Australia: Whats news in work health & safety? – 5 July 2017

In the media

NTC seeks feedback on Australian Road Rules amendment
Retter says harmonising road rules across the states and territories can improve road user safety (29 June 2017). More...

SafeWork announces construction industry safety crackdown
SafeWork NSW has today announced a safety crackdown on the construction industry, following a recent spike in serious injuries to workers on Sydney building sites (28 June 2017). More...

TWU highlights fatality risk to Senate inquiry
The Transport Workers Union (TWU) has used a Senate committee inquiry into truck driver training and other industry matters to round on the federal government on the safety of drivers (28 June 2017). More...

Construction company fined $90,000 after worker's skull pierced by steel bar
A Sydney construction company has been fined $90,000 over an incident in 2013 where an 18 year old worker's skull was pierced by a steel reo bar that flew into the cabin of the excavator he was operating (26 June 2017). More...

Building manager arrested, charged over threats to 'attack' union organiser
A construction company manager has been arrested and charged after allegedly threatening to track down a union safety organiser and saying he would "attack you and your family" (23 June 2017). More...

E-sickies fail to get clean bill of health from doctors
Some websites are offering medical certificates for as little as $20 and that has doctors worried (23 June 2017). More...

Demolition company fined $25,000 over live power line incident
A demolition company was convicted and fined $25,000 over an incident at Phillip Island in which an excavator pulling down a house collided with live overhead power lines (19 June 2017). More...

Published – articles, papers, reports

Safework Australia: Year-to-date 2017: Preliminary worker deaths by industry of workplace
As at 22 June, 85 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. Updated information is used to publish Safe Work Australia's annual Work-related Traumatic Injury Fatalities report which includes finalised work-related fatalities from 2003 onwards.

NHVR newsletter: On the Road, Issue 12, 19 June 2017
The 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. More...

WorkSafe Queensland eSAFE - June 2017
The latest issue was published on 30 June 2017.

Worksafe Victoria: Safety Soapbox 30 June 2017
The latest issue was published on 30 June 2017.

In practice and courts

NHVR: New notice to improve self-clearing defects
The NHVR will introduce a new self-clearing defect notice for heavy vehicle defects that do not pose a safety risk (29 June 2017). More...

NTC seeks input on proposed amendments to the Australian Road Rules
The National Transport Commission (NTC) released the latest package of proposed amendments to the Australian Road Rules (ARRs) for public consultation (29 June 2017). More...

NTC seeks feedback on draft load restraint guide
Having released a new draft version of its Load Restraint Guide today, the National Transport Commission (NTC) is inviting stakeholder feedback that will help improve the new edition. Last day to submit feedback is 4 August.

ABCC E-Alert: Right of Entry
In recent correspondence from the CFMEU to the ABCC, the CFMEU raised two specific matters relating to the ABCC's right of entry educational material. Having considered the correspondence, the ABCC has made changes to its materials to ensure that the following matters are clear to all industry participants (19 June 2017). More...

FWC: Filing fee—Dismissals, general protections & anti-bullying applications
From 1 July 2017 the filing fee for dismissals, general protections and anti-bullying applications made under ss.365, 372, 394, 773 and 789FC of the Fair Work Act 2009 will increase to $70.60.
Also effective from 1 July, the high income threshold in unfair dismissal cases will increase to $142,000 and the compensation limit will be $71,000 for dismissals occurring on or after 1 July 2017 (27 June 2017). More...

New Safety Standards

AS/NZS 1906.1:2017
Retroreflective materials and devices for road traffic control purposes - Retroreflective sheeting. Standards Australia. More...

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 from 18 June 2017. These are available to download from the Victorian Legislation and Parliamentary Documents page of the Victorian Legislation website.


Berry v State of South Australia [2017] FCA 702
HUMAN RIGHTS – disability discrimination — disability necessitating absences from workplace in excess of leave entitlements — discretionary leave without pay — whether employer unlawfully discriminated against employee in the administration of discretionary unpaid leave.

Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings

John Arthur Bradley 22/06/2017
Offences in relation to inspectors; Providing false or misleading documents to an inspector Occupational Health and Safety Act 2004 119(3)(a); Ballarat Magistrates' Court.

FX National Pty Ltd 600 701 451 16/06/2017
Crush injuries; Failure to conduct a risk/hazard assessment; Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision; Guarding; Unguarded plant Occupational Health and Safety Act 2004 21(1)&(2)(a); 21(1)&(2)(e); Melbourne Magistrates' Court.



Regulations and other miscellaneous instruments

Heavy Vehicle (Adoption of National Law) Amendment (Penalties) Regulation 2017
(2017-311) — published LW 30 June 2017.

Heavy Vehicle National Amendment Regulation 2017
(2017-329) — published LW 30 June 2017.

Work Health and Safety Amendment (Fees) Regulation 2017
(2017-318) — published LW 30 June 2017.

Bills assented to

Terrorism Legislation Amendment (Police Powers and Parole) Act 2017 No 24
— Assented to 22 June 2017.

For the full text of Bills, and details on the passage of Bills, see Bills.


Subordinate legislation as made

No 94 Work Health and Safety (Codes of Practice) (Tower Cranes) Amendment Notice 2017
- Work Health and Safety Act 2011 – 23 June 2017.

No 102 Proclamation commencing certain provisions
Heavy Vehicle National Law and Other Legislation Amendment Act 2016 – 30 June 2017.

No 114: State Penalties Enforcement (Heavy Vehicle National Law) Amendment Regulation 2017
- State Penalties Enforcement Act 1999 – 30 June 2017.

No 115: Electrical Safety and Other Legislation (Fees) Amendment Regulation 2017 - Electrical Safety Act 2002; Work Health and Safety Act 2011 – 30 June 2017.


Statutory Rules made

No. 41: Road Safety Road Rules 2017
Commencement: 01/07/2017: rule 2 Not yet in operation: Rules 1-408: on 01/07/2017: rule 2 Sunset Date: 06/06/2027.

No. 42: Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017
Commencement: 01/07/2017: reg. 3 Not yet in operation: Regs 1-13: on 01/07/2017: reg. 3 Sunset Date: 06/06/2027.

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.

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Michael Selinger
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