Australia: Work Health & Safety News – 8 November 2017

Last Updated: 10 November 2017
Article by Charles Power, Benjamin Marshall, Stephen Trew, Michael Selinger and Rachel Drew

Most Read Contributor in Australia, September 2018

In the media

Spray painting firm fined $25,000 after vacuum cleaner triggers explosion
A Wodonga spray painting company has been convicted and fined $25,000 after a vacuum cleaner being used to clean up flammable liquid triggered an explosion in a confined space and burned a worker (03 November 2017). More...

A company and its director face charges for worker death at Yatala
Charges have been laid against Oil Tech International Pty Ltd and company director Michael Joseph Reid in relation to the death of worker Matthew Adam O'Brien at a waste recycling facility in Yatala on 5 November 2015. As a Category 1 offence involving reckless conduct, Reid faces a maximum five years' imprisonment or a fine of $600,000, while the company could be liable for fines of up to $3m (27 October 2017). More...

New strategy to support small business
A new strategy will help make it easier for small businesses to meet their work health and safety (WHS) and workers compensation obligations, and get on with running their business (27 October 2017). More...

State Government launches plan to help keep NSW farmers safe
Farmers will be safer in the workplace under a new state government plan to drive down injuries and fatalities in the NSW agriculture sector (27 October 2017). More...

NHVR invites heavy vehicle safety project submissions
The National Heavy Vehicle Regulator (NHVR) is inviting submissions for the next round of federal government funding to support industry-led safety projects (26 October 2017). More...

Australian workplaces failing workers with 'superficial' mental health policies
Australian businesses and their managers are failing employees when it comes to adequately addressing mental health and wellbeing issues, a new survey found (26 October 2017). More...

Worker killed by exploding wheel and tyre
A worker was killed in October 2017 after being struck in the face by an exploding wheel and tyre. Initial inquiries indicate that the worker attempted to weld up a small leak in the truck wheel, whilst the tyre was still pressurized (26 October 2017). More...

Changing workplace culture for better mental health
Despite the current spotlight on mental health and the impacts of mental illness in the workplace, icare Workers Insurance Group Executive, John Nagle, questions the extent to which employers are driving much needed change in workplace culture (26 October 2017). More...

More inspectors hit the beat to keep Victorians safe at work
Following an intensive 14-week training course, WorkSafe's latest group of inspector and investigator graduates have hit the beat to begin the task of keeping Victorian workers safe. The new recruits will be based in Melbourne, Geelong, Ballarat, Shepparton and Wangaratta (25 October 2017). More...

NSW Government launches plan to protect workers from dangerous workplace chemicals
The NSW Government today launched a five-year project to help protect workers against injuries and diseases from dangerous chemicals in the workplace. Minister for Better Regulation Matt Kean said crystalline silica and formaldehyde have been given top priority by the government as those of greatest risk to NSW workers (24 October 2017). More...

$35,000 fine after member of the public trapped in hole
A civil construction company which failed to provide adequate site security at a housing subdivision site in Pakenham has been fined $35,000 after a member of the public on a late-night walk was injured after falling into a hole on the site and becoming trapped (24 October 2017). More...

NSW workplaces warned about dodgy breathing apparatus
Minister for Better Regulation Matt Kean has today issued a warning to NSW workplaces about an emergency escape breathing device (EEBD), due to serious safety concerns. EEBDs provide wearers with a short-term supply of oxygen so they can escape situations where the air has been contaminated by gas, smoke or chemicals (20 October 2017). More...

Authorities defend not prosecuting over Canberra bridge collapse
The ACT Government says it did not pursue prosecuting those responsible for a 2010 bridge collapse that hospitalised nine workers because its resources were diverted to more serious cases (20 October 2017). More...

Published – articles, papers, reports

NHVR On the Road, Issue 21, 23 October 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

NHVR: Funding boost for heavy vehicle safety projects
The National Heavy Vehicle Regulator (NHVR) is calling for submissions for the next round of Australian Government. More...

Victoria

WorkSafe Victoria: Safety Soapbox
Safety Soapbox issue for 3 November 2017.

NSW

Consultation @ Work Conference
If you are a Health and Safety Representative (HSR), HSR training provider, an employer or a worker, you are invited to attend SafeWork's free Consultation @ Work Conference. This is the first time SafeWork NSW has held this conference. Places are limited (25 October 2017). More...

Queensland

Safety alert: Removal of unsafe emergency escape breathing devices from vehicles and workplaces
This safety alert advises workplaces and the transport industry that the HFZY30 EEBD self-rescue respirator does not meet Australian Standard 'AS/NZS 1716 Respiratory protection devices' requirements and should be removed immediately from all workplaces, including from road transport vehicles (19 October 2017). More...

WorkSafe Queensland eSAFE – 27 October 2017
In this edition: Queensland Government seeks new offence of industrial manslaughter; Supply chain and subcontractor safety masterclass; Safe Work Month event tickets and sponsorships available; Poor machine guarding amputations lead to hefty fines; Expert group to shape state's safety leadership and culture; Time's up to renew your WorkCover insurance policy; and much more. More...

Cases

SafeWork NSW v Harris Holdings NSW Pty Ltd; SafeWork NSW v Harry Zizikas [2017] NSWDC 299
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury. SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – appropriate penalty. SENTENCING PRINCIPLES – totality – remorse – contrition – appropriate penalty. COSTS – prosecution costs.

SafeWork NSW v Freyssinet Australia Pty Ltd [2017] NSWDC 290
CRIMINAL LAW – work health and safety – construction site – head contractor – defendant one of several sub-contractors – numerous workers on site – injured person employed by defendant fell from stairway – stairway and access used by all workers – responsibility for stairway – adequacy of edge protection on stairway – whether risk existed and was foreseeable – reasonably practicable measures available to the defendant.

Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings

Recoat Smash Repairs Pty Ltd 104 089 554
01/11/2017 Burns; Confined spaces; Dangerous goods; Explosion. Occupational Health and Safety Act 2004 21(1)&(2)(a); Wodonga Magistrates Court.

DFC Packaging (Sleeves) Pty Ltd 088 253 212
30/10/2017 Guarding; Unguarded plant; Failure to provide and maintain plant; Plant. Occupational Health and Safety Act 2004 21(1)&(2)(a); Dandenong Magistrates' Court.

The Greater Geelong City Council 30/10/2017
Failure to provide a safe system of work; Falls/work at height offences; Inexperienced employee; Failure to provide a safe working environment; Failure to provide a safe workplace; Failure to provide and maintain a passive fall protection device. Occupational Health and Safety Act 2004 21(1)&(2)(a); Geelong Magistrates Court.

Wodonga Rendering Pty Ltd 074 885 457
25/10/2017 Failure to provide information, instruction, training or supervision; Failure to provide and maintain plant; Failure to provide a safe working environment. Occupational Health and Safety Act 2004 21(1)&(2)(a); 21(1)&(2)(e); Wodonga Magistrates' Court.

Pinnacle Bakery & Integrated Ingredients Pty Ltd 161 203 005
24/10/2017 Crush injuries; 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; Guarding. Occupational Health and Safety Act 2004 21(1)&(2)(a); 21(1)&(2)(e); Melbourne Magistrates' Court.

Legislation

Commonwealth

Regulation

Agricultural and Veterinary Chemicals Legislation Amendment (Operational Efficiency) Bill 2017
25/10/2017 - A Bill for an Act to amend the law relating to agricultural and veterinary chemicals, annual; return and record keeping.

Queensland

Subordinate legislation as made

No 225: Proclamation—Work Health and Safety and Other Legislation Amendment Act 2017
27 October 2017 - By proclamation, the provisions of the Work Health and Safety and Other Legislation Amendment Act relating to dispute resolution and right of entry, as listed in the schedule to the proclamation, will commence on 13 November 2017.

Bills

Work Health and Safety and Other Legislation Amendment Bill 2017
Introduced by: Hon G Grace MP on 22/08/2017 Stage reached: Passed with amendment on 12/10/2017. Assent Date: 23/10/2017 Act No. 38 of 2017 Commences: see Act for details.
In October 2016 the Government announced a best practice review of work health and safety laws as a result of fatalities at Dreamworld and Eagle Farm. As a result of the Review, the Bill introduces a number of amendments including the introduction of an offence of industrial manslaughter and establishing an independent statutory office for work health and safety prosecutions.

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