ARTICLE
15 April 2012

Occupational Health & Safety - What's News? - 12 April 2012

HR
Holding Redlich

Contributor

Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
This newsletter includes recent developments, practice notes and cases in relation to occupational health and safety.
Australia Employment and HR

News

Have your say on Work Health and Safety Codes of Practice
Interested Australians are encouraged to have their say on five new work health and safety model Codes of Practice that were released today for a 12 week public comment period. The public comment period for these Codes of Practice will close on 22 June 2012 (03 April 2012) More...

Company fined $50,000 over electric shock incident
A Mulgrave sign installation company has been convicted and fined $50,000 over an incident that left a worker with severe burns (04 April 2012)
Company fined $50,000 over electric shock incident

Injury prompts urgent excavator safety warning
WorkCover NSW has issued an urgent warning to businesses and workers following the notification of a third serious incident involving an excavator in less than two months. These tragic incidents demonstrate why the demolition and construction sectors are a major focus of WorkCover's 10/5/5 Program (03 April 2012) More...

Worker loses arm - SA earthmoving company fined $105,000
An earthmoving company has been fined $105,000 for failing to protect a worker whose arm was ripped off by a machine. Magistrate Michael Ardlie fined Betts $105,000 for breaching workplace safety standards and ordered it to pay legal costs (02 April 2012) More...

New guidelines for Victorian building and construction industry
The Victorian Government released enhanced Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry. The Guidelines are intended to achieve behavioural change on Victorian building sites, including with the goal of improving safety (03 April 2012) More...

Incidents and prosecutions show construction sector can do better
Heavy fines have been imposed in a series of WorkSafe prosecutions after serious incidents for construction industry safety failings. The recent prosecutions have resulted in significant penalties for companies involved (30 March 2012)
Incidents and prosecutions show construction sector can do better

Farm safety includes traffic management
Farm safety has been put in the spotlight with a Werribee vegetable grower convicted and fined $80,000. County Court Judge Irene Lawson found traffic management at the Werribee South farm was poor and that a number of safety improvements had to be made after the incident (30 March 2012)
Farm safety includes traffic management

Carter Holt Harvey workplace fatality fine nearly doubled after appeal
A division of a major Australasian forestry company had its fine for workplace safety breaches nearly doubled on appeal in the County Court. The Director of Public Prosecutions took the matter to appeal on the basis that the original fine was manifestly inadequate. (30 March 2012)
Carter Holt Harvey workplace fatality fine nearly doubled after appeal

Brickworks fined after worker crushed
Tasmanian building supply company Kemp and Denning has been fined $60,000 over a workplace accident in the Magistrates Court in Hobart for failing to ensure safety from injury and risk to health (29 March 2012) More...

Ten-year OHS strategy targets workplace culture and plant design
State and territory governments, regulators and industry stakeholders will develop strategies to transform workplace cultures and eliminate hazards during the design phase of new plant, under a draft 10-year national plan released by Safe Work Australia for public comment yesterday (27 March 2012) Have your say on Work Health and Safety for the next decade

Practice Notes

Work Health and Safety Codes of Practice - model Codes of Practice : public comment
Five new national work health and safety model Codes of Practice are currently open for public comment. The Codes released for public comment today are:

  • Safe Design, Manufacture, Import and Supply of Plant
  • Working in the Vicinity of Overhead and Underground Electrical Lines
  • Traffic Management in Workplaces
  • Scaffolding Work, and
  • Formwork and Falsework.

The public comment period for these Codes of Practice will close on 22 June 2012 (03 April 2012)
Five new model Codes of Practice open for public comment

Public Comment: Australian Work Health and Safety Strategy 2012-2022
The Australian Work Health and Safety Strategy 2012-2022 was released this week for an eight week public comment period. The public comment period will be open from Monday 26 March to Monday 21 May 2012 (26 March 2012) More...

Patrick Stevedoring v Victorian WorkCover Authority: the prohibition on OHS discrimination
The recent appeal decision of the Victorian Supreme Court in Patrick Stevedoring Pty Ltd v Chasser (Victorian WorkCover Authority) [2011] VSC 597 (23 November 2011) demonstrates that the Victorian courts are willing to strictly enforce the anti-discrimination provisions under the Occupational Health and Safety Act 2004 No. 107 (Vic) (the OHS Act), potentially setting the precedent for the enforcement of the new anti-discrimination provisions under the Work Health and Safety Act 2011 No. 137 (Cth) (the WHS Act).

QLD: Securing loading ramps for mobile plant - Queensland
The purpose of this safety alert is to highlight the risks associated with not effectively securing loading ramps for mobile plant (26 March 2012) More...

QLD: Register of WHS Entry Permit Holders
Pursuant to s. 151 of the Work Health and Safety Act 2011 the industrial registrar was updated as at 05/04/2012 WHS Register

VIC: Guidelines for Victorian building and construction industry
The Guidelines are intended to achieve behavioural change on Victorian building sites, with the goal of improving safety, enhancing productivity and making vital infrastructure projects more affordable.
Compliance with the new Guidelines will be overseen by a new Construction Code Compliance Unit in the Department of Treasury and Finance. To view the Guidelines, click here.

NSW: Burns in restaurants and kitchens: Safety alert
This safety alert follows two incidents where kitchen workers received serious burns from methylated spirits and reminds persons conducting a business or undertaking of the requirements for the safe storage and handling of flammable liquids in kitchens ( March 2012) More...

Cases

Inspector Dall v Caines (No 2) [2012] NSWIRComm 21
OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(2), s 136(1)(b) - two offences arise from same circumstances - Inspector observes work being performed at height without fall restraint equipment and using inadequately fixed and placed scaffolding - painting work being carried out on awning - plea of guilty entered in s 8(2) offence - s 136(1)(b) offence found proved in contested proceedings - sentencing in both matters - objective seriousness of both offences considered - general and specific deterrence - plea in s 8(2) offence offered at first mention - no prior convictions - defendant bankrupt - limited evidence of financial means - penalties reduced More...

Robert William Regan v Perilya Broken Hill Limited [2011] NSWIRComm 13
Occupational Health and Safety - offence under s 8(1) Occupational Health and Safety Act 2000 - plea of guilty - risk of falling from elevated walkway - systems in place prior to offence - other objective factors - subjective factors - orders - penalty imposed 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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