Australia: Work Health & Safety - What's News - 2 February 2016

In the media

Construction company fined $80,000 over death of worker Wayne Vickery at worksite
A Canberra construction company has been fined more than $80,000 over the death of a worker who was hit by a reversing grader at a site in 2011 (29 January 2016).  More...

Vege farm and farmer fined over worker's fall
An Austral tomato farm and its director have been fined $165,000 after a worker fell from a roof at the farm in 2013. SafeWork NSW charged Austral Hydroponics Pty Ltd with a breach of section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty under section 19(1) of the Act (27 January 2016).   More...

Essendon fined $200,000 over supplements program for breaching workplace safety laws
Essendon Football Club has been fined $200,000 for breaching workplace safety laws over the handling of its 2012 supplements program (28 January 2016).  More...

Master Builders ACT calls for dedicated safety hotline to report unsafe practices
Canberra's peak building and construction body is calling for a dedicated work safety hotline to report unsafe practices at building sites (26 January 2016).  More...

Paramedic assaults: Safety training fast-tracked after spate of assaults in south-east Queensland
Safety training for all Queensland Ambulance Service paramedics (QAS) has been fast-tracked following assaults on three officers less than an hour apart in south-east Queensland (25 January 2016).  More...

Roundtable on security in NSW hospitals
Health Minister Jillian Skinner met today with the Health Services Union to outline extra security measures to deal with aggression and violence in hospitals (21 January 2016).  More...

New ice training to support frontline workers
The Victorian Government has launched Ice: training for frontline workers - a free, online training package for all Victorians who, as part of their job, come into contact with people who are ice-affected (21 January 2016).  More...

Public servant banished from workplace fails in bid for travel money
A public servant moved from his job over a toxic relationship with a colleague launched legal action against his department, demanding extra travel money to commute to his new workplace (20 January 2016).  More...

Mining research identifies rubber-tyred vehicles as health hazard
Rubber-tyred vehicles emerge as a health hazard for underground coal miners in the New South Wales Hunter Valley, with hundreds of injuries reported over the past decade, stemming from jolts blamed on vibrating vehicles (19 January 2016).  More...

Published – articles, papers, reports

The Australian Dangerous Goods Code Edition 7.4
Edition 7.4 of the Australian Dangerous Goods Code (ADG7.4) has been implemented in all jurisdictions in Australia. Details on how and where to freely access a copy of ADG7.4 are listed below.  More...  More...

In practice and courts

Timebase: Behind the Essendon Decision: The Court of Arbitration For Sport, WADA & ASADA
Earlier this month, the Court of Arbitration for Sport decided to hand down bans to 34 past and present Essendon AFL players.  The controversial decision overturned an earlier decision of the Australian Football League Anti-Doping Tribunal, which had dismissed the charges against the players (25 January 2016).  More...

SafeWork Australia: Proposed amendments to work health and safety requirements for inorganic lead
Safe Work Australia is seeking comments on the best way to reduce the potential for adverse health outcomes caused by exposure to lead in the workplace. The closing date is 26 February 2016.  More...

FSC Online Update: Incident Reports and Contract Declarations can be submitted online from 1 February 2016
From 1 February accredited companies will be able to submit incident reports and contract declarations through FSC Online.

Changes to Work Health and Safety (Mines and Petroleum) commence 1 February 2016
The 1 February legislative changes relate to the DRE's compliance and enforcement role in petroleum work health and safety (to be made under the Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015). Forms and guidelines will be available on the Safety and Health area of the DRE website throughout February.

The new laws will provide for:

  • a consistent and robust single Work Health and Safety (WHS) regulatory framework that applies to onshore petroleum sites
  • specific risks associated with petroleum activities to be appropriately addressed through a modern WHS framework, consistent with the minerals sector, and
  • proactive regulatory oversight of industry's management of the risks associated with a petroleum operation.

Cases

Schloss v Bell; Bell v Schloss [2015] ICQ 036
INDUSTRIAL MAGISTRATES - APPEAL AGAINST A DECISION OF THE INDUSTRIAL MAGISTRATE - PARTICULARS - SUFFICIENCY OF REASONS - Where a worker suffered injuries following an incident at a coal seam gas well - Where the defendant was issued with a complaint and summons in relation to safety matters under the Petroleum and Gas (Production and Safety) Act 2004 - Where the complaint was accompanied by particulars – Where, in respect of the description of 'operating plant', the learned Industrial Magistrate determined a description not contained within the complaint or particularised by the prosecution - Whether power to amend the complaint under s 48 of the Justices Act 1886 was enlivened - Whether the learned Industrial Magistrate impliedly amended the complaint - Whether the learned Industrial Magistrate ought to have dismissed the complaint, the prosecution having failed to prove essential elements of the offence - Whether there was a valid Safety Management Plan in operation - Whether a Job Hazard Anaylsis was required to be carried out - Whether a learned Industrial Magistrate erred in failing to give adequate reasons - Whether the learned Industrial Magistrate erred in finding the offence proven - Whether the learned Industrial Magistrate erred in not considering defences - Appeal allowed - Complaint dismissed - Cross-appeal dismissed.  More...

Worksafe Victoria decisions

Cabrini Health Limited 108 515 073 22/01/2016
Crush injuries; Failure to provide a safe system of work; Failure to provide a safe working environment Occupational Health and Safety Act 2004 23(1) ; Magistrates' Court.

Linde Material Handling Pty Ltd 000 768 776 14/01/2016
Crush injuries; Failure to provide a safe system of work; Forklifts; Traffic management Occupational Health and Safety Act 2004 23(1); Magistrates' Court.  More...

Legislation

Victoria

Statutory Rules

No. 159: Road Safety (Drivers) and (Vehicles) Amendment (Miscellaneous Fees) Regulations 2015
Commencement: 01/02/2016: reg. 3 Not yet in operation: Regs 1-17: on 01/02/2016: reg. 3 Sunset Date: 15/12/2025.  More...

New South Wales

Proclamations commencing Acts
Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015 No 43 (2016-46) — published LW 29 January 2016.

Regulations and other miscellaneous instruments
Work Health and Safety (Mines and Petroleum) Amendment (Harmonisation) Regulation 2016 (2016-49) — published LW 29 January 2016.

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.

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Authors
Michael Selinger
 
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