ARTICLE
13 September 2013

Work Health & Safety - What's News - 11 September 2013

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.
The newsletter includes links to recent media releases, reports, cases and legislation relating to work health & safety,.
Australia Employment and HR

In the media

Stricter laws crack down on non-compliant steel storage materials
The Australian Steel Storage Manufacturers Group (the Group) has issued a warning to the Australian industry that they could face legal action or exposure to health and safety risks by purchasing imported steel storage products that fail to observe Australia's established design and manufacturing standards (05 September 2013). More...

WorkSafe shines safety spotlight on livestock farms
The safety authority says deaths at agricultural businesses are far too common in Victoria. WorkSafe's Peter Flaherty says almost half of the 1,000 serious injury claims it received over the past two years involved livestock farms (05 September 2013). More...

Workcover urges safety with machinery and equipment
As one of the most common causes of injury in NSW workplaces, WorkCover NSW is reminding business of the importance of working safely with plant and equipment and offering $500 rebates to help local small businesses make safety improvements (04 September 2013). More...

Missing machine guard leads to penalty and crushed thumb
A tubing and electrical components manufacturer in South Australia has been fined $28,000 plus legal fees after an employee's right thumb was crushed by a crimping machine where the guard was not in place (02 September 2013). More...

Safety device to protect rail employees
A safety beacon designed in Australia that warns rail workers about oncoming trains is set to launch this week. The Track Awareness Support System' or TASS is a portable beacon that feeds into the Australian Rail Track Corporation's 3G train communication network (28 August 2013). More...

Spot the hazard: new interactive workplace safety app for mining
Learning about workplace safety in the mining sector and other high-risk industries could soon rev up a notch with a new tablet-based app called RiskSpotter (26 August 2013). More...

Rogue truckies still modifying speed limiters
Tampering of speed limiter devices is continuing at alarming rates within the trucking industry despite an unprecedented 18-month crackdown on rogue operators after a triple fatality crash. Of the 7474 trucks recently inspected by police and Roads and Maritime Services' Joint Heavy Vehicle Task Force, 245 had non-compliant speed limiters (26 August 2013). More...

In practice and courts

QLD: DEIR Safety alert: Bi-fold horizontal workshop doors
The purpose of this safety alert is to highlight the potential risks associated with the use of horizontal industrial bi-fold doors and the requirements for inspection, maintenance and testing (26 August 2013). More...

QLD: DEIR Safety alert: Emergency plans for recreational diving and snorkelling
Workplace Health and Safety Queensland is issuing a safety alert following instances where recreational diving and snorkelling businesses have failed to respond effectively, efficiently and in a timely manner to an emergency situation (updates 26 August 2013). More...

ACCC recalls - Aqua Lung Australia Pty Ltd—Suunto Oy High Pressure Rubber Diving Hose 27 August 2013. More...

Cases

Inspector Mason v Graham Allen Chapman & anor [2013] NSWIRComm 71
The defendant is fined in the sum of $40,000 with a moiety to the prosecutor; OCCUPATIONAL HEALTH AND SAFETY - prosecution of corporation under s 10(1) of the Occupational Health and Safety Act 2000 - prosecution of director of corporation under s 10(1) by virtue of s 26(1) - corporation owner and controller of premises - premises a disused abattoir - work being undertaken to evaluate the suitability of converting the premises into a mushroom farm - work included the detachment of evaporator units suspended above the floor in the abattoir's former cool rooms - risk that persons at work at the premises detaching evaporator units would be struck by an evaporator unit - ad hoc method developed for removal of evaporator units - no persons at premises with appropriate rigging qualifications or experience removing evaporator units - worker departed from ad hoc method - worker unsupervised - worker struck by falling evaporator unit and injured - pleas of guilty - sentencing - objective factors - maximum penalty - risk was foreseeable - inadequate systems in place prior to incident - simple remedial measures available - general deterrence - corporation no longer operative - individual defendant no longer working and unlikely to do so in the future due to ill health - negligible element of specific deterrence - culpability of individual defendant - individual defendant "hands on" - culpability the same as the corporate defendant - offence reasonably serious - subjective factors - remorse and contrition - assistance to injured worker and family - co-operation with the prosecutor - discount for pleas - first offenders - consideration of s 10A of the Crimes (Sentencing Procedure) Act 1999 - section not applied - s 6 of the Fines Act 1996 applied in respect of each defendant - each defendant facing financial difficulty and a reduced capacity to pay any fine - some reduction in penalty - penalties imposed - moiety – costs. More...

Legislation

Commonwealth

Poisons Standard Amendment No. 2 of 2013
This instrument amends the Poisons Standard 2013.
The following amended entry for paracetamol arose from a decision of the delegate published in May 2012, with a delayed implementation date of 1 September 2013 - Registered 27 August 2013. More...

NSW

Regulations and other statutory instruments
Explosives Regulation 2013 (2013-476) — published LW 30 August 2013.

Gas Supply (Safety and Network Management) Regulation 2013 (2013-478) — published LW 30 August 2013.

Bills introduced – Government
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More