Australia: Work Health & Safety - What's News - 23 October 2013

Last Updated: 25 October 2013

In the media

Nationwide cooperation required to control and prevent Legionella
Chief Health Officer Dr Jeannette Young's Review of the prevention and control of Legionella pneumophila infection in Queensland was tabled in Parliament today and detailed numerous areas for improvement (17 October 2013). More...

ATVs still worst killer
Quad bikes and tractors remain the biggest killers on Australian farms. Research released today by the Australian Centre for Agricultural Health and Safety shows 43 people have died in on-farm incidents this year (16 October 2013). More...

'Pick and choose' auditing worries truck regulator
The head of the new national organisation in charge of regulating large trucks has agreed with concerns raised about the standard of safety auditors after the double fatality in Mona Vale caused by an out-of-control Cootes fuel tanker this month (14 October 2013). More...

Workplace safety in the spotlight as injuries soar in area
Safety at work is in the spotlight after new figures revealed the Central Queensland/Wide Bay region accounts for 11% of all serious injuries in Queensland (11 October 2013). More...

Doctor concern a mandatory reporting system aimed at making roads safer could be achieving the opposite effect
In South Australia, doctors are obliged to report patients who are suffering from sleep apnoea who might be a risk to other drivers or themselves. Doctors argue the law needs to change so the responsibility for reporting to the licensing authority is put on the driver (11 October 2013). More...

Be safe with powered tools, urges WorkCover,/br> The WorkCover NSW reminder comes after the wood products manufacturing industry was identified as one of the state's highest risk industries with 1,965 workers compensation claims in the three years to 2010 at a cost of $19.5 million to the NSW workers compensation scheme (08 October 2013). More...

Ballarat businesses fined after unsafe asbestos removal,/br> Two Ballarat businesses that failed to take appropriate safety measures when dealing with asbestos materials were fined yesterday in Ballarat Magistrates Court, where they pleaded guilty to charges under the Occupational Health and Safety Act (07 October 2013). More...

Published – articles, papers, reports

Model Codes of Practice - Excavation work
Author: Safe Work Australia
This model Code of Practice has been developed to provide practical guidance for persons conducting a business or undertaking on how to manage the health and safety risks associated with excavation work. This Code applies to all types of excavation work, including bulk excavations more than 1.5 metres deep, trenches, shafts and tunnels (17 October 2013). More...

2013 major accident investigation report
Author: Owen P. Driscoll; National Truck Accident Research Centre (NTARC)
This report continues a series of longitudinal studies involving the tracking of a workforce of Australian heavy vehicle drivers involved in accidents, since 1998 (08 October 2013). More...

Quad bike fatalities in 2013
Author: Safe Work Australia
As of 8 October 2013, 14 people have been killed while riding a quad bike. Six of these deaths were the result of a roll over. More...

In practice and courts

Warning about Infinity and Olsent-branded TPS or orange circular electrical cable
Recent testing found that the cable is non-compliant with poor quality insulation that could deteriorate prematurely and cause fires or the risk of electric shock. Infinity Cable Co Pty Ltd recalled certain cables sold at Masters Home Improvement from April 2012 to August 2013 (15 October 2013). More... More...

NSW Workcover: Mind the gaps on amusement rides
This alert highlights the potential risk of patrons – particularly children – falling through unprotected gaps on amusement rides and urges operators to ensure safe entry and exit measures are in place (October 2013). More...

QLD: Fair Trading (Safety Standard) Regulations 2013
The Fair Trading (Safety Standard) Regulations 2013 comes into force 21 October 2013 and revises the prescribed safety standards for short-term accommodation. For more information see the Office of Fair Trading media release.

QLD: Explosives Security Alert 10: Explosives stolen from loaded shot underground
People who were not security cleared and not authorised to access explosives were legitimately allowed to be in the general area near the explosives. The alert recommends ensure only security cleared persons have the ability to gain unsupervised access to explosives and the exclusion zone with security and access control measures outlined (16 October 2013). More...

QLD: Explosives Safety Alert 73 - Explosives loads unfit for transport
Inspect all tilt cylinder eyelets on all Normet vehicles on site to ensure the eyelets are in serviceable condition. Ensure that tyres fitted to all Normet vehicles are as per OEM specifications (09 October 2013). More...


Inspector Christensen v P & M Quality Smallgoods Pty Ltd [2013] NSWIRComm 91
The defendant is fined an amount of $110,000 with a moiety thereof to the prosecutor. OCCUPATIONAL HEALTH AND SAFETY - Meat processing industry - Contractor injured when concrete saw struck pipe containing butane gas - Prosecution under s 10(1) of Occupational Health and Safety Act 2000 - Plea of guilty - Sentencing principles - Fine imposed. More...

Masterton Homes Pty Limited v WorkCover Authority of New South Wales (Inspector Batty) [2011] NSWIRComm 102
Leave to appeal, if required, is granted. APPEAL - OCCUPATIONAL HEALTH AND SAFETY - subcontractor injured while working at building site - appellant principal contractor at the site - challenge to jurisdiction - whether charge under s 8(2) of the Occupational Health and Safety Act 2000 (the Act) pleaded an identifiable risk to safety - whether the charge particularised with sufficient precision the alleged omissions or measures not taken - distinction between "means" and "measures" considered - whether errors in the reasoning process of the Chief Industrial Magistrate (the CIM) - whether the appellant was accorded procedural fairness in the hearing below - whether the CIM's failure to require the respondent to provide particulars of the offence alleged in the charge constituted an error - whether the CIM erred in law in relation to the findings of guilt - whether the CIM erred in his consideration of the statutory defence under s 28(a) of the Act - appeal upheld on basis of defect in first particular of the charge and as a consequence of the CIM's failure to give adequate reasons which constituted a denial of procedural fairness - matter remitted to Local Court to determine according to law – costs. More...

Inspector Christensen v MVM Rail Pty Ltd [2013] NSWIRComm 89
Matter No IRC 282 of 2011 - The defendant is fined an amount of $66,000. Matter No IRC 283 of 2011- (2) The defendant is fined an amount of $94,000. OCCUPATIONAL HEALTH AND SAFETY - Fatality - Worker killed and other seriously injured when struck by rail panel being lifted into position - Rail industry - Contravention of ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000 - Guilty pleas - Sentencing - Application of relevant principles including totality - Fines imposed - Occupational Health and Safety Act 2000. More...

Inspector Cooper v J I T Offset Pty Ltd [2013] NSWIRComm 90
In relation to Zac's Packs Pty Ltd:) the defendant is fined the sum of $115,000. In relation to J I T Offset Pty Ltd: the defendant is fined the sum of $90,000. OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) and s 8(2) - related companies conduct box printing and manufacturing at same premises - large printing press used to produce a range of printed paper card finishes for paper box products - operation of printing press required regular changing of varnish plate on varnish cylinder - in the course of changing a plate worker suffers hand injury - little finger and two other fingers caught in unguarded nip point - serious injuries suffered - defendants enter early guilty plea - serious breach established - foreseeability considered - extensive safety system otherwise in use at premises - general and specific deterrence considered - numerous subjective factors - previous offences - parity addressed - offences proved - penalties imposed - Crimes (Sentencing Procedure) Act 1999; Legal Profession Act 2004; Occupational Health and Safety Act 2000. More...



Bills introduced etc Government

Explosives Amendment Bill 2013

Work Health and Safety Amendment Bill 2013
Summary: An Act to amend the Work Health and Safety Act 2011 to make further provision for proceedings for offences and for savings and transitional regulations. 16/10/2013 Intro Assembly; 16/10/2013 Notice of Motion in Assembly: (Constance, Andrew).



No 199: Food Production (Safety) Amendment Regulation (No. 1) 2013 – 04-10-2013. Food Production (Safety) Act 2000 - s 27 (Fees for accreditation); Amendment of s 28 (Fees for approval as auditor) and Replacement of sch 1 (Fees) - Commencement 1/01/2014.

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