In the media
WorkCover health and safety probe into AFL clubs on
hold
An investigation into alleged breaches of health and safety at 10
AFL clubs has slowed as the Victorian WorkCover Authority awaits a
decision by the Federal Court into the Essendon supplements probe.
The complainant cited the VWA's section 131 which compelled the
organisation to investigate (30 August 2014).
More...
Nine fatal quad bike accidents force rethink on safety
regulations
Quad bikes have overtaken tractors as the leading cause of death
on Australian farms and, with nine fatal accidents in Queensland
leading to an inquest that could trigger changes to safety
regulations even though some families of victims disagree with many
proposed reforms (28 August 2014).
More...
Workplace bullying: issues at common law
Crown Law has noticed a trend of a number of damages claims being
brought due to alleged bullying and harassment in the workplace.
These claims become problematic to defend when the employer has not
taken any steps, or not taken adequate steps, to investigate any
allegations of bullying and harassment (27 August 2014).
More...
MUA: Employers Say Preventing Injury and Death is too
Expensive
Safe Work Australia is moving a number of Codes of Practice -
including stevedoring and diving - to guidance material, meaning
employers will be under less scrutiny and therefore less compelled
to provide a safe working environment. MUA Assistant National
Secretary said it was unbelievable that the regulators would
consider softer regulation in the diving industry in the wake of
criminal charges being laid against Paspaley Pearling Company after
Jarrod Hampton, died on his second day at work two years ago (25
August 2014).
More...
Criminal charges to be laid over Canberra construction
site death
Criminal charges are to be laid over the death of a Yass man on a
Canberra construction site in 2011. A coronial inquest into the
death has previously heard there is a reasonable belief the grader
driver, his employer and supervisors on the site were criminally
responsible, and court summonses are expected to be issued to one
or more people (26 August 2014).
More...
WorkCover and Hansen Yuncken commit to safety during
hospital redevelopment
WorkCover NSW and Hansen Yuncken today signed an alliance to
provide a safe workplace during the Wagga Wagga Health Service
Redevelopment. The Acting General Manager of WorkCover NSW's
Work Health and Safety Division said the alliance was an example of
how WorkCover and industry could work together to achieve safer
workplaces (26 August 2014).
More...
Construction safety a focus on both sides of the
border
Victorian and NSW health and safety inspectors will be active
along the Victoria and NSW border this week in an ongoing campaign
to promote construction site safety in the region. Inspectors from
both states will work together to provide information and advice to
local builders, contractors and workers about construction site
safety requirements (25 August 2014).
More...
Call to give Fair Work compo powers over
bullies
A conference addressing the scourge of bullying has called on the
federal government to give the industrial umpire the Fair Work
Commission (FWC) powers to financially compensate both victims and
their families for damages suffered in workplace (21 August 2014).
More...
May 2014 Notifiable Fatalities Monthly Report now
available
There were 19 work-related notifiable fatalities during May 2014
— 13 male workers and 4 male bystanders, and 1 female worker
and 1 female bystander. Of these fatalities, 6 workers and 5
bystanders died as a result of incidents in the air or on public
roads (21 August 2014).
More...
Cootes faces more than $2m in fines for safety
breaches
A trucking company involved in a fatal accident in Sydney last
year faces more than $2 million in fines after a safety audit, a
court hears. The company was originally charged with more than 300
offences including operating unsafe vehicles, fuel leaks and
interstate registration matters (20 August 2014).
More...
BP crash sparks first NHVR safety and compliance
alert
The National Heavy Vehicle Regulator (NHVR) has pre-empted any
official findings on the fatal Wodonga tanker trailer crash for
safety reasons. Now the regulator has issued its first safety and
compliance alert to industry following the early observations of
crash investigators (20 August 2014).
More...
Published – articles, papers, reports
Australia-wide fatalities, August 2014
Safe Work Australia
As at 27 August, 117 fatalities had been reported. The fatalities:
42 in Transport, postal and warehousing; 27 in Agriculture,
forestry and fishing; 14 in Construction; 11 in Mining; six in
Manufacturing; five in Accommodation & food services; three in
Electricity, Gas & Water Services; and Arts & recreation
services; and one each in Health care/social assistance; Retail;
Wholesale Trade; Public administration and safety; Government
administration & defence; and 'other services'.
More...
Safe Work monthly fatality report, May
2014
Safe Work Australia, 21 August 2014
The report reveals that crushing incidents have been among the
leading causes of work-related deaths this year. Nineteen
work-related deaths were reported to Australia's OHS regulators
in May: nine workers (or bystanders) were killed in vehicle
incidents on public roads, four were fatally crushed (between a
moving and a stationary object, for example), and two were killed
in an air crash.
More...
In practice and courts
New Safety standards
DR AS/NZS IEC 62271.4:2014
High-voltage switchgear and controlgear - Part 4: Handling
procedures for sulphur hexafluoride (SF6) and its mixtures.
Standards Australia.
DR AS/NZS IEC 62271.105:2014
High-voltage switchgear and control gear - Alternating current
switch-fuse combinations for rated voltages above 1 kV up to and
including 52 kV. Standards Australia.
Cases
Hutchison and Comcare [2014] AATA
588
The decision under review, being the reviewable decision of the
respondent made on 21 July 2011, is varied by amending the
description of the compensable mental injury suffered by the
applicant to "major depressive disorder", but is
otherwise affirmed. COMPENSATION – Commonwealth employees
– applicant suffered mental ailments – respondent
accepted liability to pay compensation to applicant for "major
depressive disorder – single episode" - respondent
subsequently accepted liability to pay compensation to applicant
for "post-traumatic stress disorder" – date on
which applicant first suffered compensable mental injury –
description of first compensable mental injury amended to
"major depressive disorder"- decision under review
varied. Safety, Rehabilitation and Compensation Act 1988
(Cth), s 4(1), s 4(9), s 5A(1), s 5B(1), s 7(4) and s 14(1). More...
Inspector Christensen v Lend Lease Engineering Pty
Limited (formerly Abigroup Contractors Pty Limited) [2014]
NSWIRComm 42
In Matter Number IRC 279 of 2011, the defendant is fined in the
sum of $200,000 with a moiety to the prosecutor; OCCUPATIONAL
HEALTH AND SAFETY - fatal incident - prosecutions against two
defendants - pleas of not guilty - Abigroup Contractors Pty Limited
convicted of offence under s 8(2) Occupational Health and Safety
Act 2000 - sentencing - Abigroup now known as Lend Lease
Engineering Pty Limited - name of defendant altered in proceedings
- objective factors - risk of being struck by a rail panel or
components of a rail panel - failure to undertake a fresh risk
assessment when method of work changed - contribution of other
entities to risk - risk foreseeable - systems in place prior to
incident - systems inadequately implemented at the site - simple
remedial measures available - maximum penalty - general deterrence
- specific deterrence - offence serious - subjective factors -
financial assistance to family of deceased worker - counselling
assistance to injured workers - expression of regret - cooperation
with WorkCover - prior offences - parity - penalty imposed –
moiety. More...
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.
