In the media
Full Court confirms: Union officials must have valid
federal right of entry permit when entering under state or
territory OHS laws
The Full Court of the Federal Court has today confirmed
that union officials require a valid federal right of entry permit
to enter a site under a State or Territory occupational health and
safety law, including where a health and safety representative
(HSR) invites the official on to site under an OHS
law (02 June 2017).
More...
Spate of injuries leads to tree work safety plea
SafeWork NSW has issued an urgent safety plea to the tree
work industry after four workers were seriously injured in one
month. Executive Director of SafeWork NSW, said that while there
was a low number of incidents in the tree work industry compared to
other industries, injuries were often serious and that's why
SafeWork had commenced a project to improve safety (02 June
2017).
More...
Ride owner pleads guilty to work safety breaches after
Royal Adelaide Show death
A show ride that flung a young girl to her death at the
Royal Adelaide Show was not properly maintained and had injured
children before, a Safework SA prosecutor told the Industrial Court
(31 May 2017).
More...
Horse trainers speak out about alleged culture of
bullying in the racing industry
A champion horse trainer who made headlines last year
when she disappeared for three days has spoken out for the first
time about an allegedly toxic culture of bullying and harassment in
the racing industry (30 May 2017).
More...
Building giant John Holland fined $280,000 over crane
crash
Australian building giant John Holland has been hit with
a $280,000 fine for major safety violations after a terrifying
crash between a crane and an elevated work platform on a large
roadway construction site (29 May 2017).
More...
(Comcare) More...
ATA, ALC urge NHVR to develop industry 'master
code'
Peak bodies (ATA, ALC) say an industry-wide code will
promote higher standards of heavy vehicle safety. The 'master
code' will help meet and manage the common risks faced by all
heavy vehicle operators and create greater certainty for operators
by reducing duplication and red tape for everyone with HVNL
obligations (27 May 2017).
More...
Navigational practices under the spotlight
The Australian Maritime Safety Authority
(AMSA) is calling on shipowners and operators to
improve their safety management systems after port State control
inspections conducted by AMSA between 1 January and 30 April 2017
identified 142 ships which had failed to follow safe navigation
practices on voyages (26 May 2017).
More...
Judge orders maximum penalty against former Queensland
CFMEU boss
A court has imposed the maximum possible penalty on
former Queensland CFMEU President David Hanna for breaching right
of entry laws during a heated site visit in Brisbane. Mr Hanna has
been ordered to pay the maximum penalty of $10,200 for his conduct
on a construction site at Fortitude Valley on 10 February 2015 (26
May 2017).
More...
Palaszczuk Government to introduce strong new laws to
prevent worksite deaths
New laws will enable Queensland's building regulator
to take action where there is a threat to the safety of workers on
building sites (25 May 2017).
More...
Ministers approve up to $1.5 billion annual productivity
boost to Australia's freight operators
Australian road transport operators will be able to
transport more goods using fewer vehicles thanks to new policies
approved by ministers at last Friday's Transport and
Infrastructure Council meeting that will allow trucks to carry
larger but not heavier loads (25 May 2017).
More...
Placarding requirements for hazardous chemicals in bulk
containers
When hazardous chemicals require a bulk storage placard
they do not need a label. Dr Paul Taylor, Director of Chemicals at
Safe Work Australia, said that this will reduce costs to businesses
because warning information does not need to be duplicated for
chemicals stored in bulk (23 May 2017).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 22 May, 63 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
Reminder: Public Comment on Compliance Codes closes June
9
With the Minister's approval, eight draft Compliance Codes
have now been issued for public comment. The links to these
proposed codes are on this
page. Summaries of proposed changes to the codes can be found
here. Public comment, which closes on June 9, can be
submitted online or by using a submission form.
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.
Victorian OHS Legislation effective in June 2017
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
Australian Building and Construction Commissioner v
Powell [2017] FCAFC 89
INDUSTRIAL LAW – right of entry – entry by
official of organisation to workplace after request to assist by
health and safety representative under s 58(1)(f) of the
Occupational Health and Safety Act 2004 (Vic) –
obligation on employer to allow assistant entry under s 70 of the
Occupational Health and Safety Act 2004 (Vic) –
whether assistant exercised "State or Territory OHS
right" within meaning of s 494 of the Fair Work Act
2009 (Cth).
Australian Building and Construction Commissioner v Barker
Anor [2017] FCCA 1143
INDUSTRIAL LAW – Application for imposition of
pecuniary penalties – misrepresentation for requirement to
pay outstanding union fees to CFMEU. Fair Work Act 2009
(Cth), s.349(1)(a).
Southern Star Windows Pty Ltd 100 012 431
23/05/2017
Forklifts; Traffic management; Failure to provide a safe
working environment. Occupational Health and Safety Act
2004 21(1); Geelong Magistrates' Court.
Legislation
Commonwealth
Safe Work Australia Amendment (Role and Functions) Bill
2017
House of Representatives Second reading moved 31 May
2017 Introduced and read a first time 31 May 2017. The Bill
implements the recommendations of the Review of Safe Work
Australia's Role and Functions.
Queensland
Bills passed
Transport and Other Legislation (Personalised Transport Reform)
Amendment Bill 2017
Stage reached: Passed with amendment on 24/05/2017.
Reforms the personalised transport industry, focusing on safety
and licensing and introducing a new chain of responsibility for all
industry participants. The reforms include requiring both booking
entities and operators to manage driver fatigue, reflective signage
on the front and back of ride-booking services, and making security
cameras mandatory in vehicles that are not pre-booked or take cash
or payment during a journey.
Bills Progress
Building and Construction Legislation (Non-conforming Building
Products - Chain of Responsibility and Other Matters) Amendment
Bill 2017
Introduced on 25/05/2017 Stage reached: Referred to Committee
on 25/05/2017
The Bill will seek to amend the Queensland Building and
Construction Commission Act 1991 to enable QBCC to inspect
sites, take samples for testing and direct rectifications.
Provisions within the Bill will place additional duties on building
supply chain participants and widen grounds for the QBCC to take
disciplinary action against a licensee, including convictions
relating to public health and safety and workplace safety. The
Committee has called for
submissions by 21 June 2017. The Government aims to have the
legislation in effect by the end of the year.
Labour Hire Licensing Bill 2017
Introduced on 25/05/2017 Stage reached: Referred to Committee
on 25/05/2017
This will establish the mandatory labour-hire licensing scheme
flagged by the State Government. The main purpose of the Bill is to
protect labour-hire employees from exploitation by requiring
labour-hire companies to obtain a licence and demonstrate strict
compliance with WHS, workers' compensation and other employment
laws.
Victoria
Statutory Rules commencement
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.
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.