Australia: Work Health & Safety - What's News - 12 October 2016

In the media

Safety alert issued after grain fire and dust explosion in silo
A safety alert has been issued after a farmer fell eight metres from a ladder and suffered serious injuries while trying to extinguish a barley grain fire in a large grain silo. According to the safety alert, more grain dust may have been raised into the air after the farmer squirted water into the silo. More...

National Safe Work Month launched
The CEO of Safe Work Australia, Michelle Baxter, has launched 2016 National Safe Work Month in a video message that appeals to workers to save lives by having a conversation, sharing stories and raising awareness about work health and safety. More...

Eagle Farm construction deaths: Investigations continue into how concrete panel crushed two men
Workplace Health and Safety Queensland officers will return to Brisbane's Eagle Farm racecourse today to continue investigations into the deaths of two workers crushed by a concrete panel (07 October 2016). More...

Stairwell void fall ends in $80,000 fine and conviction
A construction company was found guilty by a County Court jury of an incident in which a carpenter survived a fall of almost three metres down an unguarded stairwell void at a construction site in Doncaster in 2011 (06 October 2016). More...

Contractor fined for worker's fatal crush incident
Rod Mitchell's Transport and Exploration Services (RMTES) has been fined $110,000 for the death of a worker at the Woodie Woodie mine last year (05 October 2016). More...

Even court orders to 'stop bullying' don't always help
While bullying has been a topic of considerable debate over the past decade, in school yards and workplaces, its prevalence among federal government employees was drawn into the spotlight recently (03 October 2016). More...

Queensland launches bus driver safety review
The Queensland Government is conducting a review into bus driver safety throughout the state following the number of assaults faced by drivers (30 September 2016). More (Safe to Work website)... More (ABC News)...

Queensland vet found guilty of breaching workplace laws while treating Hendra
A Queensland vet is sentenced to a 12 month court order after finding her guilty of breaching workplace laws while treating a horse with Hendra virus (30 September 2016). More...

First fatality-free year in Queensland's mining history
The Queensland mining industry has recorded its first ever fatality-free year in 2015–16. Commissioner for Mine Safety and Health, Kate du Preez said while this achievement is something to be celebrated, it has been tarnished by the sudden reappearance of Coal Workers' Pneumoconiosis (CWP) and a number of serious accidents and high potential incidents (HPI's). More...

Job losses in steel industry linked to rise in domestic violence
Job losses have been linked to a rise in domestic violence rates in a new analysis of the impact of a major downturn in the steel industry. The Illawarra Legal Centre has identified a 16 per cent increase in calls from victims of family and domestic violence during the last major downturn at Bluescope Steel when 1500 jobs were lost (29 September 2016). More...

Snapchat could be bullying headache for managers The booming use of messaging app Snapchat could cause major headaches for employers as workplace bullies take advantage of its self-destruct selling point. Snapchat allows its millions of users to send messages, particularly photos or videos, to others but then automatically destroys the messages after they have been viewed (29 September 2016). More...

Gold Coast skipper convicted of maritime offences
The Australian Maritime Safety Authority (AMSA) has successfully prosecuted the operator and master of a Gold Coast charter boat for maritime offences under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (28 September 2016). More...

Almost a fifth of midwives 'suffering PTSD', study finds
A study of 707 midwives concludes midwives carry a high psychological burden and PTSD should be acknowledged as an occupational stress (28 September 2016). More...

Government won't act on UN ruling defence base firefighting chemical is toxic
The Australian Department of Health is not changing its health advice on a defence base contaminant, despite a United Nations (UN) toxins committee ruling the chemical is linked to serious disease (28 September 2016). More...

Australian fire safety standards for transport operators revised
Changes have been made to fire safety standards for mobile transport owners and operators under the revised Australian Standard AS 5062-2016 Fire protection for mobile and transportable equipment (27 September 2016). More...

Trucking boss Peter Colbert 'showed no remorse' over driver's death caused by faulty brakes
A former trucking company boss found guilty of manslaughter over the death of one of his drivers due to faulty brakes has not shown genuine remorse for his actions, an Adelaide court has heard (27 September 2016). More...

Published – articles, papers, reports

Mines inspectorate annual performance report for 2015-16
Queensland Independent Commissioner for Mine Safety and Health; Monash University; released 30 September 2016
The Mines Inspectorate has identified a number of hazards and common contributing factors or root causes. In 2015-16 there was a heightened focus by the Mines Inspectorate on dust management, in particular in underground coal mines.

In practice and courts

Safework Australia: New website for the Virtual Seminar Series
Our Virtual Seminar Series has a new website where you can see the broadcast schedule and watch our latest seminars. Browse the range of playlists on many different topics relating to safe workplaces, or search by industry or topic (07 October 2016).

ARPANZA: Draft Code for Radiation Protection in Planned Exposure Situations - Second Round Public Consultation
The draft Code for Radiation Protection in Planned Exposure Situations (the Planned Exposure Code) has been released for a second period of public consultation. Submissions close 10 October 2016 (16 September 2016). More...

Have your say on the NSW self-insurance licensing framework
The discussion paper, which includes standard licensing conditions and insurer top tier requirements, as well as the PwC report, is available on the WorkCover website www.workcover.nsw.gov.au with submissions accepted until 11 November 2016.

Queensland WorkCover: Always test and inspect electrical work to ensure it is safe to energise
You must always test and inspect electrical work to ensure the installation is safe to energise. This includes any alterations, repairs or additions made to existing electrical installations (07 October 2016). More...

New Safety Standards

AS/NZS 60079.29.3:2016
Explosive atmospheres - Gas detectors - Guidance on functional safety of fixed gas detection systems.

Reminder: International Asbestos Awareness and Management Conference
Venue: 13 - 15 November at Adelaide Convention Centre (ACC) on Adelaide's North Terrace. Bookings are now open and programme details will be available soon. Presentations and highlights from the 2015 ASEA Conference are now available from the ASEA website.

Cases

SafeWork NSW v Rawson Homes Pty Ltd [2016] NSWDC 237
CRIMINAL LAW – prosecution – work health and safety – duty of person conducting business or undertaking (PCBU) to employees of a contractor to the PCBU – whether the duty owed under s 19(1) or s 19(2) of the Work Health and Safety Act 2011 – meaning of "other workers" in s 19(2).

ABD Group Pty Ltd 109 588 589 29/09/2016
Falls/work at height offences; Failure to provide a safe working environment Occupational Health and Safety Act 2004 26(1); Melbourne County Court.

Maroondah City Council 06/10/2016
Guarding; Traffic management; Unguarded plant; Failure to provide and maintain plant Occupational Health and Safety Act 2004 21(1)&(2)(a); Ringwood Magistrates' Court.

Legislation - Commonwealth

Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 3) 07/10/2016 - This instrument modifies the provisions under which Civil Aviation Order 48.1 Instrument 2013 takes effect, by extending the date by which operators must comply with the new Civil Aviation Order 48. The purpose of these extensions of time is to provide further time and opportunity for operators to prepare their organisations for transition to the requirements of CAO 48.1, and for CASA to prepare and make available additional resources, templates and other advisory materials for the transition. The extension will also enable CASA to facilitate the conduct of a comprehensive independent review of CAO 48.1, and provide sufficient time for operators to be alerted to any modifications to current requirements that might emerge from that review.

Australia New Zealand Food Standards Code — Schedule 20 — Maximum residue limits Variation Instrument No. APVMA 9, 2016 04/10/2016 - This instrument amends Australia New Zealand Food Standards Code - Schedule 20 - Maximum residue limits Variation Instrument No. APVMA 5, 2016 to set new and varied maximum residue limits and make changes to certain residue definitions, commodities and substances.

CASA EX146/16 - Exemption — Flight examiners if authorised by CASA 29/09/2016 - This instrument exempts flight examiners from the prohibition in paragraph 61.1295 (2) (b) of the Civil Aviation Safety Regulations 1998 (CASR 1998) against a flight examiner conducting flight tests for an applicant for a commercial pilot licence if the examiner is also the person who issued the applicant with certification under regulation 61.235 of CASR 1998.

Heavy Vehicle National Law - HVNL Interim Guidelines for Industry Codes of Practice (July 2014) Amendment Notice 2016 (No.2) 29/09/2016 - The purpose of this Notice is: (1) to amend the HVNL Interim Guidelines for Industry Codes of Practice (July 2014) (the Interim Guidelines); and (2) to state the status of industry codes of practice currently registered under the Interim Guidelines.

Legislation -Victoria

No. 34: Witness Protection Amendment Act 2016
Commencement: Pts 1 (ss 1-3), 4 (s. 40) on 05/10/2016: SG (No. 289) 20/9/2016 p. 1 Not yet in operation: Ss 4-39, 41 Pts 1 (ss 1-3), 4 (s. 40) on 05/10/2016: SG (No. 289) 20/9/2016 p. 1.

No. 43: Emergency Management (Control of Response Activities and Other Matters) Act 2015
Commencement: Ss 1-5, 7-9, 12-14, 16-26(1), 28-34, 41 on 23/09/2015: SG (No. 276).
22/9/2015 p. 1: s. 2(1) Ss 6, 10, 11, 15 on 01/08/2016: SG (No. 233) 26/7/2016 p.1.
Ss 26(2), 27, Pt 3 Div. 4 (ss 35-40) on 19/09/2016: SG (No. 284) 13/9/2016 p.1.
Not yet in operation: Ss 26(2), 27, Pt 3 Div. 4 (ss 35-40): on 19/09/2016: SG (No. 284) 13/9/2016 p.1.

No 49: Livestock Disease Control Amendment Act 2016
Assent: 20/09/2016 SG (No. 288) 20/9/2016 p. 1 Commencement: NYP. Not yet in operation: Ss 1-13.
Access Victorian legislation online at www.legislation.vic.gov.au

Legislation -New South Wales

Regulations and other miscellaneous instruments
Marine Safety Amendment Regulation 2016 (2016-613) — published LW 7 October 2016.

Proclamations commencing Acts
Marine Legislation Amendment Act 2016 No 28 (2016-609) — published LW 7 October 2016.
Marine Safety Act 1998 No 121 (2016-610) — published LW 7 October 2016.

Bills introduced Government – week ending 23 September 2016
Industrial Relations Amendment (Industrial Court) Bill 2016
The Bill will move all existing judicial function of the Industrial Relations Commission to the Supreme Court to allow existing Supreme Court judges to hear matters as required.

Legislation -Queensland

Subordinate legislation as made

No 174: Proclamation commencing certain provisions
Public Safety Business Agency and Other Legislation Amendment Act 2016

No 176: Mining Safety and Health Legislation (Coal Workers' Pneumoconiosis and Other Matters) Amendment Regulation 2016
Coal Mining Safety and Health Act 1999; Mining and Quarrying Safety and Health Act 1999
The objectives of the Mining Safety and Health Legislation (Coal Workers' Pneumoconiosis and Other Matters) Amendment Regulation 2016 are to:

  1. prescribe notifiable occupational diseases under Queensland's coal mining and mining and quarrying safety and health laws
  2. clarify coal mine worker health assessment requirements
  3. introduce voluntary respiratory and chest x -ray examinations for retiring coal mine workers
  4. strengthen respirable dust management requirements

No 181 Industrial Relations Amendment Regulation (No. 1) 2016
Industrial Relations Act 1999 – 07/10/2016 - The objective of this regulation is to remove any ambiguity concerning the industrial relations status of the National Injury Insurance Agency, Queensland (NIIA-Qld) by declaring it as not a national system employer for the purposes of FW Act.

No 182 Agriculture and Other Legislation Amendment Regulation (No. 2) 2016
Agricultural Chemicals Distribution Control Act 1966
Chemical Usage (Agricultural and Veterinary) Control Act 1988
– 07/10/2016 – outlines regulation for commercial operator's licences.

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 Mondaq.com.

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

Authors
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”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (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 www.mondaq.com

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 Mondaq.com’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.

Disclaimer

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.

Registration

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 by clicking here .

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 unsubscribe@mondaq.com 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.

Cookies

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.

Links

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.

Mail-A-Friend

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.

Security

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 webmaster@mondaq.com.

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 EditorialAdvisor@mondaq.com.

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 enquiries@mondaq.com.

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