In the media
Moama manufacturer fined after worker suffers spinal
injuries
Brown was fined $60,000 in the Sydney District Court on 24 November
after pleading guilty to failing to ensure the health and safety of
workers, and $1,500 for failing to notify SafeWork NSW of the
incident, as required under the Work Health and Safety Act
2011 (30 November 2017).
More...
Heavy vehicle supply chain targets new
laws
The NHVR and the Australian Logistics Council
(ALC) have both praised the commitment shown by
several leading Australian distribution and retail companies to
improving heavy vehicle safety ahead of new Chain of Responsibility
laws coming into effect in mid-2018 (29 November 2017).
More...
Dural building company prosecuted after worker suffers
brain injury in fall
A Dural building company has been fined $60,000 for failing to
ensure the safety of a worker who was seriously injured during a
fall (28 November 2017).
More...
Gayle's Law passes SA Parliament to offer better
protection to remote nurses
A law named for murdered nurse Gayle Woodford passes the South
Australian Parliament, meaning health workers will no longer be
permitted to work alone in remote areas (28 November 2017).
More...
Notice to improve safety at Melbourne Market
upheld
An attempt by the Melbourne Market Authority (MMA)
to overturn a WorkSafe improvement notice in the Victorian Civil
and Administrative Tribunal has been unsuccessful. The inspector
issued the MMA with an improvement notice requiring it to separate
pedestrian traffic on the walkway from powered mobile machinery
operating on Buyers Walk (27 November 2017).
More...
Government launches safety blitz to drive down
construction deaths
Minister for Better Regulation Matt Kean today launched a year-long
blitz to crack down on dodgy construction businesses which put
their workers at risk. Mr Kean said the number of falls from
heights reported to SafeWork NSW had more than tripled in the last
five years – with the majority happening on construction
sites (22 November 2017).
More...
10-year work safety plan safe and sound
Safe Work Australia has released a mid-term review of its 10-year
workplace safety strategy reporting that progress towards the
strategy's three main targets was on track. The review found
the Australian Work Health and Safety Strategy
2012–2022 was broad and flexible enough to meet the
needs of stakeholders across various industries and that there had
been sufficient progress towards all three strategy targets (21
November 2017). See the report
here.
More...
High Court denies WorkSafe special leave to
appeal
Today the High Court of Australia denied WorkSafe special leave to
appeal the decision of the Full Federal Court in the matter of the
Victorian WorkCover Authority v. Australian Building and
Construction Commissioner and Anor (M89/2017). This means the High
Court upheld the Full Federal Court's decision that when a
health and safety representative (HSR) who seeks
occupational health and safety assistance from a person who is also
a union official, that union official is required to hold a federal
entry permit (17 November 2017).
More...
Published – articles, papers, reports
SafeWork Australia Fatality statistics
As at 24 November, 153 Australian workers have been killed at work
in 2017. The numbers and industries vary as Safe Work receives more
detailed information (to check for updates and full figures for
2017, go to the Safe Work Australia Work-related
fatalities
webpage).
NHVR on the Road, On the Road, Issue 23, 20 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.
More...
In practice and courts
Queensland
WorkCover Queensland: Dangerous electrical shocks serve
as a warning
Following two recent events where electrical shocks were ignored
leading to serious incidents, the Electrical Safety Office is
issuing a warning to everyone and outlines procedures to ensure
your property is safe. Click here for further
electrical safety information (27 November 2017).
More...
Cases
Fair Work Ombudsman v Maritime Union of Australia [2017] FCA
1363
INDUSTRIAL LAW – whether employee organisation organised and
was involved in unlawful industrial action in contravention of s
417 of the Fair Work Act 2009 (Cth) (the
Act) – whether cessation of work by
employees based on a reasonable concern about an imminent risk to
health or safety within the meaning of s 19(2)(c) of the Act
– whether the applicant's pleaded case should be
interpreted as it having to prove that "each and every"
employee in an identified group engaged in employee action –
no reasonable or evidentiary basis to apply such an interpretation
– overwhelming evidence that employee organisation involved
in and organised unlawful industrial action – applicant's
case proved – respondent found to have contravened s 417 of
the Act – respondent liable to imposition of pecuniary
penalty.
EVIDENCE – objections to admissibility of evidence of
representations made by people not called to give evidence –
evidence admitted – ruling that evidence relevant for a
non-hearsay purpose – consideration of standard of proof in
civil proceedings.
SafeWork NSW v CTN Construction Pty Limited [2017] NSWDC
340
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 OTHER – fall from height
– need for supervision by head contractor of subcontractors
and trades to ensure safety.
Chen v Premier Motors Service Pty Ltd t/as Premier
Illawarra [2017] NSWCATAD 342
HUMAN RIGHTS – discrimination – grounds –racial
discrimination – where applicant complained of race
discrimination in the provision of bus services – where it
was alleged that buses did not stop directly in front of applicant
at bus stops – where it was alleged that bus drivers
prevented applicant from photographing their driver authority cards
– where it was alleged that bus company did not treat
applicant's complaints seriously – whether bus company
has refused to provide services or provided services on certain
terms – whether conduct constitutes race discrimination.
SafeWork NSW v Auschem (NSW) Pty Limited [2017] NSWDC
338
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 OTHER – explosion and fire
– decanting thinners – electrostatic ignition.
PRACTICE AND PROCEDURE – notice to produce – objection
to production of documents on ground that documents privileged
– whether documents prepared for the dominant purpose of
lawyer providing legal advice to client.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
ALYFAB Pty Ltd 124 909 673
01/12/2017
Burns; Explosion; Exposure to chemicals; Failure to provide a safe
workplace. Occupational Health and Safety Act 2004 26(1);
Sunshine Magistrates' Court.
Australian Blending Company Pty. Ltd. 074 485
591 27/11/2017
Crush injuries; Failure to provide information, instruction,
training or supervision; Failure to provide a safe working
environment; Plant. Occupational Health and Safety Act
2004 21(1)&(2)(a)&(e); Ringwood Magistrates'
Court.
Legislation
NSW
Bills passed by both Houses of Parliament
Building Products (Safety) Bill 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.