In the media
More Than Seven Young Workers Injured Every
Day
According to the latest statistics from WorkSafe, more than seven
young workers aged between 15 and 24 are seriously injured every
day in Victoria. Half of these injuries take place in the
construction, retail and manufacturing sectors (13 March 2015).
More...
Statement from the Minister for Health
There have been a number of stories in recent days concerning
workplace bullying, harassment and complaints handling mechanisms
in various Victorian public hospitals. These stories have raised
concerns that there may be possible system-wide issues relating to
staff being able to make complaints about other staff, particularly
those in more senior roles (12 March 2015).
More...
Worker killed in accident at Blackwater coal mine in
Queensland
A worker has been killed in a vehicle accident at the Billiton
Mitsubishi Alliance (BMA) coal mine in Blackwater, central
Queensland. It is the fourth mining-related death in the region
since May last year (12 March 2015).
More...
No cancer link at fire station, report
finds
An independent review of the conditions at a fire station in
Perth's south and a spate of cancer cases among firefighters
finds "no identifiable link" between the two (11 March
2015).
More...
Engineering professor loses harassment, sex
discrimination case against Monash University
A professor has lost a sexual harassment and sex discrimination
case against Monash University, with a Federal Court judge calling
some of her allegations "fanciful". Dr Qizhi Chen, made
53 claims of sex discrimination and sexual harassment against the
university and some of its senior academics (10 March 2015).
More...
Accreditation scheme now under full NHVR
control
The National Heavy Vehicle Regulator (NHVR) has assumed total
control of the National Heavy Vehicle Accreditation Scheme (NHVAS)
and has started reforming aspects of its operation. The changes
centre on the auditing provisions of the NHVAS standards and
business rules, will enable more effective oversight of safety
requirements by standardising the way audits are conducted and
strengthening the quality of audits (10 March 2015).
More...
NHVR hopeful of securing work diary exemption in
Victoria
Discussions between the National Heavy Vehicle Regulator (NHVR)
and VicRoads on exempting some primary production workers from
filling out a work diary are ongoing, as the NHVR tries to ease the
department's concerns about the safety of the measure. The
exemption, supported by all states, means those carrying out
primary production journeys within 160km of their base do not need
to maintain a work diary (11 March 2015).
More...
Musculoskeletal injury prevention and suitable duties
are crucial for ageing workforce
WorkCover Queensland's data shows that around 63 per cent of
claims from Queensland health and community care workers aged
between 50 and 59 years are due to musculoskeletal injuries and
diseases (09 March 2015).
More...
Company facing new charges after recent fine over
Bunbury workplace death
A Bunbury electrical company recently fined over the death of a
worker appears in court over seven new charges. Energy regulator
EnergySafety alleges JCW Electrical knowingly employed an
electrical fitter to do the work of an electrician, two separate
vocations that each required specific training and were not
interchangeable (09 March 2015).
More...
Vic WorkSafe chiefs sacked over contamination
scandal
Victorian WorkSafe CEO Denise Cosgrove and Chairman David
Krasnostein have been dismissed by Premier Daniel Andrews over
toxic contamination of mains water at the Fiskville Country Fire
Authority training centre (09 March 2015).
More...
Senior female surgeon urges trainees to stay silent on
sex abuse in hospitals
A senior surgeon has been criticised for her "appalling"
suggestion that surgical trainees should stay silent if they're
sexually assaulted by a colleague because coming forward could ruin
their careers (07 March 2015).
More...
ATA gives thumbs up for safety and productivity
spending
The next round of heavy vehicle infrastructure spending is crucial
to safety and efficiency, the Australian Trucking Association (ATA)
has emphasised, including the and building new or upgraded heavy
vehicle rest areas across the country (05 March 2015).
More...
Compulsory black boxes in trucks 'a no
brainer'
The Royal Australasian College of Surgeons says the Australian
Government's target of a 30 per cent reduction in road deaths
is not strong enough. The RACS says the National Road Safety
Strategy 2011- 2020 recommendations include making black box
technology a mandatory inclusion for all cars and heavy vehicles on
Australian roads (05 March 2015).
More...
Industry welcomes back NSW heavy vehicle licence to
repair
Formal licences for heavy vehicle repairs have been reinstated in
NSW, fair trading minister Matthew Mason-Cox has advised. The
announcement is effectively a reversal of a side-effect of changes
in the Motor Dealers and Repairers Act, which came into effect on
December 1 last year (04 March 2015).
More...
ACT firefighters warned of cancer-causing chemical in
uniforms
ACT firefighters have been advised to take precautions handling
their uniforms after they were found to contain formaldehyde, a
chemical linked to lymphatic cancer and brain tumours. A warning
was issued to all members of the ACT Emergency Service Agency and
the commissioner after a CSIRO study found "unexpected
levels" of the chemical in protective clothing (05 March
2015).
More...
Published – articles, papers, reports
WorkCover Queensland update
The WorkCover Queensland Quarterly update provides an overview of
the latest workers' compensation news and information.
More...
SafeWork New Report on the Manufacturing
Industry
Safe Work Australia has released a new report. The report found
that the most common self-reported exposures in the manufacturing
industry were exposure to airborne hazards, noise and vibration.
Most workers with exposure to noise were provided with some type of
control (unfortunately this was most commonly hearing protection
devices).
More...
More...
In practice and courts
Safe Work Australia: Australia-wide
fatalities
As of March 10, the deaths of 27 Australian workers had been
notified to Safe Work by the jurisdictions. The fatalities so far
this year have been in the following industries: five each in
Agriculture, forestry and fishing; and in Transport, postal and
warehousing; four each in Mining and in Construction; three each in
Electricity, gas, water & waste services and in 'other
services'; two in Manufacturing; and one in Arts &
Recreation services. The latest monthly report remains that for
November 2014 – this report can be downloaded from the Safe
Work Australia Monthly Fatalities.
More...
More....
Tasmania: Heavy vehicle national fatigue laws from 30
March 2015
From the end of this month (30 March), fatigue provisions of the
Heavy Vehicle National Law will commence in Tasmania. The NHVR is
working with the Department of State Growth to prepare Tasmanian
operators and drivers for key changes, including introduction of
the National Driver's Work Diary, record keeping requirements
and changes to work and rest hours.
More...
FWBC: Union officials must obey safety
rules
In recent weeks FWBC has launched four court cases against union
officials for allegedly disobeying safety laws on building and
construction sites. Under Right of Entry laws, Right of Entry
permit holders must obey site safety laws while visiting a site
(March 2015).
More...
ACT Regulation - Magistrates Court (Work Health and
Safety Infringement Notices) Amendment
The Magistrates Court (Work Health and Safety Infringement
Notices) Amendment Regulation (2015) (No 1) 2015 No. 7 (ACT). The
objective of the amending Regulation is to amend Part 1.2 (Work
Health and Safety Regulation 2011) of Schedule 1 (Work health
and safety legislation infringement notice offences and penalties)
to the principal Regulation to insert additional offences for which
infringement notices can be issued.
More...
WorkSafe Victoria: Three Safety Alerts and Guidance
Note
Preventing roof collapses in housing provides
information on managing the risks associated with structurally
inadequate temporary roof supports in housing construction.
Supervision at aquatic venues. This Alert highlights
the importance of having systems of work in place to provide
appropriate supervision of young patrons (children) at aquatic
venues.
Tampering with stair void protection - following recent serious
injuries to workers when the stair void protection they were
standing on collapsed, this Alert highlights the danger of
tampering with stair void protection systems and provides guidance
on managing the risks. Updated Guidance Note:
Elevating work platforms and the placement of gas cylinders for
cutting or welding.
Office of Federal Safety Commissioner: New case study on
musculoskeletal safety
In the latest OFSC case study we look at a number of initiatives
implemented by accredited companies aimed at reducing the number
and severity of musculoskeletal injuries suffered by their workers
(04 March 2015 ).
More...
NSW: Government releases new Guide
As part of its response to the loose-fill asbestos problem, the
NSW Government has released a new guide: Living in a Home with
Loose-Fill Asbestos. The information provides clear guidance
for residents including tenants living in homes that have been
identified as containing loose-fill asbestos insulation (March
2015).
More...
VIC: WorkSafe Safety Soapbox – 05 March
2015
The list of Reported Incidents from 12 February to 25 February is
attached to the newsletter. There were a total of 68 incidents
notified to WorkSafe; among these was the death of a worker who
fell off a roof, and several other potentially tragic falls from
heights of over 2 metres (05 March 2015).
More...
kNOw Cancer Risks at Work Forum – 18 May,
2015
The national forum will be highlighting prevention and elimination
of occupational cancer risks in Australia, and is open to
occupational health and safety professionals, industry
representatives and unions, researchers, public health
professionals and anyone with an interest in occupational cancers.
More...
New Safety Draft Standards
DR 14921
Amendment 2 to AS/NZS 4417.2:2012 - Regulatory compliance mark for
electrical and electronic equipment.
More...
DR AS/NZS ISO 16900.11:2015
Respiratory protective devices - Methods of test and test
equipment - Determination of field of vision.
More...
DR AS/NZS ISO 16900.2:2015
Respiratory protective devices - Methods of test and test
equipment - Determination of breathing resistance.
More...
Cases
Inspector McCarthy (nee Shaw) v Siva & Jeya Pty
Ltd [2015] NSWDC 15
OCCUPATIONAL HEALTH AND SAFETY – accident in restaurant
– burns injuries to waitress – waitress re-filling
burner pot for bain-marie with methylated spirits - resultant
explosion and fire – whether part of waitress' duties to
handle bain-marie or burner pot – whether burner pots with
methylated spirits constituted safe plant and equipment –
whether the use of methylated spirits in burner pots constituted
safe system of work – whether alternatives such as gel fuel
in a can ought to have been used – gel fuel in a can used
immediately following the incident – whether information and
instruction provided to waitress – whether risk assessment
undertaken.
More...
Inspector McCarthy (nee Shaw) v Siva Kumaran
Mathiaparanam [2015] NSWDC 16
OCCUPATIONAL HEALTH AND SAFETY - accident in restaurant –
burns injuries to waitress – same facts as in Inspector
McCarthy (nee Shaw) v Siva & Jeya Pty Ltd –
defendant director of company – whether under s 26 –
whether defendant as director taken to have contravened s 8.
More...
Inspector Nash v Bulga Underground Operations Pty
Ltd (re Newstead) [2015] NSWDC 6
OCCUPATIONAL HEALTH AND SAFETY – coal mine workplace
accident – longwall mining - worker struck by falling slab of
coal when changing picks on maingate cutter drum then within the
longwall – foreseeability of slab of coal falling and worker
or part of worker's body being exposed to falling slab –
whether worker deliberately and consciously placed himself under
unsupported roof knowing he should not do so – whether
alternatively he was present under unsupported roof and his
presence was aberrant behaviour that could not be predicted by the
defendant – location of worker at the time the slab fell
– high degree of risk of slab of coal falling - inspection of
work site by mine deputy before work undertaken, but findings not
communicated – whether any of the following were undertaken
or ought to have been undertaken: secondary roof support; picks
changed at maingate end; developing a TARP; inspection of roof
strata support by a competent person; conducting a risk assessment;
compliance with safe work practices and with strata failure
management plan; ensuring employees conducted a pre-task risk
assessment; ensuring the worker was provided with adequate
information and training in and providing copies of safe work
procedures to the worker; instructing worker not to access work
area until secondary support was installed; provision of
supervision – whether alternate steps would have eliminated
or merely lessened the risk of injury – whether s 8 required
proof that alternative step would have eliminated the risk of
injury.
More...
Zealley v Liquorland (Aust) Pty Ltd & Anor
[2015] VSC 62
NEGLIGENCE – Workplace injury – unloading from rear of
a truck operated by third party – whether employer breached
its duty of care – whether third party breached its duty of
care – apportionment between defendants – contribution
from another tortfeasor - whether employer's conduct after the
injury was negligent and caused further damage – Wrongs
Act 1985 (Vic), Part IV. More...
Legislation
Commonwealth
Limitation of Liability for Maritime Claims Amendment
Bill 2015
03/03/2015 - to amend the Limitation of Liability for Maritime
Claims Act 1989, under The Limits of Liability in the Protocol
of 1996. More...
Imported Food Warning Labels Bill 2015
02/03/2015 - This Bill aims to ensure that the food industry and
consumers are aware of the risks associated with the importation
and consumption of produce and food products that have not been
grown or processed under Australia's stringent health and
hygiene standards. More...
New South Wales
Regulations and other miscellaneous instruments
Agricultural and Veterinary Chemicals (New South Wales) Regulation 2015 (2015-110) — published LW 5 March 2015.
Poisons and Therapeutic Goods Amendment (National Residential Medication Chart and Influenza Vaccination) Regulation 2015 (2015-138) — published LW 5 March 2015.
Victoria
Wrongs Amendment (Asbestos Related Claims) Bill
2014
Legislative Council 26/2/2015 Read a third time, passed all stages
and awaiting assent.
Wrongs Amendment (Asbestos Related Cases) Act
2015
Assent: 10/3/2015; Commencement: 11/3/2015 (Whole). This Act
amends Part VBA of the Wrongs Act 1958 in relation to claims for
the recovery of damages for non economic loss in respect of
asbestos-related conditions.
Statutory Rules
No. 14: Drugs, Poisons and Controlled Substances
Amendment (Sodium Oxybate) Regulations 2015
Date of Making: 10/03/2015 Commencement: 10/03/2015; Not yet in
operation: N/A Sunset Date: 10/03/2025.
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