ARTICLE
24 September 2013

Work Health & Safety - What's News - 27 August 2013

HR
Holding Redlich

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Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
The newsletter includes links to recent media releases, reports, cases and legislation relating to work health & safety.
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In the media

National review of 2,4-D HVE completed
The APVMA suspended registrations and label approvals of 2,4-D products containing high volatile ester forms in 2006. This was on the basis of environmental concerns about off-target damage to nearby crops, vegetation and the environment due to its ability to easily evaporate and be carried long distances under certain conditions (21 August 2013). More...

Contractor fined for 2008 explosion at coal mine
Contractor Carpenter Mine Management has been fined $100 000 over an explosion that left a contractor with severe burns. At the time of the explosion, the mine was still owned by Griffin Coal, and charges have been laid against the company and Carpenter Mine Management (22 August 2013). More...

Deadline looms for high risk work licence conversions
SafeWork SA Inspectors are focussing on high risk work and reminding workers to convert their old qualifications to the national licence (22 August 2013). More...

Working safely in windy conditions
With high winds expected throughout August and September, WorkCover NSW is issuing a reminder to businesses be aware of the risks of working in windy conditions. Side loads, such as wind or materials leant against a wall under construction, can inadvertently cause a wall or scaffolding structure to collapse (20 August 2013). More...

Shonky operators in the spotlight
Workplace Health and Safety Queensland has looked at 40 operations around Bundaberg and Childers and uncovered about 20 breaches. Principal rural inspector Fiona O'Sullivan said they were mostly about insufficient plant guarding, like shaft covers, belts and pulleys, and chemicals and safe work systems (21 August 2013). More...

Cement companies fined $190,000 over worker's death
The Court found that Cement Australia (Kandos) Pty Ltd, the owner of the premises and the employer of the worker, was more culpable given its additional failings in relation to providing a safe system of work and adequate supervision and instruction (16 August 2013). More...

Male miners' mental health claims overblown: research
New research from Griffith's Australian Institute has shown there is no solid data to indicate males in the mining industry experience more mental health issues compared to males in other industries (16 August 2013). More...

Inquest urges safety overhaul after welder electrocuted
The coroner has recommended extra safety precautions when welding in humid conditions and has recommended workplace health and safety reopen an investigation whether Ridley should be prosecuted for negligence (15 August 2013). More...

In practice and courts

Mentally Healthy Workplaces Alliance—Call for Good Practice
The Mentally Healthy Workplace Alliance is a new national approach by business, community and government to encourage Australian workplaces to become mentally healthy for the benefit of the whole community and businesses, big and small (20 August 2013). More...

QLD: Explosives Safety Alert 71 - Blocked tank vents
Authority holders review their safety management system to ensure that regular inspections and maintenance are being conducted in accordance with the tank manufacturer's requirements (Ammonium Nitrate (12 August 2013). More...

Current National Consultations
Review of the mandatory standard for motorcycle helmets - public consultation. Submissions close 2 September 2013 Hosted by the Product Safety Australia

Cases

Inspector Spence v Multiplus Group Pty Ltd (ACN 132 085 824) [2013] NSWIRComm 69
Multiplus Group Pty Ltd (ACN 132 085 824) is convicted of the offence and fined $110,000 with a moiety to the prosecutor. OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 (the Act) - pleas of guilty to an offence under s 10(1) of the Act (corporate defendant) and s 10(1) by virtue of s 26(1) of the Act by the director - worker seriously injured after falling 3.7 metres through an unsecured penetration onto a concrete floor - objective factors - subjective factors - whether corporate defendant has limited financial capacity to pay a fine - respective culpabilities of defendants - roles of co-defendants in circumstances of offences – orders. More...

Inspector Estreich v Cement Australia (Kandos) Pty Limited (ACN 004 158 972) [2013] NSWIRComm 65
Cement Australia (Kandos) Pty Limited is convicted of the offence and fined $100,000 with a moiety to the prosecutor; OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 ("the Act") - pleas of guilty to offences under s 10(2) and s 8(1) of the Act - worker fatally injured while undertaking an inspection of a component part of a cement processing plant at premises at Kandos - omissions on part of both defendants to install fixed guarding - other acts and omissions alleged - objective factors considered - subjective factors considered - respective roles of defendants in the circumstances of the offences considered - Victim Impact Statement – Orders. More...

Legislation

Commonwealth

Poisons Standard 2013
This standard substitutes the Poisons Standard 2012 and its amendments, and consists of the Standard for the Uniform Scheduling of Medicines and Poisons No.4 (the SUSMP 4), as set out in Schedule 1 of this standard (22 August 2013). More...

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