In the media
Ex-inspector's safety warning: ACT
A former WorkCover inspector claims safety inspectors under too
much pressure and that they are working without adequate training
or expertise. Formerly, inspectors could issue an instant $5000
fine on a builder found not complying with safety regulations, but
now have to use the courts to prosecute cases, further increasing
their workload (16 November 2012)
More...
Safety standards in offshore industry inadequate:
report
Safety standards in Australia's offshore oil and gas industry
lag behind international standards, according to a new report
released by the Australian Council of Trade Unions (ACTU), the
Maritime Union of Australia (MUA) and the Australian Workers Union
(AWU) (14 November 2012)
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$50,000 fine for fall injuries
A Construction company has been fined $50,000 in the NSW
Industrial Court after a labourer was seriously injured in a fall
through a floor opening, and was also ordered to pay
WorkCover's legal costs. WorkCover found a lack of safety
procedures, such as covering or barricading the exhaust hole, led
to the fall (14 November 2012)
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Councils unite over sale yards safety
Two councils in south-east South Australia will join forces in an
effort to make sale yards in the region safer, and will jointly
apply for Commonwealth funding to address infrastructure concerns
where trucks operate in sale yards (13 November 2012)
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Company fined $140,000 after worker death
An agricultural manufacturing company has been convicted and fined
$140,000 over an incident which killed a worker who was struck on
the head by a metal rod. The company pleaded guilty to one count of
failing to provide or maintain a safe system of work and one count
of failing to provide information, instruction or training to its
employees (09 November 2012)
More...
Warning issued over filling scuba dive
cylinders
Workplace Health and Safety Queensland recently issued a safety
alert highlighting the risks associated with the filling of scuba
diving cylinders using a flexible fill hose following an incident
in which a worker was seriously injured at a recreational dive
business (08 November 2012)
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NZ mine owners lashed on safety
After almost two years gathering evidence, a royal commission
found the 2010 tragedy was "preventable" and lashed Pike
River Coal for taking unacceptable safety risks to chase an
"illusory" aim of producing one-sixth of New
Zealand's coal output (06 November 2012)
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Refrigerant substitution 'puts lives at
risk'
The Government has been warned lives could be at risk from
companies substituting expensive non-flammable refrigerants with
cheaper, but potentially explosive, hydrocarbons that are exempt
from its carbon tax by the executive director of Refrigerants
Australia (05 November 2012)
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Leaders need to improve workplace safety
A new report examines 16 detailed case studies from companies
across the EU highlighting good practice, the type of activities
that deliver achievements, innovative approaches, success factors
and the role of stakeholders. The European Agency for Safety and
Health at Work (EU-OSHA) has outlined six "leadership
factors" that case studies show can improve the safety
behaviour of employees
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In practice and courts
NSW: Managing noise in the food and beverage
industry
This guide has been produced by WorkCover Authority of NSW it
provides employers in the food and beverage manufacturing industry
with a tool to manage noise in the workplace. (November 2012)
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NSW: Work Health and Safety Regulation (NSW) amended
(Sch 18B)
A number of transitional provisions under NSW's Work Health
and Safety Regulation 2011 have been amended, affecting the design
of structures, licensed asbestos work, mines and coal work places,
high risk work and demolition work. Various amendments have been
made , including Criteria relating to prohibited and restricted
carcinogens and hazardous chemicals (06 November 2012). The Work
Health and Safety Amendment (Miscellaneous) Regulation 2012.
More... The Work Health and Safety Regulation 2011.
More...
NSW: Workers reminded to renew high-risk work
licences
WorkCover NSW is again reminding workers qualified to operate
high-risk plant and equipment to review, and if necessary renew,
their licences before the end of this year, 31 December 2012
High-risk work licences are needed to operate a range of machinery
including forklifts and cranes, and pressure equipment such as
boilers and turbines. They are also required in order to carry out
scaffolding, rigging and dogging work (06 November 2012)
More...
QLD: Tree felling and forest harvesting
The purpose of this safety alert is to highlight the risks
associated with tree felling.
Background. A self-employed timber cutter died on a property near
Calliope from head injuries sustained after a branch fell on him.
The
Forest Harvest Code of Practice 2007 provides advice
and guidance to achieve worker health and safety required by
legislation. (November 2012)
More...
VIC: Risk of fire in engine compartment of Mercedes Benz
bus
Operators of this model bus should consider inspecting their buses
and updating their inspection checklist to include these two areas.
The wiring loom discussed in point 2 above can be viewed by opening
the internal rear floor cover to the engine compartment (15
November 2012)
More...
Cases
Inspector Nicholson v Gallagher [2012] NSWIRComm
121
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) by
virtue of s 26(1) of the Occupational Health and Safety Act 2000 -
defendant a director of a corporation - corporation went into
voluntary liquidation after incident - risk of injury by coming
into contact with dangerous moving parts of conveyor machine at
waste recycling and disposal plant - employees required to transit
in close proximity to conveyors - conveyor unguarded on day of
incident - young and inexperienced worker exposed to risk -
inadequate supervision - worker became entangled in conveyor -
serious injury suffered - plea of guilty - sentencing - objective
factors - maximum penalty - risk was foreseeable - systems in place
prior to incident inadequate - simple remedial measures available -
general and specific deterrence - culpability of defendant -
defendant "hands on" manager - no aggravating factors -
mitigating factors - offence serious - subjective factors - remorse
and contrition - assistance to injured worker - impact on defendant
- co-operation with prosecutor - discount for plea - first offence
- consideration of s 6 of the Fines Act 1996 and the
defendant's capacity to pay - discretion exercised to reduce
penalty under Fines Act - strength of financial evidence before the
Court affected by absence financial material - some reduction in
penalty by virtue of mitigating and subjective factors - penalty
imposed - moiety - costs reserved.
More...
Legislation
NSW
Regulations and other statutory instruments
Work Health and Safety Amendment (Miscellaneous)
Regulation 2012 SLI No. 544, 2012
The objects of this Regulation are to: (a) prescribe an Act as a
corresponding WHS law for the purposes of the Work Health and
Safety Act 2011, (b) extend provisions of the WHS Act relating to
confidentiality of information to information obtained under the
Occupational Health and Safety Act 2000, (c) to prescribe Acts for
the purposes of the administration or enforcement of which certain
information obtained under the WHS Act or the OHS Act may be
disclosed, (d) revise the time frames applying to internal reviews
of decisions under the Work Health and Safety Regulation 2011 in
line with those under the Administrative Decisions Tribunal Act
1997, and (e) update certain criteria relating to prohibited and
restricted carcinogens and hazardous chemicals – made 09
November 2012.
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.