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.