In the media
New offence to be created to target deadly workplace
practices
The Queensland Government will introduce the new offence of
"negligence causing death" following an interim
recommendation from the Best Practice Review of Workplace Health
and Safety. The Best Practice Review of Workplace Health and Safety
was established following the Eagle Farm and Dreamworld tragedies
in 2016 and is due to report to the Government by 30 June 2017 (19
May 2017).
More...
Resources Regulator welcomes appeals court
ruling
The NSW Department of Planning and Environment's Resources
Regulator has welcomed the successful appeal against the inadequate
conviction of a company whose employee was left a quadriplegic in a
workplace accident at a Hunter Valley (17 May 2017).
More...
Arborist fined after worker suffers severe
injuries
A Sydney arborist has been fined $80,000 after a worker sustained
serious and permanent injuries while felling a tree (17 May 2017).
More...
S. Kidman and Co employee's death 'swept under
the carpet'
The family of a young man killed while working for one of
Australia's largest beef producers has accused the company of
trying to "sweep his death under the carpet" (15 May
2017).
More...
Driver fatigue issues found during audit of truck
company involved in double fatality
An audit of Redstar Transport finds issues with loads and driver
fatigue, after the company was involved in a crash that killed two
boys near Dubbo (12 May 2017).
More...
LGA SA and NHVR to collaborate on implementation of
National Heavy Vehicle Law
The NHVR has signed an agreement with South Australia's peak
local government body to improve productivity and safety across the
(12 May 2017).
More...
Court penalises CFMEU leaders in $277,000 Perth
Children's Hospital decision
The CFMEU and seven of its officials, including senior union
leaders Dave Noonan (National Secretary), Mick Buchan (WA State
Secretary) and Joe McDonald (then WA Assistant State Secretary),
have been penalised for unlawful conduct which halted work at the
$1.2 billion Perth Children's Hospital project (11 May 2017).
More...
Safety blitz targets mobile plant on building
sites
Over the past decade, 16 people have died working with or around
machinery such cranes, front end loaders, elevated work platforms,
forklifts, skid steer loaders, concrete trucks and other types of
powered mobile plant (10 May 2017).
More...
KFC fined $100K after worker accidentally steps into
tank of hot oil
A 16-year-old fast-food worker suffered severe burns to 9 per cent
of his body after stepping backwards into a tank of hot oil that
had been placed on the floor behind him without warning by another
worker, Safework SA says (09 May 2017).
More...
Window glass company fined $1 million for WHS
breach
Minister for Innovation and Better Regulation Matt Kean has
welcomed a District Court decision to fine a window glass company
$1 million – the highest ever fine imposed in NSW under the
Work Health and Safety Act (09 May 2017).
More...
Supply chain support for new laws
Up to 165,000 companies that make up Australia's heavy vehicle
supply chain will be required to take steps to deliver (05 May
2017).
More...
Published – articles, papers, reports
Year-to-date 2017: Preliminary worker deaths by industry
of workplace
As at 11 May, 57 Australian workers have been killed at work in
2017. The number of worker deaths listed in this table is based on
initial media reports and is a preliminary estimate of the number
of people killed while working. Once the appropriate authority has
investigated the death, more accurate information becomes available
from which Safe Work Australia updates details of the incident.
More...
In practice and courts
Public Comment on WorkSafe Victoria Compliance
Codes
With the Minister's approval, eight draft Compliance Codes
have now been issued for public comment. These are:
- Hazardous Manual Handling Compliance Code
- Hazardous Substances Compliance Code
- Plant Compliance Code
- Confined Spaces Compliance Code
- Demolition Compliance Code
- Facilities in Construction Compliance Code
- Excavation Compliance Code
- Noise Compliance Code
The links to these proposed codes are here. Summaries of proposed changes to the codes can be found here. Public comment, which closes on Friday 9 June, can be submitted online or by using a submission form.
HHVR On the Road, Issue 9, 8 May 2017
NHVR factsheets - The NHVR has released 10 fact sheets for the
165,000 companies that make up Australia's heavy vehicle supply
chain. The new fact sheets and videos are available at www.nhvr.gov.au/cor.
More...
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.
More...
Queensland DNRM: Applicability of texts, standards,
guidelines and codes to safety and health management
systems
08 May 2017: Document number: 161
Clarification and guidance on the use of relevant texts,
standards, codes, guidelines and similar reference material in
development of mines' safety and health management systems and
associated procedures.
More...
Victorian Legislation
The Occupational Health and Safety Regulations 2017
(OHS Regulations 2017) and the Equipment
(Public Safety) Regulations 2017 (EPS Regulations
2017) take effect on 18 June 2017. These are available to
download from the Victorian Legislation and Parliamentary Documents
page of the Victorian Legislation website.
Cases
SafeWork NSW v Grant [2017] NSWDC
99
CRIME – work health and safety – Category 2 offence
– guilty plea – no prior conviction – arborist
services – dead tree – tree felling – worker
attached to falling tree; others working on the ground –
serious injury including severe brain injury – foreseeability
– aggravating factors – specific deterrence –
general deterrence – mitigating factors – remorse
– discount.
Legislation
Victoria
Statutory Rules
No. 22 : Occupational Health and Safety Regulations
2017
Commencement: Regs 1-376(b), 377-Sch. 3 cl. 18, Sch. 3 cl. 20-Sch.
16 cl. 1.6(f), Sch. 16 cl. 1.7-Sch. 17 cl. 10(a), Schs 18, 19 on
18/06/2017: reg. 3(1) Reg. 376(c), Sch. 3 cl. 19, Sch. 16 cl.
1.6(g), Sch. 17 cl. 10(b) on 18/06/2018: reg. 3(2) Not yet in
operation: Regs 1-376(b), 377-Sch. 3 cl. 18, Sch. 3 cl. 20-Sch. 16
cl. 1.6(f), Sch. 16 cl. 1.7-Sch. 17 cl. 10(a), Schs 18, 19: on
18/06/2017: reg. 3(1) Reg. 376(c), Sch. 3 cl. 19, Sch. 16 cl.
1.6(g), Sch. 17 cl. 10(b): on 18/06/2018: reg. 3(2) 3 Sunset Date:
26/04/2027.
No. 23: Equipment (Public Safety) Regulations
2017
Commencement: 18/06/2017: reg. 3 Not yet in operation: Regs 1-49:
on 18/06/2017: reg. 3 Sunset Date: 26/04/2027.
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.