Australia: Work Health & Safety News - 26 April 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.

Cases

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.

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Authors
Michael Selinger
Justine Ansell (formerly with Holding Redlich)
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