In the media
Company fined over worker's amputated fingers
A Western Sydney company has been fined more than $110,000
after a 20 year old worker's hand was crushed by a hydraulic
brake press. Duct Australia Pty Ltd, a sheet metal company in
Wetherill Park, was sentenced at the District Court of NSW for
failing to ensure the health and safety of its workers (31 August
2018).
More...
Safety blitz targets vehicle loading cranes
In the wake of three deaths, dozens of serious injuries
and significant property damage caused by vehicles fitted with
loading cranes (VLCs), the Queensland Government
has launched an education and enforcement campaign to prevent
further tragedy (29 August 2018).
More...
Falls the focus of Cross Border safety program
A joint inspection blitz by WorkSafe Victoria and SafeWork
NSW will focus on preventing falls on construction sites in the
Echuca Moama region. Inspectors from both sides of the border will
come together as part of the Cross Border Construction Program to
talk to employers about how they can meet their safety obligations
(28 August 2018).
More...
Worker dies in hospital following serious fall
The man was the second worker to die as a result of a
serious fall at a Victorian construction site in three days.
WorkSafe Acting Executive Director of Health and Safety Paul Fowler
said the death was a tragic outcome following what was a terrible
week for safety at Victorian worksites and outlines safety
procedures here (29 August 2018).
More...
Published – articles, papers, reports
Safe Work Australia Fatality
statistics
As at 16 August, there have been 83 Australian
workers killed at work in 2018. The numbers and industries may vary
from one report to the next, as Safe Work receives more detailed
information (to check for updates and more details on fatalities
since 2003, go to the Safe Work Australia Work-related fatalities
webpage).
In practice and courts
The framework surrounding the prevention, investigation
and prosecution of industrial deaths in Australia
On 26 March 2018, the Senate referred the inquiry into the
framework surrounding the prevention, investigation and prosecution
of industrial deaths in Australia to the Education and Employment
References Committee for inquiry and report by 20 September 2018.
On 16 August 2018 the Senate agreed to an extension of time for
reporting until 4 October 2018.
More...
AS/NZS 4442:2018
Office desks, office workstations and tables intended to
be used as office desks - Mechanical, dimensional and general
requirements and test methods - Standards Australia.
New South Wales
SafeWork NSW Safety Alert: Fire hazards &
containment netting
This safety alert reminds people of the fire hazards
associated with containment netting or equivalent used in the
construction industry, and the measures that should be implemented
to control the associated risks. Containment netting may also be
referred to as 'containment sheeting', 'screening'
or 'scaffolding mesh' (20 August 2018).
More...
Fires on mobile plant – discussion paper
The Resources Regulator has developed a discussion paper
which considers strategies to reduce the incidence of fires on
mobile plant in NSW mines. Feedback is invited on the current and
future use of fire-resistant fluid and other solutions. Feedback
closes on 14 September 2018.
More...
Queensland
WorkCover Queensland: bulldozer rollover and Preventing
a similar incident
Dozers and other types of mobile plant are safe when
operated correctly and with consideration for the environmental and
ground conditions where they are being operated. However, like any
equipment, they become dangerous if used incorrectly (30 August
2018).
More...
QBCC: Licences required for those who install and
service gaseous fire suppression systems
Queensland technicians and companies who install,
decommission, service or maintain gaseous fire suppression systems
or portable extinguishers containing ODS or SGG must ensure they
also hold the necessary licences and permits as required by the
Australian Government. This is in addition to the
QBCC licensing requirements (22 August 2018).
More...
QLRC: Civil surveillance and privacy review; Workplace
surveillance review
Employers use optical surveillance, data monitoring and
tracking devices for a number of legitimate reasons, including to
ensure employee health and safety, protect property from theft and
damage, prevent fraud and monitor employee performance. The terms
of reference can be found here and the QLRC will report
back by 1 July 2019 (civil surveillance) and by 30 June 2020
(workplace surveillance).
Victoria
Safety Soapbox 24 August 2018
This issue's editorial talks of WorkSafe's current visits
to construction sites to ensure the risks associated with setting
up and operating truck-mounted mobile concrete boom pumps (boom
pumps) are being controlled. There is also a roundup of information
from other jurisdictions. Access the August 24 edition of Safety
Soapbox
here.
Cases
SafeWork NSW v Daniel áBeckett
Rose [2018] NSWDC
240
CRIME – work health and safety – no prior
conviction – tree removal – aggravating and mitigating
factors – relief under Fines Act – extra – curial
punishment.
El Masri v Safework NSW [2018]
NSWCATAD 194
The decision under review is affirmed.
ADMINISTRATIVE LAW – restrictive demolition licence –
appropriate experience – practical training. Occupational
Health and Safety Regulation 2001; Work Health and Safety Act
2011; Work Health and Safety Regulation 2011.
SafeWork NSW v Duct Australia Pty Ltd
[2018] NSWDC 231
CRIMINAL LAW – prosecution – work health and
safety – worker's hand crushed in a press – obvious
and foreseeable risk.
SENTENCE – mitigating factors – aggravating factors
– fine – circumstances – objective seriousness
– specific deterrence – general deterrence –
appropriate penalty.
COSTS – prosecution costs.
SafeWork NSW v Haconby Pty Ltd
[2018] NSWDC 230
CRIMINAL LAW – prosecution – work health and
safety – fatality – obvious and foreseeable risk.
SENTENCE – mitigating factors – aggravating factors
– fine – circumstances – objective seriousness
– specific deterrence – general deterrence –
appropriate penalty – totality principle.
COSTS – prosecution costs.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Erfanian Developments Pty Ltd
Ringwood Magistrates' Court; Occupational Health
and Safety Act 2004 Section 26; 21(1); 122(5)
Outcome 23 August 2018
Luciano Chiodo
Heidelberg Magistrates' Court; Workplace Injury
Rehabilitation and Compensation Act 2013 Section 581(1)
Outcome 22 August 2018
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.