In the media
The Australian Government's Aviation Safety
Regulation Review
The Report confirms that Australia has an excellent safety record
and an advanced aviation regulatory system. The review makes 37
recommendations for the Government to consider which collectively
would represent the biggest reform in aviation regulation in
decades (05 June 2014)
More...
Harassment and bullying cost you plenty
Work pressure, harassment and bullying are still costing workers
and employers many weeks off work and thousands of dollars for
individual compensations claims. Workers under the pump who lodged
mental stress claims took off a median 9.6 weeks with the median
cost of each claim being $19,700, says the latest data from Safe
Work Australia (05 June 2014) For more details, please see here
data. More...
Workers are sick and tired of it
Forty-five per cent of workers left their jobs because their
workplaces had poor mental health environments, says a new survey
from Instinct and Reason. Significant proportions of all age groups
said they left their jobs because of their workplaces' poor
mental health support, but it was a greater motivator for younger
workers to leave. For more detail, visit
the survey. (05 June 2014)
Kenoss Contractors, senior manager charged over 2012
worker fatality
WorkSafe ACT has charged construction company Kenoss Contractors,
and one of its senior managers, over the death of a worker two
years ago. His was one of three construction site deaths which led
to the Getting Home Safely report, which delivered a
scathing assessment of safety awareness in the sector (03 June
2014)
More...
Examples of best practice in rehabilitation and return
to work
Comcare encourages continued investment in rehabilitation systems
and return to work practices to help get people back to work,
faster. Getting team members back into work – at some
capacity - quickly after illness or injury has positive impacts on
their quality of life and reduces claim costs (02 June 2014)
More...
Scott's Transport and two senior staff have incurred
record fines of $1.25m over speeding
A spokesman for the NSW Roads and Maritime Services said it was
the highest total fine imposed by a court in that state since
'chain of responsibility' laws were introduced in 2005 to
make company owners more accountable for the safety of their fleets
(02 June 2014)
More...
Safety code rejection angers dock union
Dock workers have launched a fierce attack on industry bosses for
trashing a proposed safety code just eight days after an employee
was crushed to death on Melbourne's wharves. A stevedoring code
of practice is being developed by Safe Work Australia through a
working group of regulators, stevedoring companies and the union
(02 June 2014)
More... MUA
Media Release
ACT workplace death case the first to charge
manager
The ACT will be the first jurisdiction to charge a senior company
manager over the death of a worker in a workplace accident. The
company and a senior manager were charged last month but the case
has been weighed down in legal argument about whether Kenoss can
respond to the charges, having gone into involuntary liquidation
last year (02 June 2014)
More...
SITA, Adecco fined $5000 for worker's death at Evatt
shops
A national corporation says it has tightened its safety regime
after one of its employees was fatally pinned to a hopper. A
Canberra court convicted two companies – the employer SITA
Australia and labour hire company Adecco Industrial Pty Ltd –
of negligence for failing to comply with safety duties (29 May
2014)
More...
Report reveals raft of safety failings led to 2012
mining accident
An accident that cost a Broken Hill man his leg happened because
of a raft of safety oversights, a report's revealed. The NSW
Mine Safety Investigation Unit's final report found there was
no supervisory oversight of Mr Pollard's task, and that parts
of the fall safety equipment was not fit-for-purpose (29 May 2014)
More...
Mine safety in spotlight as industry tightens belt - ABC
Rural
Western Australia's Chamber of Minerals and Energy is urging
mining companies to reassess their occupational health and safety
plans in the wake of industry belt tightening (28 May 2014)
More...
Staff who gamble on company devices could pose a risk
for employers
Employers may find themselves responsible for staff who gamble at
work. People punting on their work computer or company-issued
smartphone are a danger for employers at risk of breaching work
safety rules if staff become problem gamblers (26 May 2014)
More...
Hairdressing salon owners fined for using unsafe
products
The former owners of a Sydney hairdressing business have been
fined $25,000 each for not ensuring keratin products in their salon
were safe for use. George and Marie Karam pleaded guilty in the
Local Court of NSW last month to two offences under Section 33 of
the Work Health and Safety Act 2011 for failing to comply with work
health and safety obligations (23 May 2014)
More...
Published – articles, papers, reports
Preventing psychological injury under work health and
safety laws fact sheet
Author: SafeWork Australia: 26 May 2014
This Fact Sheet provides information to persons conducting a
business or undertaking (PCBU) and workers on how to address
psychological health risks under the Work Health and Safety (WHS)
Act to ensure the health, safety and welfare of all persons at
work.
Preventing psychological injury under work health and safety laws
fact sheet
Guide to managing risks when new and inexperienced
persons interact with horses
Author: SafeWork Australia: 06 June 2014
This Guide provides information for persons conducting a business
or undertaking on how to manage risks that may be faced by new or
inexperienced workers when interacting with horses. This Guide may
also assist other people who interact with horses at a workplace,
for example teachers, volunteers or visitors
More...
Psychosocial Health and Safety and Bullying in
Australian Workplaces
Author: SafeWork Australia: 30 May 2014
The data presented in this statement are accepted workers'
compensation claims caused by mental stress. This mechanism of
injury or disease is assigned to claims when an employee has been
exposed to one of a range of stressors e.g. harassment or bullying,
traumatic events or unreasonable work pressure, that has caused an
injury or disease. Mental stress claims provide a source of
information on the psychosocial health abd safety status of
Australian workplaces
Psychosocial Health and Safety and Bullying in Australian
In practice and courts
Comcare: Best Practice June 2014
Comcare is providing
best practice examples of how employers are reaping the
productivity and cost benefits of investing in rehabilitation and
return to work (02 June 2014)
Comcare National Conference 2014
The 2014 Comcare National Conference returns to Melbourne from
9–11 September 2014 at the Melbourne Convention and
Exhibition Centre. Visit the 2014 Comcare National
Conference website to register your interest to attend or be
involved as a sponsor/exhibitor.
Origin Alliance Case Study
A new case study examining the award winning safety management
system used by the Origin Alliance on their Ipswich Motorway
Upgrade: Dinmore to Goodna (D2G) project has been published on www.fsc.gov.au (28 May 2014)
More...
QLD DEIR: Interstate licences
All current photographic high risk work (HRW) licences, regardless
of which state or territory they were issued in, are recognised
nationally. If your current interstate photographic HRW licence is
due to expire, it can be converted to a Queensland licence. After
30 June conversion of interstate licences will not be managed
through Australia Post (05 June 2014)
More...
QLD DEIR: Changes to codes of practice
On 30 May 2014, the new First Aid in the Workplace Code of
Practice 2014 was approved under the Work Health and Safety Act
2011 (PDF, 1.42 MB). This replaces the First Aid Code of Practice
2004 which was revoked on 29 May 2014. The following codes of
practice have been varied under the Work Health and Safety Act 2011
and take effect on 30 May 2014: Managing Noise and Preventing
Hearing Loss at Work Code of Practice 2011; Foundry Code of
Practice 2004; How to Manage and Control Asbestos in the Workplace
Code of Practice 2011 and How to Safely Remove Asbestos Code of
Practice 2011 (30 May 2014)
More...
QLD DEIR: Electrical safety in ceiling spaces
campaign
Homeowners and tradespeople are urged to turn off all the main
power switches at the switchboard before heading up into the
ceiling space. Brochures will be distributed throughout major
metropolitan newspapers, handed to homeowners by electricians and
on display at home hardware stores (06 June 2014)
More...
DEIR: Workplace Health and safety Queensland: Plate
clamps and dropping loads
The purpose of this safety alert is to highlight the risks
associated with plate clamps used to lift loads, and to provide
guidance on ways to use plate clamps safely (22 May 2014)
More...
Explosives Safety Alert 83 - Explosives exposed to
extreme risk on loaded benches
The lead lines of non-electric detonators are being snagged, and
boosters and loaded blast holes are being driven over by vehicles.
In addition, there have been incidents of blast vehicle impacts
involving vehicles not authorised to be on the shot bench. In some
cases, spotters, mandated under the safety management system, were
not used. Recommendations: Establish, maintain and control
exclusion zones under the blast management plan (27 May 2014).
More...
Explosives Safety Alert 84 - Detonator box crushed by
pallet while handling
A box on a pallet of detonators being moved by fork lift from the
magazine fell from the top of the Pallet and was crushed under the
pallet when placed on the ground. On this occasion, one of the
detonator leads was damaged. Recommendations: Secure the contents
of pallets to prevent the movement and loss of packages when
handling (28 May 2014)
More...
Cases
Kay v Sydney Airport Corporation Limited [2014] NSWSC
744
TORTS - Negligence - Causation - two immediate causes of injury -
additional force on plaintiff's shoulder due to her working
overhead which ought to have been mitigated by provision of a
ladder by employer -additional force required to be exerted to
obtain a connection between aircraft and ground power unit due to
third defendant's incorrect orientation of bulge -presumptive
inference of causation from sequence of events open - fact that
plaintiff had inserted incorrectly configured connectors in the
past or the fact that other workers would not have been injured
when inserting connectors not determinative - No contributory
negligence - Second defendant discharged duty to plaintiff by
engaging a reputable and well-qualified contractor (the third
defendant) to perform work and maintenance on airport ground power
units CIVIL PROCEDURE - Limitations - plaintiff's cause of
action not time-barred - Whether the plaintiff knew or ought to
have known that the injury was caused by the fault of the third
defendant - Plaintiff's solicitor's constructive knowledge
not to be imputed to plaintiff- Plaintiff's engagement of
reputable solicitors sufficient to show that plaintiff had not
failed to take reasonable steps - Plaintiff's lack of knowledge
that third defendant was at fault not a result of any failure on
her part to take reasonable steps – judgment for the
defendants More...
Kemp Meats Pty Ltd v Tompkins [2014] QCA
125
TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE –
PARTICULAR CASES – OTHER CASES – where the respondent
slaughterman sustained a workplace injury while employed at the
appellant's abattoir – where the respondent was awarded
judgment in the sum of $337,113.55 – where the appellant
accepted liability for the respondent's injury but alleged that
his negligence in failing to wear cut-resistant gloves provided to
him contributed to the injury – whether the appellant had
"properly instructed" its employees to use the gloves for
the purposes of s 305H(1)(b) of the Workers' Compensation and
Rehabilitation Act 2003 – whether the respondent was
"provided" the gloves for the purposes of s 305H(1)(b) or
s 305H(1)(c) of the Workers' Compensation and Rehabilitation
Act – whether the trial judge erred in finding that the
respondent had not contributed to his injury DAMAGES –
MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT –
MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF
ASSESSMENT – GENERALLY – where the respondent suffered
personal injury in the course of his employment – where the
respondent was awarded judgment in the sum of $337,113.55 –
whether the respondent's pre-existing shoulder injury was
properly taken into account in the award of damages for past and
future economic loss – whether there was evidence justifying
a finding of loss of income by virtue of his loss of the
opportunity to carry out more highly-paid employment –
whether there was error as to the period over which any such
opportunity was lost – whether there was error as to the
period over which the respondent was entitled to compensation for
increased expenses More...
Fisher v Qantas Airways Ltd [2014] QDC
117
DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES
– where the plaintiff injured himself working as a baggage
handler – where aggravation of pre-existing cervical spine
degeneration More...
Thomas Borthwick & Sons (Australia) Pty Ltd v Ataera
[2014] QCA 123
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES
– INTERFERENCE WITH JUDGE'S FINDINGS OF FACT –
FUNCTIONS OF APPELLATE COURT – FINDINGS ON ISSUE OF
NEGLIGENCE – GENERALLY – where the respondent was
employed by the applicant in its meatworks as a "print term
operator" – where the respondent packed product of the
meatworks into boxes for shipment – where the respondent
developed carpal tunnel syndrome first in her right hand and then
later in her left hand – where the respondent alleged that
her work as a print term operator exposed her to a risk of
developing carpal tunnel syndrome and that her injury was caused by
the negligence of the applicant – whether the primary
judge's finding that the respondent would probably not have
developed the condition had an adequate rotation system been in
place lacks sufficient evidentiary support – whether the
primary judge's finding that the respondent's work as print
term operator caused the development of the condition in her left
wrist lacks sufficient evidentiary support More...
Hall v WorkCover Queensland [2014] QCA
135
LIMITATION OF ACTIONS – LIMITATION OF PARTICULAR ACTIONS
– SIMPLE CONTRACTS, QUASI-CONTRACTS AND TORTS – TORT
ACTIONS INVOLVING PERSONAL INJURIES – where the appellant is
the widow of the deceased – where the deceased had been
employed by the respondents – where the deceased was exposed
to asbestos dust during his employment – where the deceased
died of mesothelioma – where at the date of the
deceased's death the three year limitation period for the
commencement of actions for damages for negligence or breach of
duty prescribed by s 11 of the Limitation of Actions Act 1974 (Qld)
had expired – whether the primary judge erred in finding that
the appellant's claim for damages was statute barred More...
Thiess Pty Ltd v Industrial Magistrate Elizabeth Hall
& Ors [2014] QCA 129
MAGISTRATES – GENERALLY – POWERS AND DUTIES –
GENERALLY – where the third respondent filed a complaint
alleging that the appellant had breached obligations imposed by the
Workplace Health and Safety Act 1995 – where the complaint
contained charges expressed in the alternative – where the
third respondent had not appealed a trial division judge's
earlier decision in the same proceedings that summary charges could
not be brought in the alternative so that the complaint was not in
a form authorised by s 43 of the Justices Act – whether the
principle of finality of judgment should preclude this court from
revisiting that conclusion MAGISTRATES – GENERALLY –
POWERS AND DUTIES – GENERALLY – where the third
respondent filed a complaint alleging that the appellant had
breached obligations imposed by the Workplace Health and Safety Act
1995 – where the complaint contained charges expressed in the
alternative – where the primary judge held that an industrial
magistrate had an implied power to strike out part of the complaint
where it was necessary to enable the court to act effectively
within its jurisdiction, such a power not being inconsistent with
the express powers of election and amendment contained respectively
in s 43 and s 48 of the Justices Act 1886 – whether the case
was one of incorrect joinder under s 43 of the Justices Act so as
to enliven the express power to require election contained in s
43(3)(a), with an implied power to strike out the count not
proceeded on – where the appellant had conceded below that s
43(3)(a) was not applicable – whether the point should
nonetheless be decided More...
DEN HERTOG v CONSTRUCTION OCCUPATIONS REGISTRAR
(Occupational Discipline) [2014] ACAT 33
OCCUPATIONAL DISCIPLINE – CONSTRUCTION OCCUPATION –
eligibility to apply for Class A Builder's licence –
whether applicant's work activities are activities involving
the actual carrying out of building work – relevant practical
building work experience – interpretation of exception in
definition of building work experience – whether there is
verification of the extent, quality, relevance and recency of
applicant's building work experience Building Act 2004, ss 6,
9, 10, 11 and 37; Construction Occupations (Licensing) Act 2004, ss
7, 8, 18 and 19 More...
Worksafe Victoria Debco Pty Ltd (ACN 125 781
633)
An employee suffered a serious injury hen his arm was dragged into
an area between the conveyor belt and the conveyor rollers on a
feed hopper. Debco pleaded guilty to one charge against sections
21(1) & (2)(a) of the Occupational Health and Safety Act
2004.The company
was without conviction fined $45,000 with costs in the amount off
$3,245
Debco Pty Ltd (ACN 125 781 633)
Southern Cross Vans Pty Ltd (ACN: 087 152
663)
The accused pleaded guilty to one charge pursuant to sections
21(1) and 21(2)(a) of the Occupational Health and Safety Act 2004
in that it failed to provide and maintain plant and a system of
work that was, so far as was reasonably practicable, safe and
without risks to health for a first year apprentice The accused was
convicted and fined $20,000, with costs of $3,245
Southern Cross Vans Pty Ltd (ACN: 087 152 663)
Mandalay Resources Costerfield Operations Pty Ltd (ACN:
006 711 119)
An employee suffered injuries to her arm as a result of it being
caught in an unguarded item of plant. The accused pleaded guilty to
one charge pursuant to sections 21(1) and 21(2)(a) of the OHS Act
2004 for failing to provide safe plant. On 21 May 2014, the accused
was convicted and fined $60,000 and ordered to pay costs of $4,052
Mandalay Resources Costerfield Operations Pty Ltd ACN: 006 711
119
Hezem Pty Ltd (ACN: 007 175 939)
Hezem Pty Ltd ('Hezem') Ltd pleaded guilty to one charge
pursuant to section 21(1) & 21(2)(a) of the Occupational Health
and Safety Act 2004 in that it failed to ensure, so far as was
reasonably practicable to provide employees a working environment
that was safe and without risks to health.The Warrnambool
Magistrates Court convicted and fined Hezem $30,000.00 and ordered
to pay costs in the amount of $3,245.00
Hezem Pty Ltd (ACN: 007 175 939)
Legislation
Commonwealth
CASA 98/14 - Direction — flight time limitations
for helicopter mustering operations
This instrument sets out a direction adapted to the particular
operational requirements of helicopter mustering operations. It
mentions the number of hours that a person may fly in any period,
the rest periods that must be taken and the circumstances in which
a person must not fly or undertake other duties associated with his
or her employment. It only applies to operators who wish to
regulate operations in its terms (06 June 2014) More...
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
The effect of the amendments will be to commence amendments to the
OPGGS Act that are made by the Compliance Measures No. 1 Act and
the Compliance Measures No. 2 Act. The amendments made by the
Compliance Measures Acts aim to strengthen the offshore petroleum
regulatory regime in respect of compliance, safety, integrity and
environmental management objectives, in the wake of incidents that
have highlighted the importance of effective offshore petroleum
industry regulations (29 May 2014) More...
Marine Order 15 (Construction — fire protection,
fire detection and fire extinction) 2014
AMSA MO 2014/7 Orders/Marine as made
This order gives effect to Chapter II-2 of SOLAS and prescribes
standards for fire protection, fire detection and fire extinction
for vessels (26 May 2014) More...
NSW
Proclamations commencing Acts
Marine Safety Act 1998 No 121 (2014-283) — published LW
30 May 2014
Regulations and other miscellaneous
instruments
Marine Safety (General) Amendment (Fees) Regulation 2014
(2014-330) — published LW 6 June 2014
Rural Fires Amendment (Bush Fire Safety Authorities) Regulation
2014 (2014-288) — published LW 30 May 2014
Queensland
No 78 Natural Resources and Mines Legislation (Fees) Amendment
Regulation (No. 1) 2014 - 30 May 2014
Coal Mining Safety and Health Act 1999; Mining and Quarrying
Safety and Health Act 1999 and Petroleum and Gas (Production and
Safety) Act 2004 – new fees schedules released for safety
compliance licencing
No 80 Work Health and Safety (Codes of Practice) Amendment Notice (No. 2) 2014 – 30 May 2014 - Amends the Work Health and Safety Act 2011 Commencement 28/05/2014 The notice achieves its objectives by revoking the Queensland code of practice for first aid and approving the national model first aid code of practice and varying four current codes of practice to support the amendment regulation
No 81
Health Legislation Amendment Regulation (No. 2) 2014 – 06
June 2014
Health Act 1937; Radiation Safety Act 1999
Acts
No 29 Land and Other Legislation Amendment Act 2014
Assent 28/05/2014 Commencement 28/05/2014 Remainder
The policy objectives of the Act include: Validate decisions made
regarding later work programs and later development plans under the
Petroleum and Gas (Production and Safety) Act 2004 (Petroleum and
Gas (Production and Safety) Act and Petroleum Act 1923 (Petroleum
Act) and decisions made regarding later development plans under the
Mineral Resources Act 1989 (Mineral Resources Act).
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.