Australia: Occupational Health & Safety - What's News - 27 February 2012

Last Updated: 3 March 2012
Most Read Contributor in Australia, September 2016


Industrial charge is dismissed in court
The region's peak apprenticeship body, MRAEL, has been spared prosecution over the death of a young apprentice who committed suicide over alleged workplace bullying. A charge of failing in its workplace, health and safety obligations has been officially dismissed in the Industrial Magistrate's Court in Mackay (23 February 2012) More...

Workcover launches "here to help" campaign
Minister for Finance & Services, Greg Pearce has announced a comprehensive advertising campaign with WorkCover NSW to highlight the importance of workplace safety and the government's new Work Health and Safety laws (20 February 2012) More...

Practice Notes

Emergency plans fact sheet
Author: SafeWorkAustralia
This fact sheet provides general guidance for persons conducting a business or undertaking (PCBUs) and workers on preparing and maintaining general emergency plans for fixed workplaces under regulation 43 of the Work Health and Safety (WHS) Regulations (February 2012) More...

Labour hire: duties of persons conducting a business or undertaking - Legislative Fact Sheet Series
Author: SafeWorkAustralia
This fact sheet provides information for persons conducting a business or undertaking (PCBUs) involving the provision of workers (labour hire PCBUs) to work for another business or undertaking (host PCBUs) on complying with their health and safety duties to labour hire workers under the model work health and safety laws ( February 2012) More...

VIC: Working in oxygen-deficient atmospheres
Author: Worksafe Victoria
This Alert highlights the danger of mine workers being exposed to oxygen-deficient atmospheres, and provides solutions to reduce or eliminate associated risks (20 February 2012) More...

NSW: WorkCover project on safety in road freight industry

WorkCover NSW has commenced a new project to reduce workplace injuries and illnesses and improve injury management in the road freight transport industry. The health and safety program 10/5/5, involves working with the NSW community to improve safety in the State's 10 highest risk industries (16 February 2012) 16 Feb 2012: Improving safety in road freight industry a WorkCover priority


Comcare v Transpacific Industries Pty Ltd [2012] FCA 90
INDUSTRIAL LAW – breach of s 16 of the Occupational Health and Safety Act 1991 (Cth) – quantity of pecuniary penalty – liability admitted – particular circumstances – fatality – seriousness of breach – deterrence – mitigating factors More...

Inspector Nikolovski v City Civil Pty Ltd (No 2) [2012] NSWIRComm 1
the defendant is fined the sum of $100,000 with half that amount to be paid to the prosecutor by way of moiety;
OCCUPATIONAL HEALTH AND SAFETY ACT - s 8(1), s 26(1) - proceedings against corporation and director - demolition work involving singe storey dwelling - risk of falling from roof - failure to provide safe access to roof, fall protection, information, instruction, training and supervision - pleas of guilty entered - fatal accident - risk foreseeable - serious breach - defendants equally culpable - general and specific deterrence considered - financial position of defendants not raised to establish impecuniosity but to establish current financial circumstances of the defendants - early pleas warrant highest level of discount - no prior convictions - good safety record and significant safety system in operation despite deficiencies - remorse and contrition - co-operation with WorkCover Authority - penalties imposed More...

Inspector Nathan Hamilton v Pells Sullivan Meynink Pty Ltd [2012] NSWIRComm 2
EX PARTE HEARINGS - Occupational Health and Safety - Occupational Health and Safety Act 2000 (the Act) - two charges against defendant under s 8(1) and s 8(2) of the Act - s 8(1) and s 8(2) charges: Pells Sullivan Meynink (PSM) was an employer - s 8(1) charge: there was a risk to the employees' health, safety and welfare - s 8(2) charge: non-employees exposed to risks to their safety - s 8(1) charge: the risk was to employees at work - s 8(2) charge: PSM's undertaking - s 8(2) charge: the exposure to risk was at PSM's place of work - ss 8(1) and 8(2): a causal nexus between PSM's breach and the risk to employees' safety/the risk arose from the conduct of PSM's undertaking - PSM's responsibilities - what was the design intent/construction sequence developed for the intersection area - non-compliance with design intent and construction sequence by Thiess John Holland (TJH) - Particular c of s 8(1) charge/Particular d of s 8(2) charge: whether failure to implement and maintain adequate system of communication or liaison between PSM and TJH - Particular d of s 8(1) charge/Particular e of s 8(2) charge: whether failure to implement and maintain adequate system of communications or liaison between PSM and Parsons Brinckerhoff (Australia) Pty Limited (PB) - Particular e of s 8(1) charge/ Particular f of s 8(2) charge: PSM failed to prevent its employees/adequately advise that workers should be prevented from performing work in the down drive of the MCAA including its intersection with MC5B – guilty charge More...

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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