Australia: Inside track: Work Health and Safety - In the media, in practice and courts, and cases

Last Updated: 9 August 2019
Most Read Contributor in Australia, July 2019

In the media

Tragic reminder of dangers of working near powerlines
Head of ESO Victoria Thomson said if work had to be done near powerlines then employers needed to conduct a site-specific risk assessment, develop a safe system of work before starting, keep workers and contractors informed about electrical safety, and importantly, avoid going into exclusion zones (31 July 2019). More...

Mackay reappointed as chair of Mining and Petroleum Competence Board
The NSW Government has announced the re-appointment of Ms Ruth Mackay as Chair of the Mining and Petroleum Competence Board. The board aims to improve mine safety by contributing to the development of world leading competence standards. It does so as part of an overall strategy to improve mine safety and performance (31 July 2019). More...

WorkSafe Victoria: New guidance for working alone on farms
To support National Farm Safety Week, a new guidance was released to help you stay safe while working alone. The guidance includes information about check-in systems, personal locator beacons and, if an incident does occur, effective emergency procedures (30 July 2019). More...

BMA gets on front foot with QLD safety reset
BHP Mitsubishi Alliance (BMA) will take part in a Queensland-wide safety reset following three fatalities at its sites in the past five years (29 July 2019). More...

Gold miner fined $150,000 over third worker's death across six-year span
The owners of the mothballed Central Norseman gold mine in WA have been fined over the death of a worker fatally crushed in 2016 (26 July 2019). More...

Builder fined $75,000 over worker's life-changing injury
The company pleaded guilty in the Toowoomba Magistrates Court to breaching the Work Health and Safety Act 2011 and was fined and ordered to pay professional and court costs. In sentencing, the court agreed the young worker had been given no instruction or supervision in the safe operation of the saw (26 July 2019). More...

New inspectors ready to boost construction safety
Workplace Health and Safety Queensland is ready to roll out a new crop of construction inspectors to ensure workers can go home safely at the end of each day. The new inspectors will work with the construction industry to improve its injury and fatality rates (26 July 2019). More...

Joint agency blitz targets high rise construction safety breaches
A two-day operation in June on the Gold Coast by ten local, state and federal government agencies found a significant number of work safety breaches at construction sites. The Gold Coast is a hive of construction activity, with current building work valued at more than $10 billion, and another $5 billion in the pipeline (26 July 2019). More...

Site protection failings lead to track worker safety breach
The driver of an empty passenger train had to apply the brakes and sound the horn to alert track workers in the 'danger zone' to move to safety due to the inappropriate use of 'Lookout Working' safety measures, a new ATSB investigation has highlighted (25 July 2019). More...

Tradesman convicted in relation to bullying young workers
SafeWork NSW is encouraging businesses to remember mental health at work after a Hunter tradesman was convicted of failing to take reasonable care that his actions did not adversely affect the health and safety of two young workers. The $6,000 fine and order to pay costs is a reminder for workplaces to address mental health as part of their work health safety procedures (25 July 2019). More...

Chemical classification boosted
A new chemical information service, the Hazardous Chemical Information System (HCIS) includes 4500 chemicals classified in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals. However, Safe Work Australia issued the following warning to those using the database to identify chemicals: "Please be aware that HCIS is not a comprehensive database of all chemicals". More...

Published – articles, papers, reports

Safe Work Australia Fatality statistics
As at 8 July, there have been 77 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. More...

In practice and courts

WorkSafe releases new web updates on mental health
WorkSafe have updated their website to contain a new summary of mental health safety basics (02 August 2019). More...

SafeWork Australia: Consultation regulation impact statement: Recommendations of the 2018 Review of the Model WHS Laws
Safe Work Australia (SWA) is calling on stakeholders to provide feedback on recommendations for improving the model work health and safety (WHS) laws. Before implementing the recommendations, SWA is calling for anyone who may be affected by them to provide feedback via their Engage page. More...

NSW

Enforceable Undertakings – 24 July 2019
Boral Cement Pty Ltd
Alleged breach - Contravention of section 19(1) of the Work Health and Safety Act 2011.
This undertaking has a total expenditure of $1,045,000. More....

Queensland

WorkSafe Queensland: Vehicle loading crane (crane truck) audits extended
Workplace Health and Safety Queensland and the Department of Transport and Main Roads will extend an audit campaign to improve safety for vehicle loading cranes after a significant number of breaches were identified. WHSQ will hold workshops for owners and PCBUs in September and for inspection stations in October (26 July 2019). More...

WorkSafe Queensland: Risk from battery powered devices mounted near electrical equipment
Battery powered devices such as energy monitoring systems, timeclocks or communication equipment, if not maintained, can leak an alkaline substance onto equipment located below, creating a potential electric shock hazard and damaging equipment. The ESO is currently advising electricity meter installers and retailers they should not install meters below battery powered devices (26 July 2019). More...

Victoria

WorkSafe Victoria Alert: Farm worker killed by falling tree
An alert highlighting the importance of maintaining a no-go zone and effective communication when felling trees and branches.
Industries: Agriculture (30 July 2019). 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 date of publication of Amendment 1 (25 July 2019). More...

Cases

Orr v LakeCoal Pty Ltd (In Liquidation) (No. 2) [2019] NSWDC 360
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 – vehicles in underground coal mine made contact with roof of roadway, causing fracture of W-strap – broken W-Strap made contact with canopy of vehicle, entering operator cabin space causing serious injury to worker – need for audit of roadways to assess operational roof clearance of vehicle over road surfaces – need to train workers to report damage to roofs or W-Straps.

Victorian Prosecution Result Summaries and Enforceable Undertakings
Simcat Enterprises Pty Ltd Melbourne Magistrates' Court
Occupational Health and Safety Act 2004 Section21(1) & 21(2)(a)Outcome01 Aug 2019
PB Construction Services Pty Ltd (in liquidation) Ringwood Magistrates' Court
Occupational Health and Safety Act 2004,Occupational Health and Safety Regulations 2017
Section21(1); 21(2)(a) & 327 Outcome01 Aug 2019
Spotlight Pty Ltd Werribee Magistrates' Court
Occupational Health and Safety Act 2004 Section26 Outcome31 Jul 2019
SPC Ardmona Operations Ltd Shepparton Magistrates' Court
Occupational Health and Safety Act 2004,Occupational Health and Safety Regulations 2017
Section21(1) & 99 Outcome31 Jul 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