In the media
Don't rush or you risk becoming a workplace
statistic
WorkSafe is pleading with employers and workers to take a step back
and focus on safety as Victoria enters a traditionally dangerous
time of year. According to WorkSafe statistics, almost 25 per cent
of all workplace fatalities occurred in November and December (16
November 2017).
More...
Transport ministers approve greater access to the road
network for high volume vehicles
Australian transport ministers have approved amendments to the
Heavy Vehicle National Law (HVNL) to allow greater
access to the network for high volume vehicles. Vehicles approved
to level 1 of the Performance Based Standards
(PBS) will be allowed general access to the road
network if their gross mass is below 42.5 tonnes once the
amendments are passed by the Queensland Parliament (16 November
2017).
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Government bans use of dangerous cladding
Fire safety in high-rise buildings will be enhanced by new powers
to crack down on the dangerous use of building products, Minister
for Better Regulation Matt Kean announced today. Breaches of the
new bans will render offenders liable to fines of more than $1
million for companies, and more than $200,000 for individuals (16
November 2017).
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Construction company fined over worker's spinal
injuries
A Sydney construction company has been fined $300,000 for failing
to properly manage a faulty gate which fell on a worker, fracturing
her lower spine and pelvis, Minister for Better Regulation Matt
Kean said. In handing down the penalty, Judge Andrew Scotting took
into consideration that this is the third SafeWork NSW prosecution
against the company (15 November 2017).
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CFMEU penalised $54,500 after demanding Qld workers join
the union
The CFMEU and two of its officials have been penalised $54,500
after attempting to force workers to join the union at a major
Central Queensland construction site (10 November 2017).
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Lidcombe business fined $300,000 over worker's
death
A Lidcombe business has been fined $300,000 – and its
director fined a further $60,000 – after a worker was killed
in an excavator incident, the Minister responsible for SafeWork
NSW, Matt Kean said today. Mr Kean said SafeWork took Harris
Holdings and its director Harry Zizikas, 47, to court for breaching
the Work Health and Safety Act 2011 (NSW) by exposing the
worker to a risk of death or serious injury (09 November 2017).
More...
Business leaders pledge support for mentally healthy
workplaces
The leaders of some of NSW's biggest businesses will today
commit to significantly improving mental health in their workplaces
(09 November 2017).
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Build aware inspections taking place in Melbourne, Port
Phillip and Stonnington
Five Victorian building regulators from the joint initiative
'Build Aware' will inspect building, construction and
demolition sites across the cities of Melbourne, Port Phillip and
Stonnington, to check whether operators are complying with the law
(08 November 2017).
More...
Canberra company fined $60k for breaches during Mr
Fluffy demolition
Samarkos Earthmoving has been fined after it began demolition of an
asbestos-affected house in Torrens without mandatory water spray,
causing the building to emit a large cloud of dust (07 November
2017).
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Queensland gets tough with new industrial manslaughter
laws
Tough new industrial manslaughter laws have been passed by
Queensland's Parliament despite strong opposition from business
groups and concerns about how these could affect the national
harmonisation of Workplace Health and Safety laws (07 November
2017).
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Investigation into Falls Festival crowd crush
concludes
Following a comprehensive investigation, WorkSafe has determined
there is insufficient evidence to prosecute event organiser Ash
Sounds Pty Ltd in relation to an incident at the company's
Falls Music and Arts Festival in Lorne last year (06 November
2017).
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Marie Boland to lead review of the model WHS
laws
The 2018 Review will look at how the
model WHS laws are working in practice. An extensive
consultation process will explore whether the model WHS laws are
achieving their original objectives, and if they have resulted in
any unintended consequences (03 November 2017).
More...
Newcastle speed boat operation fined for unsafe
practices
The owner and master of a speed boat ride in Newcastle have pleaded
guilty and been fined a total of $26,000 in a local magistrates
court this week for failing to ensure the safe operation of a
domestic commercial vessel (03 November 2017).
More...
Published – articles, papers, reports
NHVR On the Road, On the Road, Issue 22, 9 November
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.
International:
WHO mental health in the workplace guide
The World Health Organisation (WHO) has issued an
information sheet on mental health in the workplace. In a list of
'good interventions', it highlights the importance of
workforce participation. A recent WHO-led study estimated that
depression and anxiety disorders cost the global economy US$1
trillion (£0.76 trillion) each year in lost productivity.
In practice and courts
SafeWork Australia: 2018 Review of the model WHS
laws
The
review terms of reference have been set by WHS ministers (03
November 2017).
More...
SafeWork Australia: Five years on: Australian Work
Health and Safety Strategy review
The mid-term review of the
Australian Work Health and Safety Strategy
2012-2022 (the Strategy) shows
that it continues to be an important tool to shape work health and
safety (WHS) activities across Australia. The review highlighted 14
key findings which are being considered by Safe Work Australia
Members (03 November 2017).
More...
Queensland
WorkCover Queensland: Restricted electrical work
licence
Restricted electrical work licences allow people to do electrical
work incidental to a particular trade or calling. In all cases,
restricted electrical work licence holders can only do electrical
work within the endorsement, scope of work and National Restricted
Electrical Licence units listed on the licence. Section 57(1) of
the
Electrical Safety Act 2002 requires electrical work
licence holders to comply with all conditions and restrictions
included in the licence (16 November 2017).
More...
Cases
Safe Work NSW v Ceerose Pty Ltd [2017] NSWDC
313
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury – injury to
worker. SENTENCE – mitigating factors – aggravating
factors – fine – circumstances – objective
seriousness – specific deterrence – general deterrence
– appropriate penalty. SENTENCE PRINCIPLES – parity
– totality – community values – remorse –
contrition – onerous penalty – extra curial punishment.
COSTS – prosecution costs. OTHER – injuries to victim
– pelvic injuries – thoracic vertebrae injury –
rehabilitation of victim – ongoing difficulties.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Brad Perryman Builders Pty Ltd 138 066 172
06/11/2017
Cranes; Crush injuries; Failure to provide a safe system of work;
Failure to provide a safe working environment; Failure to provide a
safe workplace; High risk construction work. Occupational
Health and Safety Act 2004 21(1)&(2)(a); Bendigo
Magistrates' Court.
Redback Tree Services Pty Ltd 142 559 340
03/11/2017
Electric shock; Failure to provide a safe system of work; Fatality;
Failure to provide a safe working environment. Occupational
Health and Safety Act 2004 21(1)&(2)(a); Melbourne
County.
Bahtiyar Aktepe 02/11/2017
False information; Fraud. Workplace Injury Rehabilitation and
Compensation Act 2013 581(1); 585(1); 585(3); Dandenong
Magistrates' Court.
Legislation
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, commenced 13 November 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.
