In the media
Qld abattoir worker fatally crushed by machinery
A worker in Queensland was recently crushed to death after
getting trapped in a hydraulically operated stainless-steel bucket
while manually handling goat carcasses. From 2014-15 to March
2018-19, 261 entrapment-related workers' compensation claims
were accepted relating to workers being trapped by moving machinery
or equipment in the meat manufacturing industry (07 November 2019).
More...
Why is OHS slow to embrace technology? (and what to do
about it)
Most Australian companies are generally slow to adopt the
latest technology, however, this tendency can leave potential
organisational and other benefits on the table, according to an
expert in technology and innovation (07 November 2019).
More...
Business condemns VIC industrial manslaughter laws
Business groups have come out against the Victorian
Government's recently introduced workplace manslaughter law,
which if passed will impose fines of around $16 million and up to
20 years jail for employers responsible for negligently causing
death. The offence will fall under the Occupational Health
and Safety Act 2004 (07 November 2019).
More...
Worker struck by 47 kg pin ejected by steam
A worker has been struck by a heavy-duty pin after it
ejected unexpectedly from the rear-axle link of a CAT 797 dump
truck.The regulator recommended mine operators, equipment suppliers
and contract service providers: implement strategies to eliminate
or minimise risks associated with thermal lancing and identify safe
standing zones for workers (01 November 2019).
More...
$200,000 penalty after worker crushed
A Defence contractor has been convicted and fined $200,000
over an incident that severely injured a worker at a Brisbane Army
barracks (31 October 2019).
More...
Homebuilder fined $77,000 for safety breaches at two
different worksites
A local homebuilder has been fined $77,200 in the Brisbane
Magistrates Court for seven breaches under the Work Health and
Safety Act 2011 dating back to 2017. In total, there were three
complaints and seven charges laid against the homebuilder by the
Office of the Work Health and Safety Prosecutor (29 October 2019).
More...
Building company fined $110,000 over worker
impaling
Val Eco Homes was recently sentenced in the Brisbane
Magistrates Court, charged under section 32 of the Work Health and
Safety Act 2011, regarding a failure to comply with its work safety
duty as a person with management and control of a workplace (29
October 2019).
More...
First prosecution under Queensland's pioneering
industrial manslaughter laws
In a first for Queensland, the Work Health and Safety
Prosecutor has commenced a prosecution against Brisbane Auto
Recycling Pty Ltd for industrial manslaughter under the Work Health
and Safety Act 2011. Separate charges have also been made against
the company directors (25 October 2019).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 24 October, there have been 124 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).
The key work health and safety statistics Australia
2019
Safe Work Australia: Released on 04 November 2019
The report is a high-level overview of national statistics on
work-related fatalities, injuries and disease.
More...
In practice and courts
Safe Work Australia: New resources for chemical
storage
Safe Work Australia has prepared new resources for storing
hazardous chemicals. These resources expand on the information in
managing risks of storing chemicals in the workplace, they
include tools that can be used to prepare
hazardous chemical registers,
manifests and
site plans. To find out more about complying with work health
and safety requirements in your region, contact your
local WHS regulator (07 November 2019).
OFSC: Two-phase implementation of national construction
code compliance in the accreditation scheme
The Federal Safety Commissioner has published
a new fact sheet outlining the two-phase approach to educate
and assess Work Health and Safety Accreditation Scheme accredited
builders' National Construction Code compliance (30 October
2019).
More...
NSW
Building Information Modelling 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...
Resources Regulator: Safety Bulletin
7/11/2019 SB19-15
Rapid face bolter incidents
07/11/2019 SB19-14
Conveyor pulley incidents initiate fires
07/11/2019 SB19-13
Workers injured while installing conveyor boot ends
04/11/2019 SB19-12
Spontaneous combustion of conveyor rubber
04/11/2019 SB19-11
Drive shaft failures cause fires
Queensland
WorkCover Queensland: Concrete pumping Code of Practice
2019
The Concrete pumping Code of Practice 2019 was
approved by the Minister for Education and Minster for Industrial
Relations and commences on 2 December 2019. A
comparison table outlines the updates made. The
Concrete pumping Code of Practice 2019 will apply to anyone who
has a duty of care in relation to the carrying out of construction
work involving concrete pumping on or from 2 December 2019 (31
October 2019).
More...
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...
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...
WorkCover Queensland: Safety alerts
Elastic spring-back in wear plates on excavator buckets Updated
30 October 2019
Lifting clutch failure Updated 30 October 2019
The purpose of this health and safety alert is to inform workers,
employers, builders and designers of the risk of failure of lifting
clutches associated with tilt-up and pre-cast concrete
erection.
WorkCover Queensland: Safety alerts
Elastic spring-back in wear plates on excavator buckets Updated
30 October 2019
Lifting clutch failure Updated 30 October 2019
The purpose of this health and safety alert is to inform workers,
employers, builders and designers of the risk of failure of lifting
clutches associated with tilt-up and pre-cast concrete
erection.
Cases
Australian Building and Construction Commissioner v Hynes
& Anor [2019] FCCA
3145
INDUSTRIAL LAW – Commonwealth – compliance and
enforcement – civil remedies – right of entry –
entry permit holder – act in an improper manner –
assessment of appropriate penalty
Fair Work Act 2009 (Cth), ss.500, 512, 546, 550(1), 550(2); Work
Health and Safety Act 2011 (Qld), ss.117, 134
The applicant submits that by engaging in this contravening
conduct, Mr Hynes: flouted the privileges conferred on him as a
federal permit holder and a State OHS permit holder
Orr v Hunter Quarries Pty Limited
[2019] NSWDC 634
CRIMINAL LAW – prosecution – work health and
safety – duty of person undertaking business – risk of
death or serious injury – PROCEDURAL – elements of
offence – whether defendant owed a health and safety duty
– whether there was a failure to comply with that duty
– whether that failure exposed workers to the risk of death
or serious injury– PROCEDURAL – reasonable
practicability – likelihood of the risk – knowledge of
the risk – what the defendant ought reasonably to have
known– PROCEDURAL – foreseeability – whether
there was a causal relationship between the act or omission and the
risk - measures to guard against a risk to safety that are
reasonably practicable – guard against inadvertence to
fullest extent practicable – not always possible to foresee
inadvertence by a disobedient worker– OTHER –
unforeseen behaviour of worker – no one could have foreseen
operation of the excavator in that location, in that fashion
– worker had been instructed to perform other tasks, not to
operate excavator on rocky slope – no breach in failing to
risk assess potential for excavator to overturn on rocky slope
– risk unknown and therefore unforeseen– OTHER –
ROPS – Roll Over Protective Structure – excavators not
on list of vehicles on which ROPS were required to be fitted
– equipment not covered by ROPS standards must be the subject
of a Risk Assessment – no ROPS required if excavator used on
a flat area – risk of earthmoving machines overturning
increases as variables increase – risk of excavators rolling
over in mines and quarries
Safework NSW v NSW Formwork Pty Limited
[2019] NSWDC 631
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 fell from ladder onto upright reo
bars from which caps were missing – additional risk of fall
from height because of lack of edge protection
Safework NSW v HCM Building Pty Limited
[2019] NSWDC 632
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 fell from ladder onto upright reo
bars from which caps were missing – additional risk of fall
from height because of lack of edge protection
Guilfoyle v Culverthorpe Pty Ltd
[2019] QMC 17
Criminal Law – Work Health and Safety –
defendant pleaded guilty to an offence of failing to comply with a
health and safety duty under section 32 of the Work Health and
Safety Act – excavation of 3.6 metre deep trench on a farm
for laying of large pipes – high risk construction work
– employee of defendant working in the trench –
employee trapped from waist down as side of trench collapsed
– suffered serious injuries – risk of workers suffering
from serious injury as a result of collapse of trench walls –
sentence
Work Health and Safety Act 2011 Qld ss 3, 17, 18, 19, 26A, 32, 275;
Work Health and Safety Regulations 2011 Qld ss 289, 291, 297
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Princes Laundry Services Pty Ltd - Moorabbin Magistrates'
Court
Occupational Health and Safety Act 2004, Occupational
Health and Safety Regulations 2017
Section21, Outcome 06 November 2019
Legislation
NSW
Regulations and other miscellaneous instruments
Rail
Safety National Law National Regulations (Application of Law)
Variation Regulations 2019 (2019-539) — published LW 8
November 2019
Order
regarding volunteers taking part in emergency operations
(2019-521) — published LW 28 October 2019
Order
regarding volunteers taking part in emergency operations
(2019-522) — published LW 29 October 2019
Queensland
Bills
Subordinate legislation as made – 29 October
2019
No 214
Work Health and Safety (Codes of Practice) (Concrete Pumping)
Amendment Notice 2019
Victoria
Acts
Dangerous Goods Amendment (Penalty Reform) Act 2019
Date of assent:6 November 2019; Act Number: 38/2019
New Bills released this week – 01 November
2019
Workplace Safety Legislation Amendment (Workplace Manslaughter and
Other Matters) Bill 2019
Introduces new criminal offences of workplace manslaughter to
capture negligent conduct which causes the death of an employee or
member of the public
Passed Parliament (will now go to the Governor for royal
assent) 31 October 2019
Dangerous Goods Amendment (Penalty Reform) Bill 2019
'10ANew section 60D inserted After section 60C of the Dangerous
Goods Act 1985 insert– "60D Report on storage, transfer
and disposal of dangerous goods
Bills
Building and Environment Protection Legislation Amendment Bill
2019
Introduced into Parliament 29 October 2019, 2nd reading moved 30
October 2019 - Makes changes to the regulation of the architect,
building and plumbing industries and their governance arrangements
The reforms also expand the Victorian Building Authority's
powers to suspend architects and builders that use dangerous
building products and undertake unsafe work.
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.