In the media
Food retail manager fined for bullying storeman
The manager of a company selling nuts, dried fruits and
candies in shopping centres has been convicted and fined $7500 for
bullying a storeman. Sallama pleaded guilty in the Sunshine
Magistrates' Court on 17 April to a single charge under
sections 144(1) and 21(1) & (2)(a) of the Occupational
Health and Safety Act (26 April 2019).
More...
Fair Trading shines a light on electrical workers in
building sector
'Operation Switch', an investigation led by NSW
Fair Trading officers, identified high levels of compliance across
businesses within the NSW residential building sector. Most of the
workers who spoke to Fair Trading produced valid licences and were
working safely, so that risks were minimised to their workmates,
customers and the public (23 April 2019).
More...
Recycler fined $160,000 after worker loses fingers
An easily preventable accident and the removal of a safety
guard that would have prevented a worker from having his fingers
crushed, were two contributing factors considered by a Gold Coast
Magistrate as he fined a recycler a hefty $160,000 (23 April 2019).
More...
Queensland Automotive mechanic struck by vehicle
parts
In March 2019, a worker suffered serious head injuries
when a suspension air bag assembly ejected under pressure from a
heavy vehicle in a mechanical workshop. Performing work under an
elevated load such as a heavy vehicle presents various hazards that
require appropriate control measures (18 April 2019).
More...
Hop grower fined $130,000 after worker dies in trailer
fall in Victoria
A hop grower has been convicted and fined $130,000 after a
worker died when he fell from a trailer towed by an out of control
tractor. Neville Victor Handcock was sentenced in Wodonga County
Court on 3 April after pleading guilty to one rolled up charge
containing two contraventions under sections 21(1) and 145 of the
Occupational Health and Safety Act (17 April 2019).
More...
Worker fatally crushed by planting machine in
Queensland
In March 2019, a worker was killed on a rural property
when he was crushed by the wheels of a planting machine that was
being towed by a tractor. Tractors are essential for agricultural,
green keeping, gardening, landscaping and other activities. They
are usually quite safe when operated properly, but become dangerous
if incorrectly used (17 April 2019).
More...
Dubbo farming company fined $180,000 after worker became
trapped in machine
A Dubbo company which produces farm animal feed has been
fined $180,000 after a worker became entangled in a machine,
seriously injuring his hand. Executive Director SafeWork
Operations, Tony Williams said Macquarie Milling was handed the
sentence at the Sydney District Court for failing to comply with
health and safety laws (17 April 2019).
More...
Company fined for concrete panel storage
A precast concrete manufacturer has been fined $30,000
without conviction for endangering workers by storing concrete
panels weighing nearly three tonnes each standing on end and
without supports (16 April 2019).
More...
Police fined $390,000 over death of cook in
freezer
South Australia Police will have to pay one of the
state's largest ever fines for breaching workplace safety laws
following the death of a woman working at a training centre (16
April 2019).
More...
Charges dropped against a drilling company over a
workplace accident
Charges against a WA drilling company over a workplace
accident, where a mine worker survived being crushed by a drilling
rig, are dropped by prosecutors due to the "unavailability of
witnesses" (11 April 2019).
More...
Work for the dole provider investigated amid claims of
workplace safety breaches
The Federal Government launches an urgent investigation
into a remote work for the dole provider, after the ABC obtained
images raising serious questions about some work practices in a
West Australian community (11 April 2019).
More...
Published – articles, papers, reports
Safe Work Australia fatality
statistics
No reported data from of 21 March. 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
OFSC: Hazards Research Project
The Office of the Federal Safety Commissioner is working
with RMIT University on a research project to determine if the 19
high risk hazard criteria used in the WHS Accreditation Scheme
remain appropriately targeted towards the hazards on building sites
with the highest risk of injury. As part of the research, RMIT will
be collecting and analysing data from Commonwealth and state and
territory government sources as well as interviews with key
stakeholders. For further information see the
Hazards Research Project fact sheet .
New Australian Standards
DR AS 4024.2201:2019
Safety of machinery - Part 2201: Permanent means of access to
machinery - Choice of fixed means and general requirements of
access -Standards Australia
DR AS 4024.2202:2019
Safety of machinery - Part 2202: Permanent means of access to
machinery - Working platforms and walkways - Standards
Australia
DR AS 4024.2203:2019
Safety of machinery - Part 2203: Permanent means of access to
machinery - Stairs, stepladders and guard-rails - Standards
Australia
DR AS 4024.2204:2019
Safety of machinery - Part 2204: Permanent means of access to
machinery - Fixed ladders - Standards Australia
National Safety Conference
28-29 August 2019 Save the date
NSW
NSW Resources: Weekly incident summary
The NSW Resources Regulator's Mine Safety unit
publishes a reportable incidents summary each week. See
Weekly incident summary week ending 12 April 2019 (18 April
2019).
Queensland
WorkCover Queensland: Electrical safety codes of
practice - Construction and operation of solar farms Code of
Practice 2019
The new
Construction and operation of solar farms Code of Practice 2019
will commence on 13 May 2019. The new code combines existing
electrical and work health and safety requirements relating to
solar farms. Commencement of the code of practice is accompanied by
a
regulatory amendment requiring the mounting, locating, fixing
and removal of solar panels at solar farms to be undertaken by
licensed electricians.
Victoria
Labour-hire licensing scheme commenced 29 April
2019
Labour-hire providers will have six months to apply for a
licence to operate in the State after this time. To obtain and keep
a licence, labour-hire firms will need to pass a "fit and
proper person test", which involves demonstrating long-term
compliance with Victoria's OHS and workers' compensation
Acts. More...
ESV Update: Application date – AS/NZS 3010:2017
Electrical installations – generating sets
ESV has published an update to the application date
for AS/NZS 3010:2017 Electrical Installations –
Generating Sets. This new 2017 edition of AS/NZS 3010 will be
mandatory from 1 July 2019. More...
Worksafe Victoria: Employee fatally injured after fall
from steel stillage
An alert about hazards and risk controls associated with
working at heights and forklifts, following the death of an
employee. Safety alert published 23 April 2019 Industries:
Construction.
More...
Cases
SafeWork NSW v MJM Painting Services Pty Limited;
SafeWork NSW v Miro Maric [2019] NSWDC
124
CRIMINAL LAW – prosecution – work health
& 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 COSTS – prosecution
costs.
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Matthew John Sallama Sunshine Magistrates'
Court
Occupational Health and Safety Act 2004;
Section144(1); 21(1) & 21(2)(a) Outcome 17 April 2019
Ryan Meat Company (No 2) Pty Ltd Shepparton
Magistrates' Court
Occupational Health and Safety Act 2004
Section21(1) & 21(2)(a) Outcome 16 April 2019
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.