In the media
Safety watchdog to prosecute RailCorp over worker's
death
RAILCORP is being prosecuted for the first time by the state's
transport safety regulator, following the death of a track worker
struck by a train at Kogarah. The Independent Transport Safety
Regulator has confirmed it is prosecuting RailCorp and the area
controller for breaches of the Rail Safety Act, 2008 (30 November
2012).
More...
Trench collapse proves costly
Two companies involved in major sewage pipeline project at
Templestowe were each fined $30,000 after a worker was injured when
a trench collapsed. Each pleaded guilty to two charges under the
OHS Act - failing to provide a safe working environment for their
own workers, and failing to provide a safe working environment for
the workers of the other company (29 November 2012).
More...
Call for Victoria and Western Australia to harmonise OHS
laws
Minister for Employment and Workplace Relations Bill Shorten
recently called on Victoria and Western Australia to harmonise
their OHS laws and introduce Bills based on the model Work Health
and Safety Act (29 November 2012).
More...
July Notifiable Fatalities Monthly Report now
available
The monthly notifiable fatality report provides a national summary
of work-related traumatic fatalities that were notifiable to
Australian work health and safety jurisdictions. The report also
includes details of the types of incident involved; the industry of
the workplace at which the fatalities occurred; and the industry of
the decedent's employer (28 November 2012).
More...
ACT worksites in for overhaul
Up to 12 new safety inspectors will be employed as a matter of
urgency, dodgy builders will be named and shamed and on-the-spot
fines will be introduced in an attempt to urgently rebuild a safety
culture across Canberra's construction industry (27 November
2012).
More...
ACT worksites most dangerous in nation
There have been four workplace deaths in Canberra over the past 12
months, prompting the ACT Government to commission an inquiry into
practices in the construction sector. The report has found that the
ACT had a higher rate of serious claims in the last 12 months than
all states except Tasmania (26 November 2012).
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Company fined $170,000 over crane
collapse
A drilling company has been fined $170,000 after pleading guilty to
an incident in which a falling gantry crane injured one man and
narrowly missed several others working on the Wonthaggi
desalination pipeline project (20 November 2012).
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In practice and courts
QLD: Commencement of a number of provisions in the Work Health and Safety Regulation 2011 (Qld)
Delayed until 1 January 2014, , provisions in relation to the following matters pursuant to amendments made by the Work Health and Safety Amendment Regulation (No 1) 2012: audiometric testing (see s 58)
- Protective structures on earthmoving equipment (see s 217)
- certain asbestos regulations that are new in Queensland (see s 425, 429, 432, 433 and Div 1 of Pt 8.5), and design registration of concrete placing booms and prefabricated formwork (see s 779). More...
Safety Alerts
Mines Safety Alert 296 - Aerosol propellant
ignition
This advises on aerosol crack-testing compounds (Crack testing is a
non-destructive testing technique used for detecting cracks on
metal surfaces) (21 November 2012).
More...
Cases
Comcare v Post Logistics Australasia Pty Limited [2012]
FCAFC 168
INDUSTRIAL LAW – breach of s 16(1) Occupational Health and
Safety Act 1991 (Cth) – quantity of penalty imposed under Sch
2 cl 4 – relevance of deterrence in assessing civil pecuniary
penalties under Sch 2 cl 4 – relevance of prior breach of s
16(1) – foreseeability of risk of injury – whether
primary judge failed to take into account admission and concession
of the respondent – whether primary judge denied procedural
fairness in rejection of proposed penalty ranges – whether
manifest inadequacy of penalty
Occupational Health and Safety Act 1991 (Cth) ss 3, 11, 16 and Sch
2 cl 2, 4, 5. More...
Inspector Middleton v Cafe C Pty Ltd [2012] NSWIRComm
131
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) of the
Occupational Health and Safety Act 2000 - defendant a corporation -
operated cafe business - risk of injury to employees from coming
into contact with electricity flowing from damaged cable - grease
trap utilised at premises - square cavity under floor in kitchen
known as the wet well - entrance to wet well covered by metallic
plate - electrical pump housed in wet well for purpose of pumping
waste water - cable of pump traversed kitchen floor to power outlet
- cable became wedged between edge of wet well and cover plate -
cable compressed and damaged - live conductor exposed - grease trap
overflowed - surplus water on floor of kitchen - contact between
live conductor and metallic cover plate and/or water on floor of
kitchen - one worker electrocuted - one worker suffered electric
shock - plea of guilty - sentencing - objective factors - maximum
penalty - risk was foreseeable - systems in place prior to incident
inadequate - simple remedial measures available - general and
specific deterrence - culpability of defendant - contribution of
third parties - responsibility of defendant to determine what
services to engage and ensure services performed adequately -
mitigating factors - offence serious - subjective factors - remorse
and contrition - co-operation with the prosecutor - discount for
plea - first offence - consideration of financial means of
defendant - no claim for impecuniosity - defendant small family
business - sole director - financial records show modest profits
and assets - reduction in penalty by virtue of mitigating and
subjective factors - penalty imposed - moiety – costs. More...
Inspector Christensen v Wadwell Group Pty Ltd (ACN 125
970 345) as trustee for the Wadwell Family Trust [2012] NSWIRComm
126
OCCUPATIONAL HEALTH AND SAFETY - Pleas of guilty by corporate
defendant and directors of corporate defendant - Excavation for
bungee pool as favour for friends - Trench collapse - One fatality
and injuries to another person - Objective seriousness of offences
- Need for general deterrence - Subjective considerations - Whether
s 10 of Crimes (Sentencing Procedure Act) 1999 should apply to one
director - Victim Impact Statements - Guilty findings - Convictions
- Penalties imposed
Crimes (Sentencing Procedure) Act 1999; Fines Act 1996; Occupational Health and Safety Act 1983; Occupational Health and Safety Act 2000; Occupational Health and Safety Regulation 2001. More...
Inspector Wright v Khouzame [2012] NSWIRComm
125
The offence is proven and a verdict of guilty is entered.
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) and s
8(2) of the Occupational Health and Safety Act 2000 - gardening and
tree felling business - risk of injury to employees and
non-employees by falling tree power lines and power poles - no
procedures in place to avoid risk of serious injury - employees had
no accreditation for carrying out tree felling work - plea of
guilty - risk was foreseeable - simple remedial measures available
- serious offence - no persons injured - significant damage to
property - remorse - defendant a student - s 6 of the Fines Act
1996 - penalty reduced - penalty imposed- Occupational Health and
Safety Act 2000. More...
Inspector Nicholson v Gallagher [2012] NSWIRComm
121
OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) by virtue
of s 26(1) of the Occupational Health and Safety Act 2000 -
defendant a director of a corporation - corporation went into
voluntary liquidation after incident - risk of injury by coming
into contact with dangerous moving parts of conveyor machine at
waste recycling and disposal plant - employees required to transit
in close proximity to conveyors - conveyor unguarded on day of
incident - young and inexperienced worker exposed to risk -
inadequate supervision - worker became entangled in conveyor -
serious injury suffered - plea of guilty - sentencing - objective
factors - maximum penalty - risk was foreseeable - systems in place
prior to incident inadequate - simple remedial measures available -
general and specific deterrence - culpability of defendant -
defendant "hands on" manager - no aggravating factors -
mitigating factors - offence serious - subjective factors - remorse
and contrition - assistance to injured worker - impact on defendant
- co-operation with prosecutor - discount for plea - first offence
- consideration of s 6 of the Fines Act 1996 and the
defendant's capacity to pay - discretion exercised to reduce
penalty under Fines Act - strength of financial evidence before the
Court affected by absence financial material - some reduction in
penalty by virtue of mitigating and subjective factors - penalty
imposed - moiety - costs reserved. More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.