Australia: Whats news in work health & safety? - 1 March 2017

In the media

Bakery fined after worker's fingers amputated
A bakery in Altona North was fined $40,000 for breaching the 2004 OHS Act after a worker's fingertips were amputated by a machine filling pastries with custard. Pinnacle Bakery & Integrated Ingredients Pty Ltd pleaded guilty in the Melbourne Magistrates' Court for failing to provide and maintain safe plant and failing to provide appropriate information, instruction, training and supervision (23 February 2017). More...

Essendon plane crash aircraft recently underwent maintenance check
A plane that crashed near Essendon Airport, killing five people, had been through a maintenance check only last month, it has been revealed, as investigators continue to gather evidence at the scene (23 February 2017). More...

Earthworks business fined $90,000 over worker injuries
A Bathurst earthworks business has been fined $90,000 for failing to comply with safety standards that led to two workers being injured in January 2015. SafeWork NSW charged Bustin' Free Earthworks Pty Ltd with a breach of section 19(1)/32 of the Work Health and Safety Act (NSW), for exposing workers to the risk of serious injury or death as a result of being engulfed in a trench that was not properly secured from collapsing (21 February 2017). More...

Government to hold reef safety roundtable in Cairns
Industrial Relations Minister Grace Grace will convene the roundtable, bringing together tourism operators, Surf Life Saving Queensland, Northern Coroner Magistrate Kevin Priestly and other industry stakeholders, to consider international best practice standards and assess possible increased safety measures to protect visitors (21 February 2017). More...

Warnings ignored: forklift driver fined $11K for death
An employee has been fined $11,000 and ordered to pay $1,745 in costs after his forklift struck and killed a co-worker at a hay bailing workplace. He had twice been warned not to drive with the forks raised.

Funding Boost to put the safety of Health Workers First in Victoria
Frontline workers and patients will benefit from additional safety measures to reduce and prevent violence in hospitals and mental health services through the second round of the Andrews Labor Government's $20 million Health Service Violence Prevention Fund (23 February 2017). More...

Health Check for Racing Industry Participants
The new $32,600 project will examine the health of those involved in the racing industry and engage racing participants to adopt more healthy behaviours. Racing Victoria will use the data from the project to better understand health issues in the racing industry and to tailor future health and wellbeing engagement programs to racing participants (21 February 2017). More...

Two dead and one injured in horror weekend
Two men were killed and another suffered critical head injuries in three separate incidents at the weekend. WorkSafe's Executive Director of Health and Safety, Marnie Williams said agriculture and construction were high-risk industries so safety had to be a priority (20 February 2017). More...

Bega Cheese fined for dangerous goods breach
The NSW Environment Protection Authority (EPA) has fined Bega Cheese Limited, Bobbins Transport and an employee of the transport company for not carrying the appropriate dangerous goods transport documentation (15 February 2017). More...

Former CFA chiefs avoid charges over Fiskville Training College due to sluggish Worksafe response
Former CFA chiefs have dodged prosecution on serious safety breaches at the shutdown Fiskville Training College because Worksafe took too long to investigate it (11 February 2017). More...

Steel company fined after semi-trailer driver falls while unloading
A steel company has been fined $40,000 for failing to ensure safety after a truck driver fell from his trailer while unloading steel at Pinkenba in 2014 (09 February 2017). More...

Published – articles, papers, reports

Safe Work Australia Fatality statistics
As at 22 February, 25 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).

The Australian Principal Occupational Health, Safety and Wellbeing Survey: 2016 data
Institute for Positive Psychology and Education (ACU), Principal Health & Wellbeing Survey; Philip Riley: 15 February 2017.
The aim of this research project is to conduct a longitudinal study annually monitoring school principals and deputy/assistant principals' health and wellbeing.

In practice and courts

NHVR Consultation: draft of the Vehicle Standards Bulletin (VSB) 6: National Code of Practice for Heavy Vehicle Modifications
The NHVR seeks feedback from the transport industry on today's updated draft of the Vehicle Standards Bulletin (VSB) 6: National Code of Practice for Heavy Vehicle Modifications. The draft VSB6 will be available for review until 17 March. The public consultation draft is available at www.nhvr.gov.au/VSB6.

NHVR Notices: The National Livestock Welfare Work and Rest Exemption Notice 2017 (No. 1)
Provides additional work time to drivers transporting livestock. Commences 10 February 2017.

NHVR Notices: NSW Fatigue Record-Keeping Exemption Notice 2017 (No. 1)
Extends current record keeping arrangements for non-reward for hire drivers. Commences 10 February 2017.

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.

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.

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.

WorkCover Queensland: Allied health update
WorkCover Queensland held its quarterly meeting with allied health associations on 22 February 2017. The meeting covered WorkCover's education campaigns, return to work panel performance measures and upcoming events (22 February 2017).

DNRM Queensland: Transport providers authorised to transport low risk loads of explosives
13 February 2017 - Transport providers authorised to transport low risk loads of explosives. Consignment notes must clearly identify the explosives being carried and their classification.

WorkSafe Victoria: Building regulators heading to Geelong and Surf Coast
Builders will have access to a range of construction industry experts when regulators visit Geelong and the Surf Coast next week to examine safety and building compliance. A week of site inspections will be undertaken by representatives from the Victorian Building Authority (VBA), WorkSafe Victoria, Consumer Affairs Victoria (CAV), Energy Safe Victoria (ESV) and Environment Protection Authority Victoria (EPA) (14 February 2017).

Queensland Fair Trading

Ethanol burner safety warning
20 February 2017 - An interim ban on unsafe ethanol burners has been extended by 30 days.

New safety standards

AS ISO 10377:2017
Consumer product safety - Guidelines for suppliers - Standards Australia.

AS ISO 10393:2017
Consumer product recall - Guidelines for suppliers - Standards Australia.

AS/NZS 3845.2:2017
Road safety barrier systems and devices - Road safety devices - Standards Australia.

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.

Cases

Schobbe v ANZ Banking Group Limited [2017] NSWIRComm 1005
APPLICATION FOR REINSTATEMENT OF DISMISSED INJURED WORKER – application opposed on basis that applicant was not dismissed because she was not fit for employment as a result of an injury arising out of or in the course of employment – applicant dismissed for failing to follow directions relating to the taking of sick leave and for failing to act with honesty and integrity – taking of excessive amounts of sick leave – counselling meetings – applicant claimed she felt bullied – Final Warning letter – applicant dismissed – workers compensation claim – consent orders in Workers Compensation Commission – application for reinstatement order dismissed.

SafeWork NSW v United Roof Tiling Pty Ltd [2017] NSWDC 14
CRIME – WORK HEALTH AND SAFETY – roof tiler employed by the defendant – worker fell two storeys to the ground and sustained serious injury – other workers fell without sustaining injury – awning not properly supported – no safety rails, harnesses or nets – defendant had SWMS but did not follow it – risk identified by defendant's director shortly before incident – general and specific deterrence – plea of guilty delayed – parity of sentence inapplicable as to other person charged – s 10 inappropriate as offence not trivial with potential fatal consequences and several persons at risk and defendant's director aware of the risk, left worksite without risk being addressed – whether costs payable by defendant to prosecutor may be taken into account - discount of 20%.

WorkSafe Victoria Decisions

Seymour Rural Equipment Pty Ltd 005 689 814 10/02/2017
Failure to provide a safe system of work; Guarding; Unguarded plant. Occupational Health and Safety Act 2004 21(1)&(2)(a); Seymour Magistrates' Court.

Goldsmith Civil & Environmental Pty Ltd 127 510 472 08/02/2017
Failure to provide information, instruction, training or supervision; Traffic management; Failure to provide a safe working environment Occupational Health and Safety Act 2004 21(1)&(2)(e); Sunshine Magistrates' Court.

Legislation – Commonwealth

Legislation (Deferral of Sunsetting—Approved Occupational Clothing Guidelines) Certificate 2017
14/02/2017; Tabled HR 16/02/2017 - This instrument defers the sunsetting of the Approved Occupational Clothing Guidelines 2006 to 1 October 2017.

Legislation – New South Wales

Regulations and other miscellaneous instruments

Liquor Amendment Regulation 2017 (2017-29) — published LW 17 February 2017.

Order regarding volunteers taking part in emergency operations (2017-28) — published LW 13 February 2017.

Bills introduced - Government

Sporting Venues Authorities Amendment Bill 2017

Transport Administration Amendment (Independent Transport Safety Regulator) Bill 2017

Legislation – Queensland

Bills updated

Liquor and Other Legislation Amendment Bill 2017
Introduced on 14/02/2017 Stage reached: Referred to Committee on 14/02/2017.

Police Powers and Responsibilities (Commonwealth Games) Amendment Bill 2017 Introduced on 14/02/2017 Stage reached: Referred to Committee on 14/02/2017.

Water Legislation (Dam Safety) Amendment Bill 2016 Stage reached: Report from Committee on 21/02/2017.

Subordinate legislation as made

No 18 Uniform Civil Procedure (Representative Proceedings) Amendment Rule 2017 – 24 February 2017. Supreme Court of Queensland Act 1991

No 20 Transport Legislation Amendment Regulation (No. 1) 2017 – 24 February 2017. Transport Operations (Marine Safety) Act 1994; Transport Operations (Road Use Management) Act 1995.

Legislation – Victoria

Bills Legislative Council - Second Reading, Date Moved: 23/02/2017

Electricity Safety Amendment (Bushfire Mitigation Civil Penalties Scheme) Bill 2017 The main purpose of the Bill, is to amend the Electricity Safety Act 1998 to impose additional bushfire mitigation requirements on major electricity companies, to enable the enforcement of those requirements through a civil penalty enforcement regime, and to provide for information notices and other matters

Statutory Rules made

No. 2 Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations 2017
Date of Making: 21/02/2017 Commencement: 01/03/2017: reg. 3. Not yet in operation: Regs 1-21: on 01/03/2017: reg. 3 Sunset Date: 21/02/2027.

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 (formerly with Holding Redlich)
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
Holding Redlich
 
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 Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
Holding Redlich
Related Articles
 
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 (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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