In the media
ALC outlines 10-point work program at
Summit
The Australian Logistics Council (ALC) has
identified key priority areas that will form the basis of its
efforts to improve supply chain safety in the coming year. One of
the core agendas of the event was to discuss the upcoming changes
to Chain of Responsibility (COR) obligations under
the Heavy Vehicle National Law (HVNL), and the
development of a registered industry code of practice
(Master Code) to assist COR compliance (07
September 2017).
More...
Builder convicted and fined $880,000 over death of
apprentice
A Moorabbin building company and its director were yesterday
convicted and fined a total of $880,000 over the death of a
21-year-old apprentice at a Caulfield South construction site in
August 2013 (06 September 2017).
More...
Safety Bureau's reform agenda no
accident
The Australian Transport Safety Bureau (ATSB) will
become more selective in allocating resources and investigating
accidents and serious incidents that offer the greatest potential
for learning safety lessons (05 September 2017).
More...
Cross-border safety program to focus on young
workers
WorkSafe Victoria and SafeWork NSW will focus on young workers when
they team up in Yarrawonga – Mulwala this week as part of
this year's Cross Border Construction Program (04 September
2017).
More...
Electricity Safety Week shines spotlight on electrical
safety in Queensland
Electricity Safety Week (4-8 September) will shine the spotlight
firmly on electrical safety with a host of events tailored
specifically for electrical contractors and workers. Minister for
Industrial Relations Grace Grace said "Recent changes to
regulations mean we can now review the competency of those seeking
a license or looking to renew one," (04 September 2017).
More...
Alarming statistics on drug and alcohol use in mining
and agriculture
Research shows a disturbing trend towards alcohol and drug
consumption before work for people in mining and agriculture (01
September 2017).
More...
Workplace the focus of new mental health
plan
The serious impact of mental health issues in the workplace will be
addressed in a new strategy, being launched today in front of
businesses, academics and non-government organisations
(NGOs) (29 August 2017).
More...
Queensland passes building product safety
laws
The Queensland Government has passed laws to increase
accountability for dangerous building products, including flammable
building cladding. These powers will assist the Government's
Audit Taskforce in its work responding to potentially dangerous
building cladding in Queensland (28 August 2017).
More...
Published – articles, papers, reports
SafeWork Australia Fatality statistics
There has not been an update on the workplace fatalities reported
to the national body since our last edition. As at August 28, 115
had been reported. To check for updates and full figures for 2017,
go to the Safe Work Australia Work-related fatalities
webpage. The latest monthly fatality report published remains
that for April 2017, during which there were 13 work-related
notifiable fatalities. To download the latest report, go to the
Notifiable Fatalities Monthly Report
webpage.
In practice and courts
NHVR: New vehicle modification standards come into
effect 1 Sept
Version 3 of the new Vehicle Standards Bulletin 6: National
Code of Practice for Heavy Vehicle Modifications
(VSB6) will become the new national standard for
the most common modifications made to heavy vehicles, effective on
1 September 2017. From 1 October, all modifications certified by an
AVE must be done in accordance with VSB6 Version 3.
More...
More...
NTC: PBS marketplace review seeks to build on safety and
productivity gains as Australia's freight task
grows
The National Transport Commission (NTC) has
released a discussion paper which presents preliminary findings
of an evaluation of the PBS scheme and possible actions for
improving the efficiency and effectiveness of the scheme.
Submissions in response to this discussion paper will be accepted
until 9 October 2017. More...
More...
NSW
Consultation @ Work Conference
Event | 25/10/2017 - If you are a Health and Safety Representative
(HSR), HSR training provider, an employer or a
worker, you are invited to attend our free Consultation @ Work
Conference. This is the first time SafeWork NSW has held this
conference. Places are limited, so
secure your spot now.
Work Health and Safety Legislation
Work Health and Safety Regulation 2011 was repealed on 1
September and replaced by the
Work Health and Safety Regulation 2017, which comes
into effect on the same day. The changes are outlined
here.
Queensland
WorkCover Queensland: Billboard workers overhead
powerlines electric shock
On 7 August 2017, two workers in an uninsulated elevating work
platform contacted an 11 kV powerline with the six metre aluminium
sail track they were reinstalling on a billboard. Billboard company
operators must ensure that nothing and no-one comes within an
unsafe distance of an overhead powerline. The billboard company
involved in the 2012 fatality was fined $125,000 with costs
totalling nearly $50,000 (05 September 2017).
More...
WorkCover Queensland: Serious falls from height at the
Gold Coast
There have been several recent falls from height at the Gold Coast
which are being investigated by Workplace Health and Safety
Queensland (WHSQ). Protection must be provided if
there is a risk of falling through the roof and work is being done
on the top of the roof. Control measures to prevent injury from
work on fragile roofs are similar to methods used for roof work
more generally, are outlined
here (04 September 2017).
WorkCover Queensland: Wiring Rules update: new
requirements for sleeving of conductors and segregation of
different services
The Australian Standard AS/NZS3000 (the Wiring
Rules) is being updated and due to be published later this
year. It will include some changes to the requirements of sleeving
of conductors and clarification on the segregation of different
electrical installations outlined here (05 September 2017).
More...
Victoria
WorkSafe Victoria: Safety Soapbox
The Safety Soapbox issue was released on 08 September 2017. Read
the list of reported incidents from 18 August to 31 August 2017.
Since the last edition of Safety Soapbox, there have been 49
incidents, serious enough to be reported to WorkSafe, from the
construction, utility, quarrying and mining industries. Access the
latest edition of Safety Soapbox
here.
Fine increased on appeal
A Victorian earthmoving company has been convicted, and the
original magistrate's fine more than quadrupled by a County
Court Judge, in a strong message for other businesses that risk the
safety of employees.
More...
Cases
Australian
Building and Construction Commissioner v Dig It Landscapes Pty Ltd
& Ors [2017]
FCCA 2128
INDUSTRIAL LAW – Penalty hearing – unlawful industrial
action under the Fair Work Act 2009 (Cth) – First,
Third, Fourth and Fifth Respondent admitted contravention –
imposition of appropriate penalty – worst category –
s.354 discrimination.
Lorelle Hillman v NSW Trains
[2017] NSWIRComm 1056
REINSTATEMENT OF INJURED WORKER – rail worker - applicant
terminated on basis that she was unsuitable for the inherent
physical requirements of her former role - medical assessment found
her fit - reinstatement and lost remuneration orders made.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Phil McDonald Plumbing Pty Ltd 159 325 265
25/08/2017
Falls/work at height offences. Occupational Health and Safety
Act 2004 21(1); Ballarat.
Industrial Lining Pty Limited 065 225 096
25/08/2017
Confined spaces; Exposure to chemicals; Failure to conduct a
risk/hazard assessment; Failure to conduct a risk/hazard
identification; Failure to provide a safe system of work; Failure
to provide information, instruction, training or supervision;
Failure to provide a safe workplace. Occupational Health and
Safety Act 2004 21(1)&(2)(e); 21(1); Broadmeadows
Magistrates' Court.
Legislation
Commonwealth
Regulation
Occupational
Health and Safety (Maritime Industry) Amendment (Incident
Notification and Reporting) Regulations
2017
No longer in force - Tabled HR 04 September 2017, Tabled Senate 04
September 2017.
These regulations amend the Occupational Health and Safety
(Maritime Industry) Regulations 1995 to enable the Australian
Maritime Safety Authority (AMSA) to streamline the
incident notification and reporting obligations of maritime
operators. AMSA will be able to specify one form for incident
notification and one form for incident reporting, regardless of the
jurisdiction the incident occurred in.
Queensland
Bills assented
Building and Construction Legislation (Non-conforming Building
Products - Chain of Responsibility and Other Matters) Amendment
Bill 2017
Assent Date: 31/08/2017 Act No: Act No. 29 of 2017 Commences: by
Proclamation. The objective of the Act, assented to on 31 August
2017, is to promote the safety of Queensland's buildings by
introducing duties on supply chain participants for building
products to ensure building products are safe and enabling the
Government, through the administering Minister and Queensland's
building regulator, the Queensland Building and Construction
Commission, to investigate and effectively respond to incidents of
non conforming building products.
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.