In the media
Meat processor fined $90,000 after hand amputation
JBS Australia Pty Ltd pleaded guilty in the Melbourne
Magistrates' Court to a single charge of failing, so far as is
reasonably practicable, to provide a safe working environment that
was without risk to health (15 August 2019).
More...
Conviction for assaulting WorkSafe inspector
A man has been convicted and fined $3,500 for assaulting a
WorkSafe inspector at an Elwood construction site. The court heard
the offending was prolonged, aggressive and humiliating, and in
contravention of section 125 of the Occupational Health and
Safety Act 2004 (13 August 2019).
More...
LakeCoal Pty Ltd fined $180,000 for WHS breach
The NSW Resources Regulator has welcomed the conviction of
LakeCoal Pty Ltd for failing to comply with a health and safety
duty under the Work Health and Safety Act 2011 (13 August
2019).
More...
Fruit company fined for sliced finger incident
Shepparton company SPC Ardmona Operations Ltd has been
fined $25,000 without conviction after a worker's finger was
partially severed by moving machinery. The fruit processor pleaded
guilty to one charge for failing to ensure guarding prevented
access to a dangerous area of the plant (08 August 2019).
More...
Demolition company fined $75,000 after worker's
fall
Simcat Enterprises Pty Ltd pleaded guilty in the Melbourne
Magistrates' Court on 1 August to one count under the
Occupational Health and Safety Act of failing, so far as
is reasonably practicable, to provide and maintain a working
environment, plant and systems that are safe and without risks to
health (08 August 2019).
More...
Hammering Down on Safety with New Augmented Reality
Construction Safety Guide
NSCA Foundation, Civil Contractors Federation Victoria and
the National Safety Council of Australia (NSCA)
Foundation has released their latest editions of the Augmented
Reality VIC Construction Site Safety Guide, distributed free of
charge throughout Victoria (05 August 2019).
More...
Mt Arthur Coal Mine to fund $1 million of improvements
after safety breach
The NSW Resources Regulator has accepted an Enforceable
Undertaking from Mt Arthur Coal Pty Limited valued at $1,090,750
following its investigation into a serious safety incident at the
Mt Arthur Coal Mine near Muswellbrook in August 2017 (06 August
2019).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 1 August, there have been 83 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
Updating the GHS under the model WHS laws consultation
summary
An online
consultation for the proposal to adopt an updated edition of
the Globally Harmonized System of Classification and Labelling of
Chemicals (GHS) under the model WHS laws was
conducted in July 2019 (14 August 2019).
More...
SafeWork Australia: National Safe Work Month –
campaign kit now available
The campaign kit for this year's National Safe Work
Month campaign is now available. Using the campaign kit, everyone
can support a safety culture at their workplace and promote best
practice work health and safety initiatives (07 August 2019).
More...
Australian Standards
AS 1940:2017/Amdt 1:2019
The storage and handling of flammable and combustible
liquids.
More...
NSW
NSW Resources Regulator: Safety Alerts
SA19-03
Flight bar ejects hitting worker while installing a conveyor
chain
NSW Resources Sector Safety Bulletins – 14 August
2019
SB19-09
Lack of bunding on accessible edges
Queensland
WorkSafe Queensland: Switchboard arc flash burns prompt
urgent safety warning
Following yet another arc flash injury caused by failing
to test a circuit before work started in a switchboard, the
Electrical Safety Office is issuing an urgent callout to electrical
workers. If there is a safety risk associated with working near
energised electrical parts, a written risk assessment should be
conducted to determine the risk level and decide on appropriate
risk control measures (05 August 2019).
More...
WorkSafe Queensland: Worker injured by collapsed
roof
Many of the hazards associated with major demolition works
are relevant for manual demolition as well. To manage the risk of
unexpected collapse, the condition of roofs, walls and floors
should be assessed by a competent person before commencing
demolition work. Risk management must be completed and safe systems
of work in place before starting any demolition work (15 August
2019).
More...
WorkSafe Queensland: Fatal forklift incidents
Forklift operators and pedestrians are at risk of serious
crush injuries caused by falling loads and the forklift
itself.
PCBUs must ensure the provision and maintenance of safe plant.
Effective risk management starts with a commitment to health and
safety from those who operate and manage the business or
undertaking. Higher order risk controls include designing plant to
be without risks to health and safety (08 August 2019).
More...
WorkSafe Queensland: Worker seriously burned in vehicle
gas tank fire
Gas systems are commonly installed in vehicles, trailers
or boats. They are also used in gas cookers and fridges in
caravans, mobile homes and food vans. PCBU's should consider
implementing higher order risk controls when installing, removing,
or decommissioning an LPG gas tank for a motor vehicle. This
includes a safe system of work aligned to requirements of
Australian Standard 2746:2008 'Working areas for gas-fuelled
vehicles' (07 August 2019).
More...
WorkSafe Queensland: How to minimise manual handling
injuries
Risk factors that cause these injuries include repetitive
movement, sustained or awkward postures, high or sudden force,
repetitive or sustained force; long duration and vibration. Use the
Manual tasks risk management worksheet to help guide you
through the
steps of identifying, assessing, controlling and reviewing
potentially risky tasks (06 August 2019).
More...
WorkSafe Queensland: Farmer fatally injured by fallen
hay bale
Bales can be small rectangular, large rectangular or large
round and consist of plant material that has been compressed,
tightly bound or baled together (including wrapped round silage
bales). There are serious health and safety risks working with
bales. A concise risk management process should be completed and
safe systems of work should be in place before any work with hay
bales is started (06 August 2019).
More...
Cases
SafeWork NSW v Spectra Plumbing Pty Ltd
[2019] NSWDC 415
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of serious injury – worker
injured
SENTENCING – mitigating factors – objective seriousness
– general deterrence – no record of previous
convictions – good prospects of rehabilitation – plea
of guilty – assistance to law enforcement authorities –
remorse WORK HEALTH AND SAFETY – lack of employee training
– no documented safe work procedure – risk control
measures available at low cost COSTS – prosecution costs
OTHER – work at heights – plumbing – installation
of copper pipes – high voltage power lines – electric
shock.
Orr v LakeCoal Pty Limited (In
Liquidation) (No. 3) [2019] NSWDC
402
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
– general deterrence – specific deterrence –
appropriate penalty – COSTS - prosecution costs – OTHER
– underground coal mine – collisions between transport
vehicle and roof infrastructure – resulting fracture of
W-strap – driver of transport vehicle injured by damaged
W-strap.
Victorian Prosecution Result Summaries and Enforceable
Undertakings
The Geo Group Australia Pty Ltd Sale Magistrates' Court
Occupational Health and Safety Act 2004
Section23(1) Outcome 08 Aug 2019
A.Alderton Plumbing Services Pty Ltd Moorabbin
Magistrates' Court
Occupational Health and Safety Act 2004
Section21(1) & Regulation 44 Outcome 07 Aug 2019
Atholl Robertson Melbourne Magistrates' Court
Occupational Health and Safety Act 2004
Section125(1)(a) & 125(2) Outcome 07 Aug 2019
CEM International Pty Ltd Broadmeadows Magistrates'
Court
Occupational Health and Safety Act 2004
Section21(1) & 21(2)(a) Outcome 07 Aug 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.