In the Media
State's scaffolds under scrutiny
SafeWork inspectors will be visiting construction sites
across NSW to inspect scaffold structures, issuing on-the-spot
fines and stop-work notices for failure to comply with NSW's
safety standards (25 March 2021). More...
Migrants encouraged to learn about their health and
safety rights in Australian workplaces
A new campaign is hoping to assist workers from culturally
diverse backgrounds to better understand their health and safety
rights in the workplace by translating resources into 19 languages
(24 March 2021). More...
An individual was fined $5,000 and ordered to pay $2,000
in compensation for unlicensed gas work resulting in serious injury
to a worker
On 18 March 2021, the defendant pleaded guilty and was
sentenced in the Maroochydore Magistrates Court for carrying out
unlicensed gas work and failing to comply with safety requirements
by leaving an open-ended pipe uncapped. The defendant was also
ordered to pay $2,000 in compensation to the injured worker (24
March 2021). More...
Display of Fair Work official's figurines a
'psychological hazard': Comcare
Scantily clad pop-culture figurines in a senior Fair Work
Commission official's office didn't breach any workplace
health and safety laws, Comcare has found, but their display was
considered to be a "psychological
hazard" (23 March 2021). More...
NSW regulator flags collision communication
concerns
The New South Wales Resources Regulator has determined a
lack of communication is behind a collision between a grader and
haul truck at an open cut mine earlier this month (22 March
2021). More...
Safety bureau probes Carrapateena helicopter crash
The Australian Transport Safety Bureau has revealed that a
helicopter pilot strayed from usual protocol for unknown reasons
before crashing near OZ Minerals' Carrapateena copper-gold mine
in South Australia (19 March 2021). More...
Gold Coast jumping castle business fined $50,000 after
two workers suffered serious burns
At a recent hearing in the Southport Magistrates Court, a
Gold Coast jumping castle business was fined $50,000 for failing to
comply with its primary health and safety duty, exposing workers to
a risk of serious injury or death (19 March 2021). More...
Victorian trainer charged over track rider's
death
O'Brien Thoroughbreds has been charged with a single alleged
breach of section 21(1) and section 21(2)(a) of the Occupational
Health and Safety Act for failing, as far as reasonably
practicable, to provide a system of work that was safe and without
risks to health (19 March 2021). More...
Are we relaxing COVID measures at work too soon?
Employees' biggest concern is whether their companies
are doing enough to safeguard them against COVID-19 infections at
work: 61% are afraid management will relax health and safety
measures too soon, research from workplace tech firm Envoy found
(18 March 2021). More...
Make workplace safety a life saver in 2021
WorkSafe is calling on all Victorians to prioritise health
and safety in the workplace following the tragic deaths of 65
workers in 2020. The most dangerous occupation was truck driving
following the deaths of nine workers in 2020, a decrease from 13 in
the year before (16 March 2021). More...
Defence fined over safety failures at RAAF base
The Department of Defence has been convicted and fined
$350,000 under federal work health and safety laws after a worker
was critically injured during a maintenance operation in Queensland
(15 March 2021). More...
WHS charges over detention centre death
The Department of Home Affairs and its healthcare provider
International Health and Medical Services have been charged with
breaching Commonwealth work health and safety laws over the death
of a man in immigration detention (15 March 2021). More...
Published - articles, papers, reports
Statement of Regulatory Intent - COVID-19
Safe Work Australia: Publication date 1 Apr 2020; Modified
date 17 March 2021
This Statement provides the principles for the regulatory approach
that Work Health and Safety (WHS) Regulators can take to ensure
compliance with WHS laws during the COVID-19 pandemic. More...
Safe Work Australia fatality statistics
As at 18 March, 23 Australian workers were killed at work
in 2021.
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
Standards
Safe Work Australia: WHS duties and COVID-19 vaccines -
small business fact sheet
A new fact sheet for small business about work health and
safety (WHS) duties and COVID-19 vaccines is now
available. Go to the 5 things to know about your WHS duties and
COVID-19 vaccines fact sheet (22 March 2021). More...
Safe Work Australia: COVID-19 statement of Regulatory
Intent
WHS Regulators have revised the statement on their
approach to WHS compliance during the COVID-19 pandemic. The
statement now includes information on the COVID-19 vaccine as an
additional control measure that employers should consult their
workers about to manage COVID-19 workplace risks (18 March 2021).
More...
NSW
SafeWork NSW Statement of Regulatory Intent - Regulatory
approach to NSW work health and safety legislation -
COVID-19
This statement sets out the enforcement approach that SafeWork NSW
will take to ensure compliance with the Work
Health and Safety Act 2011 and the
Work Health and Safety Regulation 2017 in response to the
COVID-19 pandemic. For more information please refer to coronavirus advice and guidance for NSW
workplaces or nsw.gov.au (25 March 2021). More...
Gig economy roles and responsibilities in WHS: Research
update
The Centre for Work Health and Safety's research into
the food delivery in the gig economy is currently underway.
Phases 1 and 2 have been completed.
Phase 1 full report Work health and safety of food delivery workers in
the gig economy
Phase 2 full report: Work health and safety perceptions of food
delivery platforms in the gig economy
New research will establish a better understanding of the
WHS perceptions and behaviours in the Australian gig economy
context by focusing on food delivery services Project
commenced: February 2020. Project completion: October 2021.
More...
Mine safety news
Mine Safety News is an online newsletter regularly
published by the NSW Resources Regulator designed to inform,
educate and promote the enhancement of the health and safety
culture of NSW mining.
18/03/2021 - Mine Safety News
Queensland
WorkSafe Qld: COVID-19 vaccines and your workplace
health and safety obligations
The national rollout of COVID-19 vaccines is a timely
reminder for employers to review their workplace health and safety
obligations. In late February 2021, the Australian Government
updated its guidance for employers and workers regarding the
COVID-19 vaccine (March 2021). More...
WorkSafe Qld: Review of
the Electrical Safety Act 2002
The review of the Act was a recommendation of the 2020
report Improving Electrical Safety in Queensland: A
Report by the Commissioner for Electrical Safety
You can now provide feedback on the review. We want to hear your
views on a range of issues and questions outlined in the issue
paper document. Review of Electrical Safety Act 2002, Issue Paper
2021. Submissions close 18 April 2021. More...
WorkSafe Qld: Changes to asbestos regulation
From 1 May 2021, low density asbestos fibre board
(LDB), also known as asbestos insulating board,
will be classified as a friable material in all circumstances. This
means LDB can only legally be removed by a class A asbestos removal
licence holder. If you're a class B asbestos removal licence
holder and want to be able to remove LDB after 1 May 2021, you will
need to apply to Workplace Health and Safety Queensland
for a class A asbestos removal licence. More...
Victoria
WorkSafe Victoria HSR newsletter
WorkSafe has this week issued its latest edition of
the HSR newsletter (24 March 2021).
In it WorkSafe provides advice on: Returning to work (after the
COVID working from home measures).
Infection Prevention and Control training for Disability Service
Provider Workers; The role of the HSR vs the OHS Committee; Support
Officers; WorkWell: WorkSafe's Workplace Mental Health Guide
for COVID-19.
WorkSafe Victoria issues Safety Alert after
fatality
The VWA has issued the alert to highlight the dangers
of overhanging items in storage racking, following the death of an
employee in March 2021. In the event that a forklift strikes
overhanging items, the items could become dislodged or unstable,
putting employees at risk of serious or fatal injuries due to
falling items. The Safety Alert, Employee dies after overhanging items fall from
storage racking, sets out recommended ways to control the
risks, and reminds employers of their legal duties (24 March
2021).
ESV to introduce Continuing Professional
Development
Energy Safe Victoria is introducing Continuing
Professional Development (CPD) to maintain safety,
competency and compliance in the electrical industry. The CPD
training will roll out in stages and will be a mandatory
requirement for electrical licence renewals from 2023 (22 March
2021). More...
Cases
SafeWork NSW v CCP Remedial Pty
Ltd [2021] NSWDC
86
CRIME - work health and safety - risk of death or serious
injury - duty of person undertaking business PROCEDURAL -
reasonable practicability - likelihood of risk - knowledge of the
risk - what the defendant ought reasonably have known OTHER - fall
from height in unprotected void - risk of the dangers posed by the
void were known - failure to adequately implement work health and
safety management system plan - inadequate fall protection.
Prosecution Result Summaries and
Enforceable Undertakings
Information about the most recent prosecution and
Enforceable Undertaking outcomes
Victoria Ductwork and Sheetmetal Pty Ltd Dandenong
Magistrates' Court
Occupational Health and Safety Act 2004 Section21(1); 21(2)(a);
21(2)(e) & 23 Outcome18 March 2021
Global Freight and Logistics (Aust) Pty Ltd Werribee
Magistrates' Court
Occupational Health and Safety Act 2004 Section21(1) & 21(2)(a)
Outcome18 March 2021
Legislation
Bills
Industrial Chemicals Environmental
Management (Register) Charge (Excise) Bill
2020
Finally passed both Houses on 18 Mar 2021 - Part of a
package of five bills to establish a national framework to manage
the ongoing use, handling and disposal of industrial chemicals, the
bill imposes an annual scheduling charge on registered introducers
of industrial chemicals, so far as that charge is a duty of
excise.
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.