In the media
Company fined $54,000 after elderly woman injured by
water tank
A company in Queensland and one of its officers have been
fined $54,000 after a woman was injured when a water tank being
delivered to her property struck her. Both defendants pleaded
guilty in the Brisbane Magistrates Court over breaches to section
32 of the Work Health and Safety Act 2011 for failing to comply
with its duty under s.19(2) (06 December 2019).
More...
Charges laid following milk processing plant death
WorkSafe has charged a Cobram engineering company, a
Bendigo crane hire company and a New Zealand engineer following the
death of a worker at a decommissioned cheese factory in
Leitchville, near Echuca (06 December 2019).
More...
Brisbane builder fined over work safety breaches
A Brisbane builder was fined $24,000 this week over
breaches of Queensland work safety laws. The company was sentenced
in the Holland Park Magistrates Court for three breaches of section
193 of the Work Health and Safety Act 2011 for failing to comply
with improvement notices issued by Workplace Health and Safety
Queensland (05 December 2019).
More...
Fatal fall at tourist attraction in Queensland
In October 2019, a patron died, and another was seriously
injured while using a zipline attraction as part of a rainforest
adventure tour. A person conducting a business or undertaking has
duties under WHS legislation to ensure theprovision and maintenance
of a work environment without risks to health and safety including
safe systems of work (04 December 2019).
More...
Charges laid after assault on youth justice worker
WorkSafe has charged the Department of Justice and
Community Safety for alleged health and safety breaches.
Two charges have been filed at the Melbourne Magistrates' Court
under section 21 of the Occupational Health and Safety Act, for
failing to provide and maintain a working environment that was safe
and without risks to health (03 December 2019).
More...
No stone unturned in major strategy on silicosis
risks
A cross-industry strategy lead by SafeWork NSW has
dramatically increased awareness of silicosis and standardised
practices of exposure prevention (02 December 2019).
More...
Electrical licensing disciplinary action in
Queensland
The Electrical Licensing Committee has disqualified an
electrical worker from holding an electrical work or contractor
licence for five years. He had advertised his services online to
perform unlicensed electrical contracting work (29 November 2019).
More...
Rumble strips a welcome improvement to roadwork
safety
Rumble strips help keep workers and motorists safe around
roadwork sites and are a simple way to remind drivers and motorists
that they are in a higher risk area. (29 November 2019).
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NSW mining and petroleum WHS laws up for review
NSW mining and petroleum work health and safety laws and
regulations will be back under the microscope next year for their
five-yearly review (29 November 2019).
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Innovation and intervention to prevent workplace
accidents
Construction sites, hazardous chemical facilities and
sites with mobile plant equipment are some of the workplaces
targeted in a new High-Risk Workplaces Strategy launched by the NSW
Government (29 November 2019).
More...
Paint manufacturer ordered to upskill senior staff in
safety
An industrial paint mixing and manufacturing company, MMP
Industrial Pty Ltd, was ordered to provide essential safety
training to key staff after a worker was seriously burnt during
cleaning activities. MMP Industrial was also fined a total of
$75,750 for two breaches of the Work Health and Safety Act 2011 (29
November 2019).
More...
Industrial gas and liquid supplier fined $200,000 after
worker dies from hose whipping
A large national company with ties to an international
entity which specialises in the manufacturing and supply of
industrial gases was recently fined $200,000 for a breach under
section 32 of Queensland's Work Health and Safety Act 2011 (28
November 2019).
More...
Safe Work Australia urges caution on swimming pool
chemical OHS
Safe Work Australia recently released a new information
sheet for storing swimming pool chemicals for small and medium
businesses which do not have major chemical stores/expertise in
managing the risks of chemical storage (28 November 2019).
More...
Qld mechanical services providers require new
licence
From 1 January 2020, Qld mechanical services contractors,
nominee supervisors and those finishing relevant apprenticeships
must hold a mechanical services licence (27 November 2019).
More...
HIA: Workplace Manslaughter Bill Passed
The Victorian Government has passed the Workplace Safety
Legislation Amendment (Workplace Manslaughter and Other Matters)
Bill 2019. The Bill inserts a new workplace manslaughter offence
into the Occupational Health and Safety Act 2004 (27 November
2019).
More...
Companies charged following crane death
WorkSafe has charged a North Melbourne construction
company and a Thomastown crane hire company following the death of
a worker crushed by a concrete kibble at a building site in Box
Hill (27 November 2019).
More...
SafeWork NSW to visit transport industry to warn of fall
risks
SafeWork NSW inspectors will be visiting businesses in the
transport, distribution and warehousing sectors across
Sydney/Metropolitan area as part of Falls from Heights Advisory
Program aimed at reducing injuries related to falls (27 November
2019).
More...
Hazelwood Power guilty after mine fire, court
rules
Hazelwood Mine's operator has been convicted after it
exposed workers and the public to dangerous conditions during a
major fire in 2014 (26 November 2019).
More...
Queensland contemplates prosecution for safety
breach
Queensland's Mines Inspectorate has reiterated a zero
tolerance stance for unsafe practices in light of two fatal
incidents at Jacks Quarry near Collinsville and Fairfield Quarry
near Clermont last year (25 November 2019).
More...
Published – articles, papers, reports
ABCC industry update November-December 2019
edition
This issue includes; ABCC findings from zero drugs and
alcohol on building sites campaign; Securing payments for
subcontractors and Wages and entitlements - proper record keeping
(26 November 2019).
More...
Safe Work Australia fatality statistics
As at 21 November, there have been 144 Australian workers
killed at work in 2019. 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
Safework Australia Managing risks of storing chemicals
in the workplace: Guide
If you store, handle or use hazardous chemicals at your
workplace you need to have a
hazardous chemical register. Note: A
manifest provides information on hazardous chemicals for use by
emergency services, and a
site plan helps emergency services by providing information
about the layout of the workplace (28 November 2019).
NSW
SafeWork NSW High-Risk Workplaces Strategy
The six-year strategy commits NSW to a 30 per cent
reduction in work related fatalities and a 50 per cent reduction in
the incidence of serious injuries, illnesses by 2022 (29 November
2019). More...
Building Information Modelling (BIM) for WHS
management
What is the best practice and implications of using BIM in
WHS management?
Timeline of project: Project completion: Mid 2021.
More...
Queensland
WorkCover Queensland: AS/NZS3012:2019 Electrical
installations - Construction and demolition sites
AS/NZS3012:2019 Electrical installations - Construction
and demolition sites was published on 4 November 2019. A six-month
transition period will apply until 4 May 2020 to allow electrical
contractors and workers time to gain an understanding of the new
requirements (05 December 2019).
More...
DNMRE Safety Alerts: Fire on explosive charge vehicle
while at a charged face | Business Queensland
04 December 2019 | Mines safety alert 369
An explosives charge vehicle containing explosives, caught fire
while at a charged face.
Industry: Coal mines; Metalliferous mines.
More...
WorkCover Queensland:Electrical Licensing Committee
September 2019 disciplinary outcomes
During September 2019, the Electrical Licensing Committee
held disciplinary hearings against five licence holders. The
committee's actions were in addition to fines and notices
already issued by the Electrical Safety Office (28 November 2019).
More...
WorkCover Queensland:eSAFE Construction - November
2019
Issuesd on 28 November 2019.
More...
WorkCover Queensland reminder: Concrete pumping Code of
Practice 2019
The Concrete pumping Code of Practice 2019 was
approved by the Minister for Education and Minster for Industrial
Relations and commenced on 2 December 2019. A
comparison table outlines the updates made. The
Concrete pumping Code of Practice 2019 will apply to anyone who
has a duty of care in relation to the carrying out of construction
work involving concrete pumping on or from 2 December 2019.
More...
Victoria
Energy Safe Victoria: Making new electricity safety
regulations
On 26 November 2019, the Governor-in-Council made the
following sets of regulations:
Electricity Safety (Management) Regulations 2019 to replace the
Electricity Safety (Management Regulations 2009; and
Electricity Safety (Cathodic Protection) Regulations 2019 to
replace the Electricity Safety (Cathodic Protection) Regulations
2009.
More...
Proposed Electricity Safety (Electric Line Clearance)
Regulations 2020
ESV invites interested parties to make comments on the
regulatory impact statement and proposed Regulations including any
proposed fees. Submissions must be received by 6 March 2020.
More...
Cases
Safework NSW v Orbit Formwork Pty Ltd
[2019] NSWDC 685
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 – appropriate penalty– COSTS - prosecution
costs– OTHER – fall from height over unprotected
edge
Orr v LD Operations Pty Limited
[2019] NSWDC 727
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 – appropriate penalty – COSTS –
prosecution costs– OTHER – underground coal mine
– collisions between transport vehicles and roof
infrastructure – resulting fracture of W-strap – driver
of transport vehicle injured by damaged W-strap
SafeWork NSW v Titan Cranes and Rigging Pty
Ltd [2019] NSWDC
714
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury – workers
injured – SENTENCING – aggravating factors –
mitigating factors – objective seriousness – general
deterrence –no record of previous convictions – good
prospects of rehabilitation – plea of guilty –
assistance to law enforcement authorities – remorse
Meade v Nillumbik Australia Pty Ltd & Anor
(Ruling) [2019] VSC
786
OCCUPATIONAL HEALTH AND SAFETY – regulations –
interpretation – regulations imposing duties on employers in
respect of any task involving a fall hazard or a risk of a fall
– 'Fall' defined to mean 'a person's
involuntary fall of more than 2 metres' – held that
regulations do not apply where the task involves no possibility
that the whole of the body of the employee will fall more than two
metres, measured vertically – held that regulations
inapplicable in this case – Occupational Health and Safety
Act 2004 - Occupational Health and Safety Regulations 2007, Part
3.3.
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Halpin Transport Pty Ltd Seymour Magistrates'
Court
Occupational Health and Safety Act 2004Section21(1) & 21(2)(a)
Outcome 29 Nov 2019
Brickwood (Dandenong) Pty Ltd Melbourne
Magistrates' Court
Occupational Health and Safety Act 2004 Section21(1) &
21(2)(a)Outcome 28 Nov 2019
APTL Beam Builders Pty Ltd Ringwood Magistrates'
Court
Occupational Health and Safety Act 2004 Section21(1) & 21(2)(a)
Outcome 28 Nov 2019
Mandalay Resources Costerfield Operations Pty Ltd Bendigo
Magistrates' Court
Occupational Health and Safety Act 2004 Section21(1) & 21(2)(a)
Outcome 27 Nov 2019
Gisborne Golf Club Incorporated Kyneton Magistrates'
Court
Occupational Health and Safety Act 2004 Section21(1) & 21(2)(a)
Outcome 25 Nov 2019
Legislation
Commonwealth
Industrial
Chemicals (General) Rules 2019
Tabled HR 03/12/2019 - These rules implement details of
the new regulatory scheme for the introduction of industrial
chemicals enacted by the Industrial Chemicals Act 2019 and the
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Act 2019
Victoria
Acts
Workplace Safety Legislation Amendment (Workplace Manslaughter and
Other Matters) Act 2019
Act Number: 50/2019 Date of assent: 3 December 2019
New Bills
Workplace Safety Legislation Amendment (Workplace Manslaughter and
Other Matters) Bill 2019
Legislative Council Passed 26/11/2019
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.