In the media
Resources company Alcoa fined over workplace death at
Wagerup refinery
Resources company Alcoa has been fined $68,000 for breaching
safety laws over the death of a 50-year-old worker at its Wagerup
alumina refinery, south of Perth. The Deputy Chief Magistrate said
the prosecution against Alcoa was "about site safety and the
measures taken by Alcoa, and did not directly deal with the death
of Mr Fry" (07 November 2014).
More...
Legal action against company whose road worker was
rundown by ute
WorkSafe Tasmania is prosecuting the company which employed a
Launceston road worker who was struck and killed by a ute. The
category-two offence is the second most serious workplace safety
charge and carries a fine of up to $300,000 (06 November 2014).
More...
Bulga Underground found guilty in 2010 workplace
accident
Bulga Underground Operations has been convicted of a workplace
health and safety breach which resulted in the serious injury of a
worker at the Beltana mine in 2010. The court ruled that safety
measures put in place did not eliminate the risks associated with
the task performed by McNab (06 November 2014).
More...
Independent Investigation into Loose-Fill
Asbestos
The Heads of Asbestos Coordination Authorities (HACA) has engaged
PricewaterhouseCoopers to conduct an independent investigation into
loose-fill asbestos in NSW, and is providing free ceiling
insulation testing to identify the full extent of affected homes
across the State (04 November 2014).
More...
NSW government must wake up to asbestos
CEO of the Asbestos Safety and Eradication Agency Peter Tighe said
the NSW Health Department had played down the risks associated with
loose-filled asbestos, which can cause cancer and mesothelioma when
airborne. The results of both a
WorkCover investigation and a NSW
Parliamentary Inquiry into how widespread loose-fill asbestos
is in the state are due for release (04 October 2014).
More...
ACT Government bans builders from removing
asbestos
The ACT Government has moved to close a loophole that has allowed
builders to remove up to 10-square-metres of bonded asbestos from
homes, a rule the Government says has been widely misunderstood and
abused. From January 1, any asbestos removal, including bonded
asbestos sheeting, must be done by licensed asbestos removalists,
under the control of Worksafe (04 November 2014).
More...
Shift worked link to brain power, memory
decline
People who work shifts for 10 years or more may suffer loss of
memory and brain power, according to a study that also warns of
safety concerns in high-risk jobs. The effects on brain function
can be reversed, the team wrote in the Occupational &
Environmental Medicine journal, but this may take at least five
years (04 November 2014).
More...
Coal carrying 'Murder Ship' under
scrutiny
A coal carrier already under investigation by Australian
authorities for the deaths of two filipino workers has attracted
fresh scrutiny related to its seaworthiness in Australian waters
(04 November 2014).
More...
Transport safety regulator hit hard by
cuts
The transport safety regulator will be forced to undertake fewer
investigations and will have less time for industry engagement in
the foreseeable future after it cut 12 per cent of its staff
earlier this year due to pressure on its forward budgets (03
November 2014).
More...
Football leading cause of hospitalised sports
injury
A new report from the Australian Institute of Health and Welfare
(AIHW) shows that injuries sustained while playing football make up
the largest proportion of sports-related injuries requiring
hospitalisation in Australia. A large number of hospitalisations
were also associated with motor sports and water sports. Together
with football, these three sports accounted for almost half (47%)
of all sports injury hospitalisation (04 November 2014). More...
Contract signed for long-term health
study
Monash University has been appointed to lead a long-term health
study into the potential health impacts of exposure to emissions
from the Hazelwood open cut coal mine fire. They will investigate
the long term impact of exposure to emissions on the development of
heart and lung conditions, cancers and mental health outcomes (04
November 2014).
More... More...
Second explosives truck accident in two
months
Another truck carrying explosive materials has been involved in an
accident on Central Queensland roads last week. A section of the
Carnarvon Highway was closed to clean up spilled ammonium nitrate,
the result of a truck rollover, the second ammonium nitrate
carrying truck to crash in two months (03 November 2014).
More...
Australia's transport safe, but can be improved:
ATSB report
Australia's transport industries are some of the safest in the
world but more can be done to improve safety, according to the
ATSB's annual report. Approved for tabling by the Deputy Prime
Minister, the annual report highlights the ATSB's top transport
safety concerns across the aviation, maritime and rail industries
(03 November 2014). More...
More...
FIFO workers leaving depression untreated for fear of
drug tests: union
Mine workers suffering from depression are leaving their condition
untreated out of fear of losing their jobs, according to one of
Australia's biggest construction unions (03 November 2014).
More...
Workcover targeting Sydney construction
sites
As the Sydney commercial construction industry enters one of its
busiest periods in the lead up to Christmas, WorkCover NSW is today
launching a safety program targeting construction sites across the
city, aiming to prevent another major incident like the fire at
Barangaroo earlier this year (31 October 2014).
More...
Queensland's one-stop shop for safety and
workers' compensation
A new streamlined safety and workers' compensation website now
provides Queensland employers and workers with direct access to
safety and workers' compensation information and services. The
new website combines the websites of Workplace Health and Safety
Queensland, WorkCover Queensland, the Electrical Safety Office and
Q-COMP (31 October 2014).
More...
Clare Country Club fined $12K after chef
burnt
The Clare Country Club has been fined $12,000 in the Industrial
Court for an incident in 2012 where a chef was burnt. The court
ruled the business was aware of the dangers, as management had been
told to replace the burners due to safety concerns (30 October
2014).
More...
WorkCover releases early findings into Bar Beach bowlo
beer keg explosion
WorkCover has issued early findings in its investigation of a
incident at a Newcastle bowling club, in which a man lost his arm
when a beer keg exploded. WorkCover's director of operations
Tony Williams said technical experts have examined the keg and
found no manufacturers fault that could have caused its failure (29
October 2014).
More...
Rural Doctors Association backs crackdown on people who
assault health workers
The Rural Doctors Association says health workers in remote areas
will welcome tougher penalties for people who assault nurses,
doctors and paramedics. The Queensland Government is doubling the
maximum sentence to 14 years for people who assault health workers
(29 October 2014).
More...
Published – articles, papers, reports
Australian sports injury hospitalisations
2011-12
AIHW: Kreisfeld R, Harrison JE, & Pointer S: 04 November
2014
During 2011-12, over 36,000 people aged 15 and over were
hospitalised as the result of an injury sustained while playing
sport. This represented 8% of all injury hospitalisations during
that year. Around two thirds of those admitted to hospital were
aged under 35 and over three quarters were men. More...
Blueprint for a healthy environment and a productive
economy
Wentworth Group of Concerned Scientists: 6 November 2014 This
blueprint describes the magnitude of the environmental challenges
we face, establishes the case that it is possible to grow the
economy and protect the environment and people.
More...
Regulation by stealth: Codes of practice under
harmonised Work Health and Safety legislation
Neil Gunningham and Darren Sinclair
Australian Journal of Labour Law, Vol 27 No 2, October 2014
p163.
In practice and courts
Current top transport safety priorities across aviation, maritime and rail (SafetyWatch):
Flying with reduced visual cues
Marine work practices
Safe work on rail
Data input areas for aviation
Safety around non-controlled aerodromes
General aviation pilot risks
Maritime pilotage
Under reporting of occurrences
Handling approach to land
(November 2014). More...
QLD: safety and workers' compensation
website
The website was designed using focus groups comprising employers,
workers and safety professionals from all industries. The result is
a user-orientated site that gives direct access to all the
information you need without having to supply the same information
to multiple government bodies. A
combined online incident notification and claim form further
reduces red tape for Queensland business (31 October 2014).
VWA:Safety Soapbox (October 29)
The edition features Online Notification of Asbestos Removal and
national recall for LED Light Fitting and accidents around the
country
Safety Soapbox 29 October 2014.
VWA Asbestos removal
An updated version of the online asbestos notification system will
be launched on 5 November 2014.
More...
AS/NZS 5033:2014
Installation and safety requirements for photovoltaic (PV) arrays.
More...
Reminder: ASEA Conference: November 16 – 18, 2014 Anyone who is interested in what's happening with asbestos in Australia should try to attend ASEA's 1st International Conference on Asbestos Awareness and Management: "Working towards an asbestos free Australia" (Crown Casino November 16-18). More...
Cases
Re: Applications by Simon Blackwood pursuant to s 138 of
the Work Health and Safety Act 2011 to revoke WHS entry permits
[2014] QIRC 173
INDUSTRIAL LAW - REVOCATION OF WHS ENTRY PERMITS - Whether
revocation proceedings before the Commission should proceed by
hearing or "on the papers" - Natural Justice Hearing
Rule. More...
Inspector Nash v Bulga Underground Operations Pty
Ltd [2014] NSWDC 186
The defendant is convicted OCCUPATIONAL HEALTH AND SAFETY - coal
mine workplace accident - worker crushed between the toe of an
automatically advancing roof support and the sides of the
continuous armoured face conveyer - high risk of being crushed by
powered roof support as they automatically advance towards the
coalface - slipping and falling in the walkway - being struck by
fly rock when dislodged from the Shearer - whether preventative
measures taken by the mine were sufficient - whether prosecution
has proved beyond reasonable doubt that the preventative measures
pleaded would have eliminated the risk - whether activating tilt
switches in remote control units for Shearers necessary - previous
incident known to the defendant - forseeable risk of injury;
Occupational Health and Safety Act 2000 Work Health and Safety
Act 2011. More...
Trolan v WD Gelle Insurance and Finance Brokers Pty
Ltd [2014] NSWDC 185
Verdict and judgment for the plaintiff in the sum of $733,723.
TORTS - negligence - workplace injury damages claim - sexual
harassment, bullying and intimidation of female employee causing
psychological injury; DAMAGES - assessment of claimed heads of
damage; Civil Liability Act 2002. More...
WorkCover v Allworth Constructions Pty Ltd
[2014] NSWDC 184
The defendant is convicted and fined $72,375. Occupational
Health and Safety Act 2000; Mr Kenneth David Horsnell suffered
serious injuries when he fell through a void in the first floor of
a house construction site at Harrington Grove. More...
NSW Department of Trade and Investment (Inspector
Nash) v Newcrest Mining Ltd [2013] NSWDC 332
I impose a fine of $112,500. I order a moiety of the fine to be
paid to the prosecutor. In matter number 2012/53511 I find that the
breaches of duty contained in the charge and admitted by the
defendant are precisely the same as those breaches for which it has
now been punished. The appropriate order is that I convict the
defendant and I impose no further penalty. Occupational Health
and Safety Act 2000. More...
VCON Pty Ltd 054 559 429 29/10/2014
Failure to notify VWA of a notifiable incident; Failure to
preserve incident site. Occupational Health and Safety Act 2004
38(1); 38(3); 39(1) ; Magistrates' Court.
More...
Legislation
Commonwealth
Counter-Terrorism Legislation Amendment (Foreign
Fighters) Act No 116 of 2014
An Act to amend the law relating to counter terrorism and other.
Registered 06 November 2014 Date of Assent 03 November 2014. More...
Agricultural and Veterinary Chemicals Code Instrument
No. 4 (MRL Standard) Amendment Instrument 2014 (No.
10)
This instrument amends the Agricultural and Veterinary Chemicals
Code Instrument No. 4 (MRL Standard) 2012 to set new and varied
MRLs and make other changes to the Tables with respect to certain
residue definitions, commodities and substances. Registered 04 Nov
2014. More...
New South Wales
Regulations and other miscellaneous instruments
Rural Fires Amendment (Penalty Notices and Other Matters) Regulation 2014 (2014-707) — published LW 7 November 2014.
Supreme Court (Corporations) Amendment (No 12) Rules 2014 (2014-708) — published LW 7 November 2014.
Uniform Civil Procedure Rules (Amendment No 69) 2014 (2014-709) — published LW 7 November 2014.
Bills revised following amendment in Committee
Bills passed by both Houses of Parliament
Work Health and Safety (Mines) Amendment Bill 2014.
Bills assented to
Rural Fires Amendment Act 2014 No 66 — Assented to 28 October 2014. More...
Queensland
Bills update
Major Events Bill 2014
Passed with amendment on 28/10/2014 Assent Date: 7/11/2014. Act
No: 60 of 2014 Commences: see Act for details
Act. The policy objective of the Bill is to provide a generic
legislative framework that can be used for the conduct of major
events across Queensland. This includes the Gold Coast 2018
Commonwealth Games, 2015 Asian Cup, V8 Supercars motor racing
events, and other major events Queensland may decide to host in the
future. The Bill provides for: Crowd and safety powers –
including control of entry into and prohibiting certain items from
major event areas, and police and authorised person powers to
control anti-social behaviour and ensure the safety of patrons
Queensland
Subordinate legislation as made 07 November 2014
No 254 Proclamation commencing remaining provisions
Fixes 10 November 2014 for the commencement of the provisions of the Act that are not in force, under the Professional Engineers and Other Legislation Amendment Act 2014.
No 255 Building and Other Legislation Amendment Regulation (No. 1) 2014
Regulation commences on 10 November 2014, for establishment of the QBCC
No 258 Queensland Building and Construction Commission (Transfer) Regulation 2014
Queensland Building and Construction Commission Act 1991, transfer of employees, liabilities and records to employing office, now QBCC.
Victoria
Statutory Rules
Country Fire Authority Regulations 2014 (No.
165/2014)
Commencement: 01/11/2014: reg. 3 Not yet in operation: Regs 1-122:
on 01/11/2014: reg. 3.
Accident Towing Services Amendment Regulations (No.
175/2014)
Operational: ALL: 21/10/2014.
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.
