAD 106
HUMAN RIGHTS – complaint of assumed disability discrimination
– where employer directed employee to go on sick leave
because it was thought that she had a mental illness –
applicability of differential treatment element of direct
discrimination to assumed disability complaints.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Baron Forge Contractors Pty Ltd 160 547 035
18/05/2018
Crush injuries; failure to provide a safe system of work; failure
to provide information, instruction, training or supervision;
plant. Occupational Health and Safety Act 2004
21(1)&(2)(a); 21(1)&(2)(e); Melbourne Magistrates'
Court.
H&A Majestic Plumbing Pty. Limited 133 087
760 15/05/2018
Failure to prepare a SWMS; high risk construction work.
Occupational Health and Safety Act 2004 21(1);
Broadmeadows Magistrates' Court.
Jeld-Wen Glass Australia Pty Ltd 116 051 391
10/05/2018
Crush injuries; unguarded plant; failure to provide and maintain
plant; plant. Occupational Health and Safety Act 2004
21(1)&(2)(a); Ringwood Magistrates' Court.
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.