In the Media
Painter fined over skylight fall
A painter and decorator has been convicted and fined
$40,000 after a sub-contractor was seriously injured on a property
near Strathmerton in 2018. Adam Raymond Nelson pleaded guilty in
the Cobram Magistrates' Court last Wednesday to two charges of
failing to ensure persons are not exposed to health and safety
risks arising from the conduct of the undertaking of a
self-employed person (02 June 2021). More...
Hybrid workplaces present huge risks - here's how to
mitigate them
As vaccination rates continue to rise and many countries
have overcome the worst of the pandemic, business leaders are
determining their workplace model going forward. Many are learning
that this requires hard choices (01 June 2021). More...
Agriculture industry fatality rate double the next
highest
In Queensland, agriculture, forestry and fishing workers
had the highest fatality rate at 18.4 per 100,000 workers according
to the latest Work-Related Traumatic Injury Fatalities report
published by Safe Work Australia (31 May 2021). More...
BHP, Komatsu promote data analysis to identify best work
practices
Mining industry leaders have highlighted data analysis as
the key to maintaining on-site safety and reducing serious injuries
in the workplace (01 June 2021). More...
Fatal dismount from moving tractor leads to $150,000
fine
A North Queensland produce company was recently fined
$150,000 in the Bowen Magistrates Court over the death of a
37-year-old worker who was crushed when he dismounted from a moving
tractor (31 May 2021). More...
Working safely with reusable chemical containers
A recent incident where workers fell ill after exposure to
residual herbicide highlights the potential dangers that exist with
reusable chemical containers - known as intermediate bulk
containers (31 May 2021). More...
ABCC alleges CFMMEU officials defied safety requests on
NSW school project
The ABCC has commenced Federal Circuit Court proceedings
against the CFMMEU and two of its officials alleging they
contravened right of entry provisions of the Fair Work Act 2009 at
the Armidale Secondary School construction project in New South
Wales (27 May 2021). More...
NSW formally clarifies psychosocial legal
responsibilities
New South Wales has become the first state in Australia to
introduce an industry-wide code of practice to formally clarify the
legal responsibilities businesses have to address hazards in the
workplace that can cause psychological or physical harm (28 May
2021). More...
SafeWork slides into snowfield's workplaces
SafeWork Inspectors have begun this year's NSW Alpine
Ski Area safety compliance program with an industry roundtable
involving all snowfield operators to discuss the safe operation of
passenger ropeways including chairlifts, surface ropeways and
gondolas (26 May 2021). More...
Enhanced mental health strategy for NSW workplaces
SafeWork NSW's Mentally Healthy Workplaces Strategy
has been relaunched, aiming to improve workplace mental health in
response to significant shifts in ways of working due to COVID-19
(26 May 2021). More...
Dangerous goods regulations strengthened
Duty holders storing or handling hazardous material above
certain quantities will have to follow strict new reporting
requirements following amendments to dangerous goods regulations
(25 May 2021). More...
WHS charges over incident at Mint
The Royal Australian Mint has been charged with breaching
federal work health and safety laws after a three-tonne coin press
almost fell on a worker in Canberra (24 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).
ComCare: 2021 emerging evidence alerts
Latest peer-reviewed articles, reports and evidence on a
range of workplace health and safety, prevention, recovery at work
and return to work topics. More...
In practice and courts
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. Comcare is inviting
submission until 24 June 2021 For more information, Comcare has
developed a factsheet.
Queensland
eSAFE Rural
31/05/2021 - eSAFE Rural is a quarterly e-newsletter
providing information to subscribers on activities in the
agriculture, forestry and fishing sector. More...
Building failures during severe weather events |
Resources Safety & Health Queensland
1 June 2021 | 195 - recently severe weather events characterised by
very high wind gusts, hail and heavy rain were experienced by
several coal mines. Infrastructure failure or damage; Weather
events. More...
Dragline Boom Point Sheaves Fall to Ground | Resources
Safety & Health Queensland
31 May 2021 | 391 - a major structural failure of the boom point
sheaves on a dragline resulted in the sheave assembly falling from
the boom point and landing in the pit. Ropped objects; Falling
material or objects; Infrastructure failure or damage; Plant
failure or damage. More...
Victoria
WorkSafe Victoria: Dangerous goods regulations
From 1 July, the Dangerous Goods (Storage and Handling)
Regulations 2012 will require all duty holders occupying premises
with prescribed quantities of dangerous goods to notify WorkSafe at
least every two years. Existing duty holders will have six months
from 1 July to submit a notification to WorkSafe that complies with
the amended regulations. More...
Proposed workplace facilities, amenities and work
environment compliance code - public comment
One of the most important Compliance Codes has been
redrafted and updated by a tripartite committee and has been
released for public comment. The proposed Workplace facilities,
amenities and work environment compliance code (proposed code) was
made available for public review and comment from 1 June
2021.
There is a dedicated webpage for public comment on
the Victorian Government's consultation platform, Engage, until
28 June 2021.
Cases
SafeWork NSW v Campbelltown Hardware
Pty Ltd and Khalid [2021] NSWDC
217
CRIMINAL LAW - prosecution - work health and safety - duty of
persons undertaking business - duty of employers - risk of death or
serious injury - death of worker 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 - capacity to pay a fine - WHS undertaking.
Prosecution Result Summaries and
Enforceable Undertakings
Information about the most recent prosecution and Enforceable
Undertaking outcomes
Simon Ellis
Sale Magistrates' Court Occupational Health and Safety
Act 2004 Section153(2) & 40(4)
Outcome 27 May 2021
Adam Raymond Nelson
Cobram sitting in the Online Magistrates' Court
Occupational Health and Safety Act 2004
Section24(1) Outcome 26 May 2021
Legislation
Victoria
Statutory Rules
No 49 Dangerous Goods (Storage and Handling) Amendment
(Notification) Regulations 2021
25 May 2021 - Notification to Authority, From July 1, 2021, the
Dangerous Goods (Storage and Handling) Regulations 2012 will
require all duty holders occupying premises with prescribed
quantities of dangerous goods to notify WorkSafe at least every two
years.
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.