Australia: Work Health & Safety News – 3 October 2018

Last Updated: 5 October 2018
Article by Charles Power, Benjamin Marshall, Stephen Trew, Michael Selinger and Rachel Drew

Most Read Contributor in Australia, September 2018

In the media

Enforceable undertaking accepted following Mangoola Mine incident
The Department of Planning and Environment's Resources Regulator has accepted an enforceable undertaking from Mangoola Coal Operations Pty Ltd, following the Regulators investigation into a workplace incident at the Mangoola Open Cut Mine in 2016 (27 September 2018). More...

Cairns business fined after apprentice suffered serious injury
A Cairns sand and gravel business has been fined $125,000 after one of its apprentices suffered a serious work injury last year, after pleading guilty, the company was sentenced in the Cairns Magistrates Court under Section 32 of the Work Health and Safety Act 2011 (25 September 2018). More...

New South Wales commits to the safest workplaces in Australia
NSW workplaces are aiming to be the safest in the country after the Liberal National Government committed to ambitious new targets in a refreshed Work Health and Safety Roadmap. Minister for Better Regulation Matt Kean said the plan sought to reduce work-related deaths by 30 per cent, as well as injuries and illnesses by 50 per cent within five years (24 September 2018). More...

North Shore man fined $16,500 for causing tree felling incident
A North Shore landscaper has been fined $16,500 for not having appropriate safe work systems in place when felling two Tallowwood trees that caused $130,000 worth of damage to a neighbouring house. North Shore man fined $16,500 for causing tree felling incident. Daniel a'Beckett Rose pleaded guilty in the NSW District Court to three counts of contravening the Work Health and Safety Act 2011 (25 September 2018). More...

Conveyor, tailing dams among New South Wales regulator's safety concerns
The NSW Regulator points to the many risks involved in the operation of conveyors, instability or failure of tailing dams and on the roads and other vehicle operating areas at quarries (24 September 2018). More...

Farm operator guilty over contractor's death during dingo chase
A farm operator in remote north-west New South Wales is found guilty of failing to provide a safe work environment after a court determined that chasing after dingoes was a legitimate part of mustering work (21 September 2018). More...

Abattoir charged after forklift collision
A Warrnambool abattoir has been charged by WorkSafe following an incident in which a forklift ran into two people in October last year. Midfield Meat International Pty Ltd has been charged with contravening sections 21 and 23 of the OHS Act for failing to eliminate or reduce, as far as reasonably practicable, the risks of forklifts colliding with pedestrians (21 September 2018). More...

Worker dies in Shepparton pipeworks incident
A 25-year-old man has died after becoming caught in a conveyor belt at a concrete pipe manufacturing plant at Shepparton. Victoria WorkSafe is investigating. The incident brings the number of workplace fatalities for the year to 19, which is the same as at this time last year (21 September 2018). More...

Deniliquin company fined $300k over worker death
A Deniliquin-based tyre and wheel fitting company has been fined $300,000 after a 49-year-old worker was killed when changing a wheel on an industrial vehicle. Haconby Pty Ltd was sentenced in the Sydney District Court for failing to ensure correct safety procedures were followed, and failing to properly train its staff to carry out the work (18 September 2018). More...

Cranes back in action but checks continue
Clark Cranes, which owns and sells Raimondi cranes, has now inspected the hoist rope termination assembly, also known as the wedge socket, on all but one of the Raimondi cranes in service in Victoria. Specialist technicians engaged by WorkSafe are continuing to visit Raimondi crane sites to verify the company's safety checks (14 September 2018). More...

Published - articles, papers, reports

Safe Work Australia fatality statistics
As at 20 September, there have been 95 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. For updates and more details on fatalities since 2003, go to the Safe Work Australia Work-related fatalities webpage.

In practice and courts

National

AHRC Submissions - National Inquiry into Sexual Harassment in Australian Workplaces
The Commission is interested in hearing from individuals and organisations about their views and experiences relating to sexual harassment in Australian workplaces. Submissions are now open. The closing date for submissions is 31 January 2019. More...

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. Senate has now agreed to an extension of time for reporting until 4 October 2018. More...

New South Wales

SafeWork NSW: Transport Work Health and Safety Sector Plan 2018
The Plan will: Improve standards for working from the ground when loading and unloading vehicles; ensure businesses develop a traffic management plan; and promote the principles of 'three points of contact' when getting in and out of vehicles. A mental and physical health awareness and compliance program will be implemented as part of the plan. Further information on the Transport Work Health and Safety Sector Plan is available from SafeWork NSW.

Consultation @ Work conference
If you are a Health and Safety Representative (HSR), HSR training provider, small business, an employer or a worker, you are invited to attend a free Consultation @ Work Conference on the 31 October 2018 at the Sydney Cricket Ground. More...

Queensland

WorkSafe Queensland: Worker's arm partially amputated in quad bike collision with mechanical pruner
In August 2018, a worker's arm was partially amputated when the quad bike he was operating collided with a mechanical pruner. Preventing a similar incident actions are outlined here (25 September 2018). More...

QBCC: Safer buildings for Queensland
The Queensland Government recently amended the Building Regulation 2006 bringing in new safety laws in Queensland. From 1 October 2018 Building Owners may be required to register their buildings and complete the combustible cladding checklist. More...

Victoria

WorkSafe Victoria Safety Alert: Mining – working near stope brows and ground failure
A recent incident at an underground mine occurred when around 100 tonnes of rocks collapsed into an open stope brow. Under the Occupational Health and Safety Regulations 2017 (OHS Regulations), mine operators must, so far as is reasonably practicable, identify all mining hazards at their mine and assess the risks to health and safety from those hazards. More...

WorkSafe Victoria: Racing safety guidebook
A new WorkSafe guidebook for the racing industry will make it easier for trainers, venues and other employers to keep their workforce safe as a busy Spring Carnival approaches (27 September 2018). More...

Cases

SafeWork NSW v KD & JT Westbrook Pty Ltd [2018] NSWDC 255
Held: The elements of the offence have been proved beyond reasonable doubt. I find the defendant guilty of the offence.
Criminal Procedure Act 1986; Occupational Health and Safety Act 2000; Work Health and Safety Act 2011.

Victoria Prosecution Result Summaries and Enforceable Undertakings
W.F. Montague Pty Ltd County Court at Melbourne
Occupational Health and Safety Act 2004 Section 21(1) and (2)(a) Outcome 21 Sep 2018

DNJ Building Group Pty Ltd Dandenong Magistrates' Court
Occupational Health and Safety Act 2004 Section 3 x 26(1) Outcome 20 Sep 2018

Legislation

Victoria

Acts
Treasury and Finance Legislation Amendment Act 2018
Date of assent: 25 September 2018 - Act Number: 49/2018
Part 3—Amendments to the Occupational Health and Safety Act 2004 - Duty of employers to consult

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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