In the Media
Speaking up against workplace violence
The Andrews Labor Government is backing a WorkSafe
campaign reminding Victorians that work-related violence and
aggression is never ok, and ensuring employers are aware of their
occupational health and safety obligations (23 September 2021).
More...
Free WHS safety advice for farming businesses
The NSW Government and NSW Farmers have launched a
workplace safety program providing education and advice to the
agriculture industry to help reduce farm-related death, injury and
disease (23 September 2021). More...
Creating a new digital tool to help manage 'AI'
WHS risks
The NSW Government's Centre for Work Health and Safety
is developing a digital Artificial Intelligence
(AI) Risk Management Tool to help businesses
manage workplace health and safety risks when introducing and using
the technology (23 September 2021). More...
WA and Qld mine accidents under investigation
The Queensland Mines Inspectorate and Resources and Safety
Queensland are investigating Gregory Crinum coal mine in central
Queensland following an incident involving two underground miners
(20 September 2021). More...
Fatal six-metre trench fall lands company $360,000
fine
An excavation company has been fined $360,000 over the
2018 death of a worker who fell six metres into a trench at a
Wallan housing development site in Victoria (20 September 2021).
More...
Laws: Victoria bridges labour hire worker protection
gap
The Victorian Parliament has passed new laws to ensure
labour hire workers have the same level of protections as other
workers and enforce employer accountability (20 September 2021).
More...
NSW Resources Regulator to investigate conveyor
incident
The New South Wales Resources Regulator has encouraged
mine operators to ensure risks associated with the use of conveyor
systems are eliminated wherever possible after a worker was injured
after falling in a conveyor chute at Thuddungra Mine (20 September
2021). More...
Hazard 2020 safety campaign update highlights ongoing
problems with scaffolding and mobile cranes
The Federal Safety Commissioner's Hazard 2020 Campaign
Update, published, demonstrates good safety improvements with
regard to mobile plant generally, but raises concerns with the way
building companies manage scaffolding and mobile cranes (17
September 2021). More...
Care worker fined $15,000 over pain and injury to
vulnerable patient
A Bundaberg residential care worker has been fined $15,000
over a workplace safety incident in which a high needs patient was
left in extreme pain after falling out of bed, under the Work
Health and Safety Act 2011 (16 September 2021). More...
Comcare investigators denounce FedEx Covid response:
TWU
An investigation by the national work health and safety
regulator Comcare criticised FedEx over its response to a worker at
the Matraville, New South Wales depot who tested positive in
August, according to the union (14 September 2021). More...
CFMMEU and official hit with more than $50,000 in
penalties following "reckless and conceited" conduct at
Monash Freeway site
The Federal Court has penalised the CFMMEU and its
official, James Simpson, $54,540 for contravening right of entry
and occupational health and safety requirements at the $220 million
Monash Freeway upgrade project in 2017 (14 September 2021).
More...
Compliance blitz across Victoria
To slow the spread of coronavirus and protect the
Victorian health system, a four-week blitz will be carried out by
the Government's Industry Enforcement and Engagement Operation,
in partnership with Worksafe and the Victorian Building Authority,
to ensure the sector remains open and COVIDSafe (13 September
2021). More...
Published - articles, papers, reports
Safe Work Australia fatality statistics
As at 16 September, 84 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
COMCARE Regulatory update - removal of a plant
registration condition
In accordance with regulation 283 of the Work Health and
Safety Regulations 2011, Comcare has considered the submissions
received and has decided to cease the condition to submit annual
plant maintenance notifications to Comcare from 1 October
2021.
Comcare has developed a factsheet about the condition removal
with further details around plant risk factors, legal requirements,
reasons for the change and next steps. More...
Safe Work Australia: New guide on managing the risks of
elevating work
platforms (EWPs)
The guide steps persons conducting a business or undertaking
through the process of identifying the hazards associated with EWPs
in their workplace and how to do all that is reasonably practicable
to manage the risks to health and safety. Download the guide
to Managing the risks of elevating work
platforms (14 September 2021). More...
Asbestos safety and eradication agency
Updated asbestos awareness brochures for fire protection
trades, and the automotive industry and historic car enthusiasts
(17 September 2021). More...
NSW
Incidents, alerts & investigations
2 September 2021 - Safety Bulletin SB21-05 - fire risk of
battery units for underground battery electric vehicles. More...
Mine Safety news
16/09/2021 - Mine Safety News
Queensland
Fatality resulting from a fall of ground at an
underground coal mine | Resources Safety & Health
Queensland
21 September 2021 | 396
A Coal Mine Worker was fatally injured on 14 September 2021 while
conducting work in a conveyor drift with two other workers, one of
whom was seriously injured, Falling material or objects; Inadequate
systems or responses; Loss of containment; Strata failure. More...
Victoria
WorkSafe Victoria safety alert: Side-by-side farm
vehicles: Don't ignore the seatbelts
WorkSafe is reminding agricultural employers of their
duties in relation to using seatbelts in side-by-side vehicles (23
September 2021). More...
Safety Soapbox September 2021
Published 15 September 2021 - In this editorial, we look
at the current Prevention of Falls Focus Campaign which commenced
on 24 August 2021. More...
Cases
DPP v Crowley Excavation Pty
Ltd [2021] VCC 1332
CRIMINAL LAW - Occupational Health and Safety Act 2004 - early plea
of guilty - WorkCover - failure to ensure safe workplace - fall
from height - fatality - wictim Impact Statement - serious -
culpability - remorse - rehabilitation - DPP v Paul
Kenneally & Entire Shopfitting Pty Ltd [2019] VCC 658
- DPP v W.F Montague Pty Ltd [2018] VCC 1553
- Worboyes v The Queen [2021] VSCA 169 -
rerceptible amelioration - fine of $360,000.
DPP v St Vincent's Care Services
LTD [2021] VCC 1315
CRIMINAL LAW - sentence after trial by judge alone without a jury -
offender operator of aged care facility - failure to ensure
non-employees (residents) were not exposed to risk to health and
safety - risk to residents leaving facility without offender's
knowledge - requiring residents to 'sign out/sign in' as a
reasonably practicable measure to eliminate risk - isolated failure
- previous excellent character - positive attitude of victims
towards offender - prompt and appropriate steps taken to eliminate
risk - non-conviction fine appropriate.
Prosecution Result Summaries and
Enforceable Undertakings
Information about the most recent prosecution and Enforceable
Undertaking outcomes
Swan Hill and Region Packing Pty Ltd
Swan Hill Magistrates' Court - Occupational Health and
Safety Act 2004 Section21(1) & 21(2)(a)
Outcome16 Sep 2021.
Cedar Meats Pty. Limited
Melbourne Magistrates' Court - Occupational Health and
Safety Act 2004
Section21(1) & 21(2)(a) Outcome 13 Sep 2021.
Legislation
Victoria
Acts
Date of assent: 21 September 2021
Occupational Health and Safety and Other
Legislation Amendment Act 2021 (Vic)
Act Number: 36/2021
Date of commencement: 22 September 2021
Occupational Health and Safety and Other
Legislation Amendment Act 2021 (Vic)
Part 1, sections 6, 7, 9, 10, 12, 13, Parts 4 to 7 of this Act came
in by forced commencement on 22 September 2021 s.2(1) Act Number:
36/2021
Victorian legislation can be accessed here.
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.