Work Health & Safety - What's News - 4 June 2013

In the media

Inadequate processes lead to amputation, fines
TRANSFIELD Services Engineering Group (TSEG) was fined $100,000 after a 45-year-old dogman had to be amputated following serious injuries at the Port Kembla exporting terminal (30 May 2013). More...

Ferro Con SA pleads guilty over worker's death at Adelaide desalination site
A company charged over a worker's death at Adelaide's desalination plant has pleaded guilty to breaching workplace safety laws (30 May 2013). More...

Danger of asbestos demands national approach
The Minister for Employment and Workplace Relations, has directed the Office of Asbestos Safety to coordinate a national response and work with Telstra and its contractors on a best practice approach to asbestos safety, following recent instances of potential asbestos exposure (29 May 2013). More...

Decapitation death: company's legal bid fails
One of Australia's largest chicken producers has failed in a bid to have a court overturn a ruling that two of its employees be forced to speak to Victoria's workplace safety watchdog over the decapitation of a worker at a Laverton processing plant three years ago (30 May 2013). More...

WA energy provider fined over teen's electrocution
A West Australian energy utility has been fined more than $100,000 over the electrocution of a teenager in Geraldton (28 May 2013). More...

Compliance notices issued over asbestos
A total of 74 compliance notices have been issued to 11 licensed asbestos removers as a result of a joint audit by SafeWork SA and the Environment Protection Authority (23 May 2013). More...

High risk QLD industries awarded $500,000 for safety programs
Queensland businesses have been awarded nearly $515,000 to fund innovative programs which will make workplaces safer and healthier. According to Workplace Health and Safety Queensland, the funding was provided under the government's High Risk Industry Work Health Funding Program (23 May 2013). More...

Crackdown on work sites for apprentices
Apprentices completing high-risk work on Canberra construction projects sites will be safer under a renewed crackdown by WorkSafe ACT, with Commissioner Mark McCabe releasing two sets of guidance requirements for apprentice supervision. This includes bans on apprentices and trainees working without mandated supervision and working without required accreditation (21 May 2013). More...

In practice and courts

SafeWork Australia: Guide for handling and transporting cash
This Guide provides practical guidance for persons conducting a business or undertaking about managing health and safety risks associated with handling and transporting cash. This includes managing the risk of robbery and armed hold-ups (28 May 2013). More...

NSW WorkCover: Position paper protective structures for earthmoving equipment
This Position Paper clarifies provisions in the Occupational Health and Safety Regulation 2001 (OHS Regulation 2001) for fitting protective structures to earthmoving equipment as defined by the Regulation (May 2013). More...

NSW WorkCover alert: Safe work around cellar door hatches in the hospitality industry
This safety alert reminds person conducting a business or undertaking's (PCBU's) Controllers of Premises where cellar trapdoors are used to access basement type cellars that controls must be implemented to prevent persons from falling into the open cellar door in a busy public area (May 2013). More...

QLD: Petroleum and Gas Safety Alert 56 - Unapproved imported refrigerator model XC-60
Imported three-way absorption refrigerators were advertised on eBay with a statement that the associated gas equipment was Australian Gas Association (AGA) approved and even including a warning to never purchase gas equipment without an AGA approval label attached. However, the refrigerator itself was not AGA-approved (28 May 2013). More...

QLD: Mines Safety Bulletin 133- Preventing serious hand injuries
Hand injuries are the second most commonly reported lost time injuries in the Queensland mining industry after back injuries. Approximately 16%, or 275, of all lost time injuries reported in the period 2007–12 were hand injuries. In that five-year period four injury types comprised nearly 80% of all serious hand injuries ( May 2013). More...

Cases

Inspector Brown v Raffo [2013] NSWIRComm 39
Massood Raffo (the defendant) is convicted of the offence. The defendant is fined $7,000 with a moiety to the prosecutor. MRD Future Homes (Aust) Pty Ltd (the defendant) is convicted of the offence. The defendant is fined $70,000 with a moiety to the prosecutor. J&M Costa Enterprises Pty Ltd (the defendant) is convicted of the offence. The defendant is fined $70,000 with a moiety to the prosecutor. OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 - pleas of guilty to offences under s 8(1) and s 10(1) by virtue of s 26(1) - risk of falling through open stairwell void - objective factors considered - subjective factors considered – orders- Crimes (Sentencing Procedure) Act 1999; Occupational Health and Safety Act 2000. More...

Nash v Austerberry Directional Drilling Services Pty Ltd [2013] NSWIRComm 37
The defendant is fined an amount of $170,000 with a moiety thereof to the prosecutor.
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(2) of the Occupational Health and Safety Act 2000 - petroleum and coal seam gas industries - laying underground pipeline - extraction of pipe - recoil - fatality - objective seriousness - absence of risk assessment - reasonably foreseeable risk to safety - existence of simple and straightforward remedial steps - general deterrence - specific deterrence - measures introduced to minimise and eliminate risks - subjective factors - good corporate citizenship - victim impact statement - no prior conviction - plea of guilty - penalty – costs - Crimes (Sentencing Procedure) Act 1999 and Occupational Health and Safety Act 2000. More...

Legislation

NSW

Proclamations commencing Acts
Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Act 2012 No 90 (2013-233) — published LW 31 May 2013.

Regulations and other statutory instruments
Heavy Vehicle (Fatigue Management) National Regulation under the Heavy Vehicle National Law (2013-245) — published LW 31 May 2013.
Heavy Vehicle (General) National Regulation under the Heavy Vehicle National Law (2013-246) — published LW 31 May 2013.
Heavy Vehicle (Mass, Dimension and Loading) National Regulation under the Heavy Vehicle National Law (2013-247) — published LW 31 May 2013.
Heavy Vehicle (Vehicle Standards) National Regulation under the Heavy Vehicle National Law (2013-248) — published LW 31 May 2013.
Marine Safety Amendment (Domestic Commercial Vessel National Law) Regulation 2013 (2013-239) — published LW 31 May 2013.

Bills introduced etc Government
Heavy Vehicle (Adoption of National Law) Bill 2013
Public Health Amendment (Vaccination of Children Attending Child Care Facilities) Bill 2013
Government Sector Employment Bill 2013
Work Health and Safety (Mines) Bill 2013
For the full text of Bills, and details on the passage of Bills, see Bills.

Queensland

Work Health and Safety Act 2011 Act No. 18, 2011
Commencement: 7/6/2013 (Part*).

Regulations released on 31 May 2013
No 78: Heavy Vehicle (Fatigue Management) National Regulation
Heavy Vehicle National Law as applied by the Heavy Vehicle National Law Act 2012 (Qld) and by the law of States and Territories.
No 79: Heavy Vehicle (General) National Regulation
Heavy Vehicle National Law as applied by the Heavy Vehicle National Law Act 2012 (Qld) and by the law of States and Territories.

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.