In the media
BHP ordered to pay record compensation for Newcastle
steelworks asbestos case
BHP Billiton has been ordered to make a record $2.2 million payout
to a man who was exposed to asbestos. The damages awarded are the
highest ever awarded [by the tribunal] in NSW and it's the
first time BHP has been ordered by the Dust Diseases Tribunal to
pay compensation to a former employee who was exposed to asbestos
as their Newcastle steelworks (31 July 2014).
More...
Paspaley Pearling charged by work safety watchdog over
pearl diver Jarrod Hampton's death
A two-year investigation into the death of a pearl diver off
Western Australia's Kimberley coast has culminated in a
criminal charge against the company, Paspaley Pearling (31 July
2014).
More...
Air transport industry reviews safety procedures after
MH17
Air transport leaders have been meeting in Canada to review air
safety since the shooting down of MH17. The industry wants better
intelligence sharing between governments so airlines can make
accurate and timely decisions about which routes are safe to fly
(30 July 2014).
More...
Mr Fluffy asbestos: Commonwealth ignored advice to shut
down company in 1960s
The Commonwealth was warned to shut down the Mr Fluffy asbestos
insulation company in 1968, but it continued to operate for another
decade, documents have revealed. A report from the occupational
health department recommended the federal government shut down Mr
Fluffy because "safety measures employed were against best
public health practice" (31 July 2014).
More...
Company directors push for stronger protections from
legal action
Australia's corporate boardrooms are pushing for greater
protection from investor lawsuits and criminal prosecution. Most
issues concerning directors' liability are not in that
legislation, they're at the state government level - things
dealing with environmental law, occupational health and safety (31
August 2014).
More...
Orica fined $768,000 over chemical spills and safety
breaches in NSW
The chemical company Orica has been fined $768,000 over a series
of chemical spills and safety breaches at two of its sites in New
South Wales (28 July 2014).
More...
Latest statistics show quad bike deaths may be
dropping
There's a hope the rate of deaths from farm accidents
involving four wheel motorbikes, known as ATV's, or quad bikes,
may be starting to decline (25 July 2014).
More...
Federal Court decision on damages means sexual
harassment litigation 'more likely'
Employees are more likely to litigate over sexual harassment at
work and be in line for bigger damages awards, following a landmark
decision. Typically courts have awarded general damages of $12,000
to $20,000, which was much lower than damages for similar cases
such as workplace bullying (23 July 2014).
More...
Farmers making safety a priority
Almost 9,500 NSW farmers have invested in safety improvements
through a WorkCover NSW program that aims to improve safety and
productivity in the sheep and beef cattle farming industry. This
program was undertaken following 5,465 injuries and illnesses,
including seven fatalities within the industry over the three years
to July 2012 (25 July 2014).
More...
Driller left wheelchair-bound by incorrect drilling
techniques
Ineffective risk management programs have been blamed for a drill
rig accident which left a 26-year old man with permanent spinal
injuries (25 July 2014).
More...
Blood borne virus consultation
The Pharmacy Board of Australia (PBA), with the 13 other national
boards of the Australian Health Practitioner Regulation Agency
(AHPRA) is consulting on draft guidance for health practitioners
infected with a blood-borne virus. The AHPRA said a number of
national boards had received feedback from employers,
practitioners, members of the public and board members that there
was a need for this (24 July 2014).
More...
The health dangers of fracking exposed
With massive reservoirs of oil and gas trapped in the rocks, the
oil industry is eager to get fracking, and governments around the
world are being pressured to allow it to go ahead without the
permission of the owners of the land. US evidence shows related
deaths, a soaring fatality rate and widespread over-exposure to
lung wrecking, cancer-causing dust, has raised seriously unhealthy
questions Hazards July 2014 Chemicals, dust and
deaths and the new rush for oil and gas.
Charges laid in relation to ACT workplace
fatality
Charges of Reckless Conduct, a Category One offence, have been
laid under the Work Health and Safety Act 2011, against a company
and a worker in relation to maintenance of a concrete boom, which
was undertaken in NSW. These are the first such charges under the
WHS legislation anywhere in Australia (23 July 2014).
More...
More...
SafeWork SA: Prevention is better than
prosecution
Prosecutions arising from unsafe work practices have been handed
down by the Industrial Court. Bellard Proprietary Limited pleaded
guilty of failing to maintain a safe workplace and has been fined
$100,000 over a teenager's fall down a lift shaft on his first
day of work (23 July 2014).
More...
Published – articles, papers, reports
OSH Legal resources Handbook
Asia Monitor Resource Centre (July 2014)
A guide to occupational injuries and disease in Asia, supplemented
with case studies, it aims to be a hands-on manual and provide an
overview of the working of the law and its implementation. Country
reports from 10 countries are included: from South Asia,
Bangladesh, Pakistan and India; from East Asia: China, Japan, and
Hong Kong; and from Southeast Asia: Cambodia, Indonesia, the
Philippines and Thailand. More...
Safe Work Australia Strategic Plan
2013-2016
The Safe Work Australia Act 2008 requires that Safe Work Australia
prepare a strategic plan at least once every three years (25 July
2014).
More...
Safe Work Australia Operational Plan
2013-2014
Safe Work Australia is required to prepare an operational plan for
each financial year. The plans include the activities that are to
be undertaken by Safe Work Australia in performing its functions
(25 July 2014).
More...
In practice and courts
New Comcare CEO and SRCC Chair announced
On Tuesday 22 July, the Coalition Government announced the
appointment of Ms Jennifer Taylor as the next Chief Executive
Officer of Comcare and Mr Barry Sherriff as the next Chair of the
Safety, Rehabilitation and Compensation Commission (SRCC) (28 July
2014).
More...
Global Worker watch online: worker fatalities and
injuries
A new online mapping project at the University of Texas School of
Public Health, the Global Worker Watch is
a living map of worker fatalities and catastrophes from around the
globe. The Global Worker Watch site also offers visitors
its data in the raw as well as a gallery of recent and historical
photos of workers from around the world (22 July 2014).
VWA: Safety Alert: Danger of freestanding masonry
walls
Advice for employers (and others) on managing risks associated
with freestanding masonry walls on construction sites. Unstable or
inadequately braced masonry walls expose workers and members of the
public to a risk of death or serious injury (July 2014).
More...
VWA: new Guide for Employers: preventing and responding
to work related violence
A new guide can be accessed from the
Occupational Violence topic information page on the VWA
website. In addition to this new guide, older guidance on client
initiated and external violence and additional information 'for
organisations where jobs that require face-to-face contact place
workers at risk of exposure to occupational violence' is
available from this page (July 2014).
VIC: Safety Soapbox (24 July 2014)
The last edition with the leading article written by Construction
Manager on what to expect from Workplace Inspection Reports. There
were 43 incidents were notified to the VWA for the period July 3
– 16 2014.
More...
QLD Workplace Health and Safety: Incident Alerts after two fatalities in one week, Workplace Health and Safety Queensland issued two alerts following fatal incidents with required regulation and safety measures require. One worker died after falling into a two metre deep trench which collapsed while being excavated to replace a sewer line and the second Incident Alert where a worker died after falling 5.3 metres from a roof of an industrial shed to the concrete floor below. More... More...
Australian Safety standards
DR AS 1735.1:2014
Lifts, escalators and moving walks - Part 1: General
requirements
Standards Australia
DR AS/NZS 1158.4:2014
Lighting for roads and public spaces - Part 4: Lighting of
pedestrian crossings
Standards Australia
Public Comment
Attorney-General's Department Consultation: toxic
chemicals of security concern
Australian businesses are invited to give views on options to
reduce the risk of
toxic chemicals being used in terrorist attacks in Australia.
Submissions in response to the Regulation Impact Statement are
available at: www.chemicalsecurity.gov.au/ris
The RIS is relevant to importers, distributors, transporters,
universities, hospitals, local councils, farmers, pest controllers,
hardware stores and any other business that manufactures, handles
or uses any of the 84 toxic chemicals of security concern.
Submissions close on27 August 2014.
Cases
Accord Australasia Limited and Director, Chemicals
Notification and Assessment Scheme [2014] AATA 504
Imposition of conditions of use - Whether Respondent has power to
impose condition of use - Whether reasonable for the Respondent to
find that, when used in cosmetics, these chemicals may pose an
unreasonable risk to health, safety and the environment - Chemicals
pose an unacceptable risk to human health and/or the environment -
Appropriate to limit the use of the chemicals to concentrations
known to be safe - Setting of volume limits not justified -
Definitive data required to justify the application of specific
conditions - Decision under review varied - Additional conditions
removed - Further assessment of the chemicals recommended. More...
Sullivan v Civil Aviation Safety Authority
[2014] FCAFC 93
ADMINISTRATIVE LAW – Civil Aviation Safety Authority –
whether the Administrative Appeals Tribunal was bound to apply the
principle in Briginshaw v Briginshaw [1938] HCA 34; (1938)
60 CLR 336 – whether the Tribunal erred in not requiring
compliance with the rule in Browne v Dunn (1894) 6 R 67
– whether notice was given in any event satisfying the rule
in Brown v Dunn and affording the appellant procedural
fairness. EVIDENCE – rules of evidence may provide guidance
to administrative tribunal – Administrative Appeals Tribunal
not bound by the rules of evidence Held: Appeal dismissed with
costs. More...
Cockburn v The Trust Company Ltd (No 2) [2014]
NSWDC 119
Verdict and judgment in favour of the plaintiff in the sum of
$402,973.25 against the second defendant. TORTS - Negligence -
driver-contractor injured when foot went through hole in grate -
duty of care - adverse inference insufficient to establish
liability of first defendant - second defendant occupier of roadway
sufficient to establish duty of care - leasehold arrangements -
used area in course of business - action and words of forklift
driver working on second defendant's premises - admission made
with authority - no contributory negligence on part of plaintiff -
unexpected problem - hole in surface otherwise sealed and even -
causation - hole there long enough to establish case in negligence
- damages - non economic loss - poor prognosis for recovery -
extensive impact of plaintiff's life - 30% of a most extreme
case - proof of negligence - credibility of evidence - plaintiff a
witness of truth - surveillance film consistent with medical
evidence, good work history and plaintiff working despite pain. More...
Dunning v BHP Billiton Limited [2014] NSWDDT
3
There will be verdict and judgment for the plaintiff in the sum of
$2,236,959.57. Dust diseases; mesothelioma; hether hierarchical
approach, giving priority to documents, to resolution of factual
issues dictated by authority; approach to the assessment of
witnesses; whether plaintiff was exposed to asbestos; whether
evidence may given by non-expert identifying asbestos; whether
injury to plaintiff employee foreseeable; state of knowledge,
actual and constructive, in 1979 of defendant concerning health
risks associated with exposure to asbestos; identity of person
within corporate defendant who had actual knowledge of health risks
from exposure to asbestos and whether defendant could dictate
identity of that person; whether on foreseeability of injury
defendant could rely on NHMRC standard to the exclusion of all
other learning; whether defendant could rely on advice that might
have been given by a reasonably competent occupational hygienist in
1979; whether defendant breached duty of care to plaintiff; whether
on breach of duty defendant could rely on NHMRC standard; whether
reasonable practical alternatives were available in blast furnace;
whether plaintiff's injury caused by defendant's negligence
(consideration of the cumulative effect mechanism of causation of
mesothelioma); whether defendant in breach of s41 of Factories,
Shops and Industries Act 1962; on damages, whether plaintiff being
in remission Malec v Hutton discount should be made for
possibility that mesothelioma may not recur; whether
plaintiff's damages should exclude aggravation or exacerbation
of his depressive condition resulting from the litigation. More...
Baker v Prescare (Corinda) [2014] QDC
159
Employment - negligence or breach of contract - whether unsafe
system of work or inadequate training, instruction or warnings -
pre-existing constitutional defects in plaintiff's shoulders -
whether any knowledge possessed by defendant of defects - quantum
(in absence of much substantive evidence). More...
Legislation
Commonwealth
Acts
G20 (Safety and Security) Complementary Act 2014
Legislative Instruments
CASA 158/14 - Direction — number of cabin
attendants in Boeing 737-800 series aircraft (Qantas Airways
Limited)
This instrument allows Qantas Airways Limited to operate an
Australian registered Boeing 737-800 series aircraft engaged in
regular public transport, or charter, operations if it carries one
cabin attendant for every 50 passenger seats or part of that number
(30 July 2014). More...
Food Standards (Proposal P1017 – Criteria for
Listeria monocytogenes – Microbiological Limits for Foods)
Variation
The Board of Food Standards Australia New Zealand gives notice of
the making of this variation under section 92 of the Food Standards
Australia New Zealand Act 1991 (29 July 2014). More...
Food Standards (Proposal P1014 – Primary
Production & Processing Standard for Meat & Meat Products)
Variation
This instrument amends the Food Standards in the Australia New
Zealand Food Standards Code. State and Territory laws govern the
slaughter and processing of animals for human consumption,
including of animals in the wild, and the preparation, packing,
transportation or storage of meat or meat products. These laws
require persons involved in such activities to comply with the
listed Australian Standards (29 July 2014). More...
Australia New Zealand Food Standards Code —
Standard 1.4.2 — Maximum Residue Limits Amendment Instrument
No. APVMA 7, 2014
This instrument amends the Australia New Zealand Food Standards
Code - Standard 1.4.2 - Maximum Residue Limits (Australia Only) to
include or change maximum residue limits pertaining to agricultural
and veterinary chemical products (28 July 2014). More...
Work Health and Safety Exemptions (Diving by members of
the Australian Defence Force) (July 2014)
This instrument grants an exemption from compliance with
sub-regulations 171(a) and 174(a) of the Work Health and Safety
Regulations 2011 to two classes of persons, namely, members of the
Australian Defence Force ('the ADF') who carry out, or
supervise general diving work ('ADF divers' and 'ADF
dive supervisors' respectively) (22 July 2014). More...
New South Wales
Proclamations commencing Acts
Road Transport Amendment (Licence Disqualification on Conviction)
Act 2013 No 57 (2014-479) — published LW 25 July
2014.
Regulations and other miscellaneous instruments
Road Transport (Driver Licensing) Amendment (High Performance Vehicle Scheme) Regulation 2014 (2014-465) — published LW 25 July 2014.
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.