Australia: Inside track: Work Health & Safety: In the media, Published reports, In practice and courts and Cases

Last Updated: 14 June 2019
Most Read Contributor in Australia, July 2019

In the media

Mobile equipment top cause of mining fatalities
The single highest cause of fatalities in 2018 was mobile mining equipment, albeit the drop in the number of fatalities two years in a row across mining companies (03 June 2019). More...

Government to appeal solar farms ruling, workers safety paramount
Industrial Relations Minister Grace Grace has announced that the State Government will lodge an appeal against a Supreme Court of Queensland judgement to invalidate recently introduced regulations relating to solar farms (30 May 2019). More...

Lindsay backs SafeWork NSW enforceable undertaking
A fatality in New South Wales four years ago has seen transport and logistics firm Lindsay Australia agreeing to a number of conditions following court proceedings but specific details of the enforceable undertaking (EU) are yet to be released (30 May 2019). More...

Manager gets 18 months jail for worker's death at Moranbah Quarry
The manager of a quarry where a worker was crushed to death on-site in central Queensland has been sentenced to 18 months in prison for safety breaches. MCG Quarries was charged with three counts of breaching health and safety obligations, while its managing director William McDonald and senior executive Tony Addinsall were also charged with multiple safety breaches (29 May 2019). More...

Published - articles, papers, reports

Safe Work Australia fatality statistics
As at 16 May, there have been 56 Australian workers killed at work in 2019. 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 here.

In practice and courts

SafeWork Australia: Feedback on moving from GHS 3 to GHS 7 under the model WHS laws
Safe Work Australia will shortly be consulting on the proposal to adopt an updated edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) for workplace hazardous chemicals. Stay informed by subscribing to our hazardous chemicals mailing list, and go to our consultation platform Engage to register to have your say in July 2019 (06 June 2019). More...

Tapping into Workplace Safety - A new Augmented Reality Guide for plumbers
Pro-Visual Publishing has partnered with Master Plumbers Association of NSW and Master Plumbers Australia, New Zealand and all states to proudly release two editions of the Augmented Reality (AR) Plumbing Industry Guide to Safety, distributed free of charge to NSW and Australia wide (29 May 2019). More...

OFSC: Changes to accredited contractor reporting requirements by 01 July 2019
The first Scheme Biannual Report, for the January to June 2019 reporting period, is due by 31 July 2019.
There is no additional information required in the Scheme Biannual Report that was not previously collected in the Biannual Activity Report or Scheme Project Report, with all data fields remaining the same. The April 2019 edition of the FSC Online WHS Report Guide provides guidance on the new Scheme Biannual Report.

Queensland

WorkSafe safety alert: Hazards of using load skates
This safety alert has been issued to highlight the risk of serious injury or death when using load skates to move top-heavy loads. Load skates are also referred to as machine or machinery skates, load trollies, heavy load dollies and load rollers. Date issued: 29 May 2019. More...

Victoria

WorkSafe Victoria alert: Employee fatally crushed between forklift load and mast
An alert about hazards and risk controls associated with forklifts, following the death of an employee.
Safety issues, Recommended ways to control risks and Legal duties are outlined here (06 June 2019). More...

WorkSafe Victoria alert: Hazards of automatic revolving or rotating doors
An alert about hazards and risk controls associated with revolving or rotating doors following an increase in incidents. WorkSafe Victoria urges duty holders to regularly test and maintain rotating door sensors—high-functioning sensors may prevent injuries (05 June 2019). More...

Cases

SafeWork NSW v K & R Fabrications (W'Gong) Pty Limited [2019] NSWDC 238
CRIMINAL LAW – prosecution – work health and safety – duty of person undertaking business – risk of death or serious injury
PROCEDURAL – elements of offence – whether defendant owed a health and safety duty – whether there was a failure to comply with that duty – whether that failure exposed workers to the risk of death or serious injury
PROCEDURAL – reasonable practicability – likelihood of the risk – knowledge of the risk – what the defendant ought reasonably to have known
OTHER – unrestrained bearing housing of gearbox fell on worker causing serious injury – need for bearing housing to be restrained when backing plates of housing were removed – need for SWMS or JSA for task being carried out

SafeWork NSW v Aptec Constructions Pty Limited [2019] NSWDC 229
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
COSTS - prosecution costs
OTHER – fall from height – no edge protection or fall prevention device

Victorian Prosecution Result Summaries and Enforceable Undertakings

Jenus Nazarpour Sunshine Magistrates' Court
Workplace Injury Rehabilitation and Compensation Act 2013 Section 581(2) & 585(1)
Outcome 30 May 2019

Andrew McCullock Sunshine Magistrates' Court
Workplace Injury Rehabilitation and Compensation Act 2013 Section 581(1)
Outcome 30 May 2019

Diversion 8 of 2018-19 Shepparton Magistrates' Court
Workplace Injury Rehabilitation and Compensation Act 2013 Section 585(1)
Outcome 30 May 2019

Rainshield Roofing Pty Ltd Melbourne Magistrates' Court
Occupational Health and Safety Act 2004 Section 21(1) & 21(2)a
Outcome 29 May 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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions