In the Media
Promising results in Comcare rollout of workplace mental
health program
Comcare's expansion of an early intervention mental
health program across Commonwealth workplaces is delivering strong
recovery and productivity outcomes, an independent evaluation has
found (20 October 2021).
More...
Victoria's largest meat processor found guilty
following employee's death
Almost four years after the death of one of its employees
in western Victoria, Midfield Meats has been found guilty on one of
two charges for failing to provide a safe work environment (20
October 2021).
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Qantas charged over workplace safety law breaches
Qantas has been charged with discriminatory conduct and
alleged breaches of workplace health and safety laws after it stood
down an employee who raised concerns about the risk of COVID-19
while cleaning aircraft inbound from China in early 2020 (19
October 2021).
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Flexible working and psychosocial safety
Read about our research to keep your flexible workers
psychologically safe.
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Incident report review recommended by RSHQ
Resources Safety and Health Queensland is recommending
coal mine operators review their incident reporting after a
significant decrease in the number of High Potential Incidents
reported by Queensland coal mines during the 2020/21 fiscal year
(18 October 2021).
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Hazard 2020 safety campaign draws to a close
18 October 2021 marks the end of the Office of the Federal
Safety Commissioner's Hazard 2020 safety campaign (18 October
2021).
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Ambassador roundtable to discuss workplace
mental-health
The NSW Government is urging all small and medium
businesses to engage with SafeWork NSW around workplace mental
health after a recent survey showed 20 per cent of operators
admitted to having mental health and stress concerns from current
challenges including COVID (15 October 2021).
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Improving powerline safety with tree clearance
regulation
ESV has stepped up its regulation of Victorian council
pruning practices, reducing safety and reliability risks associated
with trees touching powerlines (14 October 2021).
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Mushroom farm fined $130,000 for workplace
incident
The wholesale produce business was fined $120,000 and the
director $10,000 for exposing individuals to a risk of death or
serious injury under Queensland's Work Health and Safety Act
2011. At sentencing, Magistrate Noud took into account the
director's cooperation with the WHSQ investigation, his lack of
previous convictions, and good character (14 October 2021).
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BHP mandates COVID-19 vaccines, AWU criticises the
decision
BHP has mandated full COVID-19 vaccination as a condition
of entry to its Australian workplaces, by 31 January 2022 – a
decision met with criticism by the Australian Workers' Union
(13 October 2021).
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Tailings dams technology receives Federal funding
The Federal Government is supporting the resources sector
with a grant to mass-produce a technology which enhances safety in
mine tailings dams (11 October 2021).
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Tingalpa construction given hefty fine for unsafe work
practices
A 50-year-old Tingalpa construction company and its
director have been fined $90,000 following a 2020 workplace
incident that saw a man suffer a traumatic brain injury after a
fall from height (11 October 2021).
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Solar installer fined $500,000 for multiple unsafe
worksites
A solar panel installer has been convicted and fined
$500,000 for safety breaches at sites across Victoria, including a
2019 incident where a worker suffered serious injuries after
falling through a skylight (13 October 2021).
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Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 14 October, 102 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).
The SWA Annual Report 2020–21
The SWA Annual Report was tabled in Parliament on, 20
October 2021.
More...
In practice and courts
Safe Work Australia:Think, work and be safe – make
sure you have Clean Air. Clear Lungs. at your workplace
17 October 2021 – occupational lung
diseases are conditions of the respiratory system caused by
workplace exposure to dusts, gases, fumes and vapours.This week we
will be releasing a series of information sheets about different
occupational lung diseases which include:
Silicosis
Asbestosis and Mesothelioma
Coal Workers' Pneumoconiosis and mine dust diseases
Q fever
Chronic Obstructive Pulmonary Disease
NSW
Incidents, alerts & investigations
2 September 2021 – safety Bulletin SB21-05 - Fire
risk of battery units for underground battery electric vehicles.
More...
Mine Safety News
14/10/2021 –
Mine Safety News
Queensland
Rural plant code of practice review
The Rural plant Code of Practice 2004 (the
Code) is currently under review. The review will consider
what changes are necessary to ensure the Code remains
fit-for-purpose and supports the agriculture industry to meet
legislative obligations and ensure worker safety. You are invited
to read the
Rural Plant Code of Practice 2004 – Issues paper.
Consultation closes 29 November 2021.
More...
WorkSafe Qld Bulletins
October 2021 edition eSAFE Electrical newsletter
Watch out for deteriorated wiring or cracked and brittle
Bakelite fittings in older electrical installations; Electrical
licensing disciplinary action.
More...
Victoria
WorkSafe Victoria Safety alerts: Inspection and
maintenance of patient hoist weigh scale devices and associated
equipment
WorkSafe is issuing an alert about the hazards and risks
associated with the use of patient hoist weigh scale devices and
associated equipment in an aged care facility. Weigh scales and
associated equipment that bear the patient's load once
connected to a patient hoist are an item of plant for the purposes
of Part 3.5 of the Occupational Health and Safety Regulations 2017
(13 October 2021).
More...
WorkSafe Victoria Newsletters
Safety Soapbox October 2021 20 October 2021
Cases
SafeWork NSW v Askfay Pty Ltd;
and; SafeWork NSW v Anthony Elias Felix
Grima [2021] NSWDC
572
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 OTHER – s 19(1) of the Work Health and Safety Act
2011 (NSW) – s 20 of the Work Health and Safety Act 2011
(NSW).
SafeWork NSW v JA Investment Group Pty
Ltd [2021] NSWDC
569
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 automotive
dismantling – electric equipment in close proximity to the
petrol storage area - worker used electric gurney to clean ute tray
in workstation – fire and explosion when electric gurney
turned on – serious burn injuries – inadequate
instructions and training provided in relation to working with
flammable liquids and hazardous chemicals.
SafeWork NSW v ABC Tissue Products Pty
Ltd [2021] NSWDC
552
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
– previous convictions - appropriate sentence OTHER – s
19(1) of the Work Health and Safety Act 2011 (NSW).
SafeWork NSW v Silver Stone Hardware Pty
Ltd [2021] NSWDC
551
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 sentence OTHER – s
19(1) of the Work Health and Safety Act 2011 (NSW).
Prosecution Result Summaries and Enforceable
Undertakings
Information about the most recent prosecution and
Enforceable Undertaking outcomes
Global Renewable Energy Solutions Pty. Ltd. (in
liquidation)
Werribee Magistrates' Court - Occupational Health and
Safety Act 2004 Section21(1) Outcome11 Oct 2021
Fine $500,000.00 Failure to prepare a SWMS; Falls/work at height
offences; High risk construction work.
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.