COVID-19 updates
SafeWork Australia
Navigating mental health through COVID-19
Dealing with the COVID-19 pandemic has been a stressful
time for all Australians. While employers might not be able to help
the stress workers are facing at home, they must eliminate or
minimise the risk to psychological health and safety at work as far
as is reasonably practicable (05 October 2020).
More...
NSW
Studying the impacts of COVID-19 on workplace mental
health
Employees and employers across NSW whose mental health has
been impacted by the onset of COVID-19 are being encouraged to take
part in a community consultation that will help drive how the NSW
Government supports people when they need help most (07 October
2020).
More...
Victoria
Health and Safety Month helping to navigate
COVID-19
WorkSafe has announced that the focus of its first fully
virtual Health and Safety Month will be helping employers and
workers navigate through coronavirus (COVID-19). Throughout
October, WorkSafe will offer 16 free online seminars to help
employers and workers maintain safe, healthy and connected
workplaces during the pandemic and beyond.
More...
In the media
HIA emphasises the importance of worksite safety during
National Safe Work Month
During Safe Work Month, HIA will launch a range videos and
resources on themes including safety basics, apprentices matter,
mental health safety and how HIA can help businesses meet their
safety obligations and maintain safe workplaces (01 October 2020).
More...
Maximum penalties imposed after fatal truck crash
A road maintenance company and its director have been
convicted and fined more than $466,000 after the death of a young
truck driver in West Gippsland in 2017 (08 October 2020).
More...
Worker dies after fall
A bindery finishing operator has died in hospital after
falling about 1.4 metres at a Clayton South marketing and printing
business on October 1 (06 October 2020).
More...
Ardent Leisure Limited fined $3.6m over Dreamworld
fatalities
After pleading guilty, Ardent Leisure Limited has been
sentenced in the Southport Magistrates Court in relation to Thunder
River Rapids Ride tragedy at Dreamworld on 25 October 2016, where
four people lost their lives. The defendant pleaded guilty to three
offences contrary to s.32 of the Work Health and Safety Act 2011
(28 September 2020).
More...
Plant and equipment safety on cotton farms — new
guide assists farmers
The recently released Cotton Industry Guide to Safety
2020/21 by Pro-Visual Publishing in conjunction with the NSCA
Foundation contains information regarding plant and equipment
safety, as well as other key safety issues pertinent to the
industry (06 October 2020).
More...
Free safety first videos for transport released
Workplace Health and Safety Queensland has given prime
space to the road transport industry as part of October's
National Safe Work Month. This has taken on greater importance in
2020 due to the repercussions of COVID-19 upon the working lives of
all Australians (01 October 2020).
More...
Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 24 September, there have been 113 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
Comcare: Transition to GHS Revision 7 delayed
(News)
Australia will begin a two-year transition to the Globally
Harmonized System of Classification and Labelling of Chemicals
Revision 7 (GHS 7) from 1 January 2021 (28 September 2020).
For more information, Safe Work Australia's
website has information to help businesses
understand the changes under GHS 7 and includes classification
and labelling requirements for workplace hazardous chemicals, and
the duties of manufacturers, importers, suppliers and end users.
You can also learn more about
chemical labelling and classification.
More....
NSW
NSW Safe Work Consultation: Help to improve mental
health at work
The draft SafeWork NSW Code of Practice for managing the
risks to psychological health is being developed to provide simple
and practical guidance for workplaces to promote improved mental
health. Individuals and organisations are invited to comment on the
consultation paper
here. An explanatory paper released with the draft Code. Go to
this page to access the draft Code and the explanatory paper.
Comments are due by October 31.
NSW Resources regulator: Practising certificates
required from 1 October 2020
From 1 October 2020 this year, individuals will only be
able to exercise a statutory function at a mine when they hold a
practising certificate. The
transitional arrangements that have allowed holders of
certificates of competence to exercise statutory functions will end
on 30 September 2020. Click
here for further information on practising certificates,
including how to apply
Queensland
WorkSafe Qld: Worker seriously injured falling from
trailer
In August 2020, a truck driver suffered serious injuries
falling from his trailer. Preventing a similar incident: A person
conducting a business or undertaking must ensure the provision and
maintenance of a safe system of work when loading and unloading
trucks.
More...
Switchboard wiring investigations
We recently investigated several incidents where
switchboard wiring had been damaged, resulting in active conductors
shorting to either earthed switchboard enclosures or neutral bars
inside the switchboard.
Three common mistakes were identified as contributing factors to
these incidents (30 September 2020).
More...
Uncontrolled movement of winch line | Business
Queensland
07 October 2020 | Petroleum and gas safety information
bulletin 12
Uncontrolled movement of winch line
Industry: Petroleum and gas.
More...
Uncontrolled truck movement due to brake fade | Business
Queensland
29 September 2020 | Mines safety alert 380
Uncontrolled Truck Movement Due to Brake Fade
Industry: Coal mines; Metalliferous mines Subject Vehicle collision
or failure.
More...
Victoria
EnergySafe magazine – Spring 2020
In this issue we address how ESV continues to meet its
regulatory responsibilities during coronavirus (COVID-19), announce
the introduction of a new licensing regime for line workers and
answer your electrical questions (30 September 2020). More...
ESV: Licensing lineworkers and CPD for electrical
workers
ESV will license lineworkers from 1 January 2021. As part
of the development of the new licensing regime, ESV has released a
regulatory impact statement and the associated regulations for
consultation.
Read more and download both documents. Information on
making a submission as part of the consultation process on
either licensing or CPD, may be found
here. We will be accepting submissions until September 25.
Cases
SafeWork NSW v Calibre Construction Group Pty
Ltd [2020] NSWDC
603
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury SENTENCING
–objective seriousness – deterrence – aggravating
factors – mitigating factors – capacity to pay a fine
COSTS – prosecution costs OTHER ORDERS – training order
made – work, health and safety undertaking order made.
SafeWork NSW v Royal Demolition & Excavation Pty
Limited [2020] NSWDC
598
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
– capacity to pay appropriate penalty COSTS –
prosecution costs OTHER – offender engaged in demolition and
ground levelling work – young labourer was run over by a
reversing excavator while bent over – absence of an adequate
risk assessment – failure to enforce an exclusion zone
– inadequate worker supervision, instruction and training
– failure to provide and enforce the use of high visibility
personal protective equipment – non-compliance with an
Improvement Notice.
SafeWork NSW v Lendlease Engineering Pty Limited;
SafeWork NSW v Bouygues Construction Australia Pty
Limited [2020] NSWDC
597
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
– capacity to pay appropriate penalty COSTS –
prosecution costs OTHER – worker was undertaking the task of
desludging flow balance tanks – worker suffered fatal crush
injuries after a sudden release of stored energy in a pressurised
piping system being used to pump waste water and sediment from the
construction of an underground tunnel to tanks on the surface
– absence of a Safety in Design process – failure to
provide a system that minimised uncontrolled release of energy
– failure to provide adequate welds attached to the pipe
support structure – failure to implement and enforce a Safe
Work Method Statement for desludging the flow balance tanks –
inadequate provision of information, instruction and training to
workers.
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.