In the media
WorkSafe's failure to prosecute over power station
death undermines confidence in safety: CFMEU
CFMEU Mining & Energy
WorkSafe Victoria's decision not to prosecute over the
death of Graeme Edwards at EnergyAustralia's Yallourn power
station two years ago is a denial of justice for Graeme and a blow
to workers' confidence in the safety laws meant to protect
them, CFMEU Mining and Energy said (19 November 2020).
More...
ACT police threatened with fines over state of traffic
offices
The Australian Federal Police is issued an improvement
notice to fix building defects the work safety watchdog says
endanger traffic officer's health and safety (18 November
2020).
More...
Record investment in safe workplaces
Record funding will be invested into enhancing safety and
well-being in NSW workplaces, improving the physical and mental
health of all workers in the state as part of the 2020-21 NSW
Budget. The Budget will also continue funding the Centre for Work
Health and Safety, which provides research on innovative methods to
improve awareness and mitigation of workplace health and safety
risks (18 November 2020).
More...
Supporting farmer safety across the state
The NSW Government has announced $3.3 million in funding
to support safety on NSW farms.
Minister for Better Regulation and Innovation, said that farms
continue to be one of NSW's most dangerous workplaces and this
funding will be used both to educate those in the agriculture
sector and reduce high risk activities (18 November 2020).
More...
Firefighters compo expanded
The national government has agreed to all the
recommendations of a review of workers compensation arrangements
for firefighters employed under the Safety, Rehabilitation and
Compensation Act 1988. See the Review of the Firefighter Provisions
of the Safety, Rehabilitation and Compensation Act 1988 can be
accessed
here (16 November 2020).
More...
National snapshot: COVID-19-related workers compensation
claims
Safe Work Australia has released a snapshot of
COVID-19-related workers compensation claims up to 31 July 2020
that offers insight into areas such as mental health (16 November
2020).
More...
SIRA seeks feedback on COVID cost-sharing proposal
The NSW State Insurance Regulatory Authority
(SIRA) is seeking feedback on plans to spread
COVID-19 workers' compensation costs across the state scheme
amid concerns that they may become significant if claims volumes
are high (16 November 2020).
More...
Note: SIRA is seeking feedback on the consultation paper on the
proposal by December 18. More details are available
here.
icare 'working to address' NIBA's broker
letter concerns
NSW state insurer icare says it is seeking to address
concerns raised by the National Insurance Brokers Association
(NIBA) over changes to letters of appointment used
in the workers' compensation scheme.
NIBA says the letters, which confirm an employer has appointed a
broker as their authorised delegate, have introduced requirements
that are too broad (16 November 2020).
More...
Recent asbestos-related fines highlight awareness
importance
23–29 November is National Asbestos Awareness Week
2020; two recent Queensland asbestos-related removal and licensing
prosecutions highlight its importance (11 November 2020).
More...
Royal Commission publishes report into natural
disasters
Following the 2019–20 bushfires, the Royal
Commission into National Natural Disaster Arrangements has
published a 1000-page report with 80 recommendations (11 November
2020).
More...
Silica detector to protect NSW workers from dust
diseases
The NSW Government is trialling a real-time silica
detector that monitors silica dust levels in the air, to protect
NSW workers from contracting dust diseases (11 November 2020).
More...
$150K fine follows machine crushing death of worker in
2017
A North Queensland company has been fined $150,000 for a
2017 incident in which a worker was crushed to death while trying
to fix a cane haul-out vehicle (11 November 2020).
More...
SIRA proposes cost-sharing mechanism for COVID-19
workers' compensation claims
New South Wales' statutory insurance regulator has
launched a consultation around a proposed cost-sharing mechanism
for COVID-19 workers' compensation claims (11 November 2020).
More...
Gig economy at the heart of new project
Implementing practical measures to improve workplace
health and safety for gig economy workers is at the centre of a new
research driven project by the NSW Government (10 November 2020).
More...
World first real-time silica detector helps clear the
air
The NSW Government has launched a trial of world-first
technology to accurately monitor silica dust levels in the air that
has the potential to protect NSW's workers from contracting the
deadly lung disease silicosis (10 November 2020).
More...
Opportunity for small and regional unaccredited builders
to have their say about the WHS accreditation scheme
The FSC is committed to a safer Australian building and
construction industry. Small to medium sized construction
companies, and regional construction companies are an important
part of the FSC's Work Health and Safety Accreditation Scheme
(the Scheme), with 75 per cent of Scheme accredited companies being
classified as small or medium in size and 40 per cent of OFSC
audits being conducted in regional areas in the last three years
(09 November 2020).
More...
NSW regulator brings hazardous chemicals under
fire
The New South Wales Resources Regulator is working with
mine operators to better manage chemical risks on sites under new
work health and safety laws (09 November 2020).
More...
New campaign to reduce risky electrical work
Ensuring electricians are operating safely will form a
vital part of a new NSW Government compliance campaign targeting
electrical safety issues on construction sites. For the rest of
2020, Safework NSW inspectors will be conducting drop-in
inspections across a range of sites to check they have the right
controls in place to manage electrical risks (09 November 2020).
More...
COVID-19 update – OFSC resuming victorian
audits
The Victorian Premier, Daniel Andrews, has announced an
easing of restrictions across Victoria, with the latest of those
due to commence from 8 November 2020. From this time, Victorians
are able to undertake intrastate travel, with no restriction on the
number of workers on building sites, the number of sites attended,
or any requirement for a permit to travel for work.
More...
WorkSafe will examine Ambulance Victoria bullying and
harassment
WorkSafe Victoria will examine if employees of Ambulance
Victoria are at risk after widespread claims of bullying, sexual
harassment and abuse within the service. Professionals Australia
and the Victorian Ambulance Union have called on the state's
health and safety regulator to pursue claims of "bullying and
harassment of staff by senior managers" (08 November 2020).
More...
Published – articles, papers, reports
Review of the Firefighter Provisions of the Safety,
Rehabilitation and Compensation Act 1988
Attorney-Generals' Department: November 2020.
The purpose of this review (the review)was to examine the
scientific evidence to determine if additional diseases should be
included on the list of prescribed diseases, whether the qualifying
periods remain appropriate or should be reduced and if the
firefighter provisions should be extended to include volunteer
firefighters.
More...
Model WHS Act cross-comparison table
Safe Work Australia: 09 November 2020.
The model WHS Act cross-comparison table summarises the
similarities and differences between the model WHS Act and the WHS
Acts of the jurisdictions that have adopted the model WHS Act.
More...
Safe Work Australia fatality statistics
As at 5 November, there have been 140 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
Comcare: Emerging evidence alerts
An alert highlighting the latest research on the health
benefits of work, recovery at work, return to work, and work health
and safety issues.
More...
GHS 7 transition – updates to the model WHS
Regulations amendment
Safe Work Australia has updated the
model Work Health and Safety Regulations (Hazardous Chemicals)
Amendment 2020 and
explanatory statement for the transition to GHS 7.
Australia will begin a two-year transition to GHS 7
from 1 January 2021. The versions published on 5 November 2020
should be used in place of the original published on 28 August 2020
in all cases. These updated amendments will be inserted into the
model WHS Regulations from 1 January 2021.
More...
Safe Work Australia: Guidance to help businesses
navigate the transition to GHS 7.
Australia will begin a two-year transition to the Globally
Harmonized System of Classification and Labelling of Chemicals
Revision 7 (GHS 7) on 1 January 2021. Safe Work
Australia has published a dedicated GHS 7
web page and suite of information sheets. These information sheets
provide details about classification and labelling requirements for
workplace hazardous chemicals, and the duties of manufacturers,
importers, suppliers and end users. More...
Product Safety: Make sure your quad bikes meet the new
safety standard
If you sell quad bikes in Australia, you will soon need to
make sure your quad bikes meet certain requirements of the US or EU
quad bike standards and have additional information on them to
comply with the new
safety standard. Reminder:
Operator protection devices and minimum stability requirements
will be mandatory from October 2021.
More...
NTC: Australian Code for the Transport of Dangerous
Goods by Road and Rail (Edition 7.7)
The Code can be used from 1 October 2020 and is compulsory from 1
October 2021. Until then, either the Code edition 7.6 or the
Code edition 7.7 can be used. The Code is an important
technical resource to help Australia's transport and logistics
industry to operate safely when carrying dangerous goods.
More...
Asbestos Awareness Week November 23 – 29
2020
If a building (workplaces, offices, hospitals, homes, etc)
was built or renovated prior to 1990, there is a good chance it has
some asbestos. The theme for 2020 is 'Asbestos lurks in more
places than you'd think' and will be supplemented with the
sub-theme 'before you start, be aware'. A
campaign pack has been developed which provides a range of
template materials, social tiles and graphics for organisations and
individuals to use.
NSW
WCC: On Appeal Issue 11: November 2020
18 November 2020 - Issue 11 – 2020 is a summary of
October 2020 Presidential and Court of Appeal decisions.
More...
WCC: Legal Bulletin No. 70 - 13 November 2020
13 November 2020 -
Legal bulletin No.70 issued 13 November 2020 is now
available
WCC: Towards the PIC - Edition 5 November 2020
12 Nov 2020 - Towards the PIC Edition 5 - November 2020
has been released. This edition includes details on: - Reference
Groups Established for Ongoing Stakeholder Engagement - Speaking
Engagements with the Legal Profession - New Frequently Asked
Questions.
More...
Centre for WHS: Real-time silica detection –
commencing December 2020
The research will identify existing technology or create
new technology that can be used in the design and build of a RCS
detection device. Phase two will now focus on expediting the larger
monitor to market: Commercialisation of fixed and transportable
unit Completion date: December 2021: Delivery
of a market ready, transportable real time RCS detection unit and
accessories. See more
here,
here and here.
Centre for WHS: The ageing demographic of the Australian
workforce: Prevention of work health and safety harm
The Centre for WHS is interested in research that will
provide greater understanding of how to prevent psychological and
physical harm among older worker.
Applications for the EOI close 28 Janurary 2021.
More...
SIRA consultation: Regulatory requirements for workplace
rehabilitation service provision in NSW personal injury
schemes
This consultation is seeking input from stakeholders on
the NSW policy and framework underpinning the approval, engagement
and performance of workplace rehabilitation providers. Consultation
period: 08/10/2020 9 to 20/11/2020.
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.
NSW resources regulator: Four mining compliance
priorities
The Resources Regulator has published its
July - December 2020 Compliance priorities document which sets
out the key compliance priorities for the next six months.
Publishing this document serves to increase transparency, community
and industry confidence in regulatory activities and increase
levels of voluntary compliance.
Between July and December this year the Regulator aims to complete
four compliance priorities targeting: Respirable dust (revision to
the exposure standards); Progressive rehabilitation; Subsidence
management and Non-reporting of incidents.
icare extends current arrangements with providers
Deeds with workplace rehabilitation, medico-legal and
investigation providers to deliver services to icare Workers
Insurance will be extended to 30 June 2021.
More...
Queensland
WorkSafe Qld: Worker injured in side-by-side vehicle
rollover
In September 2020, a worker was seriously injured when the
side-by-side vehicle he was using at an industrial workplace
overturned. Operating side-by-side vehicles can pose a number of
risks to drivers and passengers (18 November 2020).
More...
WorkSafe Qld: Mobile concrete placing boom
stability
The purpose of this safety alert is to highlight the need
to follow the manufacturer's operating instructions, provide
safety guidance for workers, owners and employers (17 November
2020).
More...
WorkSafe Qld: Dead trees and working solo remotely are a
dangerous mix
The person conducting the business or undertaking must
manage risks associated with vegetation burns. Risk management
starts with a commitment to health and safety from those who manage
the business. Managing work health and safety risks is an ongoing
process and involves four steps (13 November 2020).
More...
WorkSafe Qld: Worker seriously injured after fall from
roof
The worker was employed by a contractor engaged to replace
roof sheeting. In managing the risk of falls, the WHS Regulation
requires specific control measures to be implemented, where it is
reasonably practicable to do so (12 November 2020).
More...
WorkSafe Qld: Worker injured after angle grinder
'kick back'
Work health and Safety (WHS) legislation
imposes duties on designers, manufacturers, importers and suppliers
to ensure plant such as multi-cutters and angle grinders are, so
far as is reasonably practicable, without risk to health and
safety. Managing WHS risks is an ongoing process. Risk management
involves four steps (09 November 2020).
More...
Excavator access ladder causes foot injury | Business
Queensland
06 November 2020 | Document number: 382
Coal Mine Worker's foot trapped in Excavator Access
Ladder
Industry: Coal mines, Metalliferous mines
Subject Equipment failure or modifications, Infrastructure failure
or damage, Plant failure or damage.
More...
Victoria
WorkSafe Victoria publications
Safety Soapbox November 2020 – 18 November 2020
Independent review of Dangerous Goods Act and
Regulations: Submissions sought
The Review is considering contemporary issues and
challenges in the management of dangerous goods including emerging
risks and issues and their impact on the safety of people and
property. The Terms of Reference, the Consultation Paper and the
list of questions can be downloaded from
this page of the Engage Victoria website. The closing date for
submissions is 30 November, 2020.
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 and the associated regulations for
consultation.
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.
ESV: New standards for LPG cylinder valves and AS/NZS
5601
On 1 October 2020, Standards Australia published updated
gasfitting standards compromising of:
Amendment 4 to AS/NZS 5601.1 Gas Installations – Part 1:
General installations (AS/NZS 5601.1), and
Revision of AS/NZS 5601.2 Gas Installations – Part 2: LP Gas
installations in caravans and boats for non-propulsive purposes
(AS/NZS 5601.2). ESV and the VBA are hosting free webinars from 17
November to 1 December covering the above changes (11 November
2020).
More...
Cases
DJVD and Comcare (Compensation)
[2020] AATA 4614
COMPENSATION – determination to cease liability
for compensation under Safety, Rehabilitation and Compensation Act
1988 (Cth) – whether applicant continues to suffer the
effects of the compensable injuries – injury affecting
cervical spine – major depressive disorder – whether
applicant's physical symptoms a result of underlying
degenerative change – whether applicant's psychiatric
condition continues to be contributed to, to a significant degree,
by her employment – decision under review set aside and
substituted.
Safety, Rehabilitation and Compensation Act 1988 (Cth).
The Executor of the Estate of the Late DMLC and Military
Rehabilitation and Compensation Commission
(Compensation) [2020] AATA
4588
COMPENSATION – compensation for injuries
resulting in death – prescribed child – meaning of
receiving full-time education – significance of formal
education status – where Ms A has a medical condition which
prevents enrollment in a full-time course load – where Ms A
enrolled in only subject in the relevant period – history of
Ms A's engagement in course work – where Ms A engaged in
full-time education within the limitations of her medical condition
– where Ms A engaged in no other activities than her
education – decision set aside and remitted.
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988 (Cth) ss 4, 17.
Gauld v Woodall-Duckham Ltd & Ors
[2020] NSWDDT 10
PROCEDURE - case arising out of asbestos exposure during
employment many decades ago - stale statement of claim - whether
court should exercise its power to extend time for service - legal
representatives experienced difficulty in ascertaining the relevant
workers compensation insurer due to passage of time - no deliberate
decision by plaintiff or legal representatives to delay service of
originating process - whether there would be prejudice to the
estate of the deceased plaintiff if the extension of time is not
granted - whether there would be prejudice to the defendant if
application is granted.
Bauer Media Pty Ltd v Khedrlarian
[2020] NSWCA 288
TORTS — negligence — breach of duty —
provision of safe system of work — precautions against
workplace injury — adequacy of particularisation of
precautions — evidence of whether precautions would obviate
risk.
SafeWork NSW v ll Pastaio Pty Ltd
[2020] NSWDC 677
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 – plea
of guilty – general deterrence – specific deterrence
– capacity to pay appropriate penalty COSTS –
prosecution costs OTHER – worker's arm entangled in
moving parts of mixing machine – safety interlock
deliberately bypassed – failure to use appropriate guarding
and safety mechanisms – absence of adequate risk assessment
– failure to review and consult relevant machine operation
manuals – failure to provide sufficient information,
instruction and training to workers on machinery and safety guards
– absence of adequate supervision.
Jerak v Dr Lazarus & Ors [2020]
VSC 729
JUDICIAL REVIEW – workers compensation –
medical panel – 0 per cent whole person impairment assessed
by the panel – Dr Lazarus member of panel and previously
engaged to examine the plaintiff – breach of s 537(8) of
Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) due
to failure to preserve impartiality and independence – breach
of s 537(8) is not cured by s 540 – jurisdictional error
– opinion set aside – remitted to differently
constituted panel – Project Blue Sky Inc v Australian
Broadcasting Authority (1998) 194 CLR 355 – Wingfoot
Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 252
CLR 480 – Masters v McCubbery & Others [1995]
VICSC 209; [1996] 1 VR 635 – Ryan v The Grange at Wadonga
Pty Ltd & Ors [2015] VSCA 17 – WIRC Act s 56, 311,
312, 537, 540 – Accident Compensation (General Amendment) Act
(No 64 ) 1989 – Accident Compensation (Workcover) Act (No 67)
1992 s 63(5).
PROCEDURAL FAIRNESS - application of AMA guides – Chapter 2
& 8 – no failure to resolve disparity as to underlying
cause of eye injury – medical panel acted in accordance with
the guides and its obligation of procedural fairness – HJ
Heinz & Anor v Kotzman & Ors [2009] VSC 311–
American Medical Association guides to the evaluation of permanent
impairment (Fourth Edition).
Dourley v Australian Urethane & Styrene
[2020] VMC 26
– workers compensation – accepted lumbar spine
injury – termination of weekly payments of compensation
beyond 130 weeks – no current work capacity – current
work capacity - suitable employment – alleged failure to make
reasonable efforts to return to work - Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) ss. 3, 10(b),
111-116, 163(1), 266(1).
Prosecution Result Summaries and Enforceable
Undertakings
Tyan Construction Pty Ltd
Ringwood Magistrates' Court - Occupational Health and Safety
Act 2004 Section 26(1)
Outcome12 November 2020.
Legislation
CASA
ADCX 013/20 - Repeal of Airworthiness Directives AD/BAe 146/42 Amdt
1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe
146/130
19/11/2020 - This instrument repeals five Civil Aviation
Safety Authority airworthiness directives (ADs)
that are no longer required. The ADs relate to inspection and
rectification or maintenance of specified aircraft or aeronautical
products.
NSW
Bills revised following amendment in Committee –
20 November 2020
Bushfires Legislation Amendment Bill 2020
Mandatory Disease Testing Bill 2020
Bills passed by both Houses of Parliament
Bushfires Legislation Amendment Bill 2020
Queensland
Subordinate Legislation as made - reminder
Transport Legislation (COVID-19 Emergency Response) Regulation (No
2) 2020 (Qld)
This Regulation is made under the COVID-19 Emergency Response Act
2020, Rail Safety National Law (Queensland) Act 2017, Transport
Infrastructure Act 1994, Transport Operations (Marine Safety) Act
1994. The policy objectives of the Regulation are to provide
financial relief to commercial operators in state-managed boat
harbours and provide a framework that will enable exemptions from
requirements about certain marine authorities. The Regulation will
also extend the expiry of a transitional regulation that preserves
certain Queensland-specific definitions under national rail safety
legislation. The Regulation will expire on 31 December 2020.
Victoria
Date of commencement: 12 November 2020
Road Safety and Other Legislation Amendment Act 2020
(Vic)
Sections 1-13 of this Act came in by forced commencement on 12
November 2020 s. 2(2)
Act Number: 6/2020
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.