In the media
Chain of Responsibility amendments pass
Better safety outcomes and a stronger Chain of Responsibility (CoR)
are the result of the Queensland Parliament yesterday passing
amendments to the National Heavy Vehicle Law. An implementation
period has been proposed that will see these reforms come into
effect in mid-2018 (02 December 2016).
More...
Lendlease covering up incidents on Barangaroo worksite:
former safety manager
A former senior employee of construction giant Lendlease says the
company routinely covers up safety issues on Sydney's
Barangaroo building site, and does not report serious incidents to
authorities (02 December 2016).
More...
New Commonwealth procurement rules from next
year
The Government has been forced to concede its position on the rules
in order to get its Australian Building and Construction Commission
(ABCC) bill through the Senate. Under the new rules Government
officials would also need to consider whether bidders are ethical
employers, and are in compliance with occupational health and
safety and environmental standards (01 December 2016).
More...
Firefighters' union praises Victorian
Government's response to Fiskville Inquiry
Last week the Victorian Government released its response to the
Environment, Natural Resources and Regional Development Committee
Inquiry into the CFA Training College at Fiskville. The document
outlines the actions that are being taken in response to the
Fiskville report.
(Final Report) More...
More...
National explosives regulation in place by
2017
Safe Work Australia said that it welcomes the decision by Work
Health and Safety ministers to progress reforms outlined in the
Explosives Regulation in Australia: Decision Regulation Impact
Statement. This work is the result of a decision by the Council of
Australian Governments to progress national consistency in
explosives regulation (29 November 2016).
More...
Safe Work reports make work safer
Safe Work Australia has published two new research reports on
workplace bullying and mental health. According to the Director of
Research and Evaluation at Safe Work Australia, the findings of the
reports will be important in the development of national policies
for promoting improved psychological health at work (29 November
2016).
More...
McArthur River Mine workers break silence with
allegations of serious injuries from toxic smoke
Former fly-in-fly-out workers claim they have serious injuries
after breathing in toxic smoke from burning rock on one of the
world's biggest zinc and lead mines, and that owner Glencore
has not offered compensation or assistance. Glencore has responded
by saying the mine complies with the NT Workers'
Rehabilitation and Compensation Act (29 November 2016).
More...
Why coal-fired power stations need to shut on health
grounds
The Senate inquiry's report into the planned closure of
coal-fired power stations will no doubt shed light on the
compelling health reasons to close them. The three main pollutants
from coal-fired power stations are sulphur dioxide, nitrogen oxides
and invisible particulate matter (known as PM10 or PM2.5) (28
November 2016).
More...
Dreamworld safety audit: Inspectors issue improvement
notices after fatal accident
Seven improvement notices have been issued to Dreamworld by
Workplace Health and Safety (WHS) officers in the wake of a deadly
ride malfunction last month, as a minister reveals she expects the
Gold Coast theme park to reopen by Christmas (25 November 2016).
More...
Fiskville parliamentary inquiry: Victims could get
compensation
A parliamentary inquiry found the CFA covered up concerns about the
health of people working and living at Fiskville. The inquiry
recommended a redress scheme with a low threshold for evidence,
because a lot of supporting documentation of people's time at
Fiskville is unlikely to still exist (24 November 2016).
More...
Fine imposed over Central Queensland mine
death
The operator of a Central Queensland coal mine was fined $137,500
in the Mackay Industrial Magistrates Court in relation to the 2014
death of a mine worker. In October 2016 the mine operator pleaded
guilty to a charge relating to its failure to ensure procedures
were developed and implemented to ensure that the job cards given
to workers were updated (24 November 2016).
More...
Dreamworld safety audits complete
Workplace Health and Safety Queensland inspectors have completed
their safety audits of every amusement ride at Dreamworld (25
November 2016).
More...
Black lung inquiry: Miner says Vale unsure what to do
with him after diagnosis
A mining industry veteran has told a Queensland inquiry
investigating the re-emergence of the potentially deadly black lung
disease that the fear of not being able to breathe, and of losing
his job, causes him great stress (23 November 2016).
More...
Safety blitz targets demolition sites
WorkSafe inspectors have begun a month-long blitz targeting
dangerous and sub-standard demolition work. Inspectors expect to
visit more than 800 demolition and construction sites across the
state to ensure work is carried out as safely as possible (23
November 2016).
More...
Funding scheme to tackle NSW workplace, road
injury
The NSW Government has set up a $100 million foundation to fund
programs aimed at preventing injury and improving the wellbeing of
people hurt at work or on the road (icare) (21 November 2016).
More...
CFMEU talk with Qld govt on new work laws
The Queensland government is consulting with the CFMEU about
reframing industrial work laws to include the offence of gross
negligence causing death (18 November 2016).
More...
Published – articles, papers, reports
New research reports released on workplace mental health
in Australia
Safe Work Australia has published two new research reports that
present the latest findings on the prevalence of workplace bullying
and harassment; and the impact of management commitment to
psychological health and safety and poor mental health in the
workplace on organisational productivity (23 November 2016).
More...
See Bullying and Harassment in Australian Workplaces: Results from
the Australian Workplace Barometer 2014/15
Psychosocial Safety Climate and Better Productivity in Australian
Workplaces: Costs, Productivity, Presenteeism, Absenteeism
Safe Work Australia Fatality statistics
As at November 22, there had been 157 fatalities reported to Safe
Work Australia - this is nine more notifications since the last
update on November 8 - nine more families who have lost a loved
one. Four of these deaths were in the Transport, postal and
warehouse sector, two fatalities in the agriculture and in the
construction sectors. 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).
NHVR Safety update
Industry update 32 - 25 November 2016 - New draft units of
competency for fatigue management accreditation, NTC review - HVNL
investigative and enforcement powers, NTC review - Increasing
allowed volume where mass is not the constraint, NHVR Technical
Working Group, Christmas and New Year business hours.
In practice and courts
Safe Work Australia: Model Code of Practice: Managing
risks in stevedoring now available
Safe Work Australia has published the model Code of Practice:
Managing risks in stevedoring. The model Code provides
practical guidance to assist stevedoring duty holders in achieving
the standards of health and safety required under the model Work
Health and Safety laws (02 December 2016).
Safety Standards
AS/NZS 4602.1:2011/Amdt 1:2016
High visibility safety garments - Garments for high risk
applications. Standards Australia.
AS ISO/IEC 80079.20.2:2016
Explosive atmospheres - Material characteristics - Combustible
dusts test methods. Standards Australia.
NTC New rail safety workers standard
released
The National Transport Commission (NTC) today released the revised
National Standard for Health Assessment of Rail Safety Workers,
which will come into effect on 1 February 2017 (25 November 2016).
More...
Senate Inquiry Update
Non-conforming building products
Status: Accepting Submissions; Date Referred: 11 October 2016;
Submissions Closed: 01 December 2016; Reporting Date: 25 May
2017.
NHVR: Daily safety check list launched for
operators
A simple safety initiative launched by the National Heavy Vehicle
Regulator (NHVR) will help truck drivers – and other
motorists (25 November 2016).
More...
NTC input on potential reforms to investigative and
enforcement powers
Interested parties have been invited to make submissions on ways to
improve Australia's
Heavy Vehicle National Law (HVNL) and
Chain of Responsibility (CoR) laws. More information including
a copy of the discussion paper is
available here. Submissions can be made until 9 December 2016
via the NTC's
website.
(NHVR) More...
ARPANSA Consultations
Invitation
to Comment: Radioactive Waste Storage & Disposal
Facilities
Closing date for comments - 9 December 2016.
IAEA Draft for Member State Comment
IAEA draft for review: DS493 - Format and Content of the Package
Design Safety Report (PDSR) for the Transport of Radioactive
Material. Closing date for comments – 11 March 2017.
More...
Senate Inquiry Update
Non-conforming building products
Status: Accepting Submissions; Date Referred: 11 October 2016;
Submissions Closed: 01 December 2016; Reporting Date: 25 May
2017.
NSW Safework: Have your say on work health and
safety
A new discussion paper, released today, examines how the national
model work health and safety laws that commenced on 1 January 2012.
The discussion paper is available from our
Work health and safety legislation web page and the
haveyoursay.nsw.gov.au site. Responses can be lodged online or
by mail and submissions close 20 December.
More...
Free SafeWork roofing seminars following spate of local
incidents
SafeWork NSW will hold two free safety seminars next week for local
tradies after several local workers were seriously injured (28
November 2016).
More...
eSAFE Construction - November 2016
Residential construction safety – Back to basics; Why should
your workplace be mentally healthy?; Improving site safety through
building information modelling; Manual task injury prevention not a
priority for principal contractors (28 November 2016).
More...
DNRM safety alert No 70:
Importance of gas detection equipment maintenance and
calibration
Gases, Petroleum and gas safety alert – 23 November 2016.
DNRM safety bulletin No 158:
Fixed plant and mobile equipment fires on surface coal
mines
Coal mines; Metalliferous mines; Quarry operations – Mines
safety bulletin, 21 November 2016.
WorkCover Queensland: Virtual Seminar Series - new
website
Safe Work Australia again this year will host a series of free
online seminars throughout October, November and December 2016. Visit Safe Work
Australia's new website.
More...
esafe Electrical: Renewable energy standards
update
Installers and suppliers of renewable energy systems, including
solar PV systems, should note that the renewable energy standards
have been updated. AS/NZS 4777.1:2016 Grid connection of energy
systems via inverters – Part 1: Installation requirements now
incorporates advances in technology and equipment available. It
should still be read in conjunction with the AS/NZS 3000 wiring
rules and also AS/NZS 5033 if the energy source includes a
photovoltaic (PV) array (24 November 2016).
More...
WorkSafe Victoria: Safety Soapbox 25 November
2016
In the editorial, WorkSafe's Construction Strategy and
Prevention Manager Barry Dunn writes about the findings of the
regulator's July focus campaign on falls prevention. Falls
remain a leading cause of death and serious injury in construction.
There were 65 Reported Incidents in the construction, utility,
quarrying and mining industries. Access the November 25 Safety
Soapbox edition
online, including the link to the list of reported incidents in
other states.
Cases
House
v Anglo Coal (Callide Management) Pty Ltd & Anor [2016]
QDC 303
Employer/employee – labourer hirer/hiree – liability
– whether vicarious liability – common law and
statutory bases – whether contributory negligence.
Healy
v Logan City Council [2016] QCA 314
INTERPRETATION – GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS
– GENERAL MATTERS – where the applicant applies for
leave to appeal against an order made by a judge of the District
Court pursuant to s.287 of the Workers' Compensation and
Rehabilitation Act 2003 (Qld) ('the Act') that the
respondent comply with its obligations under s.279(1) of that Act
by providing the applicant with certain information but otherwise
dismissing the applicant's application – where the
applicant contends that the duty to cooperate expressed in the
introductory words of s.279(1) of the Act extends to information
which is not comprehended within s.279(1)(b) – where the
applicant further submits that the phrase 'in particular
by' means 'especially' – where the applicant
submits that the narrow construction preferred by the primary judge
did not give effect to the applicable objects of the Act –
where the respondent submits that the primary judge's
interpretation of s.279 is correct – whether the primary
judge's construction of s.279 is correct.
Legislation - Commonwealth
Bills
Building and Construction Industry (Improving
Productivity) Bill 2013
Finally passed both Houses 30/11/16 Assent 01/12/16 Act no: 87
Year: 2016.
Introduced with the Building and Construction Industry
(Consequential and Transitional Provisions) Bill 2013, the
bill: re-establishes the Australian Building and Construction
Commissioner (ABC Commissioner) and the Australian Building and
Construction Commission; enables the minister to issue a Building
Code; provides for the appointment and functions of the Federal
Safety Commissioner; prohibits certain unlawful industrial action;
prohibits coercion, discrimination and unenforceable agreements;
provides the ABC Commissioner with powers to obtain information;
provides for orders for contraventions of civil remedy provisions
and other enforcement powers; and makes miscellaneous amendments in
relation to self-incrimination, protection of liability against
officials, admissible records and documents, protection and
disclosure of information, powers of the Commissioner in certain
proceedings, and jurisdiction of courts.
Australia
New Zealand Food Standards Code — Schedule 20 – Maximum
residue limits Variation Instrument No. APVMA 11,
2016
28/11/2016 - This instrument amends the s.82(2) of the Food
Standards Australia New Zealand Act 1991; s.44(1) of the
Legislation Act 2003 to set new and varied maximum residue
limits and make changes to certain residue definitions, commodities
and substances.
Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL
Standard) Amendment Instrument 2016 (No.
16)
28/11/2016 - This instrument amends the Agricultural and
Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012
to set new and varied maximum residue limits and make other changes
to the tables with respect to certain residue definitions,
commodities and substances.
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.