Australia: Work Health & Safety - Whats News - 1 February 2017

In the media

Government commits to 'never' re-establish RSRT
The federal government has promised to "never" re-establish the tribunal or a similar body that sets up mandatory pay rates that only apply to owner-drivers and small businesses. The government says that the Transport and Infrastructure Council and the NHVR are working to "develop smarter roadside compliance systems, more flexible codes of practice arrangements, and education materials to help the road transport industry better understand their safety obligations" (24 January 2017). More...

Is your workplace as safe as you think?
As employers, it's normal to assume your workplace is safe if you've ticked all the boxes and regularly perform checks. But a recent study by Safe Work Australia shows we might not be managing health and safety as well as we should (24 January 2017). More...

Bliss n Eso actor death a 'wake-up call' for film and TV industry safety, union says
Australia's film and television union says it will take a fresh look at safety for the entire industry after a man was shot dead during the filming of a music video for Australian hip hop group Bliss n Eso in Brisbane's CBD (24 January 2017). More...

Queensland bus drivers, union call for tougher penalties as attacks continue
Bus drivers want assaults on them to be treated as seriously as those on health and emergency workers, with the union representing them claiming dozens of attacks have already been recorded in the first few weeks of the year (22 January 2017). More...

CASA: First step in fatigue rules review
Work to set up an independent review of the new fatigue rules has begun. CASA has finalised the Terms of Reference for the review and issued a tender to engage the services of a suitably qualified independent specialist, or team of specialists, to undertake a review of the latest fatigue rules for air operators and pilots. Learn more about the independent review of the fatigue rules (20 January 2017). More...

$57,500 penalty for CFMEU's 'Armageddon' threat at Royal Adelaide Hospital
The Federal Court has handed down penalties totalling $57,500 to the CFMEU and two of its bosses who threatened "Armageddon" and national industrial action in a dispute at the Royal Adelaide Hospital site (20 January 2017). More...

Dowdell family disgusted by truckie Kenneth Pillar's 'attempts to avoid prosecution'
The family of a South Australian woman killed in a head-on collision feels disgusted and insulted by the truck driver convicted over the crash and "his attempts" to avoid prosecution, the District Court has heard (18 January 2017). More...

Motorists chase compensation for damage caused by Bruce Highway potholes
Motorists who had their cars damaged by a large pothole on the Bruce Highway near Mount Sheridan are seeking compensation from the contractor (18 January 2017). More...

Engineering business fined $225,000 over worker's death
A mechanical and engineering business has been fined $225,000 over the death of a worker at its Cobar workshop in 2014. SafeWork NSW charged PJL Pty Ltd with a breach of section 19(1)/32 of the Work Health and Safety Act (NSW) for failing to manage the risk of serious injury or death from the load frame moving or falling (18 January 2017). More...

Unions face Industrial Relations Commission after telling paramedics to shed heavy jacket in heatwave
The Australian Paramedics Association (APA) and the Health Services Union NSW (HSU) were in court this week by NSW Ambulance for advising paramedics not to wear long-sleeved over-shirts during the recent weeks of soaring temperatures across NSW (17 January 2017). More...

UNSW creates 'smart' fabric to aid safety, medical sectors
University of New South Wales (UNSW) biomedical engineers have developed a 'smart' fabric, similar to bone tissue, that is hoped to transform the safety, medical and transport and industries (17 January 2017). More...

Decision Regulation Impact Statement - Managing risks associated with lead in the workplace
Safe Work Australia has published a Decision Regulation Impact Statement (DRIS) on Managing risks associated with lead in the workplace: blood lead removal levels and workplace exposure standard (17 January 2017).

Published – articles, papers, reports

Safe Work Australia Fatality statistics
As at 13 January, 7 Australian workers have been killed at work in 2017. 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).

In practice and courts

WorkCover Queensland: Learning the art of office ergonomics
Office ergonomics can help you be more comfortable at work, lower stress, and reduce injuries caused by awkward positions and repetitive tasks (24 January 2017). More...

NHVR: Further extension to NSW brake testing transition period
The NHVR and Road and Maritime Services will further extend the current brake testing transition arrangements in NSW until June 2017. More...

Office of Federal Safety Commissioner: July to December 2015 Biannual Data Analysis Report
The report was released on 17 January 2017. More...

NTC: Edition 7.5 of the Australian Dangerous Goods
Visit the NTC website to view all of the changes outlined in Edition 7.5 of the Australian Dangerous Goods, before it takes effect on 1 March 2017.

NTC proposes hydrogen, electric vehicle identifiers
The National Transport Commission (NTC) has invited industry parties to share their thoughts on the latest proposed amendments to the light and heavy vehicle standards. Submissions on the amendments can be made until 3 February 2017.

Senate Inquiry Update
Non-conforming building products
Date Referred: 11 October 2016; Submissions Closed: 01 December 2016; Reporting Date: 25 May 2017.

NSW SafeWork: Chemical spills
Safety Alert 10/01/2017 - This safety alert highlights the severe skin burns that can be caused to workers from caustic chemicals used in restaurants and cafés. More...

NSW SafeWork: Audiometric testing exemption
SafeWork NSW has issued a further one year exemption for the audiometric testing requirements of clause 58(2) of the Work Health and Safety Regulation 2011. The exemption is in force until 1 January 2018. More...

QLD: DNRM Safety Alert 335: Driver thrown from cab in articulated truck roll over
Industry: Metalliferous mines; Subject Transporting materials; Vehicle collision or failure (23 January 2017). More...

Dangerous Goods Operations conference 2017
The Marcus Evans Dangerous Goods Operations (DGO) conference will take place in Melbourne on 16 – 17 March 2017, exploring the best safety management and DGO practices across a range of industries. More...

Cases

Green v State of Queensland, Brooker and Keating [2017] QCAT 008
HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF DISCRIMINATION - SEX DISCRIMINATION – SEXUAL HARASSMENT – where co-workers set up a sexually explicit prank – whether intention or effect was to humiliate the Applicant – whether events were within section 119 of the Anti-Discrimination Act 1991 (Qld) (sexual harassment).
HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF DISCRIMINATION - SEX DISCRIMINATION – OTHER MATTERS – where there were alleged detrimental acts after the complaint – whether they were acts of victimisation.
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – REMOTENESS AND CAUSATION – NEW INTERVENING FORCE – whether Applicant feigned his reaction to the prank or grossly exaggerated the effect of the events upon him.
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – NON-PECUNIARY DAMAGE – whether the Tribunal should award compensation at a higher level because of Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 – whether the Tribunal should be influenced by the award in that case – whether interest should be added to the award for non-financial loss.
PROCEDURE – PERSONAL INJURY OR FATAL ACCIDENTS PROCEEDINGS -STATEMENT OF LOSS AND DAMAGES – where the Tribunal ordered the Respondents to file a Counter Schedule of Loss - where a number of issues of dispute were raised for the first time in final submissions – whether they should have been identified in the Counter Schedule of Loss.

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Abseal Case) [2017] FCA 11
INDUSTRIAL LAW – where subcontractor employees not inducted to undertake construction work – consideration of evidence explaining refusal for varying reasons including failure to pay union fees and lack of relevant enterprise agreement – allegations of adverse action and discrimination by union toward subcontractor and employees – whether subcontractor and employees engaged in industrial activity – whether subcontractor exercising workplace right – whether induction staff acting on behalf of union – application dismissed. Fair Work Act 2009 (Cth) ss 340, 341, 342, 346, 347, 354, 363, 793; Fair Work (Building Industry) Act 2012 (Cth) s 45.

Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Acciona Infrastructure Australia Pty Ltd and Ferrovial Agroman (Australia) Pty Ltd t/as the Pacifico Acciona Ferrovial Joint Venture [2017] NSWIRComm 1000
RIGHT OF ENTRY DISPUTE – major road construction project – CFMEU in competition with AWU for members and representative rights – bullying and harassment of workers by employee of Pacifico – negative impact on workers mental health – hassling workers about joining the CFMEU – bullying, threatening and standing over workers – making workers nervous and uncomfortable being at work – implications for workers if they joined the CFMEU – workers would lose their bonus – suspected contravention of the WHS Act – failure to ensure the mental health of workers – bullying and harassment policy – workers presented as being extremely stressed and anxious – right of entry under section 117 of WHS Act for the purpose of inquiring into a suspected contravention – right to inspect documents – requirement to give notice under section 120 – requirement to allow the person conducting the business or undertaking to conduct its own investigation first – application granted in part.

Legislation - Commonwealth

Bills

Transport Security Legislation Amendment Bill 2016
Bills Digest No. 53, 2016-17 18 January 2017 - strengthening airside security— The proposed amendments would authorise the making of regulations imposing screening and clearance requirements for persons, vehicles and goods while they are within secure airside areas.

Legislative Instruments

Poisons Standard February 2017
23/01/2017 - This standard substitutes the Poisons Standard November 2016 and consists of the Standard for the Uniform Scheduling of Medicines and Poisons No. 16 (the SUSMP 16).

Safety, Rehabilitation and Compensation (Licence Eligibility—Ron Finemore Transport Services Pty Ltd) Declaration 2017
19/01/2017 - This declaration provides that Ron Finemore Transport Services Pty Ltd is eligible to be granted a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988.

Legislation - Victoria

Compensation Legislation Amendment Act 2016
The Victorian Compensation Legislation Amendment Act 2016 was assented in December of 2016. The Act which will primarily commence in July 2017 and will improve the benefits payable under existing Victorian Transport Accident Commission (TAC) and WorkSafe Victoria schemes (18 January 2017).

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
Justine Ansell
 
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
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
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 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
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 you may opt out by clicking here

    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.

    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.

    Emails

    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 .

    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.

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