Australia: Work Health & Safety - Whats News - 2 August 2016

Last Updated: 8 August 2016
Article by Charles Power, Stephen Trew and Michael Selinger

Most Read Contributor in Australia, December 2017

In the media

Sydney builder fined after worker falls 12 metres
A Sydney construction company has been fined $87,500 after a labourer fell 12 metres from a scaffold at a Lane Cove construction site. The labourer had been employed by sub-contractor, Ultra Wall Pty Ltd who was charged with a breach of the Work Health and Safety Act 2011 but later went into liquidation (29 July 2016). More...

Working in an office poses same health risks as smoking
Research published in The Lancet has revealed that sitting for at least eight hours a day could increase the risk of a premature death by up to 60 per cent (28 July 2016). More...

Are rural workplaces being made more dangerous by drugs and alcohol?
Safe Work Australia's report on deaths at work has found that farming, fishing and forestry accounted for 23% of all workplace deaths in 2014. Three main things found in the study that encouraged drug and alcohol use: an expectation of regular drinking, long and irregular work hours and a lack of information and support to address substance problems (26 July 2016). More...

$90,000 fine over farm worker's death
The death of farm worker in Moree leads to a $90,000 fine after inadequate training and proper safety procedure (26 July 2016). More... More...

Supermarket recycling business liquidated to escape $800,000 worker death fine
The operators of a prominent recycling company have sought to escape massive penalties for the death of an employee after shutting down the business and resurrecting it under another name (23 July 2016). More...

Quad bike rebate scheme 'will save lives'
Victorian farmers are being encouraged to take part in a $6 million rebate scheme to help reduce quad bike deaths in Victoria (22 July 2016). More...

Contractor fined for arc flash incident
Contractor Crushing Services International has been fined after a worker was seriously burned in an arc flash incident (22 July 2016). More...

Cape York communities to receive electrical safety advice
Electrical safety inspectors are set to visit Cape York as part of the Queensland Government's effort to provide safety support and guidance to electricians, electrical contractors and Council workers in Indigenous communities (22 July 2016). More...

Falls a focus after Serious Injury Study
The Victorian State Trauma System & Registry annual report 2014/15 found that 459 people died from falls from a height of less than a metre over the year, compared with 301 in transport-related accidents. A national working party is now looking into how to prevent ladder falls and a review of the Australian & New Zealand Ladder Standard (21 July 2016). More...

National Farm Safety Week tackles safety in agriculture industry
National Farm Safety Week has begun this week to raise awareness of farm safety issues and improve worker health and safety. The main causes of injuries on farms are falls from height, manual handling incidents, from working with animals, as well as single vehicle accidents (20 July 2016). More...

CFMEU official in Court over allegations of abusive behaviour
FWBC has commenced proceedings in the Federal Court against the CFMEU and its official, Richard Hassett, for allegedly acting in an abusive and intimidating manner towards site management at a Hobart construction site (20 July 2016). More...

Published – articles, papers, reports

Safe Work Australia: Fatality statistics July 2016
As at July 26, there had been 86 fatalities reported - this is five more workers killed at work since the previously reported number at July 7. Four of these fatalities were in the Agriculture, forestry and fishing industries, the fifth one was in the Retail trade. The numbers and industries may vary as Safe Work receives more detailed information (to check for updates, go to the Safe Work Australia Work-related fatalities page).

WorkSafe Victoria: Safety Soapbox July 22
This edition's editorial focusses on the proposed draft OHS and EPS regulations, now open for public comment. The newsletter also includes items of interest from other jurisdictions. More...

In practice and courts

SafeWork Australia: New guide to help workers with cattle handling
Safe Work Australia has released a Guide to managing risks in cattle handling, which was developed in collaboration with industry experts and provides information on natural cattle handling techniques that use cattle behaviour and livestock handler position to achieve the desired goal (21 July 2016). More...

SafeWork Australia: National Farm Safety Week: agriculture industry To assist people working on farms, Safe Work Australia has partnered with the National Farmers' Federation to produce two short farm safety videos on machinery guarding and stockyard handling. More information including tips and links to guides on farm safety will be published on the Safe Work Australia website and social media. More...

CASA: New fatigue rules improved
Changes to improve the fatigue management rules have been finalised. To transition to the new fatigue rules air operators must submit draft operations manual amendments or a fatigue risk management application to CASA by 31 October 2016. Operators must complete their transition to the new rules by 1 May 2017. More....

NTC Reminder: ADG Code 7.5 Draft. Public Comment closes 9 August
The proposed Code and an overview of the changes, including how to make a submission, are on the National Transport Commission website. This links to the overview of the changes document, within this document are the links to the sections of the Code.

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. More...

SafeWork NSW: Guards and discs on angle grinders
The purpose of this safety alert is to highlight the risks associated with removing guards and using incorrect discs on angle grinders (27 July 2016). More...

SafeWork NSW: new ladder safety warning
SafeWork NSW has issued a reminder to NSW businesses to work safely with ladders after one worker was killed and four were seriously injured in falls over the past two months (27 July 2016). More...

SafeWork NSW reminder: Consultation period for horse industry code of practice extended
The consultation period for the draft horse industry Code of Practice has been extended to 28 August. The Code of Practice aims to reduce work-related injuries and fatalities involving horses. More...

WorkCover Queensland: Three myths about workplace injuries
With over 40,000 musculoskeletal workplace injury claims registered with WorkCover Queensland in 2014-15, three myths are targeted which offer some practical solutions and alternative ways of thinking which can help to shift safety attitudes and improve outcomes (19 July 2016). More...

Worksafe Victoria: Safety Alert - Ceiling hoists and track systems
This alert highlights the risk of using ceiling tracks systems with incompatible fixed or portable ceiling hoists (27 July 2016). More...

Victoria: HSR Submission Portal experiences of WorkSafe
The VTHC wants to hear from health and safety reps about their views on WorkSafe's Compliance and Enforcement activities. Go to the HSR Submission Portal and tell us about your experiences. The closing date for submissions is 1 August 2016. The discussion paper is available from the review website.

WorkSafe Victoria: Occupational Health and Safety Regulations 2007 and Equipment (Public Safety) Regulations 2007 (EPS Regulations) Review WorkSafe Victoria (WorkSafe) is required to review and remake these regulations by June 2017. Public comment on the OHS Regulations, EPS Regulations and required Regulatory Impact Statement will commence for a period of two months from 18 July 2016 until 9 September 2016. More...


McDonald v Commissioner of Police (No 2) [2016] NSWIRComm 1032
POLICE – Senior Constable – application pursuant to section 84 for relief in relation to unfair dismissal – application by the respondent that application be struck out on the ground that the Commission does not have jurisdiction – bullying and harassment at work – discrimination in the course of employment – unwarranted investigation into conduct outside of work hours – diagnosed with depression/anxiety and deemed unfit for work – no option other than to resign from employment – constructively dismissed – rights of appeal for police officers – comparison of rights conferred by Part 9 of the Police Act with rights conferred by Chapter 2 Part 6 of the Act – Part 9 of the Police Act 1990 establishes exclusive scheme whereby dismissed police officers are able seek relief – no jurisdiction under Chapter 2 Part 6 of the Act to hear and determine the applicant's unfair dismissal claim – application dismissed.

Dominello and Linfox Australia Pty Ltd [2016] AATA 483
PRACTICE AND PROCEDURE - extension of time - delay on part of solicitor - whether applicant rested on his rights - whether prejudice to respondent - whether application has prospects of success - extension of time granted - Administrative Appeals Tribunal Act 1975 (Cth) s 29; Safety, Rehabilitation and Compensation Act 1988 (Cth) s 65.

WorkSafe Victoria decisions

Australian Box Recycling Pty Ltd 081 095 472 22/07/2016 Crush injuries; Fatality; Failure to provide and maintain plant Occupational Health and Safety Act 2004 21(1)&(2)(a) ; Melbourne County. More...

Legislation – Victoria

Statutory Rules made

No. 88: Subordinate Legislation (Rail Safety (Local Operations) Regulations 2006) Extension Regulations 2016
Date of Making: 19/07/2016 Commencement: 19/07/2016. Not yet in operation: N/A. Sunset Date: 24/07/2017: reg. 4.

No 90: Dangerous Goods (HCDG) Regulations 2016
Date of Making: 26/07/2016. Commencement: 31/07/2016: reg. 3 Not yet in operation: Regs 1-35: on 31/07/2016: reg. 3 Sunset Date: 26/07/2026. Access Victorian legislation here

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Michael Selinger
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions