In the media
Tree safety goes digital with new SafeWork NSW
campaign
A targeted digital campaign to promote safe tree work has
been launched by SafeWork NSW today, through sites like Facebook,
eBay and Gumtree. SafeWork NSW Acting Executive Director,
Operations, Tony Williams said the campaign aimed to raise
awareness about safety in an industry that suffered too many
serious injuries (26 April 2018).
More...
RSRT an industrial answer to a safety problem says
ALC
Safe rates and the Road Safety Remuneration Tribunal
(RSRT) remain hot-button topics in transport and
logistics, two years after it left the stage. The Australian
Logistics Council (ALC) says RSRT resurrection
suggestions are part of a continuing industrial campaign that will
do nothing to improve heavy vehicle safety (24 April 2018).
More...
Ricegrowers Ltd fined $260,000 following maintenance
worker's death
Agricultural processor Ricegrowers Ltd has been convicted
and fined $260,000 following the death of a maintenance worker at a
stock feed plant in Tongala. Ricegrowers pleaded guilty to one
count of failing to provide or maintain plant that was, so far as
reasonably practical, without risks to health and safety (24 April
2018). More...
Workplace study unveils mega trends
A new study released by Safe Work Australia and the
Commonwealth Scientific and Industrial Research Organisation's
(CSIRO) Data61 group reveals that robots and
automation generally will make work safer for future generations
(23 April 2018).
More...
NatRoad says no pay-safety link
There is no link between how much truck drivers are paid
and how safely they drive, the National Road Transport Association
(NatRoad) has reiterated in a rejection of claims
made by the Transport Workers Union of New South Wales (23 April
2018).
More...
Central Coast company fined after worker injured in
fall
A Central Coast kitchen cabinet manufacturer has been
fined after a Wyong man was injured when he fell 4.5m from a cool
room, Minister for Better Regulation Matt Kean said. Wholesale
Joinery Pty Ltd was fined $120,000 in the Sydney District Court (23
April 2018).
More...
Concerns over unsafe working conditions in prisons
A state-wide strike last week highlighted overcrowding
within NSW prisons, the need to address recidivism, and a shortage
of support services, an expert says (20 April 2018).
More...
Crane driver charged with manslaughter over Canberra
hospital construction death
The Work Safe ACT says risks were "obvious and
ignored" in the lead-up to the death of a 62-year-old worker
during the construction of the University of Canberra Public
Hospital in 2016 (19 April 2018).
More...
'Sham' Work for the Dole program slammed after
teen's worksite death
The Work for the Dole program is a "sham",
putting young job seekers in unsafe and potentially deadly
situations, say unions, lawyers and the family of a teenager who
was killed on a Queensland worksite two years ago (19 April 2018).
More...
Australian-first mandatory labour hire laws now in
effect
With Queensland's pioneering mandatory labour hire
licensing laws starting this week, Industrial Relations Minister
Grace Grace has today launched the Labour Hire Licensing Scheme. Ms
Grace said "In the past there have been cases of workers being
underpaid or unpaid, being sexually harassed, forced to work
ridiculously long hours, housed in crowded, sub-standard
accommodation, or exposed to serious risks to their safety"
(17 April 2018).
More...
Broken Hill mine prosecuted by the Resources
Regulator
A mine operator has been fined $500,000 following an
investigation and prosecution by the Resources Regulator relating
to the serious injury of a worker at the Perilya Broken Hill
Southern Operations Mine in 2012. Perilya Broken Hill Limited was
convicted of a Category 2 offence for failing to comply with a
health and safety duty under the Work Health and Safety Act
2011 (16 April 2018).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 20 April, there have been 40 Australian workers
killed at work in 2018.
More...
SafeWork Australia: Workplace Safety Futures
We partnered with CSIRO's Data61 to produce a new
report, Workplace Safety Futures. The
report explores the impact of emerging trends on WHS
and workers' compensation over the next 20 years. Learn more
about the future of work by reading the report on the
Data61 website (19 April 2018).
In practice and courts
SafeWork Australia - Revised version: Australian Work
Health and Safety Strategy 2012-2022
We have published a revised version of the Australian
Work Health and Safety Strategy 2012-2022 to ensure it continues
making a difference in Australian workplaces.
Some minor language changes and more explicit
reference to workplace bullying, harassment and occupational
violence will keep the Strategy relevant for the next five years
(24 April 2018).
More...
NHVR: EWDs get the green light
The NHVR will accept applications for approval for Electronic Work Diaries (EWDs) from May 28, after releasing the final consultation. More...
Australian Government inquiry into workplace health and
safety (WHS): consultation
The inquiry will examine the framework surrounding the
prevention, investigation and prosecution of industrial deaths in
Australia. Status: Accepting Submissions, closing on 06 June 2018,
Reporting Date: 20 September 2018.
More...
NHVR: Survey to measure industry's safety
management
The NHVR will use feedback from a new safety survey to
measure how the industry manages safety and provide an update on
preparations for changes to Chain of Responsibility laws later this
year. The survey was launched today and will close May 9. All
responses to the survey are anonymous. More...
Release of draft Industrial Chemicals Rules and
Categorisation Guidelines
An exposure draft of the rules and guidelines with
explanatory notes are now available. Consultation is open until 4
May 2018. More...
Queensland
WorkCover Queensland: Regulation of the labour hire
industry in Queensland
Queensland will establish a mandatory labour hire
licensing scheme from 16 April 2018 to protect labour hire workers
and safeguard labour hire providers that are ethical and
responsible.
Find out more,
read the frequently asked questions, or
register for updates on the development of the scheme and
subordinate legislation.
More...
Note: The regulation amends Division 3 Work health and safety and workers compensation obligations - 7 Information about work health and safety and workers compensation obligations—Act, s13.
Victoria
WorkSafe Victoria: Safety Soapbox 20 April 2018
Access the April 20 edition of Safety Soapbox
Safety Soapbox 20 April 2018 - the list of reported incidents
can be downloaded from the page.
Cases
Australian Building and Construction Commissioner v
Construction, Forestry, Maritime, Mining and Energy
Union (The Bruce Highway Caloundra to
Sunshine Upgrade Case) [2018] FCA 553
PRACTICE AND PROCEDURE – urgent interlocutory
injunction – alleged contraventions of the Fair Work Act
2009 (Cth) by union and union officials – serious
question to be tried – balance of convenience.
INDUSTRIAL LAW – where union officials sought to enter site
pursuant to rights under s81(3) of the Workplace Health and
Safety Act 2011 (Qld) – where union officials did not
produce federal entry permits – whether Pt 3-4 Div 3 of the
Fair Work Act 2009 (Cth) applies to entry under s81 of the
Workplace Health and Safety Act 2011 (Qld) – alleged
contraventions of ss494, 497 and 500 of the Fair Work Act
2009 (Cth).
Petrus Paulus Hendrikus Johannes Janssen v South
Western Sydney Local Health District [2018]
NSWIRComm 1022
Victimisation application - applicant alleged he was
victimised by the respondent because he made complaints about
workplace matters – suspension during investigation
constitutes detrimental action - evidence of decision-maker about
reason for suspension – assessment of risks of remaining in
workplace - s210(2) presumption rebutted – complaints not a
substantial and operative reason - application dismissed.
Safe Work NSW v EC Throsby Pty Ltd; Safe Work v Mondex
Group Pty Ltd [2018] NSWDC 102
CRIMINAL LAW – work health and safety offence
–offence of exposing employee to risk of death or serious
injury SENTENCE – plea of guilty – statement of agreed
facts - appropriate penalty – applicable discount for plea of
guilty – no prior convictions. SENTENCE PRINCIPLES –
parity – totality – mitigating factors –
aggravating factors - circumstances – objective seriousness
– specific deterrence – general deterrence –
community values – remorse – contrition – timing
of plea of guilty – prospects of rehabilitation –
utilitarian value of plea of guilty – fine – capacity
to pay – consideration of victim impact statement. WORK
HEALTH AND SAFETY – appropriate training of employee –
experience of employee – work to be undertaken - disabling of
proximity switch - WORDS AND PHRASES – injury to victim
– injured worker – arm injury – laceration
– compound fracture – severed tendon
Safe Work NSW v Wholesale Joinery Pty
Limited [2018] NSWDC
91
CRIMINAL LAW – work health and safety offence
–offence of exposing employee to risk of death or serious
injury SENTENCE – plea of guilty – statement of agreed
facts - appropriate penalty – applicable discount for plea of
guilty – no prior convictions. SENTENCE PRINCIPLES –
parity – totality – mitigating factors –
aggravating factors - circumstances – objective seriousness
– specific deterrence – general deterrence –
community values – remorse – contrition – timing
of plea of guilty – prospects of rehabilitation –
utilitarian value of plea of guilty – fine – capacity
to pay – consideration of victim impact statement. WORK
HEALTH AND SAFETY – appropriate training of employee –
experience of employee – work to be undertaken. WORDS AND
PHRASES – injury to victim – injured worker –
fall from height
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Australian Precast Pty Ltd 053 770 200 19/04/2018
Crush injuries; Failure to provide a safe system of work;
Manufacturer offences Occupational Health and Safety Act 2004
21(1)&(2)(a); Dandenong Magistrates Court.
Cornerstone HR Pty Ltd 145 074 102 18/04/2018
Crush injuries; Failure to conduct a risk/hazard
assessment; Failure to conduct a risk/hazard identification;
Failure to provide a safe system of work; Guarding; Labour hire;
Unguarded plant; Plant Occupational Health and Safety Act 2004
21(1)&(2)(a); Broadmeadow Magistrates' Court.
PJL Building Group Pty Ltd 606 368 012 17/04/2018
Failure to provide a safe system of work; Falls/work at
height offences; High risk construction work Occupational Health
and Safety Act 2004 21(1)&(2)(a); Melbourne Magistrates'
Court.
Vicrig Pty Ltd 114 869 591 17/04/2018
Crush injuries; Elevated work platform; Failure to
prepare a SWMS; High risk construction work Occupational Health and
Safety Act 2004 21(1)&(2)(e); 21(1); Heidelberg
Magistrates' Court.
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.
