Australia: Work Health & Safety News - 26 April 2017

Last Updated: 1 May 2017
Article by Charles Power, Benjamin Marshall, Stephen Trew, Michael Selinger, Rachel Drew and Justine Ansell

Most Read Contributor in Australia, August 2017

In the media

Saxon Energy Services fined $210k after worker injuries
Oil and gas company Saxon Energy Services Australia has been convicted and fined $210,000 for an incident that left two workers injured on a drilling rig platform (20 April 2017). More...

Comcare: Cleanaway fined over Adelaide chemical fire Waste management company Cleanaway has been convicted and fined $650,000 over a chemical fire in Adelaide that injured an employee (20 April 2017). More...

WorkSafe investigates ride incident at Rye
WorkSafe is investigating the circumstances surrounding an incident in which a five-year-old boy suffered serious injuries after falling from a carnival ride in Rye yesterday (17 April 2017). More...

Companies urged to put staff safety first when using them in marketing campaigns
Companies have been urged to consult with staff before attempting marketing like the ill-fated Coles "I'm Free" campaign to avoid further risks of sexual harassment (14 April 2017). More...

Construction company fined after worker injured in fall
A Sydney construction company has been fined $135,000 after a 49-year-old worker was injured in February 2015. SafeWork NSW charged Karimbla with a breach of section 32 of the Work Health and Safety Act 2011 (NSW) in that it failed to comply with section 19(1) of the Act by failing to ensure the stairway was adequately guarded (13 April 2017). More...

Qantas under ATSB investigation after plane hit 'turbulence' that left 15 injured
The Australian Transport Safety Bureau (ATSB) is investigating an incident on a Qantas flight from Melbourne to Hong Kong last week in which 15 people were injured (13 April 2017). More...

NTC seeks feedback on proposal for drivers to allow hands off the wheel in some automated vehicles
Interested parties have been asked to make submissions about how the concepts of control and proper control in the Australian Road Rules should apply to automated vehicles (12 April 2017). More...

Country Victorians asked to prioritise safety
WorkSafe is calling on all regional businesses and workers to prioritise safety to help drive down the number of workplace deaths and injuries across Victoria. According to new WorkSafe data, almost 7,000 workers in regional Victoria were injured seriously enough last year to make a claim, which equates to more than 18 injuries every day (12 April 2017). More...

Unions penalised $101,500 after strike action at Australian Paper site in Victoria
The Federal Court has imposed penalties against the AMWU, CFMEU and AWU and three of their officials for their involvement in unlawful industrial action at a construction project in Victoria's Latrobe Valley. Whilst the officials contended the stoppages related to safety and therefore did not constitute unlawful industrial action, the Court found that "[t]hat view was a mistaken one" (12 April 2017). More...

Project launched to assess health of Aussie fisheries workers
Deakin University is conducting the first nationwide examination of the health of Australia's fisheries workers to identify stress and mental health challenges affecting the sector (12 April 2017). More...

New camera to boost Victorian heavy vehicle safety
Victoria's roads will be safer for all drivers, with the roll out of new automatic number plate recognition (ANPR) cameras (11 April 2017). More...

$590,800 penalties against CFMEU after industrial campaign shut down 9 Vic projects
The Federal Court decision today highlighted that of the various stoppages "in no instance was there any suggestion of an issue or grievance, specific to the site or workers on it, that justified, or even explained, the organisation of the industrial action". This follows the Court's comments in the liability judgment about the "transparently groundless invocation" of workplace safety as a pretext for one of the unlawful stoppages (11 April 2017). More...

Published – articles, papers, reports

NHVR Newsletter: On the Road, Issue 7, 10 April 2017 Our industry updates provide important information for subscribers on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes, and resources to help industry members comply with the law.

Worksafe Victoria Safety Soapbox, 21 April 2017
There have been 69 incidents reported for the construction industry from 31 March to 13 April 2017.

In practice and courts

NHVR: Chain of Responsibility information sessions, from May 2017
The NHVR, in conjunction with a number of industry associations, is delivering information sessions across the country to discuss the changes to CoR and ensure you have the information you need to be prepared. For further details and to register for an information session, please use the table listed under the link here.

Safework NSW: New guide: Workplace management of respiratory conditions including asthma
This guide outlines types of respiratory disease and causative agents, managing workplace respiratory hazards, health assessments and what at-risk workers can do (13 April 2017).

DNRM alert 339: Ground collapse while surface drilling
The ground at the rear of a surface drill rig subsided, two drillers working at the rear of the rig fell into the void suffering various injuries. Consider the competency of the ground when drilling holes and have geological and geotechnical input when determining the location of drill holes (11 April 2017). More...

DNRM alert 340: Drill hole compressed air injection
While drilling a surface to underground paste fill hole two drillers were injured when a sudden release of air, water, mud and fines was ejected under pressure toward them. When the pressure built up and released suddenly the set up failed to contain or effectively direct the release of pressure. There were no sensors or feedback on the drill rig to indicate the developing pressure build up (11 April 2017). More...

DNRM alert: Mobile equipment operator injured when seat belt failed
An operator of a loaded agitator truck was driving down a ramp when he felt a bump and was thrown from the driver's seat, sustaining neck injuries. All seats should have instructions from the original equipment manufacturer (OEM) on how to correctly set it up to suit each individual operator (11 April 2017). More...

Worksafe Victoria: Construction Safety Focus - Powered mobile plant
WorkSafe is focusing on safety around, and the safe operation of, powered mobile plant during May. Find out more about what inspectors will be focusing on by viewing the latest Construction Safety Focus - Powered Mobile Plant information sheet.

New safety standards

DR AS/NZS 4361.1:2017 CP
Guide to hazardous paint management - Lead and other hazardous metallic pigments in industrial applications, Standards Australia.

AS 5062:2016/Amdt 1:2017
Fire protection for mobile and transportable equipment, Standards Australia.


Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings

Mornington Peninsula Shire Council ABN 53 159 890 143 13/04/2017
Failure to notify VWA of a notifiable incident; Failure to provide a safe working environment Occupational Health and Safety Act 2004 23(1); 38(1); Dromana Magistrates' Court.

Future Bake Australia Pty Ltd 121 397 126 13/04/2017
Guarding; Unguarded plant; Failure to provide and maintain plant. Occupational Health and Safety Act 2004 21(1)&(2)(a); Dandenong Magistrates' Court.

AGFAB Engineering Pty Ltd 078 529 469 12/04/2017
Failure to provide a safe system of work; Forklifts. Occupational Health and Safety Act 2004 21(1)&(2)(a) ; Melbourne Magistrates' Court.

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

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

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
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (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

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’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.


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.


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 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.


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.


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.


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.


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

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

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

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