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:
- prescribe notifiable occupational diseases under Queensland's coal mining and mining and quarrying safety and health laws
- clarify coal mine worker health assessment requirements
- introduce voluntary respiratory and chest x -ray examinations for retiring coal mine workers
- 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.
