In the media
Safety concerns on Gina Rinehart's Roy Hill mine in
Western Australia
Gina Rinehart's Roy Hill mine in Western Australia has been
told to urgently improve its safety standards after several serious
incidents involving cranes and elevated working platforms (15
January 2015).
More...
Farmers urged to rethink safety after quad bikes cause
15 deaths and countless injuries in 2014
Farmers are being urged to rethink the way they travel around the
farm, after 15 people died last year as a result of quad bike
related incidents. The Australian Centre for Agricultural Health
and Safety says almost all of the 15 quad bike deaths occurred on
farms, in addition to an almost unquantifiable number of injuries
(15 January 2015).
More...
Long work hours linked to alcohol abuse
Doctors are increasingly focusing on that older population after
years of placing a higher priority on experimenting adolescents and
young alcoholics. Evidence is emerging that high-pressure jobs push
millions of people toward binge drinking, and deaths from alcohol
abuse escalate as people get older (14 January 2015).
More...
CFMEU ACT state secretary facing court
A senior CFMEU official is facing court after he reportedly
refused to obey safety rules during a site visit. FWBC is also
alleging the official, Dean Hall – who is the Australian
Capital Territory CFMEU State Secretary – disrupted a
concrete pour and threatened to stop another one (12 January 2015).
More...
NSW to appoint more Mr Fluffy asbestos inspectors after
spike in testing requests
Checks for Mr Fluffy loose-fill asbestos insulation in New South
Wales houses will be increased after a surge in requests.
Registrations for asbestos checks rose by 50 per cent over the past
month to more than 2,600 after a new website and hotline opened.
(12 January 2015).
More... More...
Sydney fresh-produce markets mandates safety on forklift
trucks following fatal accidents
Two fatal accidents at the Sydney Markets have resulted in
mandatory seatbelts and rollover protection for all forklifts. The
accidents, in 2012 and 2013, prompted the largest fresh-food market
in the southern hemisphere to review their safety standards (08
January 2015).
More...
Workplaces urged to make safety a priority in
2015
A total of 23 people died in Victorian workplaces last year,
according to provisional figures released today by the Victorian
WorkCover Authority (VWA) (07 January 2015).
More...
Tough smoking laws make New Year time to butt
out
Queenslanders who smoke on, or within five metres of health
facilities and school grounds will face on-the-spot fines of at
least $227 from 1 January, 2015, under changes to the Tobacco
and Other Smoking Products Act 1998 (28 December 2014).
More...
Transpacific Industries fined following chemical
incident
Comcare welcomes the Federal Court in Adelaide's decision to
fine Transpacific Industries following an incident involving an
employee being exposed to hazardous chemicals (23 December 2014).
More...
Companies fined $450,000 after dogman dies in rig
collapse
Two companies were fined a total of $450,000 in the County Court
last week over the death of a worker who fell 40 metres when a
piling rig collapsed on a Melbourne construction site in 2011 (21
December 2014).
More...
NSW: Firm fined $160,000 after fatality
A NSW District Court this week fined Robertsons Painting and
Decorating Pty Ltd $160,000 for two OHS breaches after an employee
died at work on January 24, 2011. The man was on an elevated work
platform (EWP) with a second worker when it fell. The second man
was not injured but "could well have been injured or
killed", presiding judge Michael Finnane said.
More...
Safe Work Australia releases Australia-wide
fatalities 2014
As of December 16, 175 fatalities had been notified to Safe Work
Australia. The fatalities: 44 in Agriculture, forestry and fishing;
43 in Transport, postal and warehousing; 28 in Construction; 15 in
Mining; 12 in Manufacturing; 10 in Arts & recreation services;
six in Accommodation & food services: five in Wholesale Trade;
three each in Electricity, Gas & Water Services and in
Administrative & support services.
More...
FWC: Anti-bullying jurisdiction
None of the 189 anti-bullying applications made to the Fair Work
Commission in the September quarter resulted in a "stop
bullying" order. Approximately a quarter of applications (49)
were withdrawn early in the case management process and a further
16 per cent (31 applications) were withdrawn further in the
process, prior to formal proceedings.
More...
Published – articles, papers, reports
SafeWork Australia: Construction Information
Sheets
The following Information Sheets provide guidance for persons
conducting a business or undertaking (PCBUs) on managing risks at
construction workplaces.
Construction work – Work of a minor nature – provides general guidance on what might be considered 'work of a minor nature' and is therefore not covered by Chapter 6 of the Work Health and Safety Regulations when testing, maintaining or repairing a building or structure.
Workplace induction for construction workplaces – provides general guidance on what should be included in workplace specific induction training and task specific training for construction work.
Safe work method statement for high risk construction work – provides general guidance on the function, content and application of safe work method statements (SWMS) that are required for high risk construction work (18 December 2014). More...
In practice and courts
Construction Site Safety Guides 2014/15
Released
Latest edition of the QLD and NSW Construction Site Safety Guide
– distributed free of charge - is a great go-to for keeping
your construction site free from harm (28 December 2014).
More...
Tougher home building laws start today
From today, builders and traders face up to 12 months in prison if
they are repeat offenders of unlicensed contracting work or
don't have the required insurance (15 January 2015).
More...
Important improvements to the Office of the Federal
Safety Commissioner and the Australian Government Building and
Construction WHS Accreditation Scheme
The Australian Government
announced improvements to modernise and streamline the Office
of the Federal Safety Commissioner (OFSC) and the Australian
Government Building and Construction WHS Accreditation Scheme
(Scheme). These improvements follow a major review undertaken by
the Department of Employment earlier in 2014. The improvements
commenced 1 January 2015.
NTC: Chain of responsibility review
The National Transport Commission (NTC) has released a
discussion paper as part of its review of the chain of
responsibility (CoR) duties in the Heavy Vehicle National Law. The
discussion paper outlines a number of issues with the current CoR
regime, which stakeholders have identified through previous
consultations. The NTC invites
submissions on the discussion paper until 30 January 2015.
VWA Safety Alert: Silo collapse
This Alert highlights the potential danger of silos collapsing
during transfer of grain and/or fertiliser products into or from
silo storage (December 2014).
More...
Victoria Prosecutions
Colonial Leisure Group Pty Ltd
132 266 061 18/12/2014 Crush injuries; Occupational Health and
Safety Act 2004; Magistrates' Court
Vibro-Pile (Aust.) Pty Ltd
006 103 135 18/12/2014 Failure to provide a safe system of work;
Failure to provide information, instruction, training or
supervision; Fatality Occupational Health and Safety Act 2004
21(1)&(2)(a); 21(1)&(2)(e) ; County Court Vibropile were
convicted and fined $100,000 as an aggregate sentence.
Frankipile Australia Pty Ltd
000 842 240 18/12/2014 Failure to provide a safe system of work;
Failure to provide information, instruction, training or
supervision; Fatality; Occupational Health and Safety Act 2004
21(1)&(2)(e) ; County Court Frankipile were convicted and fined
$350,000 as an aggregate sentence.
Martin De Tours Fretal Lay
17/12/2014 Burns; Dangerous goods; Exposure to chemicals;
Inexperienced employee. Occupational Health and Safety Act 2004
21(1)&(2)(b); Magistrates' Court On 17 December 2014,
Martin Lay was fined $15,000.00
Visual Exposure Pty Ltd
158 183 076 17/12/2014 - Electric shock; Occupational Health and
Safety Act 2004 21(1)&(2)(a); Magistrates' Court. The
company was fined $50,000 without conviction, and ordered to pay
$3097 costs.
More...
Workcover Queensland: More common law webinars scheduled
for early 2015
Given the high interest shown by customers in our October webinar
on common law exposure risks attached to lifting and transfer
injuries, a new webinar series will be run in 2015 from January to
April.
More...
Queensland Mines Safety Bulletin 14: Highwall failure;
version 2
Recommendations: Each mine should review its Safety and Health
Management System and each mine should ensure that the documented
management structure reflects persons or groups who provide a
service at the site such as assisting in the management of
Principal Hazards such as Ground control (07 January 2015).
More...
Queensland Mines Safety Bulletin 144: Uncontrolled
movement on mine roads involving skidding and
sliding
The Mines Inspectorate has released a number of safety alerts and
bulletins over the last five years on the risks of uncontrolled
movements on open-cut coal mine roads (17 December 2014).
More...
Code for the Safe Transport of Radioactive Material
(2014)
ARPANSA has published a Code for the Transport of Radioactive
Materials (2014) (RPS C-2). This edition replaces the 2008 edition
of the Code of Practice for the Safe Transport of Radioactive
Material (12 December 2014). More...
Weekly Update - Independent Investigation into
Loose-Fill Asbestos
A licensed asbestos assessor can advise on whether living spaces
are well sealed and asbestos hazards are appropriately controlled.
As of 1 January, 2659 premises in the 26 council areas have
registered for the free sampling service. More...
More...
More...
Cash in Transit Industry Inquiry interim report for
comment
This outlines issues raised by written and verbal submissions and
party proposed Road Safety Remuneration Orders (RSROs), including
safe remuneration systems, training and qualifications, vehicle
standards and personal protective equipment. Submissions on the
interim report are due by 30 January 2015.
More...
Recalls
Yamaha Motor Australia—NXC125 Motorcycles 14th January 2015.
Woolworths Limited—Dive Sticks 8th January 2015.
Mercedes-Benz Australia/Pacific Pty Ltd—Mercedes-Benz with OM651 Diesel Engines 8th January 2015.
Laminex Group Pty Ltd—Trade Essentials Craftwood Fireguard" (referred to as Fireguard) 7th January 2015.
VWA Safety Soapbox 10 December 2014
In this edition National OHS case roundup.
More...
Cases
Ekinci v Civil Aviation Safety Authority [2014]
FCAFC 180
ADMINISTRATIVE LAW – appeal from decision of Administrative
Appeals Tribunal – Administrative Appeals Tribunal Act
1975 (Cth) s 44 – suspension and cancellation of
licences and certificates of approval – application and
construction of Civil Aviation Regulations 1988 (Cth) –
whether appellant a fit and proper person to hold licences and
certificates of approval – denial of procedural fairness. More...
McDermott & Ors v Robinson Helicopter Company
Incorporated [2014] QCA 357
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR
NEGLIGENCE – STANDARD OF CARE – GENERALLY – where
the first appellant was seriously injured in a helicopter accident
– where the respondent manufactured the helicopter –
where the appellants alleged at trial that the wording of the
helicopter's maintenance manual failed to specify and require
an adequate inspection procedure such that the defect which lead to
the accident would have been discovered in time and the accident
would have been prevented – where the trial judge found that
the manual adequately addressed the risks associated with the
inspection procedure for the defect, and that the respondent had
therefore not breached its duty of care – where the
appellants argue on appeal that the trial judge made erroneous
findings of fact, and inconsistent and contrary findings of fact,
in relation to how the defect came about and if it was detected,
and how and the extent to which the maintenance manual addressed
the risk of that type of defect – whether the appeal should
be allowed. TRADE AND COMMERCE – COMPETITION, FAIR TRADING
AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION
– LIABILITY OF MANUFACTURERS OR IMPORTERS FOR DEFECTIVE GOODS
– where the first appellant was seriously injured in a
helicopter accident – where the respondent manufactured the
helicopter – where the first appellant claimed compensation
under ss 75AD of the Trade Practices Act 1974 (Cth) for
his injuries suffered because of a defect in the helicopter and/or
maintenance manual – where the second appellant claimed
compensation under s 75AE of the Trade Practices Act 1974
(Cth) for losses she has suffered because of the first
appellant's injuries – where the trial judge found that
neither the helicopter nor the maintenance manual had a
'defect' within the meaning of s 75AC of the Trade
Practices Act 1974 (Cth), and that therefore neither the first
nor second appellant could claim compensation under ss 75AD or 75AE
– where the appellants argue on appeal that the trial judge
erred in fact in making those findings – whether the appeal
should be allowed. More...
Johnson v Box Hill Institute of TAFE [2014] VSC
626
NEGLIGENCE — Workplace injury — Manual handling
– Occupational Health and Safety (Manual Handling)
Regulations 1999 (Vic) — Breach of common law and
statutory duties — Contributory negligence —Psychiatric
injury — Bullying and harassment — Alleged failure by
employer to prevent bullying/harassment by supervisor during return
to work — Scope of employer's duty to prevent psychiatric
injury — Whether employer's response to risk of
psychiatric injury adequate — Application of Koehler v
Cerebos (Aust) Ltd Assessment of damages —Application of
Malec v Hutton to assessment of damages —
Interaction between physical and psychological injuries. More...
Legislation
New South Wales
Proclamations commencing Acts
Road Transport Amendment (Mandatory Alcohol Interlock Program) Act
2014 No 42 (2015-2) — published LW 2 January 2015.
Regulations and other miscellaneous
instruments
Road Transport (Driver Licensing) Amendment (Mandatory Alcohol
Interlock Program) Regulation 2015 (2015-3) — published
LW 2 January 2015.
Queensland
Current Reprints
Building Fire Safety Regulation 2008 12 December 2014
Mining and Quarrying Safety and Health Act 1999 19 December
2014
Tobacco and Other Smoking Products Act 1998 5 December 2014
Transport Operations (Marine Safety-Examining and Training Program
Approvals (Recreational Ships and Personal Watercraft)) Standard
2005 15 December 2014
Petroleum and Gas (Production and Safety) Act 2004 12 December
2014.
Subordinate legislation as made
No 332 Petroleum and Gas (Production and Safety) Amendment Regulation (No. 3) 2014 – 19 December 2014 - Amends the Petroleum and Gas (Production and Safety) Act 2004 – new 6AA Substances prescribed for Act, s 402; Replacement of s 54AA (Operator to ensure drilling rig workers meet competency requirements) effective 01 January 2015 and Amendment of sch 9 (Fees).
No.323
State Penalties Enforcement Amendment Regulation (No. 2) 2014
– 19 December 2014
The objectives of this regulation, as listed in its explanatory
notes, are to amend Schedule 1 (Infringement notice offences and
fines for nominated laws) of the State Penalties Enforcement
Regulation 2014 (SPE Regulation) in order to: prescribe a number of
new PIN offences under the Tobacco and Other Smoking Products Act
1998.
Victoria
Please click here for the calendar of sitting dates for both Houses of Victorian Parliament in 2015.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.