In the Media
Solar farms to get safety exam from SafeWork
With 16 large-scale solar farms in operation and more
under construction, the NSW workplace safety regulator will be
visiting solar farm construction sites across regional NSW as part
of a targeted safety campaign to ensure compliance (07 October
2021).
More...
Focus on childcare bottom dollar leads to more safety
breaches, report finds
Safety breaches at childcare centres leading to penalties
have disproportionately happened at those run by for-profit
providers and the problem is getting worse (06 October 2021).
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Ice skating rink operator fined $50,000
A WorkSafe investigation found carbon monoxide emissions
in the exhaust from an LPG powered ice resurfacing machine, that
was regularly used to polish the rink, exceeded recommended levels.
The court heard the machine was defective and had not been properly
maintained or tuned to minimise the levels of carbon monoxide in
the exhaust emissions (04 October 2021).
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Construction company fined $50,000 after worker
crushed
A WorkSafe investigation found that the company had failed
to prepare and implement a Safe Work Method Statement for high risk
construction work that specifically addressed the loading and
unloading of machinery (05 September 2021).
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Victorian Department of Health charged over hotel
quarantine
WorkSafe Victoria has charged Victoria's Department of
Health with 58 breaches of the Occupational Health and Safety Act
over a range of hotel quarantine failures (05 October 2021).
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Major miners and OEMs unite on autonomous safety
A new whitepaper highlights the importance of having a
system safety approach towards autonomous mining as technological
advancements continue to underwrite the mining industry (04 October
2021).
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Hospital fined $60,000 after worker bullied
Wyndham Clinic was sentenced in the Melbourne
Magistrates' Court after pleading guilty on 27 September to one
charge of failing to provide and maintain, as far as was reasonably
practicable, systems of work that were safe and without risks to
health. The company was also ordered to pay costs of $19,630 (01
October 2021).
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Safety crackdown after hundreds of forklift
incidents
Safework NSW is warning businesses using forklifts they
will be visited after the workplace regulator releases astonishing
figures noting an incident involving a forklift occurs every day,
six days a week (30 September 2021).
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New pulse check to measure your workplace's mental
health
The NSW Government has launched a new Workplace Pulse
Check tool to help businesses improve their mental health support
and access relevant training and materials from SafeWork NSW (30
September 2021).
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Early signs of mobile crane improvements, but
scaffolding remains a significant concern
With two months left in the Hazard 2020 campaign, data
trends are consolidating, highlighting where Scheme accredited
companies must take further action on to improve site safety on
scaffolding in particular (30 September 2021).
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Electroplater fined $300,000 after worker crushed
ACE Metal Treatment Services was sentenced in the
Melbourne County Court after pleading guilty to a charge of failing
to maintain plant that was safe and without risks to health (29
September 2021).
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Mine technologies a blessing for worker health:
Report
Mental health has been identified as the number-one health
and safety issue in the international resources sector according to
a recent survey of global mining executives (27 September 2021).
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Recycler fined $70,000 after worker lost hand
SKM Services Pty Ltd was convicted on a charge of failing,
as far as was reasonably practicable, to provide a safe workplace
and sentenced in Broadmeadows Magistrates' Court on 22
September (27 September 2021).
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Free WHS safety advice for farming businesses
The NSW Government and NSW Farmers have launched a
workplace safety program providing education and advice to the
agriculture industry to help reduce farm-related death, injury and
disease (23 September 2021).
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Creating a new digital tool to help manage 'AI'
WHS risks
The NSW Government's Centre for Work Health and Safety
is developing a digital Artificial Intelligence
(AI) Risk Management Tool to help businesses
manage workplace health and safety risks when introducing and using
the technology. An example of the Centre's AI WHS scorecard can
be viewed
here (23 September 2021).
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Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 30 September, 89 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
Safe Work Australia: Make health and
safety part of your workplace culture
This National Safe Work Month, Safe Work Australia
encourages all Australians to make health and safety a central part
of their workplace culture by thinking safe, working safe and being
safe. Safe Work Australia's
National Safe Work Month website has resources to help you
think, work and be safe (30 September 2021).
More...
COMCARE Regulatory update – removal of a plant
registration condition
In accordance with regulation 283 of the Work Health and
Safety Regulations 2011, Comcare has considered the submissions
received and has decided to cease the condition to submit annual
plant maintenance notifications to Comcare from 1 October
2021.
Comcare has developed
a factsheet about the condition removal with further details
around plant risk factors, legal requirements, reasons for the
change and next steps.
More...
NSW
Australian-first tool to improve labour hire worker
safety
SafeWork NSW has released an Australian-first labour hire
toolkit as part of its Safe Work Month program, to improve the
safety of at-risk workers. The labour hire toolkit is available
here, via the SafeWork NSW website. As part of its October
program, NSW has also released a 'Workplace Pulse Check'
tool to support Mental Health Month, which is available
here (01 October 2021).
Incidents, alerts & investigations
2 September 2021 – Safety Bulletin SB21-05 –
fire risk of battery units for underground battery electric
vehicles.
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Mine Safety News
30/09/2021 –
Mine Safety News
Queensland
Overburden drill falls onto light vehicle | Resources
Safety & Health Queensland
5 October 2021 | 397
A Coal Mine Worker received injuries when a blasthole drill toppled
on its side at a coal mine.
Equipment failure or modifications; Human factors; Plant failure or
damage; Vehicle collision or failure.
More...
WorkSafe Qld: DC isolators – consequences of
cancellation of a number of certifications
Direct current (DC) isolators used in
photovoltaic solar systems in household installations are
classified as high risk (level 3) electrical equipment in the
Electrical Equipment Safety System (EESS). They
are required to be registered on the EESS national database before
they are supplied in Queensland. This registration requires using a
valid certificate of conformity (06 September 2021).
More...
WorkSafe Qld: Worker falls from elevating work
platform
Taking steps to manage risks is a condition of doing
business in Queensland. This responsibility is covered by your
primary duty of care in the Work Health and Safety Act 2011. Use
the hierarchy of controls to help decide how to eliminate and
reduce risks in your place of work (30 September 2021).
More...
WorkSafe Qld: Worker fatally crushed after being hit by
moving vehicle
There have been a number of incidents in Queensland where
transport industry workers have been seriously injured or killed
because a vehicle hasn't been effectively immobilised while
work or maintenance is being undertaken. You can manage these risks
by implementing appropriate control measures outlined here (29
September 2021).
More...
Victoria
ESV: Industry Alert: Certificates for some DC isolators
cancelled
ESV recently issued a safety alert about
DC Isolators – cancellation of a number of
certifications. The certification of certain types of DC
isolators has been cancelled and they can no longer be sold in
Victoria until re-certification can take place. Private certifiers
SAA Approvals cancelled 18 certifications for DC isolators on 29
September (06 October 2021).
More...
ESV is calling for submissions in relation to a consultation paper
proposing
enhancements to the safety of DC isolators in PV systems. ESV
invites interested parties to
review the consultation paper and make a submission.
Submissions close on 8 October 2021.
More...
Cases
Prosecution Result Summaries and Enforceable
Undertakings
Information about the most recent prosecution and
Enforceable Undertaking outcomes
Kenneth Charles Jensen
Wodonga Magistrates' Court – Occupational Health
and Safety Act 2004 Section 26 & 144(1)
Outcome 30 Sep 2021
Wyndham Clinic Pty Ltd
Melbourne Magistrates' Court – Occupational
Health and Safety Act 2004 Section 21(1) & 21(2)(a)
Outcome 30 Sep 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.