In the Media
$100,000 fine after youth justice workers seriously
injured
The Department of Justice and Community Safety has been
fined a total of $100,000 following two separate assaults on youth
justice workers by children in detention in 2018 (04 November
2021).
More...
New guide helps employers meet first aid needs
Adding new life-saving equipment to first aid kits and
encouraging mental health crisis training are among the
recommendations in WorkSafe's updated guide to workplace first
aid (04 November 2021).
More...
Bureaucratic burden on electrical workers removed
through ESVConnect upgrade
Energy Safe Victoria (ESV) is helping
more than 500 Victorian companies improve efficiency by allowing
employers to buy Certificates of Electrical Safety on behalf of
their licensed electrical workers (04 November 2021).
More...
Coles, Woolworths announce vaccination mandate
roadmaps
Coles Group and Woolworths Group have announced new
measures to help keep team members and customers safe by
introducing new requirements for Australian team members to be
vaccinated against coronavirus (COVID-19) in the coming months (01
November 2021).
More...
New workplace exposure standards for respirable
crystalline silica and coal dust
Safe Work's fatality reports do not account for
workers who may have lost their lives from debilitating illnesses
gained in the industry including lung diseases or other chronic
conditions. Recent legislative changes aimed at tightening
occupational exposure limits or workplace exposure standards for
coal and silica dust in mining & quarry operations is the
primary focus of this year's AR Interactive Guide (29 October
2021).
More...
A new model Code of Practice to help duty holders manage the risks
of respirable crystalline silica from engineered stone in the
workplace has been released (01 November 2021).
More...
Rio Tinto fined $80K over heat incident that included
death
Rio Tinto has been fined $80,000 after three workers were
exposed to extreme conditions without adequate training, in an
incident that included the death of one (29 October 2021).
More...
Fortescue implements four-drink maximum on site
Fortescue Metals Group will implement several initiatives
to enhance the safety, culture and experience across all company
workplaces, as a result of feedback from its Workplace Integrity
Review (29 October 2021).
More...
Support for young construction workers' health,
safety and wellbeing comes through good communication
New research has found that the communication between
young construction workers and their supervisors is critical to
promoting good health, safety and wellbeing both on site and in
life (28 October 2021).
More...
Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 28 October, 105 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).
Key work health and safety statistics, Australia
2021
Safe Work Australia: 25 October 2021
The report reveals that 194 people were fatally injured at work in
2020, this is an increase from 190 in 2019 (according to the latest
source for worker fatalities in 2019). There were a total of
120,355 serious workers compensation claims in Australia in
2019–20; an increase from 114,435 claims in
2018–19:
Key work health and safety statistics, Australia 2021
In practice and courts
Comcare to host Workplace Sexual Harassment National
Forum
A national forum will be held on 11-12 November 2021 as
part of the Australian Government's response to the landmark
Respect@Work Sexual Harassment National Inquiry Report to raise
awareness about work health and safety (WHS) risks, management and
prevention.
More...
OFSC: Thinking of Using a Franna? New Guidance
Published
25 October 2021 – articulated mobile cranes
(colloquially known as Frannas) are the most common form of crane
on Australian building sites. Incident and audit data collected
from builders accredited under the WHS Accreditation Scheme
demonstrates significant improvements must be made when using
Frannas.
The OFSC's new infographic
"Thinking of using a Franna?" is an easy to follow
workflow to help builders work in a safe and structured way
on-site.
More...
Updated Guidance Material: Managing the risks of working
in heat
Safe Work Australia: 28 October 2021
This guide provides practical guidance for a person conducting a
business or undertaking on how to manage the risks associated with
working in heat, including information on first aid for
heat-related illnesses that reflects updated medical advice.
More...
NSW
Incidents, alerts & investigations
4 November 2021 safety bulletin
SB21-09 Threaded fasteners – diesel engines systems
in underground coal mines.
More...
Mine Safety News
28/10/2021 –
Mine Safety News
Queensland
Coal Mine Worker crushed by moving plant | Resources
Safety & Health Queensland
3 November 2021 | No 399
A worker suffered life threatening injuries during a routine wash
down of a rear dump truck being undertaken by four coal mine
workers. Subject: Governance or compliance; Human factors;
Inadequate systems or responses; Organisational deficiencies;
Visibility.
More...
WorkSafe Qld: 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.
WorkSafe Qld: Asbestos Awareness Week 2021
This Asbestos Awareness Week (22-28 November), we're
showing householders and tradies where they could find asbestos in
homes and what they should do to stay safe. Check out
these resources on how to work safely with asbestos for
licensed asbestos removalists, professional tradespeople and DIY
home renovators.
Victoria
WorkSafe Victoria First Aid in the Workplace Compliance
Code
The code replaces the 2008 code, with updates including
recommendations to consider adding asthma-relieving inhalers and
epinephrine auto-injectors (Epipens) to first aid kits and to
consider training for first aid officers to assist people
experiencing a mental health crisis. The prescribed approach gives
prescriptive guidance on complying with the OHS Act and is suited
to small to medium-sized workplaces. To view the compliance code,
visit
here (04 November 2021).
Cases
Orr v Burgess Earthmoving Pty Ltd
[2021] NSWDC 583
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 – principle of
totality COSTS – prosecution costs OTHER – defendant
was operator of a hard rock quarry –flyrock ejected from
blast landing in vicinity of both workers and members of the public
– lack of any qualified Quarry Manager –inadequate
instructions and training provided in relation to working with
explosives – failure to maintain safe system of work for
blasting operations.
Guilfoyle
v AP [2021] QMC 6
Work Health & Safety prosecution – Breach of
Duty Category 2 offence – using a forklift with platform not
securely fitted per Australian Standards – friend helping
electrical contractor (defendant) replace an air-conditioning unit
– injury – platform fell from a height –
Sentencing factors for first time offender
Work Health & Safety Act 2011 Qld ss3(1)(a), 3(2), 7, 16, 17,
18, 19(1), 19(3), 32.
Prosecution Result Summaries and Enforceable
Undertakings
Information about the most recent prosecution and
Enforceable Undertaking outcomes
Classic Homes Co Pty Ltd
Ballarat Magistrates' Court Occupational Health and
Safety Act 2004 Section26(1) Outcome 26 Oct 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.
