Australia: Work Health & Safety News - 15 May 2018

Last Updated: 21 May 2018
Article by Charles Power, Benjamin Marshall, Stephen Trew, Michael Selinger and Rachel Drew

Most Read Contributor in Australia, September 2018

In the media

More chemicals added to database to ensure worker safety
More than 750 chemicals have been added to the Hazardous Chemical Information System to update classification information available for manufacturers, importers, suppliers and end users. The update includes the addition of 755 chemicals and amendments to more than 600 currently listed chemicals (09 May 2018). More...

New safety plan launched to help protect NSW workers
Workers will be better protected thanks to a new safety plan that aims to reduce injuries and fatalities in the manufacturing sector, Minister for Innovation and Better Regulation Matt Kean said (09 May 2018) . More...

Farmer dies after being struck by trailer
A man in his 70s has died after being run over by a trailer at a property near Ouyen. The fatality brings the number of confirmed workplace deaths this year to ten, and is the sixth to occur on a farm (08 May 2018). More...

Fine for scalping incident increased to $150,000
A Victorian Shepparton fruit packing company has been convicted and fined $150,000 on appeal following an incident which left an employee with horrific scalping injuries. In January last year, WorkSafe charged Kalafatis Pty Ltd with failing to provide and maintain a safe plant, and one charge of failing to maintain a safe system of work (04 May 2018). More...

Housing sites on notice to reduce the risk of falls in Victoria
WorkSafe inspectors are focusing on fall hazards in an effort to reduce the number of workers injured at housing construction sites. Since February 1 this year, 40 serious incidents involving falls at construction sites have been reported to WorkSafe (01 May 2018). More...

Erect Safe and Lendlease fined $150,000 over forklift incident at Barangaroo
A Baulkham Hills based scaffolding company, Erect Safe Pty Ltd, has been fined $90,000 after a labourer was seriously injured in a workplace incident at Barangaroo, Minister for Innovation and Better Regulation Matt Kean said. Lendlease Building Pty Ltd was also fined $60,000 in the Sydney District Court last week over the 2015 incident, where the worker was hit by scaffolding that fell from a forklift that was being driven by an unlicensed driver (01 May 2018). More...

New report reveals the global value of occupational health programmes
The global burden of Occupational Health (OH) issues is considerable. Fatal and non-fatal work-related injuries and illnesses worldwide equate to a cost of approximately €2680 billion. This new whitepaper discusses the value of Occupational Health from a global perspective and provides a synthesis of global evidence on the effectiveness of OH interventions and cost effectiveness (30 April 2018). More...

Workplace safety top priority
The NSW Government will continue to push for the highest possible safety standards in the workplace, with two key ministers making the pledge ahead of a ceremony to remember people who lost their lives in work-related accidents. SafeWork NSW's Work Health and Safety Roadmap for NSW 2022 puts the spotlight on high-risk industries including transport, agriculture, construction and manufacturing along with quad bikes, falls from heights and forklifts (28 April 2018). More...

Making Victorian buildings safer
The Victorian Budget 2018/19 includes $25 million to give authorities the resources they need to check more buildings for dangerous and combustible materials – and crack down on builders who flout the law. The Victorian Building Authority (VBA) is charged with the task of assessing 1,369 priority sites with planning or building permits identified by the Taskforce (29 April 2018). More...

Hunter companies fined over abattoir injury
A meat exporter and a labour hire company have been fined a combined $105,000 after a man's arm was injured by a factory meat processor, Minister for Better Regulation Matt Kean said. Hunter Valley-based meat exporter E.C Throsby Pty Ltd and Mondex Group Pty Ltd of Newcastle both pleaded guilty to failing to protect the health and safety of workers in relation to the 2014 incident (27 April 2018). More...

Published – articles, papers, reports

NHVR On the Road, Issue 33, 8 May 2018
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: Heavy vehicle safety tools launched
The NHVR has launched a series of tools to help heavy vehicle operators boost the safety performance of their business. The resources include 10 guides and templates, fact sheets and an information book. Further guidance material will be released later this year. For more information on the NHVR's Safety Management Systems visit www.nhvr.gov.au/sms (10 May 2018). More...

NTC: Would you travel in an automated vehicle?
How will Australia's laws and regulations be affected when a machine, rather than a human, is in control of a car? This is one of the questions the National Transport Commission (NTC) is seeking to answer in developing a regulatory system for automated vehicles in Australia (04 May 2018). More...

NHVR: EWDs get the green light
The NHVR will accept applications for approval for Electronic Work Diaries (EWDs) from 28 May, after releasing the final consultation. More...

Australian Government inquiry into workplace health and safety (WHS): consultation
The inquiry will examine the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia. Status: Accepting Submissions, closing on 06 June 2018, Reporting Date: 20 September 2018. More...
New Safety Standards

AS 4024.3201:2018
Safety of machinery - Plastics and rubber machines - Blow moulding machines - Safety requirements. Standards Australia.

New South Wales

SafeWork NSW Safety Alerts

Forklift Load Handling Safety Alert 08/05/2018
If you work with forklifts, watch this video for simple steps to handle loads safely.

Don't Cut Old Drums Safety Alert 08/05/2018
Flammable substances can still be present in old drums. Even if they have been cleaned and rinsed, the introduction of an ignition source can create a disastrous explosion. Cutting old drums isn't worth the risk - watch this video safety alert for more details.

Working with Horses Safety Alert 08/05/2018
Watch this video safety alert for ways to help keep you and your workers safe around horses.

Unpacking Glass Sheets Safety Alert 08/05/2018
This safety alert reminds people who handle packs of glass sheets not to rely on the packaging to support the contents when the package is being lifted or opened.

Working with Hot Oil Safety Alert 08/05/2018
Working with hot oil can cause burns as well as slips, trips and falls. Watch this video safety alert for tips on how to avoid hot oil injuries in your workplace.

Queensland

WorkCover Queensland eSAFE 2018
eSAFE - April 2018 – 30 April 2018.

Victoria

WorkSafe Victoria: Safety Soapbox 04 May 2018
Access the May edition of Safety Soapbox: Safety Soapbox 4 May 2018. This edition features the new codes and also the regulator's falls blitz.

WorkSafe Victoria: New Demolition and Excavation compliance codes now available
The Demolition compliance code replaces the Demolition Code of Practice (1991) and the Excavation compliance code replaces the Safety precautions in trenching operations Code of Practice (1988). The new codes provide practical guidance on how to improve health and safety at workplaces in relation to demolition and excavation, and meet the requirements of the Occupational Health and Safety Regulations 2017 (03 May 2018). More...

Cases

Harrison v Kilby [2018] QMC 006
INDUSTRIAL LAW – WORKPLACE HEALTH AND SAFETY - PROSECUTION - Whether an act was 'reckless' – Whether the element of 'recklessness' requires 'conscious disregard of risk' at the time of the offence – Whether 'recklessness' requires 'conscious disregard' of the risk at the time of the offence. -Whether offences under Chapter 9 of the Petroleum and Gas (Production and Safety) Act 2004 are limited to individuals – If so, whether the legislature intended a corporation to be incapable of committing an offence under s.704 of the Petroleum and Gas (Production and Safety) Act 2004 despite s.840 of that same Act. – If not, whether the co-accused has established a defence under s.840(3)(a) of the Petroleum and Gas (Production and Safety) Act 2004.

Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings

Olive Constructions Pty Ltd 130 676 078 03/05/2018
Crush injuries; Failure to provide information, instruction, training or supervision; Failure to ensure the means of entering and leaving a workplace is safe; Failure to provide a safe workplace Occupational Health and Safety Act 2004 26(1); Magistrates' Court.

Kalafatis Packing Pty Ltd 144 731 733 03/05/2018
Failure to provide a safe system of work; Guarding; Unguarded plant; Failure to provide and maintain plant; Failure to provide a safe working environment; Plant. Occupational Health and Safety Act 2004 21(1)&(2)(a); Shepparton County.

Charalambos Maheras 01/05/2018
Crush injuries; Traffic management; High risk construction work; Plant. Occupational Health and Safety Act 2004 21(1); Melbourne Magistrates Court.

KDR Victoria Pty Ltd 138 060 74 30/04/2018
Burns; Electric shock; Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision. Occupational Health and Safety Act 2004 21(1)&(2)(a); 21(1)&(2)(e); Heidelberg Magistrates' Court.

Jarred Brewer 26/04/2018
False information; Fraud. Workplace Injury Rehabilitation and Compensation Act 2013 581(1); 585(1); Broadmeadows Magistrates' Court.

Legislation

Queensland

Bills

Mines Legislation (Resources Safety) Amendment Bill 2018
Stage reached: 2nd reading to be moved on 8/05/2018
Amendment of Coal Mining Safety and Health Act 1999 - Amendment of s.33 (Obligations for safety and health). Section 33—If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations and Section 34 Discharge of obligations. A person on whom a safety and health obligation is imposed must discharge the obligations.

Heavy Vehicle National Law Amendment Bill 2018
Government Bill introduced on 1/05/2018 and referred to Transport and Public Works Committee.

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.

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