In the media
Not using golf cart safely around school kids ends in
disaster and hefty fine
A not for profit organisation in Brisbane has been fined
$100,000 after a golf cart incident left a young child seriously
injured. This follows an investigation by Workplace Health and
Safety Queensland and subsequent legal proceedings in the Pine
Rivers Magistrates Court (05 November 2020). More...
$16,000 in fines for dodgy demolition of house with
asbestos containing material
At a recent hearing in the Toowoomba Magistrates Court, a
company and its two directors were fined $16,000 for not properly
demolishing a house which had asbestos containing material (04
November 2020). More...
Meat processing company fined after worker falls into
tripe washing vat
Australia's largest meat processing company is fined
when an employee is left with second and third degree burns after
falling into a tripe washing vat in 2016 (03 November 2020).
More...
Cowal mine fall blamed on removed guard rails
The New South Wales Resources Regulator has found that an
accident at the Cowal gold mine in 2018 was caused by an attempt to
access a scissor lift with removed guard rails (02 November 2020).
More...
Victorian fatality toll continues rise after three
separate incidents
Recent Victorian worker deaths - including two within the
space of three days - have brought the state's fatality toll to
60 for 2020, four more than at the same time last year (02 November
2020). More...
Research into future of work begins
To help prepare for workplace
issues of the future, the NSW Government has selected four research
partners to explore key emerging risks in health and safety. The
winners will be allocated $660,000 to conduct this important
research project (28 October 2020). More...
Published - articles, papers, reports
Health monitoring for persons conducting a business or
undertaking guide
Safe Work Australia: 25 October 2020. More...
Health monitoring when you work with hazardous chemicals
guide
Safe Work Australia: 26 October 2020
If you are a worker who works with hazardous chemicals, this guide
is for you. It explains what you and your person conducting a
business or undertaking must do to monitor your health and keep you
as safe as possible. More...
Safe Work Australia Fatality statistics
As at 22 October, there have been 131 Australian workers
killed at work in 2020. 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
NSW
Centre for WHS Mentally Healthy Workplaces
The researchers will?enable businesses and workers to
improve their capability to create mentally healthy workplaces, and
effectively manage mental health risks and hazards.
This project is currently open for tender. Find out more here. Tender opens: 12
October 2020. More...
SafeWork NSW: General diving work - qualifications
The newly issued an exemption for the general diving work
qualifications requirements of clause 171(1) of the Work Health and
Safety Regulation 2017. This exemption is granted until 31
December 2022. People who are qualified under AS 4005.2 - 2000 will
need to complete three additional units of competency by 31
December 2022 to be legally qualified to undertake general diving
work in NSW. Read the exemption.
Queensland
WorkSafe Qld: Serious injuries following fall from
yacht
In August 2020, a worker suffered serious injuries after
falling approximately 2.5 metres from the rear of a large yacht
docked on a hardstand at a marine maintenance facility (26 October
2020). More...
WorkSafe Qld: Beware of deteriorated wiring and
cabling in older electrical installations
Electrical installations wired prior to 1960 are likely to
contain cable insulation known as VIR (vulcanised Indian rubber) or
TRS (tough rubber sheathed) which is now coming to the end of its
service life (05 November 2020). More...
Wire Rope Management | Business
Queensland
04 November 2020 |
Petroleum and gas safety information
bulletin 13
Information Bulletin No. 13 regarding Wire Rope
Management. Key learnings and recommendations.
Subject Equipment failure or modifications; Falling material or
objects.
Persons' appropriateness for access to
explosives | Business Queensland
02 November 2020
| Explosives information bulletin 41
This Information Bulletin is to inform any person who employs the
services of another, who may have access to explosives, that they
have a duty under Section 33 of the Explosives Act 1999 to ensure
that the person having access to those
explosives. Subject Explosives;
Explosives theft or misuse.
Victoria
ESV: Licensing lineworkers and CPD for electrical
workers
ESV will license lineworkers from 1 January 2021. As part
of the development of the new licensing regime, ESV has released a
regulatory impact statement (RIS) and the associated regulations
for consultation.
Read more and download both documents.
Information on
making a submission as part of the consultation process on
either licensing or CPD, may be found here. We will be accepting submissions until
September 25.
Cases
R v EK Fabrication Pty Limited; R v
Rafayel El-Khoury [2020] NSWDC
679
CRIME - prosecution - work, health and safety - duty of
persons undertaking business - duty of employers - risk of death or
serious injury - worker injured FINES - capacity of defendant to
pay fines - defendant to demonstrate incapacity SENTENCING -
discount for utility of the plea - remorse - contrition.
SafeWork NSW v JBS Australia Pty
Limited [2020] NSWDC
678
CRIME - prosecution - work, health and safety - duty of
persons undertaking business - duty of employers - risk of death or
serious injury - worker injured SENTENCING - general and specific
deterrence - deduction for the utility of the plea - appropriate
penalty - remorse - contrition.
SafeWork NSW v McConnell Dowell
Constructors (Aust) Pty Limited (No. 2)
[2020] NSWDC 668
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 - Unrestrained steel headstock fell
on rigger working on a barge - no adequate risk assessment for
landing headstocks on barge and working upon them - deck space not
cleared to lay headstocks down - no visual inspection of barge
despite contractual inspection obligation on defendant.
Legislation
NSW
Bills assented to
Work Health and Safety Amendment (Information Exchange)
Act 2020 No 34 - Assented to 27 October 2020
For the full text of Bills, and details on the passage of Bills,
see Bills.
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.