COVID-19 updates
Safe Work Australia: New COVID-19 work health and safety
guidance for workplaces
Guidance for managing risks
from COVID-19 is now available for:
Accommodation services
Mobile consultants and client engagement services
Tertiary education
Guidance for the
Retail industry has also been expanded with additional
information for shopping centres.
A new
Small business planning tool is now available, outlining
key steps and considerations for small businesses operating during
the COVID-19 pandemic. For more information and resources, view
COVID-19 Information for workplaces (18 June 2020).
Transport and freight businesses urged to register as
COVID safe
The NSW Government has launched a new suite of
guidance materials to help all types of businesses manage the risk
of COVID-19. The transport, freight and rideshare plan can be
tailored to variables such as how many people are needed to assist
with deliveries, numbers of passengers and where points of contact
occur (01 July 2020).
More...
Improving COVID safety on NSW construction sites
The NSW Government has launched a new suite of guidance
materials to help all types of businesses manage the risk of
COVID-19. Common misconceptions in construction and trades are that
only one person can travel in a personnel lift or construction
hoist or you can't share tools on the worksite (30 June 2020).
More...
Hotels urged to register as COVID safe
The NSW Government has launched a new suite of guidance
materials to help all types of businesses manage the risk of
COVID-19. The hotels and accommodation plan can be tailored to
reflect an individual business' response to the risks that may
arise in their workplace (29 June 2020).
More...
Improving COVID safety at regional workplaces
The NSW Government is helping businesses return to normal
trade, through the launch of a new suite of resources to guide
businesses as they manage the risk of COVID-19 (25 June 2020). More...
Safe Work Australia: New COVID-19 work health and safety
information hub for small businesses
The new Small
Business Hub has tailored information and tools to help
businesses manage risks
from COVID-19 and keep people safe at the workplace. The hub has
guidance and resources for businesses transitioning back to usual
operations as restrictions ease, as well as businesses that have
been able to stay open safely (29 June 2020).
In the media
New workplace exposure standard for silica dust
Australian workers are being protected against the harmful
effects of silica dust by reducing the workplace exposure standard
(WES) for respirable crystalline silica from 1 July this year.
Under the Work Health and Safety Regulations 2011 (Cth), the
exposure standard will be halved from an eight-hour time-weighted
average of 0.1 mg/m3 to 0.05 mg/m3 (01 July 2020).
More...
NSW ahead of the curve in silicosis prevention
From July 1, the NSW Government's Silicosis Reduction
Strategy will come into effect, introducing the most comprehensive
series of reforms in Australia to stamp out the deadly lung
disease. NSW will be also one of the first states to introduce a
new minimum silica workplace exposure standard of 0.05mg/m3
(eight-hour time-weighted average) to protect employees on site, a
significant drop from the previous level of 0.1 mg/m3 (30 June
2020).
More...
New era for workplace health and safety
Employers have a strong new reason to make health and
safety their first priority as workplace manslaughter laws come
into effect. WorkSafe Chief Executive Colin Radford said workplace
manslaughter laws would play a crucial role in making Victorian
workplaces safer (01 July 2020).
More...
Safety net tightens for resources workers
Australia's toughest mine safety laws take effect from
1 July 2020 with executives facing up to 20 years' jail if
Queensland resources sector workers die because of their criminal
negligence. A new independent statutory body – Resources
Safety and Health Queensland – also exists from 1 July 2020
(01 July 2020).
More...
Serious Resources Safety and Health Prosecutions now sit
with WHS Prosecutor in Queensland
From 1 July 2020, serious Resources Safety and Health
(RSH) prosecutions will be referred to the
independent Work Health and Safety Prosecutor, Mr Aaron Guilfoyle.
This follows the proclamation of recent legislative amendments. Mr
Guilfoyle welcomed the new arrangements (01 July 2020).
More...
ABCC commences Federal Circuit Court action against CEPU
and official
The ABCC has commenced Federal Circuit Court action
alleging the CEPU and its official Daniel Bessell acted in an
improper manner and failed to comply with site occupational health
and safety requirements during a visit to a Buddina construction
site in Queensland in July 2018 (29 June 2020).
More...
SafeWork kick off construction compliance blitz
Construction sites across north-western Sydney can expect
a visit from SafeWork Inspectors this week who will be targeting
unsafe working systems across all building trades (29 June 2020).
More...
Causes of Bengalla accident revealed by NSW
regulator
A fatal accident involving a tyre fitter at the Bengalla
coal mine in New South Wales in late 2018 has highlighted the
importance of conducting a risk assessment on wash bays (22 June
2020).
More...
Contractors appointed to clean up fire site
WorkSafe has completed its public tender process to
appoint a suitably qualified provider to clean up the site of the
2018 chemical fire at Tottenham, near West Footscray (19 June
2020).
More...
Negligent senior mining officers to face five years'
imprisonment
New amendments to the New South Wales work health and
safety laws now include gross negligence under a category one
offence (19 June 2020).
More...
Published – articles, papers, reports
Human Factors and Ergonomics Society of Australia
(HFESA: Position paper on Musculoskeletal disorders
The association recommends that a "holistic
systems-based approach be taken to establish the workplace WMSD
risk profile". It says the risk management strategies need to
be comprehensive and include identification and then control of
physical and psychosocial hazards. Read more:
Work-related musculoskeletal disorders resource page. The Position
paper and a short
summary version can be downloaded from this page.
Safe Work Australia Fatality statistics
As at 18 June, there have been 86 Australian workers
killed at work in 2020. 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
Updated formwork code of practice to help protect
workers
The NSW Government has launched a new Code of Practice to
provide clear and practical industry advice on how to safely work
with formwork in NSW (26 June 2020). More...
Safe Work Australia: Translated guide for working with
silica now available
The working with silica guide has been translated into six
languages and will help protect those who work with silica or
products containing silica. View the guide here (30 June
2020).
Protecting worker mental health amid technology-driven
change
The University of Sydney Business School research
paper synthesises existing studies on how technology-driven
changes at work will impact workplace mental health and employee
wellbeing, reviewing more than 100 studies to examine the positive
and negative ways that technology can impact workers and businesses
(24 June 2020).
More...
NSW
ICARE: Employer toolkit supports NSW workplaces in
COVID-19 recovery
ICARE has produced a
COVID-19 Recovery Employer Toolkit that offers practical steps
to identify operational needs and provides protective strategies
NSW workplaces can utilise in the current phase of the COVID-19
recovery. ICARE has also produced a new checklist:
Psychosocial Ergonomic Checklist (01 July 2020).
Safework NSW: Traffic control work
Information on the changes to the Work Health and Safety
(Traffic Control Training) Regulation was made on 20 December 2019,
with the the Traffic Control Training scheme transitioning from
Transport for NSW to SafeWork NSW. The new regulatory scheme will
commence from 1 July 2020.
More...
Queensland
WorkCover Qld Identifying and assessing chronic disease
workplace risks
New free online tools help identify and assess work health
and wellbeing risks that can cause poor physical health. They are
backed by industry professionals and based on current health
guidelines. The tools include:
Healthy workplace audit tool and
Healthy workers survey (02 July 2020).
WorkCover Qld: Reduce the risks of falls on stairs at
your workplace
Workplace Health and Safety Queensland's new
Safe design and use of stairs guidance
provides practical guidance on what to check and fix to reduce
potential falls on stairs and steps at your workplace. The guide
includes how to get it right from the very beginning: The design
and construction of stairs in a workplace (30 June 2020).
Workplace Health and Safety Queensland
From 1 July 2020 in Queensland, the workplace exposure
standard for respirable crystalline silica will be halved from a
time-weighted average airborne concentration of 0.1 milligram per
cubic metre (mg/m3) to 0.05 mg/m3.
You should review current work practices — you may need to
improve dust control measures to meet the new standard. Visit our
website to find out more and for practical controls for
workplaces.
WorkCover Qld: Restructuring your electrical contracting
business? You may need a new licence
New licence applications require a nominated qualified
technical person (QTP) or qualified business
person to meet new training requirements introduced on 1 July 2018.
QTP nominees will also need to hold a current Queensland electrical
work licence.
You will also need to have public liability insurance which meets
the requirements of section 51 of the
Electrical Safety Regulation 2013 in the name of your company
(22 June 2020).
Victoria
Offence of workplace manslaughter in Victoria
The Victorian legislation attracts the highest financial
penalty nationwide, with a maximum fine of $16.5 million for
employers, whereas prison terms for company officers of up to 20
years are the same as other jurisdictions (Queensland and the
Australian Capital Territory [ACT]). Unique to Victoria is that the
offence applies to anyone who is owed a duty under the Occupational
Health and Safety Act 2004, which extends to members of the public.
More...
ESV Continuing professional development for builders and
plumbers
DELWP has prepared a Consultation Paper outlining three
high-level options for introducing CPD requirements in Victoria,
with a particular focus on the possible CPD training content that
could form part of the scheme. The Consultation Paper is available
on the
Engage Victoria website. The public consultation period will
close 24 July 2020.
Worksafe Victoria Safety Alert: Fatalities and injuries
as a result of high pressure hose whip
WorkSafe is issuing a reminder about the importance of
controlling risks to employees caused by high pressure hose whip
(01 July 2020).
More...
WorkSafe Victoria Safety Alert: Precast pile falls from
piling rig while being pitched
WorkSafe is issuing a reminder about the importance of
managing risks associated with precast piling operations (17 June
2020).
More...
WorkSafe Victoria
17 June 2020
More...
Cases
SafeWork NSW v Can Do Projects Pty Ltd; Safework NSW v
Yekta [2020] NSWDC
338
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury – death of
worker SENTENCING –objective seriousness – deterrence
– aggravating factors – mitigating factors COSTS
– prosecution costs.
Legislation
Regulations
Work
Health and Safety Amendment (Silica Workplace Exposure Standards)
Regulations 2020
26/06/2020 - This regulation amends the Work Health and
Safety Regulations 2011 to lower the enforceable exposure standard
for crystalline silica, to align with the exposure standards for
crystalline silica set out in the Workplace Exposure Standards for
Airborne Contaminants, dated 16 December 2019 and published by Safe
Work Australia (SWA). Commences 01 July 2020
Victoria
Crimes Amendment (Manslaughter and Related Offences) Act
2020 (Vic)
Sections 1 to 27 of this Act came in by forced commencement 1 July
2020 s.2(2)
Act Number: 16/2020 Date of commencement: 1 July 2020
Division 6—Amendment of Occupational Health and Safety
Act20049 – 21 Workplace manslaughter and 22 New Division 3 of
Part 15 inserted
Workplace Safety Legislation Amendment (Workplace
Manslaughter and Other Matters) Act 2019 (Vic)
Part 2 and Part 4 of this Act came in by forced commencement 1 July
2020 s.2(2)
Act Number: 50/2019 Date of commencement: 1 July 2020
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.