In the Media
Powerline incidents prompt safety warning
WorkSafe is urging employers operating mobile machinery
near overhead powerlines to put safety first following a spate of
electric shock incidents and near misses. Since November 2020, one
worker has died and five others were taken to hospital with serious
injuries after their machinery contacted powerlines (06 May 2021).
More...
ABCC alleges CFMMEU officials breach right of entry laws
at QPAC theatre site in Brisbane
The ABCC has commenced proceedings in the Federal Circuit
Court against the CFMMEU and three of its officials alleging right
of entry contraventions at the QPAC construction site, and failed
to comply with the site's occupational health and safety
requirements (05 May 2021). More...
Hazard 2020 - Scaffolding audit results continue to
raise concern
The latest Hazard 2020 safety campaign data up to the end
of April 2021 continues to show that while accredited companies are
making solid progress in improving the safety of mobile plant,
compliance with scaffolding requirements remains too low (04 May
2021). More...
WorkWell Toolkit hits 10,000 users
Victorian employers are being urged to join the more than
10,000 now using WorkSafe's free online resources to improve
the mental wellbeing of their workers (03 May 2021). More...
Unmasking the impacts of COVID-19 on workplace mental
health
The full extent of the toll COVID-19 has taken on
workplace mental health in NSW has been revealed with the release
of the results of a landmark study into the psychological impacts
of the pandemic (29 April 2021). More...
Disgraceful disregard for safety in asbestos work safety
fine
A house painter's failure to protect his workers and
the public from asbestos has been labelled disgraceful by a
Brisbane magistrate. He also was penalised for not complying with
an improvement notice, with the $48,291.09 cost to clean and make
safe the property and its neighbours left to the Queensland
Government (23 April 2021). More...
Company fined $50,000 after young worker's hand
caught in Hippo mixer
A Brisbane and Gold Coast flooring company has been fined
$50,000 over a workplace safety incident in which a young labourer
suffered serious injuries when his hand became caught in a portable
mixer, pleading guilty in the to breaching Queensland's Work
Health and Safety Act 2011 (23 April 2021). More...
NSW probes rise in serious injuries
The New South Wales mining sector has experienced a steady
increase in serious injuries, mostly at underground mines (23 April
2021). More...
Grosvenor workers return ahead of longwall restart
Anglo American has permitted a team of its workers to
re-enter the Grosvenor mine in Queensland to conduct safety and
compliance inspections underground while restoring power and gas
monitoring (23 April 2021). More...
Safety personnel to obtain greater power in proposed
law
The New South Wales Resources Regulator is seeking public
comment for recommendations to the Work Health and Safety Act for
mine and petroleum sites (23 April 2021). More...
Electrical worker loses licence for five years
The Electrical Licensing Committee disqualified an
electrical worker from holding an electrical work licence for five
years. He repeatedly conducted defective electrical work across
South East Queensland, posing serious risk to the safety of people
and property (23 April 2021). More...
Cattle contractor charged after worker, burnt in
explosion, was not taken to hospital for six days
Four charges are laid against a cattle mustering
contractor after an 18-year-old employee was severely burnt but not
taken to hospital for six days despite his condition worsening (23
April 2021). More...
Published - articles, papers, reports
Safe Work Australia fatality statistics
As at 29 April, 32 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
NSW
NSW Government: Incidents, alerts &
investigations
Safety alerts and bulletins and significant incident and
investigation reports to inform the NSW mining industry, suppliers,
unions and industry organisations about work health and safety
issues and findings.
29 April 2021 - Safety Bulletin SB21-03 Diesel shutdown systems
29 April 2021 - Safety Bulletin SB21-02 Flyrock from blasting activities
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.
29/04/2021 - Mine Safety News
Queensland
Who needs a security clearance for a licence or permit |
Resources Safety & Health Queensland
28 April 2021: Bulletin 74
Back to results. Explosives information bulletin no. 74 | 28 April
2021 | Version 4. employees of security sensitive authority holders
requiring unsupervised access to explosives in Queensland.
Explosives; Explosives theft or misuse. More...
WorkSafe Qld: COVID-19 rescue and resuscitation
training exemptions
From 1 August 2021, exemptions for cardiopulmonary
resuscitation, pole top rescue and low voltage switch board rescue
training will no longer apply. 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: Safety Soapbox 2021
Safety Soapbox April 2021 (released 28
April 2021)
WorkSafe Victoria: Mechanic dies while working
underneath a car
WorkSafe is issuing a safety alert about the hazards
associated with working underneath raised vehicles in the auto
repair industry following the death of a mobile mechanic (04 May
2021). More...
Elevating Work Platforms industry standard
The new standard has been developed to provide a
comprehensive understanding of the most important safety issues for
using EWPs. The standard also covers EWP training and licensing
requirements and how to ensure they are properly maintained and
inspected for use. For more information visit: www.worksafe.vic.gov.au/ewp (29 April
2021).
ESV: The Look Up and Live
The campaign calls on workers and operators of such
machinery to be aware of powerlines and plan how to safely
undertake their work before they begin. For more information go
to esv.vic.gov.au/campaigns/look-up-and-live. ESV
recommends the following: Understand No Go Zones. These include rules and distances
for safety clearances near overhead powerlines. For more
information go to our website Look Up and Live page. (04 May 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. More...
Cases
SafeWork NSW v DIC Australia Pty
Limited [2021] NSWDC
143
(3) The appropriate fine is $600,000 but that will be
reduced by 25 per cent to reflect the plea of guilty
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 - defendant involved in the manufacture of ink products -
blockages affected the operation of an ink holding tank and mill -
onslow mixer and mill remained in operation while tank was being
cleaned - access hatch was removed before anchor blade was
electrically isolated - contractor's leg became trapped between
side of the tank and anchor blade - other workers suffered injuries
when they entered the tank to assist - electrical isolation system
inadequate - absence of an external isolator switch or emergency
stop - confined space entry permit had only been partially
completed - inadequate audit procedure to ensure job safety
analysis and confined space entry permit were being utilised -
safety documents on electrical configuration of the tank were
inadequate.
SafeWork NSW v JPS Car Wash Management
Pty Ltd; SafeWork
NSW v SRS Star Management Pty
Ltd; SafeWork NSW
v Sarjeet Sidhu [2021] NSWDC
148
(1) The defendants are convicted
(9) The defendants are to pay the prosecutor's costs agreed in
the sum of $40,000.00
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 - totality of sentence - appropriate sentence -
parity
OTHER - failure to notify SafeWork of a notifiable incident -
failure to consult, co-operate and co-ordinate activities with
other persons who had a duty under s 19(1) of the Work Health and
Safety Act 2011 (NSW).
Legislation
NSW
Non-Government - 07 May 2021
Work Health and Safety Amendment (Industrial
Manslaughter) Bill 2021
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.