Australia: Work Health & Safety News – 12 September 2017

In the media

ALC outlines 10-point work program at Summit
The Australian Logistics Council (ALC) has identified key priority areas that will form the basis of its efforts to improve supply chain safety in the coming year. One of the core agendas of the event was to discuss the upcoming changes to Chain of Responsibility (COR) obligations under the Heavy Vehicle National Law (HVNL), and the development of a registered industry code of practice (Master Code) to assist COR compliance (07 September 2017). More...

Builder convicted and fined $880,000 over death of apprentice
A Moorabbin building company and its director were yesterday convicted and fined a total of $880,000 over the death of a 21-year-old apprentice at a Caulfield South construction site in August 2013 (06 September 2017). More...

Safety Bureau's reform agenda no accident
The Australian Transport Safety Bureau (ATSB) will become more selective in allocating resources and investigating accidents and serious incidents that offer the greatest potential for learning safety lessons (05 September 2017). More...

Cross-border safety program to focus on young workers
WorkSafe Victoria and SafeWork NSW will focus on young workers when they team up in Yarrawonga – Mulwala this week as part of this year's Cross Border Construction Program (04 September 2017). More...

Electricity Safety Week shines spotlight on electrical safety in Queensland
Electricity Safety Week (4-8 September) will shine the spotlight firmly on electrical safety with a host of events tailored specifically for electrical contractors and workers. Minister for Industrial Relations Grace Grace said "Recent changes to regulations mean we can now review the competency of those seeking a license or looking to renew one," (04 September 2017). More...

Alarming statistics on drug and alcohol use in mining and agriculture
Research shows a disturbing trend towards alcohol and drug consumption before work for people in mining and agriculture (01 September 2017). More...

Workplace the focus of new mental health plan
The serious impact of mental health issues in the workplace will be addressed in a new strategy, being launched today in front of businesses, academics and non-government organisations (NGOs) (29 August 2017). More...

Queensland passes building product safety laws
The Queensland Government has passed laws to increase accountability for dangerous building products, including flammable building cladding. These powers will assist the Government's Audit Taskforce in its work responding to potentially dangerous building cladding in Queensland (28 August 2017). More...

Published – articles, papers, reports

SafeWork Australia Fatality statistics
There has not been an update on the workplace fatalities reported to the national body since our last edition. As at August 28, 115 had been reported. To check for updates and full figures for 2017, go to the Safe Work Australia Work-related fatalities webpage. The latest monthly fatality report published remains that for April 2017, during which there were 13 work-related notifiable fatalities. To download the latest report, go to the Notifiable Fatalities Monthly Report webpage.

In practice and courts

NHVR: New vehicle modification standards come into effect 1 Sept
Version 3 of the new Vehicle Standards Bulletin 6: National Code of Practice for Heavy Vehicle Modifications (VSB6) will become the new national standard for the most common modifications made to heavy vehicles, effective on 1 September 2017. From 1 October, all modifications certified by an AVE must be done in accordance with VSB6 Version 3. More... More...

NTC: PBS marketplace review seeks to build on safety and productivity gains as Australia's freight task grows
The National Transport Commission (NTC) has released a discussion paper which presents preliminary findings of an evaluation of the PBS scheme and possible actions for improving the efficiency and effectiveness of the scheme. Submissions in response to this discussion paper will be accepted until 9 October 2017. More... More...


Consultation @ Work Conference
Event | 25/10/2017 - If you are a Health and Safety Representative (HSR), HSR training provider, an employer or a worker, you are invited to attend our free Consultation @ Work Conference. This is the first time SafeWork NSW has held this conference. Places are limited, so secure your spot now.

Work Health and Safety Legislation
Work Health and Safety Regulation 2011 was repealed on 1 September and replaced by the Work Health and Safety Regulation 2017, which comes into effect on the same day. The changes are outlined here.


WorkCover Queensland: Billboard workers overhead powerlines electric shock
On 7 August 2017, two workers in an uninsulated elevating work platform contacted an 11 kV powerline with the six metre aluminium sail track they were reinstalling on a billboard. Billboard company operators must ensure that nothing and no-one comes within an unsafe distance of an overhead powerline. The billboard company involved in the 2012 fatality was fined $125,000 with costs totalling nearly $50,000 (05 September 2017). More...

WorkCover Queensland: Serious falls from height at the Gold Coast
There have been several recent falls from height at the Gold Coast which are being investigated by Workplace Health and Safety Queensland (WHSQ). Protection must be provided if there is a risk of falling through the roof and work is being done on the top of the roof. Control measures to prevent injury from work on fragile roofs are similar to methods used for roof work more generally, are outlined here (04 September 2017).

WorkCover Queensland: Wiring Rules update: new requirements for sleeving of conductors and segregation of different services
The Australian Standard AS/NZS3000 (the Wiring Rules) is being updated and due to be published later this year. It will include some changes to the requirements of sleeving of conductors and clarification on the segregation of different electrical installations outlined here (05 September 2017). More...


WorkSafe Victoria: Safety Soapbox
The Safety Soapbox issue was released on 08 September 2017. Read the list of reported incidents from 18 August to 31 August 2017. Since the last edition of Safety Soapbox, there have been 49 incidents, serious enough to be reported to WorkSafe, from the construction, utility, quarrying and mining industries. Access the latest edition of Safety Soapbox here.

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...


Australian Building and Construction Commissioner v Dig It Landscapes Pty Ltd & Ors [2017] FCCA 2128
INDUSTRIAL LAW – Penalty hearing – unlawful industrial action under the Fair Work Act 2009 (Cth) – First, Third, Fourth and Fifth Respondent admitted contravention – imposition of appropriate penalty – worst category – s.354 discrimination.

Lorelle Hillman v NSW Trains [2017] NSWIRComm 1056
REINSTATEMENT OF INJURED WORKER – rail worker - applicant terminated on basis that she was unsuitable for the inherent physical requirements of her former role - medical assessment found her fit - reinstatement and lost remuneration orders made.

Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings

Phil McDonald Plumbing Pty Ltd 159 325 265 25/08/2017
Falls/work at height offences. Occupational Health and Safety Act 2004 21(1); Ballarat.

Industrial Lining Pty Limited 065 225 096 25/08/2017
Confined spaces; Exposure to chemicals; Failure to conduct a risk/hazard assessment; Failure to conduct a risk/hazard identification; Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision; Failure to provide a safe workplace. Occupational Health and Safety Act 2004 21(1)&(2)(e); 21(1); Broadmeadows Magistrates' Court.




Occupational Health and Safety (Maritime Industry) Amendment (Incident Notification and Reporting) Regulations 2017
No longer in force - Tabled HR 04 September 2017, Tabled Senate 04 September 2017.
These regulations amend the Occupational Health and Safety (Maritime Industry) Regulations 1995 to enable the Australian Maritime Safety Authority (AMSA) to streamline the incident notification and reporting obligations of maritime operators. AMSA will be able to specify one form for incident notification and one form for incident reporting, regardless of the jurisdiction the incident occurred in.


Bills assented

Building and Construction Legislation (Non-conforming Building Products - Chain of Responsibility and Other Matters) Amendment Bill 2017
Assent Date: 31/08/2017 Act No: Act No. 29 of 2017 Commences: by Proclamation. The objective of the Act, assented to on 31 August 2017, is to promote the safety of Queensland's buildings by introducing duties on supply chain participants for building products to ensure building products are safe and enabling the Government, through the administering Minister and Queensland's building regulator, the Queensland Building and Construction Commission, to investigate and effectively respond to incidents of non conforming building products.

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

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

Michael Selinger
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 Video
Up-coming Events Search
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.