In the media – National
Company accused of delaying fatal construction
case
A company being prosecuted over the death of worker Jorge
Castillo-Riffo at the new Royal Adelaide Hospital site is accused
of trying to delay the case (16 June 2016).
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First female mine safety commissioner appointed in
QLD
Kate du Preez has been appointed as the new commissioner for Mine
Safety and Health in Queensland (15 June 2016).
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NHVR brings permit applications online
The National Heavy Vehicle Regulator (NHVR) has commenced the
rollout of a new customer portal for access permits. Already it
claims to have hundreds of heavy vehicle operators currently
trialling the system (15 June 2016).
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Transport Commission seeks feedback on rail safety
worker standards
The National Transport Commission (NTC) has released a
consultation report with proposed changes to the National Standard
for Health Assessment of rail safety workers (15 June 2016).
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What is good work design?
Good work protects workers from harm, improves their health and
wellbeing, and increases business productivity. Safe Work
Australia's
Good Work Design handbook provides a handy framework to achieve
effective injury prevention including musculoskeletal disorders
(otherwise known as 'sprains and strains') (15 June 2016).
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Four simple steps to prevent fall injuries WorkCover
Queensland data shows that
musculoskeletal injuries from falls accounted for 7,919 claims in
the 2014-2015 financial year at a cost of over $51 million.
WorkCover Industry Manager Laurent Cazier says fall injuries in the
workplace are easily preventable if employers and workers work
together on four simple steps – identify hazards, assess
their risk, fix the problem and monitor performance (15 June 2016).
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2,300km of dangerous Infinity electrical cable remains
in homes
Thousands of homes across Australia still have faulty Infinity
electrical cabling installed, despite recalls of all Infinity
cables announced almost two years ago. Home owners that have had
any electrical work done since 2010 should contact the electrician
or builder responsible for the work and ask them if they used
Infinity cable or to inspect their work if they are not sure (14
June 2016).
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Builder fined $300,000 after wall collapse kills
carpenter
A builder was yesterday convicted and fined $300,000 in the County
Court over an incident in which a carpenter died after being
crushed by a brick wall on a construction site at Brighton East (15
June 2016).
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Feedback sought on new heavy vehicle
notices
NHVR says the oversize and over mass vehicle notices will reduce
red tape across the industry. Feedback sought on new heavy vehicle
notices. The National Heavy Vehicle Regulator (NHVR) is seeking
industry feedback on its upcoming Oversize and Over Mass (OSOM)
notices that are set to replace the existing annual permits for
Class 1 load carrying oversize and over mass vehicles in Victoria,
NSW, South Australia and Queensland (10 June 2016).
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CFMEU allegedly disrupt $200 million project with
repeated work stoppages
The CFMEU and five of its officials are facing penalties in the
Federal Court for allegedly organising unlawful work stoppages and
breaching right of entry provisions on six separate occasions at
the '180 Brisbane' office tower construction site. Despite
the WHS inspectors finding the access to be adequate, workers who
participated in the stop-work action failed to return to work (10
June 2016).
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Seafood industry responds to workplace safety
concerns
The NT Seafood Council says the fishing industry is constantly
improving its workplace safety standards and has denied suggestions
the safety on fishing vessels is 'shameful' (09 June 2016).
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FMG fined after worker loses both legs
An infrastructure company owned by Andrew Forrest's Fortescue
Metals Group is fined $50,000 after a contractor had both his legs
amputated after a workplace accident in Western Australia's
Pilbara (09 June 2016).
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NSW Budget: $2 Million Quad Bike Safety
Package
The upcoming NSW Budget will include a $2 million package to
reduce quad bike tragedies and injuries on farms. The NSW
Government will be offering rebates of up to $500 towards the
purchase of compliant helmets, Operator Protective Devices, the
purchase of a safer vehicle, such as a side-by-side vehicle, and
undertaking training courses tailored to farmers (11 June 2016).
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Adelaide superway: Construction firm John Holland fined
over safety mishap
Construction company John Holland has been fined $130,000 for
putting the lives of two motorists at risk during the building of
Adelaide's South Road "superway" (09 June 2016).
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How healthy is your workplace?
New data released by Ipsos shows that Australia is ranked 8th out
of a list of 25 countries when it comes to providing a healthy
working environment where employees also feel psychologically safe
(09 June 2016).
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Safety finally gets personal at Glencore
The data in the 2015 sustainability report that Glencore published
on Tuesday revealed this fatal trend had endured longer than we had
noted but that the company's embrace of a new approach to
safety and its management has had a profound effect on the business
(08 June 2016).
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High Risk Work licensing and the Work Health and Safety
Regulations
Under the model WHS Regulations high risk work activities require
a HRW licence. Some of these activities include the erection of
scaffolding, the operation of certain types of cranes, forklifts,
reach stackers and boom-type elevating work platforms, and
performing dogging and rigging work. High risk work training
requirements are found in Schedule 4 of the
model WHS Regulations (08 June 2016).
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Published – articles, papers, reports
Safety Soapbox 09 June 2016
Safety Alerts: Pressure testing of pipes; Working outdoors;
Escalator and travelator void in-fills Read the list of Reported
Incidents from 19 May – 2 June 2016. The 52 Reported
Incidents include: 2 fatalities, 12 near misses, 15 lacerations, 1
Asbestos related injury, 4 electric shocks, 3 punctures, 7
fractures, 7 unknowns and 1 rock fall.
SafeWork Australia: Return to Work Survey 2016 - Headline
Measure Report, Australia
The National Return to Work Survey was undertaken in April 2016.
New Zealand and all Australian jurisdictions (except for the
Australian Capital Territory) took part in the 2016 survey (15 June
2016)
In practice and courts
NTC: feedback on Australia's rail safety workers
standard
The National Transport Commission (NTC) has released a
consultation report with proposed changes to the National Standard
for Health Assessment of Rail Safety Workers (14 June 2016).
More...
NTC: Proposed options to improve heavy vehicle
charges
The National Transport Commission (NTC) has released a discussion
paper outlining possible options to improve the current method of
setting heavy vehicle charges.
A copy of the NTC's discussion paper is available here and
submissions can be lodged before Wednesday, 27 July 2016.
WorkCover Queensland: Causes of slips, trips and
falls
There are plenty of easy to use tools and resources from trusted
global injury prevention authorities, including Workplace Health
and Safety Queensland, available for employers and workers to
prevent fall injuries:
Causes of slips, trips and falls and ways to prevent them
Slips
and trips eLearning tools for food manufacturers, education,
healthcare and catering and hospitality
Slip,
trip and fall prevention for healthcare workers
QLD: Mine Safety Alert: No 357: Uncontrolled engine
shutdown on a dump truck
Vehicle collision or failure: Coal mines; Metalliferous (10 June
2016).
More...
QLD DNMR alert No 51: Transport providers authorised to
transport low risk loads of explosives
Explosives storage or transport (13 June 2016).
More...
WorkCover Queensland: 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.
More...
Cases
McDonald v Commissioner of Police [2016] NSWIRComm
1023
UNFAIR DISMISSAL – application for a non-disclosure order
– police officer – whistle blower – fears about
the implications of being named in the proceedings – fear of
a death threat – matters raised in the proceedings could
attract significant media or public attention – potential
complaint of misuse of public resources and maladministration
– fear of reprisals – psychological injury which was
work related – "interests of justice" test not met
– application dismissed.
Worksafe Victoria decisions
Bilic Homes Pty Ltd 005 916 585
14/06/2016
Fatality; Failure to provide a safe working environment
Occupational Health and Safety Act 2004 21(1)&(2)(c);
Melbourne County.
Gippsland Premium Quarries Pty Ltd 126 268 782
09/06/2016
Electric shock; Failure to conduct a risk/hazard assessment;
Failure to conduct a risk/hazard identification; Failure to provide
a safe system of work; Labour hire Occupational Health and Safety
Act 2004 26(1); La Trobe Valley Magistrates' Court.
See cases here http://www.worksafe.vic.gov.au/laws-and-regulations/enforcement/prosecution-result-summaries-and-enforceable-undertakings
Legislation – Commonwealth
Marine Order 75 (Seafarer certification amendment)
2016
09/06/2016 - AMSA MO 2016/5 - This order amends Marine Orders 70,
71, 73 and 74 which deal with seafarer certification. This package
of Marine Orders gives effect to Australia's obligations under
the STCW Convention.
Marine Order 42 (Carriage, stowage and securing of cargoes and
containers) 2016
09/06/2016 - AMSA MO 2016/6 - This order gives effect to Part A of
Chapter VI of SOLAS. Chapter VI of SOLAS relates to the carriage of
cargoes and oil fuels on vessels. Part A sets out the general SOLAS
requirements for these matters.
Legislation – Victoria
Bills Introduced and Second Read in the first House – 09 June 2016
Transport (Compliance and Miscellaneous) Amendment (Public Safety) Bill
Acts
No. 33: Transport (Compliance and Miscellaneous)
Amendment (Public Safety) Act 2016
Assent: 15/06/2016 SG (No. 183) 15/6/2016 p. 1 Commencement: Ss
1-4 on 16/06/2016: s. 2. Not yet in operation: N/A.
Proclamations
No. 33: Transport (Compliance and Miscellaneous)
Amendment (Public Safety) Act 2016
Assent: 15/06/2016 SG (No. 183) 15/6/2016 p. 1 Commencement: Ss
1-4 on 16/06/2016: s. 2. Not yet in operation: N/A.
Statutory Rules
No 50: Road Safety (Drivers) and (Vehicles)
Amendment (Fees) Regulations 2016
Commencement: 01/07/2016: reg. 3. Not yet in operation: Regs 1-8:
on 01/07/2016: reg. 3 Sunset Date: 24/05/2026.
No. 58: Public Health and Wellbeing Amendment
(Registered Premises) Regulations 2016
Date of Making: 15/06/2016 Commencement: 16/06/2016: reg. 3 Not
yet in operation: N/A. Sunset Date: 15/06/2026
Access Victorian legislation here www.legislation.vic.gov.au
Legislation – New South Wales
Proclamations commencing Acts
Heavy Vehicle (Adoption of National Law) Act 2013 No 42 (2016-322) — published LW 17 June 2016
Regulations and other miscellaneous instruments
Government Sector Employment Amendment (Transfers to Non-Government Sector) Regulation 2016 (2016-324) — published LW 17 June 2016
Heavy Vehicle (Adoption of National Law) Amendment (Penalties) Regulation (No 2) 2016 (2016-325) — published LW 17 June 2016
Weapons Prohibition Amendment (Exemptions) Regulation 2016 (2016-326) — published LW 17 June 2016
Liquor Amendment (RSA Courses and Certification) Regulation 2016(2016-306) — published LW 10 June 2016
Marine Safety Regulation 2016 (2016-308) — published LW 10 June 2016
Order regarding volunteers taking part in emergency operations under the State Emergency and Rescue Management Act 1989 (2016-299) — published LW 7 June 2016
Bills assented to
Emergency Services Levy Insurance Monitor Act 2016 No 23 — Assented to 07 June 2016
For the full text of Bills, and details on the passage of Bills, see Bill
Legislation – Queensland
Subordinate Legislation as made – 17 June 2016
No 72:
Transport Legislation Amendment Regulation (No. 1) 2016
State Penalties Enforcement Act 1999
Transport Operations (Road Use Management) Act 1995
No 73:
Public Safety Legislation Amendment Regulation (No. 1)
2016
Building Act 1975
Fire and Emergency Services Act 1990
Weapons Act 1990
Working with Children (Risk Management and Screening) Act
2000
No 80:
Electrical Safety and Other Legislation Amendment Regulation (No.
1) 2016
Electrical Safety Act 2002
Work Health and Safety Act 2011
Bills
Electricity and Other Legislation Amendment Bill
2016
PASSED with amendment on 15/06/2016
National Injury Insurance Scheme (Queensland) Bill
2016
PASSED with amendment on 26/05/2016 Assent Date: 14/06/2016
Act No: Act No. 34 of 2016 Commences: see Act for details
Workers' Compensation and Rehabilitation (National Injury
Insurance Scheme) Amendment Bill 2016
Introduced on 14/06/2016 Stage reached: Referred to Committee on
14/06/2016
Acts as passed 16 June 2016
No 34 National Injury Insurance Scheme (Queensland) Act 2016
