Australia: Work health & safety news – 30 August 2017

Last Updated: 3 September 2017
Article by Charles Power, Benjamin Marshall, Stephen Trew, Michael Selinger and Rachel Drew

Most Read Contributor in Australia, August 2018

In the media

Palaszczuk Government leads the way with new building product safety laws
Queensland now has the most comprehensive building product safety laws in the country after the Palaszczuk Government passed new chain of responsibility laws for dangerous building products (24 August 2017). More...

'Industrial manslaughter' to be made offence in wake of Dreamworld accident
An independent review recommends sweeping changes to public safety laws in Queensland, including that industrial manslaughter become a criminal offence after four people were killed on a Dreamworld water ride (23 August 2017). More...

NSW Inspectors target structural collapse after spate of incidents
WorkSafe inspectors will hone in on the risks of structural collapse during construction work as part of their latest safety blitz following a spate of incidents in recent months. As part of the state-wide campaign, inspectors will focus on buildings and associated structures under construction including walls and frames (21 August 2017). More...

Mid-North Coast business fined over worker's death
A mid-North Coast meat processing business has been fined $375,000 over the death of a worker at its Frederickton plant in 2015. Macleay River Protein Pty Ltd pleaded guilty to a charge under section 32 of the Work Health and Safety Act 2011 for failing to comply with its duty under section 19(1) of the Act and was fined $375,000 in the District Court (17 August 2017). More...

PBS scheme discussion paper welcomed
The NHVR has welcomed the release of the PBS assessment discussion paper by the National Transport Commission (NTC). NHVR CEO Sal Petroccitto said the Assessing the effectiveness of the PBS Scheme paper highlighted the enormous safety and productivity benefits of PBS vehicles (15 August 2017). More...

Published – articles, papers, reports

Occupational and Environmental Medicine: September 2017 - Volume 74 – 9
Commentary
Work disability prevention: should we focus on high body weights or heavy physical workload?

Workplace
Influence of obesity and physical workload on disability benefits among construction workers followed up for 37 years
Mortality and cancer incidence among male volunteer Australian firefighters

Deborah C Glass, Anthony Del Monaco, Sabine Pircher, Stephen Vander Hoorn, Malcolm R Sim
Female white-collar workers remain at higher risk of breast cancer after adjustments for individual risk factors related to reproduction and lifestyle

Methodology
Dose-time-response association between occupational asbestos exposure and pleural mesothelioma

On the Road, NHVR newsletter
On the Road, Issue 16, 15 August 2017 - On the Road provides important information 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 HVNL.

In practice and courts

New Standards

AS/NZS 3112:2017
Approval and test specification - Plugs and socket-outlets - Standards Australia.

ARPANSA: Current Consultations
IAEA NST055 - Handbook on the Design of Physical Protection Systems for Nuclear Material and Nuclear Facilities
Starts 21 August 2017 Ends 04 December 2017.
IAEA DS487 - Design of Fuel Handling and Storage Systems for Nuclear Power Plants
Starts 11 August 2017 Ends 17 November 2017.

NSW

SafeWork NSW: Dangers from masonry walls on construction or demolition sites
Safety Alert: 7/08/2017
Inadequately secured masonry brick or block walls expose workers and members of the public to a risk of death or serious injury. More...

Work Health and Safety Legislation
Work Health and Safety Regulation 2011 (NSW) is being repealed on 1 September and replaced by the Work Health and Safety Regulation 2017, which comes into effect on the same day. More...

Take care of young workers
Not only does research indicate that 15 to 25 year olds have a 75 per cent greater chance of being injured at work, but in NSW alone, 15 workers in this age group are injured every day. Partner them with a more experienced co-worker to act as a 'work buddy' and provide support and advice. Finally, get them to check out how simple safety can be (17 August 2017).

Queensland

WorkCover Queensland: Have your say on new standard for installing battery energy storage systems
Standards Australia have released a new draft standard for installation of battery energy systems (BESS), DR AS/NZS 5139:2017 Electrical installations—Safety of battery systems for use with power conversion equipment. This standard outlines the hazards that are associated with BESS and specifies installation methods that eliminate or minimize these hazards. Download a copy. More...

DNRM Petroleum and gas safety alert 76: Emergency evacuation preparedness
Subject Gases; Governance or compliance; Organisational deficiencies - This Safety Alert was issued following observations made by the Petroleum and Gas Inspectorate during field inspections of operating plant in remote locations and whether they are prepared for potential emergency scenarios in which a worker would (18 August 2017). More...

WorkCover Queensland: Electrical Licensing Committee disciplinary outcomes
On 1 August 2017, the Electrical Licensing Committee held disciplinary hearings against three licence holders outlined here. The Electrical Licensing Committee's actions are in addition to fines and notices already issued by electrical safety inspectors. The Committee meets again on 5 September 2017 (24 August 2017). More...

WorkCover Queensland: The Wiring Rules transition arrangements
Standards Australia AS/NZS3000 (the Wiring Rules) is being updated and is expected to be published later this year. Transitioning from one edition of the Wiring Rules to the next can impact on the compliance requirements for an electrical installation. The enforcement date for the new edition of the Wiring Rules will be six months after the publication date of the standard. For example if the new standard is published in December 2017 the enforcement date will be July 2018 (15 August 2017). More...

Victoria

WorkSafe Victoria: Inspectors target structural collapse after spate of incidents
WorkSafe inspectors will hone in on the risks of structural collapse during construction work as part of their latest safety blitz following a spate of incidents in recent months (21 August 2017). More...

WorkSafe Victoria: Safety Soapbox
The Safety Soapbox issue was released on 18 August 2017. Latest edition of Safety Soapbox
Steve Darnley from WorkSafe's Construction Program reminds industry of the danger of carbon monoxide (CO) during construction work. The list of reported incidents for the period from 21 July to 15 August 2017 includes 36 incidents reported to WorkSafe. There were numbers of potentially fatal falls, electric shocks and serious 'near misses'. More...

Fine increased on appeal
A Victorian earthmoving company has been convicted, and the original magistrate's fine more than quadrupled by a County Court Judge, in a strong message for other businesses that risk the safety of employees. More...

Cases

Australian Rail, Tram and Bus Industry Union v Australian Western Railroad Pty Ltd [2017] FCCA 1954
INDUSTRIAL LAW – Alleged adverse action – whether alleged refusal to provide or continue to provide training to employee because of exercise of alleged workplace rights – unpaid parental leave – personal or carers leave – health and safety at work – whether discrimination by reason of family or carer's responsibilities.
EVIDENCE – Whether evidence tendered to prove facts in previous representations.
Disability Discrimination Act 1992 (Cth); Evidence Act 1995 (Cth), ss.59, 77, 78; Fair Work Act 2009 (Cth), Pt 2-2, ss.12, 14, 70, 96, 97, 340, 341, 342, 351, 360, 361, 570; Occupational Safety and Health Act 1984 (WA), ss.19, 20.

Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
L. Arthur Pty Ltd 004 264 7 15/08/2017

Failure to provide a safe workplace. Occupational Health and Safety Act 2004 21(1)&(2)(a); Werribee Magistrates' Court.
Christopher John Peat 09/08/2017
False information. Workplace Injury Rehabilitation and Compensation Act 2013 585(1); Echuca Magistrates'.

Legislation

Commonwealth

Bills

Safe Work Australia Amendment (Role and Functions) Act 2017
Originating Bill: Safe Work Australia Amendment (Role and Functions) Bill 2017
Registered 18 August 2017; Date of Assent 16 August 2017.

Safe Work Australia Amendment (Role and Functions) Bill 2017
Assent Act no: 86 2017, 16 August 2017
Amends the Safe Work Australia Act 2008 to: implement recommendations of the Review of Safe Work Australia's Role and Functions by clarifying Safe Work Australia's role and the relationships between its role and function, and updating and consolidating its functions; replace certain outdated terms; and clarify that work health and safety (WHS) ministers will continue to approve the model WHS legislative framework and other key documents.

Queensland

Bills Updated

Building and Construction Legislation (Non-conforming Building Products - Chain of Responsibility and Other Matters) Amendment Bill 2017
Introduced by: Hon M de Brenni MP on 25/05/2017 Stage reached: Passed with amendment on 24/08/2017.

New Bills

Work Health and Safety and Other Legislation Amendment Bill 2017
Introduced by: Hon G Grace MP on 22/08/2017 Stage reached: Referred to Committee on 22/08/2017.
The Work Health and Safety and Other Legislation Amendment Bill seeks to implement the 58 recommendations in the Best Practice Review. The Bill amends the Work Health and Safety Act, the Electrical Safety Act and the Safety in Recreational Water Activities Act. Most of the recommendations relate to operational improvements for Workplace Health and Safety Queensland or the WHS Board.

Subordinate legislation as made
No 150 Explosives Regulation 2017 - Explosives Act 1999 – 18 August 2017 - The objectives of the regulation, as referred to in its explanatory notes are to: keep Queensland's explosives legislation current with contemporary safety and security standards, and ensure Queensland's explosives legislation meets community and industry expectations - Licences, handling and transportation of explosives.
No 162 Petroleum and Gas (General Provisions) Regulation 2017 - Petroleum Act 1923; Petroleum and Gas (Production and Safety) Act 2004 – 25 August 2017.
No 163 Petroleum and Gas (Production and Safety) and Other Legislation Amendment Regulation 2017 - Petroleum Act 1923; Petroleum and Gas (Production and Safety) Act 2004 – 25 August 2017.
No 165 Coal Mining Safety and Health Regulation 2017 - Coal Mining Safety and Health Act 1999 – 25 August 2017.
No 166 Mining and Quarrying Safety and Health Regulation 2017 - Mining and Quarrying Safety and Health Act 1999 – 25 August 2017.
No 171 Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2017 - Transport Operations (Marine Safety) Act 1994 – 25 August 2017.

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 Mondaq.com.

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

Authors
Michael Selinger
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
Holding Redlich
 
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 Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
Holding Redlich
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions