In the media – National
Fortescue contractor sees fine over workshop
death
A maintenance contractor has been fined $20,000 for the death of
Allen Zuvela at Fortescue's Christmas Creek mine in 2013 (19
May 2016).
More...
FWBC now one-stop-shop for Building Code 2013: Industry
watchdog to assess enterprise agreements for code compliance
From Wednesday 18 May 2016, any new enterprise agreements
entered into by building contractors or building industry
participants need to be compliant with the current Building Code
2013 in order for contractors to be eligible for work on future
Commonwealth funded construction projects (18 May 2016).
More...
Potato farm fined over worker death
Oakville Produce's potato farm has received a
$187,500 fine after a truck driver was killed by a forklift in
December 2013. The company was charged with a breach of duty under
the Work Health and Safety Act for failing to have a traffic
management plan and equipping a forklift with inadequate visibility
(18 May 2016).
More...
Work related deaths at lowest level in nearly 20
years
The latest workers compensation data from NSW's
workers compensation authority has revealed a significant decrease
in death and injury rates in the state's workplaces (17 May
2016).
More...
Principal contractor fined $50,000 after concrete
pumping truck tips over
A construction company was last week convicted and fined
$50,000 over an incident in which a concrete truck tipped over and
seriously injured a worker after unknowingly setting up on top of a
temporarily covered ventilation shaft. The company failed to ensure
that the workplace was safe by not clearly identifying this to
workers at the site (13 May 2016). More...
Company fined $170,000 over Brisbane fatality
A fatal accident at Brisbane's Airport Link project
has cost construction company John Holland a $170,000 fine for
breaching Commonwealth work health and safety laws (11 May 2016).
More...
The CFMEU has hit out at the "obscene and tokenistic" fine handed to engineering contractor John Holland over the death of a worker at Brisbane's Airport Link project (16 May 2016). More...
LGAQ and NHVR deal to improve road safety
Queensland's peak local government association and
the NHVR have signed an agreement to improve the productivity and
safety of the state's road freight industry (11 May
2016).
More...
Government launches farmer electrical safety
campaign
Victorian farmers are being urged not to attempt dangerous
do-it-yourself electrical work as part of a new government
electrical safety campaign. Energy Safe Victoria created the
DIY=DIE campaign following the recent deaths of two Victorian
farmers (11 May 2016).
More...
AHRC release report on Inquiry into Employment
Discrimination against Older Australians
The Australian Human Rights Commission has released
Willing to Work, the final report on its national inquiry into
employment discrimination against older Australians and Australians
with a disability. The inquiry was commissioned last year by
Attorney-General George Brandis, and involved 120 public
consultations (09 May 2016). More...
Department of Immigration and Border Protection public
servants face random drug tests
More than 2,000 public servants at the Department of
Immigration and Border Protection have been randomly drug tested at
work in a bid to crack down on lapsed standards, safety risks and
potential corruption (09 May 2016).
More...
Hutchinson cleared of charges relating to pile
driver's death at Hobart tip
Hutchinson Builders has been cleared of charges relating
to the death of a pile driver at Hobart's McRobie Gully Tip.
Hobart magistrate Chris Webster today dismissed the charges against
the company because Mr Wicks owned the equipment that killed him
(09 May 2016).
More...
Published – articles, papers, reports
OFSC: 2014 Biannual Data Analysis Reports
The 2014 OFSC Biannual Data Analysis Reports provide an
overview and analysis of data collected from companies accredited
under the Australian Government Building and Construction WHS
Accreditation Scheme, for the periods
January to June 2014 and
July to December 2014. Two fatalities on non-Scheme projects
were reported in 2014 (released 10 May 2016).
More...
SafeWork Australia new releases 11 May 2016
The reports also outline existing materials that provide
information about health effects, common exposure scenarios and
options for preventing or minimising potential exposures to
carcinogens.
In practice and courts
ACCC: Consultation on international standards
associations to be named in regulations
The ACCC has released a consultation paper seeking
stakeholder comments on a list of trusted standards associations to
be included in a Regulation other than Standards Australia.
The Consultation closes on 7 June 2016.
More...
More...
QLD WorkCover: Is there a safe way to
lift?
It is important for employers to protect their workers
from musculoskeletal disorders (MSDs), also known as sprain and
strain injuries, that result from lifting or other hazardous manual tasks. MSDs
result in over half of Queensland's workers' compensation
claims (19 May 2016).
More...
QLD WorkCover: Wiring rules changes released for
public comment
Standards Australia has released a proposed revision of
the Australian and New Zealand Wiring Rules, AS/NZS 3000:2007
Electrical installations. You can comment on this draft at the
Standards Australia's website until 20 June 2016 (18 May
2016).
More...
Victoria WorkSafe: Safety Soapbox 12 May 2016
The latest edition features Steve Darnley from the
construction team "Why do I need to have power tools and
portable electrical equipment inspected and tested when the site is
protected by RCDs (Residual Current Devices also - sometimes called
safety switches)?" The list of Reported Incidents in the
construction, utility, quarrying and mining industries from 26
April – 5 May 2016 is attached to the bulletin. There were at
total of 51 Reported Incidents. More...
Cases – National
Comcare v John Holland Pty Ltd
[2016] FCA 501
INDUSTRIAL LAW – consideration of the principles
governing the determination of a civil pecuniary penalty under the
Occupational Health and Safety Act 1991 (Cth) –
consideration of the penalty to be imposed in respect of
contraventions of that Act
Occupational Health and Safety Act 1991 (Cth)
Occupational Health and Safety (Safety Standards) Regulations
1994 (Cth)
Work Health and Safety (Transitional and Consequential
Provisions) Act 2001 (Cth)
Building and Construction Industry Improvement Act 2005
(Cth). More...
Military Rehabilitation and Compensation Commission
v May [2016] HCA 19
Appeal allowed. Workers compensation – Where
employee vaccinated in course of employment and later felt unwell,
described as "vertigo" – Where evidence did not
establish nature and incidents of any physiological or psychiatric
change – Whether employee suffered "injury" within
meaning of s 4(1) of Safety, Rehabilitation and Compensation
Act 1988 (Cth).
Words and phrases – "ailment",
"disease", "disturbance of the normal physiological
state", "injury", "injury (other than a
disease)", "physiological change", "psychiatric
change", "sudden or identifiable". More...
Trevena v Thiess Pty Ltd
[2016] FCA 468
INDUSTRIAL LAW – alleged contraventions of Part 3-1
of the Fair Work Act 2009 (Cth) – whether employee
had exercised a workplace right to make a complaint "in
relation to...employment" – where complaint made by
employee's brother – whether employer took "adverse
action" by failing to offer employee previous casual position
or allegedly promised role – where employee voluntarily
relocated and only willing to return to previous position on fly-in
fly-out basis or to new role alleged to have been offered prior to
departure – whether adverse action because of the
employee's exercise of a workplace right – whether action
taken with "intent to coerce" – whether employer
had engaged in misleading or deceptive conduct in contravention of
the Competition and Consumer Act 2010 (Cth) –
whether employer had falsely promised role. More...
Legislation
National
Australian Radiation Protection and Nuclear Safety
(Licence Charges) Amendment (2016 Measures No. 1) Regulation
2016
This regulation amends the Australian Radiation
Protection and Nuclear Safety (Licence Charges) Regulations
2000 to increase annual licence charges by 2.7 per cent and to
make associated technical amendments. It also makes consequential
amendments resulting from recent changes to the Australian
Radiation Protection and Nuclear Safety Act 1998 (10 May
2016). More...
Victoria
Statutory Rules
No 42: Subordinate Legislation (Drugs, Poisons and
Controlled Substances Regulations 2006) Extension Regulations
2016
Date of Making: 10/05/2016 Commencement: 10/05/2016 Not
yet in operation: N/A Sunset Date: 05/05/2017: reg. 4. More...
New South Wales
Regulations and other miscellaneous instruments
Heavy
Vehicle (General) National Amendment Regulation (2016-261)
— published LW 20 May 2016
Electricity
(Consumer Safety) Amendment (Fees) Regulation 2016
(2016-233) — published LW 11 May 2016
Gas
Supply (Consumer Safety) Amendment (Fees) Regulation 2016
(2016-234) — published LW 11 May 2016
Queensland
Subordinate legislation as made
No 50:
Heavy Vehicle (General) National Amendment
Regulation
Heavy Vehicle National Law as applied by the law of States and
Territories
Bills Updated in the last week
Public
Health (Water Risk Management) Amendment Bill 2016
Introduced on 17/03/2016 Stage reached: Report from Committee on
12/05/2016
Hospital and Health Boards (Safe Nurse-to-Patient and
Midwife-to-Patient Ratios) Amendment Bill 2015
Introduced on 1/12/2015 Stage reached: PASSED with amendment on
12/05/2016
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.
