In the media
Company fined over highway death
A construction company has been fined $350,000 for failing to
ensure the safety of an employee who was fatally crushed between
two heavy vehicles at a Hume Highway upgrade site. A WorkCover
investigation found Leighton did not ensure adequate safety when
vehicles were refuelling at the site (14 December 2012).
More...
New approach can reduce occupational health hazard risks
in construction workers
Some of the most pressing occupational health hazard risks in
construction" are associated with masonry operations, asphalt
roofing, and welding, according to an article recently accepted by
the Journal of Civil Engineering and Management (11 December 2012).
More...
Newcastle Go-Kart business owner fined after Yagoona
woman dies
Employers are obligated under OHS laws to become aware of and
comply with the Australian Standards that apply to their
operations, the NSW Industrial Court has stressed. The Port
Stephens Go Karts owner was charged with a breach of the
Occupational Health & Safety Act 2000, with the Industrial
Court of NSW fined him $32,000 and ordered him to pay $18,000 in
court costs (12 December 2012).
More...
Inspectors to visit building sites, educate
workers
Canberra's construction sector has been in the spotlight for
several months, with an ACT government inquiry into safety in the
industry finding a ''distressing safety record'' of
four deaths and many injuries since December last year, and making
28 recommendations for change (11 December 2012).
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ACT to move on shoddy engineers
The ACT could become the second jurisdiction in Australia to
register engineers in an attempt to crack down on shoddy operators
who have been responsible for serious construction collapses in the
territory in recent years (10 December 2012).
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Companies fined for lost leg
Two companies have been fined more than $250,000 for a workplace
accident in which a man's leg was crushed while he was working
on a reservoir at Eraring power station. Justice Haylen said they
had failed to provide a safe system of work and did not provide
adequate equipment (06 December 2012).
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Steel company cops $56,000 fine
An Adelaide steel blasting company has been fined $56,000 over an
accident that left a worker with a permanent leg injury. In
sentencing the industrial court said the company had not carried
out "hazard identification or risk assessment" on the
trolleys before use (05 December 2012).
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Industry commits to safety following WorkCover Crane
Roundtable
A commitment to maintain and improve tower crane safety and
emergency evacuation procedures in the building industry was the
key outcome from WorkCover NSW's Crane Safety Roundtable. This
was attended by representatives of the building industry, unions,
crane suppliers (05 December 2012).
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Mildura laundry owner fined $50,000 for bullying
workers
The former owner of an industrial laundry in Mildura who subjected
his staff to physical, psychological and verbal bullying over a
two-year period was today convicted and fined $50,000 and ordered
to pay $50,000 in costs (05 December 2012).
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Fire protection standards updated
Standards Australia has published a new edition of AS 1851-2012,
Routine service of fire protection systems and equipment, to
upgrade fire safety standards across Australia. The update sets out
requirements for the routine servicing (inspection, testing,
preventive maintenance and survey) of fire protection systems and
equipment and highlights that there is no capital cost expenditure
requirement to adopt the latest standard (05 December 2012).
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Work-related Traumatic Injury Fatalities, Australia
2010–11 report released
Data released today by Safe Work Australia shows the lowest number
of Australian worker fatalities in eight years. The Agriculture,
forestry and fishing industry had the highest number of fatalities
with 60 deaths in 2010–11. This was followed by the
Transport, postal and warehousing industry with 42 deaths and the
Construction industry with 39 (03 December 2012).
More...
In practice and courts
NSW WorkCover Task Force safety inspections for glass
industry
A WorkCover NSW Task Force this week commences visits to 60 glass
manufacturing businesses throughout Sydney, the Hunter and
Illawarra in an effort to improve safety in the industry. During
the visits inspectors will also provide advice and assistance on
workers compensation, injury management and return to work policies
and procedures (03 December 2012).
More...
Safety Alerts and guides
QLD: Mines Safety Alert 297: Unplanned movement of
material in ROM hopper: 3 December 2012
Department of Natural Resources and Mines – recommends all
material is removed from dump pockets, chutes and apron feeders
before working above or below these installations, or, a physical
barrier or control put in place to prevent unplanned material flow
or inundation.
More...
New Standards December 2012
AS/NZS 60079.33:2012
Explosive atmospheres - Equipment protection by special
protections.
More...
AS 1851-2012
Routine service of fire protection systems and equipment.
More...
Cases
Inspector Barber v Leighton Contractors Pty Limited
[2012] NSWIRComm 145
The defendant is fined an amount of $350,000.
OCCUPATIONAL HEALTH AND SAFETY - Prosecution for breach of s 8(1)
of Occupational Health and Safety Act 2000 - Fatality -
Construction Industry - Employee struck by front end loader - Plea
of guilty - Factors relevant to sentencing - Prior convictions -
Defendant convicted of offence - Victim impact statements - Penalty
imposed. More...
Inspector Howett v K T Regal Pty Ltd [2012] NSWIRComm
144
The defendant, K T Regal Pty Ltd, is is fined an amount of
$200,000.
The defendant, Kevin Tolson, is is fined an amount of
$15,000.
OCCUPATIONAL HEALTH AND SAFETY - Prosecutions for breach of s 8(1)
of the Occupational Health and Safety Act 2000 - Mushroom growing
industry - Pleas of guilty by corporate defendant and director of
corporate defendant - Employee's arm became entangled in Winch
whilst operating with no safety guard - Limb amputated - Victim
Impact Statement - Guilty findings - Convictions - Penalties
imposed. More...
Inspector Brandie v Hogan [2012] NSWIRComm
138
The defendant is fined the sum of $32,000
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(2) of the
Occupational Health and Safety Act 2000 - defendant employer
operated go-kart business - go-karts rented to members of the
public to ride on a track at defendant's workplace - risk of
injury to persons operating go-karts as a result of loose or baggy
clothing becoming caught in moving parts of go-karts - patron of
business wearing hijab - loose material of the garment not
restrained - material became entangled in left rear axle of go-kart
- patron strangled - fatality - plea of guilty - sentencing -
objective factors - maximum penalty - Australian Standards relevant
to assessment of objective seriousness of offence, not aggravation
- defendant did not conform with guidelines set out therein - risk
foreseeable - simple remedial steps available - general deterrence
- specific deterrence minimal - defendant's level of control of
business considered - limited "hands on" role in business
at time of incident - defendant's responsibility to ensure
safety at workplace could not be delegated to employees - offence
serious - subjective factors - remorse and contrition -
co-operation with the prosecutor - discount for plea - early plea -
consideration of financial means of defendant - no claim for
impecuniosity - no basis for reduction in penalty on financial
grounds - reduction in penalty by virtue of mitigating factor and
subjective factors - penalty imposed - moiety – costs More...
Inspector Bultitude v Eagles [2012] NSWIRComm
139
OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1), s 8(2), s 26(1) -
work being performed from scaffolding on construction site -
scaffolding used by sub-contractors - sub-contractor removes ledger
support to enable work to be performed in confined space - ledger
not replaced - next sub-contractor to use scaffolding falls when
work platform collapses because of absence of ledger support -
requirement for weekly inspection of scaffolding - no inspections
carried out - unqualified persons prohibited from adjusting or
altering scaffolding - scaffolding altered on two occasions by
unqualified person - serious injuries received in fall - guilty
pleas entered by three defendants - offences found against
construction manager, painting company sub-contractor and its
director - serious breach - general and specific deterrence -
subjective factors - early pleas entered - fines imposed More...
Inspector Halcroft v Hardy Bros Mining and Constructions
Pty Ltd [2012] NSWIRComm 140
(a) the defendant, WesTrac Pty Ltd, is fined the sum of
$150,000
(a) the defendant, Hardy Bros Mining and Constructions Pty Ltd
is fined the sum of $105,000
OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) s 8(2) s 26(1) -
construction of dam on mine site - sub-contractor using leased
dozer - need to repair ripper tine - repairs the responsibility of
company leasing dozer to sub-contractor - lack of appropriate
lifting gear at site - repairs attempted in field - heavy tine
falls during lift - leasing company employee suffers loss of leg in
accident - serious risk foreseeable - leasing company bears most
responsibility for accident - defects in systems used by all
defendants - general and specific deterrence - subjective factors
considered - contrition and remorse demonstrated - application
under s 10 (Crimes) Sentencing Procedure) Act - application refused
- penalties imposed More...
Inspector Brandie v Phillips [2012] NSWIRComm
137
the defendant is fined the sum of $75,000
OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) s 66(a) - roofing
work performed at height - fragile skylight not discovered prior to
work commencing nor lack of safety net - employee falls nearly 9m -
serious injuries suffered in fall - Inspector issues a s 62 notice
to attend for interview - refusal to attend interview - pleas of
guilty entered shortly before trial - both offences held to be
serious breaches of Act - comprehensive failure of safe work system
exposed - general and specific deterrence - subjective factors
considered - penalties imposed More...
Inspector Ankucic v State of New South Wales (NSW Police
Force) [2012] NSWIRComm 135
The defendant is fined an amount of $300,000 with a moiety thereof
to the prosecutor.
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) of the
Occupational Health and Safety Act 2000 - NSW Police - officers
undertaking pre-planned stationary speed enforcement activity -
fatality - objective seriousness - repeat offence - general and
specific deterrence - subjective considerations - foreseeable risk
- simple remedial measures available - serious offence - remorse -
contrition - victim impact statements - plea of guilty - penalty
imposed More...
Legislation
Commonwealth
Work Health and Safety Amendment Regulation 2012 (No. 1)
SLI 2012 No. 291
This regulation amends the Work Health and Safety Regulations 2011
to repeal subregulation 727(2), extend the transitional period for
obtaining a high risk work licence for the operation of a reach
stacker, amend Schedule 2 to include a new fee for the issue of a
general construction induction card, and correct a minor drafting
error in Schedule 2. (Registered 12 December 2012). More...
NSW
Other events
Rail Safety National Law National Regulations 2012(2012-617)
— published LW 13 December 2012
Regulations and other statutory instruments
Dams Safety Amendment (Prescribed Dams) Proclamation
2012(2012-602) — published LW 7 December 2012
Rail Safety (General) Amendment (Offences) Regulation
2012(2012-598) — published LW 6 December 2012
Victoria
Acts as passed
No. 75: Road Safety Amendment (Operator Onus) Act
2012
Assent: 4/12/2012 SG (No. 417) 4/12/2012 p. 1Commencement:
NYP
Not yet in operation: Ss 1-13
Statutory Rules
No. 152: Electricity Safety (Equipment Efficiency)
Revocation Regulations 2012
Date of Making: 11/12/2012 Commencement: 01/01/2013: reg 3
Not yet in operation: Regs 1-4: on 01/01/2013: reg. 3 Sunset Date:
11/12/2022
Victorian Acts can be viewed online. 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.
