In the Media
Newcastle businesses target of vehicle safety
campaign
SafeWork inspectors will be visiting transport operators
across Newcastle and the Hunter Region from this week to promote
safer working practices when loading, unloading and working around
vehicles (19 May 2021). More...
SafeWork visits Sutherland Shire construction
sites
Construction sites across the Sutherland Shire from
Sylvania to Engadine and Cronulla can expect a visit from SafeWork
Inspectors over the next few days who will be targeting unsafe
working systems across all building trades (19 May 2021). More...
Company fined $120,000 after truck runs over
worker
Dandy Premix Concrete Pty Ltd was sentenced in the
Dandenong Magistrates' Court on 10 May after being found guilty
on 15 April of failing to provide a safe workplace by failing to
take reasonably practicable steps to eliminate the risk of powered
mobile machines colliding with pedestrians (18 May 2021). More...
Put a stop to workplace violence
WorkSafe Victoria is launching a new campaign highlighting
the need for employers and the community to come together to stamp
out violence in the workplace. WorkSafe claims data shows that
while only 2.5 per cent of claims relate to violent or aggressive
incidents in the workplace, many incidents are unreported (17 May
2021). More...
Victorian man convicted after carrying out electrical
work while unlicensed
Energy Safe Victoria has prosecuted an unlicensed
electrical worker whose subpar and unsafe work resulted in a
resident receiving an electric shock. Mr Sagin was found guilty of
three offences under the Electrical Safety Act 1998, including
working while unregistered, unlicensed and failing to take
precautions to prevent an electric shock (17 May 2021). More...
Engineering company fined after crane collapses onto
building
A structural engineering company has been fined $225,000
after three workers were injured when a tower crane collapsed onto
an apartment block in Wolli Creek NSW (14 May 2021). More...
Powerline electrocutions prompt regulator calls for
better safety
Victoria and Queensland have urged employers and
contractors who operate mobile machinery to take powerline safety
more seriously after a spate of serious incidents (13 May 2021).
More...
Published - articles, papers, reports
Safe Work Australia fatality statistics
As at 13 May, 34 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).
ABCC Industry Update - 13 May 2021 Edition
Read about the state of the industry, litigation news and
more in this month's edition of Industry Update. More...
In practice and courts
Safe Work Australia: Online abuse in the workplace - new
fact sheets
Publication Date 18 May 2021 - New fact sheets providing
practical steps to support persons conducting a business or
undertaking (such as employers) and workers to prevent online abuse
in the workplace have been developed by Safe Work Australia and
eSafety. View the online abuse fact sheet for employers and workers. More...
Hazard 2020 webinar - scaffolding risk management
On Thursday 29 April 2021, the Office of the Federal
Safety Commissioner held the second of the Hazard 2020 webinar
series, with a focus this month on Scaffolding Risk Management (17
May 2021). More...
ComCare Submissions open: Proposed removal of a plant
registration condition
ComCare proposes removing its imposed condition on duty
holders to submit annual notifications of any maintenance, repair,
inspection or testing of an item of plant, which includes high-risk
machinery such as cranes, vehicles, forklifts, lifts, boilers, gas
cylinders and amusement rides and devices (12 May 2021). More...
NSW
NSW Government: March 2021 monthly business activities
report published
17 May 2021 - March 2021 business activities
report (Resources Sector Safety).
Queensland
WorkSafe Qld Safety Alert: Diving tower edge
protection
Issued: 17/05/2021 Last Updated: 17/05/2021
This safety alert highlights the risk of falls from diving tower
structures and provides guidance on risk controls. It applies to
parts of diving towers where there is a risk of someone falling
onto a solid structure below. It does not apply to parts of diving
towers directly above water. 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...
Victoria
WorkSafe Victoria: Safety Soapbox 2021
Safety Soapbox May 2021 (released 19 May
2021).
Cases
SafeWork NSW v Sandhu Construction
Group Pty Ltd [2021] NSWDC
193
CRIME - work health and safety - risk of death or serious injury -
duty of persons undertaking a business or undertaking PROCEDURAL -
reasonably practicable - likelihood of risk - knowledge of risk -
what the defendant ought reasonably have known SENTENCE - 5 per
cent reduction for the utility of the plea.
SafeWork NSW v Southern Meats Pty
Ltd [2021] NSWDC 192
CRIMINAL LAW - prosecution - work health and safety - duty of
persons undertaking business - risk of death or serious injury.
SafeWork NSW v Concrite Pty
Ltd [2021] NSWDC 191
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).
Landmark Roofing Pty Ltd v SafeWork
NSW [2021] NSWCCA 95
CRIME - Appeal against conviction - procedural fairness - duties of
trial judge EMPLOYMENT AND INDUSTRIAL LAW - Work health and safety
- Offences - application of s244(1) of the Work Health and Safety
Act 2011 (NSW).
SafeWork NSW v Byford Equipment Pty
Limited [2021] NSWDC
168
CRIMINAL LAW - prosecution - work health and safety - duty of
persons undertaking business - duty of employers - risk of death or
serious injury - worker injured SENTENCING - objective seriousness
- deterrence - aggravating factors - mitigating factors -
appropriate penalty SENTENCING PRINCIPLES - no record of previous
convictions - good prospects of rehabilitation - remorse - plea of
guilty - assistance to law enforcement authorities.
Prosecution Result Summaries and
Enforceable Undertakings
Information about the most recent prosecution and Enforceable
Undertaking outcomes
New Pearl Trading Pty Ltd
Ringwood Magistrates' Court Occupational Health and
Safety Act 2004 Section 23(1) & 40(1)
Outcome 13 May 2021
Weeping Elm Wines Pty Ltd
Frankston Magistrates' Court Occupational Health and
Safety Act 2004 Occupational Health and Safety Act 2004 Section 21
Outcome10 May 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.