COVID-19 updates
Can Australian businesses force customers to wear a
mask? Here's what the law says
Australian law, quite simply, says that private landowners
or occupiers can take reasonable steps to protect themselves, their
employees and people on their property. So it would be legal for
businesses - including cafes and supermarkets - to make it a
condition of entry that customers wear a mask and sanitise their
hands (16 July 2020).
More...
NSW businesses must follow the state government's
COVID safety warnings and public health orders or risk a penalty of
up to $55,000
More than 117,500 COVID safety plans have been downloaded
in less than a month but businesses also need to register to
provide customers with confidence. Whether it's a café,
construction business, cinema or sports club, all organisations
must ensure the safety of staff and customers. There are no more
excuses (08 July 2020).
More...
Safe Work Australia: New COVID-19 work health and safety
information hub for small businesses
The new Small
Business Hub has tailored information and tools to help
businesses manage risks
from COVID-19 and keep people safe at the workplace. The hub has
guidance and resources for businesses transitioning back to usual
operations as restrictions ease, as well as businesses that have
been able to stay open safely.
COMCARE WHS duties and notifications - 09 July
2020
Extensive guidance is available on the Comcare website to
help employers and workers meet their work health and safety
obligations during the pandemic. In particular, Comcare is
reminding employers to notify Comcare of all confirmed COVID-19
cases that are work-related and arise from the business or
undertaking. A range of advice is available to support employers
and employees, including:
Comcare's approach to regulation
Incident notification
Managing workplace risks
Working from home
Workers' compensation and rehabilitation
Mass infrared scanning to tackle workplace
infection
Infrared thermography scanning technology is being rolled
out in three Australian states to safeguard organisations from
COVID-19 and flu infection breakouts within shared office
environments.
More...
In the media
Employers have been put on notice – sexual
harassment is an occupational hazard
Australia's high court has committed to change its
internal practices, but there are millions of people in other
industries who deserve safe work environments (15 July 2020).
More...
Improving safety for Victorian farms
A newly established Farm Safety Council is providing
advice to the Victorian Government and agriculture sector on how to
reduce injuries and deaths of people on farms in Victoria (14 July
2020).
More...
Worker's severe bulldozer injuries land company
$375K fine
The court found that the implementation of a safe work
procedure for bulldozers fitted with the winch system and the
provision of information, instruction and training to workers in
the procedure did not involve significant cost to the Defendant (13
July 2020).
More...
Authority appoints fire safety engineer
The Victorian Building Authority has appointed Weng Poh as
its Principal Fire Safety Engineer in a bid to raise the issue of
fire safety among the state's 24,000 builders, building
surveyors and other practitioners (13 July 2020).
More...
Queensland Government cracks down on unlicensed
electrical work
Unlicensed electrical work is extremely dangerous and
illegal and the Queensland Government will actively pursue all
available options to bring offenders to justice. Head of the
Electrical Safety Office Donna Heelan said a blitz on unlicensed
work being advertised and performed via online platforms has
already produced results (10 July 2020).
More...
WorkSafe ACT commences operations as independent
entity
WorkSafe ACT commences operations as independent entity.
The new and independent WorkSafe Australian Capital Territory
(WorkSafe ACT) has commenced operations with the launch of the new
Office of the Work Health and Safety Commissioner and the release
of a Statement of Expectations from the Minister for Employment and
Workplace Safety (08 July 2020).
More...
Glencore executes Mount Isa remote inspections
The University of Queensland has extended the use of its
remote plant inspection technology to Glencore's Mount Isa
copper and zinc-lead-silver mines in Queensland (06 July 2020).
More...
NSW watchdog pushes operators to raise fatigue
management standard
The New South Wales resources regulator has urged mine
operators to manage the risk of worker fatigue after assessing 10
underground metalliferous mines across the state (06 July 2020).
More...
Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 2 July, there have been 91 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
SafeWork Australia: New guide: Storage of flammable
liquids
Safe Work Australia has published a new guide on the
storage of flammable liquids for small to medium sized businesses.
The guide includes an example of a business that uses and stores
flammable liquids, and provides advice about workplace placarding
for businesses storing large quantities of flammable liquids.
Read and download the Storage of flammable liquids guide (09
July 2020).
More...
SafeWork Australia: Practical resources to reduce
prolonged sitting when working from home
Safe Work Australia is proud to support BeUpstanding – a free
evidence-based program designed to address the WHS risks
associated with prolonged sitting (08 July 2020).
More...
Fact sheet and FAQs for consumers
The new
fact sheet and answers to
frequently asked questions will assist people to decide whether
to wear a mask in the community, and provide advice on how to use
face masks safely.
NSW
NSW Safe Work: Steel girder crush fatality - 6 July
2020
A 34-year-old worker was killed after being crushed
between two steel girders. As one of the girders, nearly 30 metres
long and weighing almost nine tonnes, was being lifted by chain
slings, it shifted, crushing the worker. Consider 'reasonably
practicable' control measures to manage the risks associated
with lifting large or heavy loads (06 July 2020).
More...
Four mining compliance priorities
The Resources Regulator has published its
July - December 2020 Compliance priorities document which sets
out the key compliance priorities for the next six months.
Publishing this document serves to increase transparency, community
and industry confidence in regulatory activities and increase
levels of voluntary compliance.
Between July and December this year the Regulator aims to complete
four compliance priorities targeting: Respirable dust (revision to
the exposure standards); Progressive rehabilitation; Subsidence
management and Non-reporting of incidents.
Victoria
Worksafe Victoria safety alert: Rock fall hits employee
during ground support activity of an underground development
heading
Worksafe is issuing a reminder about the importance of
managing the risks associated with rock falls whilst developing
headings in underground mines (06 July 2020).
More...
Cases
Construction, Forestry, Maritime, Mining and Energy Union v
Melbourne Precast Concrete Nominees Pty Ltd
[2020] FCA 931
INDUSTRIAL LAW – employment – adverse action
– employee dismissed after being appointed as health and
safety representative for the purposes of the Occupational Health
and Safety Act 2004 (Vic), making complaints to WorkSafe Victoria,
and taking personal leave – whether employer proved employee
was not dismissed for reasons alleged – whether
decision-maker was involved in contraventions
Fair Work Act 2009 (Cth) ss 12, 50, 340, 340(1)(a), 340(1)(b), 341,
341(1)(a), 341(1)(c)(i), 341(1)(c)(ii), 342(1), 360, 361, 539(2),
540(2), 540(6)(b), 550, 550(1); Federal Court Rules 2011 (Cth) rr
4.01(2), 16.07(2); Occupational Health and Safety Act 2004 (Vic) ss
2, 4, 7, 8.
Prosecution Result Summaries and Enforceable
Undertakings
George Weston Foods Limited
Bendigo Magistrates' Court; Occupational Health and
Safety Act 2004 Section21(1); 21(2)(a) & 21(2)(b) Outcome 15
July 2020
Legislation
Queensland
Subordinate Legislation as made – 17 July
2020
No 132
Work Health and Safety (Codes of Practice) (Stone Benchtop Industry
and Coal-fired Power Stations) Amendment Notice 2020
Disclaimer
The information in this publication is of a general nature and is
not intended to address the circumstances of any particular
individual or entity. Although we endeavour to provide accurate and
timely information, we do not guarantee that the information in
this newsletter is accurate at the date it is received or that it
will continue to be accurate in the future.
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.