COVID-19 updates
Helping small businesses create COVID-safe
workplaces
??The Morrison Government is supporting multicultural
business owners to safely re-open, with fact sheets on running
COVID-safe workplaces now available in 63 languages. One-third of
Australian small businesses are run by migrants and we want to see
their businesses safely re-opening and their staff safely back at
work (22 May 2020).
More...
Australian workplaces adopt physical distancing but few
other Covid-19 safety measures, poll finds
A UComms poll of workers finds the majority of employers
have implemented physical distancing practices but further steps to
make workplaces safe against Covid-19 such as hygiene measures,
pandemic leave and a plan to respond to positive cases are rare (21
May 2020).
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Safe Work Australia guidance on lifts
The Property Council of Australia has welcomed the updated
guidance from SWA on the 'COVIDSafe' use of lifts in office
buildings. 'The new guidelines on lift usage are sensible and
practical, and give our building owners, managers and their tenants
the certainty they need to plan their return to the office in
coming weeks (20 May 2020).
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Face masks, but no social distancing: Are Qantas'
coronavirus measures good enough
There are concerns that the raft of coronavirus-era
hygiene and safety measures announced by Qantas may not be enough
to satisfy travellers and flight staff (20 May 2020).
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Small businesses urge simple, safe and affordable
OH&S rules for 'COVIDSafe' trading
Small business owners risk being non-compliant with
coronavirus occupational health and safety
(OH&S) regulations unless official advice from
state and federal regulators can be simplified, says the peak body
representing the sector (19 May 2020).
More...
Funding plan to spread infection skills
The Australian, State and Territory Governments have
agreed to jointly invest in a new $80 million infection control
training fund. Senator Cash said the fund would enable the rollout
of new infection control short courses available by 01 July, the
first national training product developed by the new Australian
Industry Skills Emergency Response Sub-Committee in response to
COVID-19 (19 May 2020).
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ANU study highlights job security and safety
anxieties
A recent study has found that two-thirds of Australians
are worried about their own and others' safety, and confirmed
the toll of COVID-19 on mental health (18 May 2020).
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NSW watchdog issues zero prohibition notices during
inspections
The New South Wales Resources Regulator has found that
mine operators responded to the risks of coronavirus quickly and
appropriately during inspections (15 May 2020).
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APSC sets scene for return to offices
The Australian Public Service Commission
(APSC) has issued a Circular calling on Agency
heads to implement a transition plan to return employees to their
usual workplaces in the wake of the COVID-19 pandemic (14 May
2020).
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AIS guide to see safe return of sport
The Australian Institute of Sport
(AIS) has released its AIS Framework for Rebooting
Sport in a COVID-19 Environment to help Australians safely return
to sport during the current pandemic (11 May 2020).
More...
OFSC: Supporting the Mental Health of Workers During
COVID-19
Managing the mental health of workers is an ongoing
challenge and the added pressures of COVID-19 restrictions have the
potential to negatively impact the mental health of workers (19 May
2020).
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OFSC: Special OFSC Industry Reference Group (IRG)
meeting – Examples of COVID-19 response actions
The FSC's Industry Reference Group held a special
meeting late last month to exchange information and experience in
managing COVID-19 in the building and construction industry (13 May
2020).
More...
APSC circular 2020/5 preparing for a COVID-safe
transition for APS workplaces
The APSC says that in developing their transition plans,
Agency heads need to review the balance between working from home
and returning to usual workplaces, ensuring the health and
wellbeing of their staff along with Agency productivity, and the
delivery of essential services. APSC Circular 2020/5 can be
accessed at this
PS News link (14 May 2020).
Safe Work Australia: Office physical distancing
Page last updated: 21 May 2020
Includes lifts and office 4 square metres of space per person
requirements.
More...
Safe Work Australia: COVID-19 workplace guidance
The
Safe Work Australia website is continually being updated to
provide a central hub of work health and safety guidance and tools
to help Australian workplaces manage the health and safety risks
posed by COVID-19. This week there is new information for:
Hairdressers and Barbers and
Real estate.
Go to the
COVID-19 Information page to check for a number of industries,
and also general information (updated 21 May 2020).
Icare workforce sustainability: COVID-19 recovery
A new icare employer toolkit identifies the top three
areas employers can focus on to help their employees feel safe in
coming back to work: Good leadership; Consistent and clear
communication and best practice support. Alongside the employer
toolkit, icare has produced a research report on the effects of
public health events (epidemics and pandemics) on workforce
sustainability (21 May 2020).
More...
In the media
Mine safety inquiry probes underground coal mine
issues
A mine safety board of inquiry will investigate more than
40 methane gas incidents in Queensland's underground coal mines
since mid-2019 (21 May 2020).
More...
Parliament supports jail for bosses on mine deaths
Australia's toughest mine safety laws passed in
Queensland Parliament with executives facing up to 20 years'
jail if Queensland mine and quarry workers die because of their
criminal negligence (20 May 2020).
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Hazelwood Power fined $1.56m after mine fire
The operator of Hazelwood mine, Hazelwood Power
Corporation Pty Ltd, was fined a total of $1.56 million for
breaches of the OHS Act after a major fire that burned for several
weeks in 2014. The company was last November found guilty of 10
charges following an eight-week jury trial in the Supreme Court (19
May 2020).
More...
New app allows NSW workers to anonymously report safety
issues
A new app launched by SafeWork NSW allows workers to
anonymously report workplace health and safety issues by sending
photos of unsafe practices on the site directly to SafeWork (18 May
2020).
More...
QMI takes control of Grosvenor accident scene
The Queensland Mines Inspectorate (QMI)
is progressing an investigation into a gas ignition event that shut
down Anglo American's Grosvenor coal mine earlier this month
(15 May 2020).
More...
AMMA to equip employers with mental health
assistance
Australian Resources and Energy Group AMMA has launched an
online program for psychological health and safety across resources
workplaces (11 May 2020).
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Sentence imposed in case involving tragic nitrous oxide
mix-up
Christopher Turner was convicted and fined $100,000 after
pleading guilty to a breach of the Work Health and Safety Act 2011
after the death of one baby and serious injury of another at
Bankstown-Lidcombe Hospital in 2016 (11 May 2020).
More...
'Unacceptable' coal mine explosion to be
investigated by independent board of inquiry
A former judge or Queen's Counsel is to be selected to
head up an independent board of inquiry into a Queensland coal mine
explosion that critically injured five workers (11 May 2020).
More...
Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 7 May, there have been 70 Australian workers killed
at work in 2020. 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
NSW
Safework NSW: Traffic control work
Information on the changes to the Work Health and Safety
(Traffic Control Training) Regulation was made on 20 December 2019,
with the Traffic Control Training scheme transitioning from
Transport for NSW to SafeWork NSW. The new regulatory scheme will
commence from 1 July 2020.
More...
Queensland
WorkCover Qld: Falls from work platforms
Fall hazards are found in many workplaces where work is
carried out at height, for example working on a roof. In managing
the risk of falls, the Work Health and Safety Regulation 2011
requires specific control measures to be implemented, where it is
reasonably practicable to do so (21 May 2020).
More...
WorkCover Qld: Roof falls
Falls are a major cause of death and serious injury at
workplaces. Risk of falling is common for many work activities. The
risk of serious injury from a fall depends mainly on the height and
surface (15 May 2020).
More...
Workplace Health and Safety Queensland
From 1 July 2020 in Queensland, the workplace exposure
standard for respirable crystalline silica will be halved from a
time-weighted average airborne concentration of 0.1 milligram per
cubic metre (mg/m3) to 0.05 mg/m3.
You should review current work practices – you may need to
improve dust control measures to meet the new standard. Visit our
website to find out more and for practical controls for
workplaces.
Victoria
ESV: Type 27 LPG cylinder valve and revision of AS/NZS
5601.1 and AS/NZS 5601.2
Standards Australia has published two public comment
drafts relating to AS/NZS 5601.1 and AS/NZS 5601.2.
In addition to the references to the new LPG
cylinder valve connection, the revision includes the following
proposed changes outlined here. The public comment period closes on
16 June 2020. The draft standards can be
downloaded and public comment can be submitted via
Standards Australia (21 May 2020).
WorkSafe Victoria: Safe selection and use of flexible
hose assemblies
Safety Alert 19 May 2020
WorkSafe is issuing a reminder about the risks with using
unsuitable flexible hose assemblies at dangerous goods facilities
following two recent incidents that resulted in loss of
containment.
More...
Two fatal falls in construction within a seven day
period
Safety Alert 12 May 2020
WorkSafe is issuing a reminder about the potentially deadly risks
associated with working from heights without adequate fall
protection, after two construction employees have died in separate
incidents.
More...
WorkSafe Victoria: Employee crushed by stone slabs in
shipping container
Safety Alert 11 May 2020
WorkSafe is issuing a reminder about the dangers associated with
unloading objects from shipping containers, following a recent
incident where an employee was crushed and killed unloading stone
slabs.
More...
Safety soapbox May 2020
Date Published: 20 May 2020.
More...
Cases
Safety soapbox May 2020
Date Published: 20 May 2020.
More...
Fraser v SafeWork NSW [2020]
NSWCATAP 92
APPEAL – access to information – responses to
questions in investigation – secrecy provisions –
whether disclosure could reasonably be expected to constitute
contravention of any other Act – balancing of public
interests against disclosure and public interests in favour of
disclosure – whether failure to exercise jurisdiction –
whether administrative review task properly undertaken.
SafeWork NSW v Grasso Consulting Engineers Pty Ltd;
SafeWork NSW v Grasso (No 2) [2020] NSWDC
188
SENTENCING – objective seriousness – deterrence -
mitigating factors – capacity to pay a fine –
costs.
Director of Public Prosecutions v Hazelwood Power
Corporation Pty Ltd (Sentence) [2020] VSC
278
CRIMINAL LAW – Sentence – Occupational health
and safety offences – Risk to the health and safety of
employees and non-employees – Risk arising from mine fire
– Whether risk materialized in 2014 Hazelwood mine fire
– Occupational Health and Safety Act 2004 (Vic) ss 21 and 23
– DPP v Amcor Packaging Australia Pty Ltd [2005]
VSCA 219; (2005) 11 VR 557; Dotmar EPP Pty Ltd v The Queen
[2015] VSCA 241; DPP v Frewstal Pty Ltd [2015] VSCA 266;
(2015) 47 VR 660; DPP v Vibro-Pile (Aust) Pty Ltd [2016]
VSCA 55; (2016) 49 VR 676.
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Hazelwood Power Corporation Ltd - Melbourne Supreme Court
Occupational Health and Safety Act 2004 Section21(1);
(2)(c) & 23 Outcome 19 May 2020
Legislation
Queensland
Subordinate Legislation as made – 15 May
2020
No 68
Proclamation–Resources Safety and Health Queensland Act 2020
(commencing remaining provisions)
No 69
Natural Resources, Mines and Energy Legislation (Safety and Health)
Amendment Regulation 2020
No 70
Explosives Legislation (COVID-19 Emergency Response) Regulation
2020
The policy objectives of the Regulation are to: Provide short-term
relief for fireworks contractors and fireworks operator licence
holders affected by the COVID-19 pandemic by deferring licence
renewal costs; provide more flexibility for the renewal of shot
firer occupational explosives licences.
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.