In the media
ATSB welcomes findings from Canadian investigation
review
The ATSB has welcomed the findings of the Transportation Safety
Board of Canada's (TSB's) independent review into the
ATSB's investigation methodologies and processes (02 December
2014).
More...
New report shows NTC reforms being implemented across
Australia
The NTC recently completed its latest Reform Implementation
Monitoring Report which noted that all seven of the national reform
packages agreed between 1 July 2013 and 1 July 2014 have been fully
or partly implemented (03 December 2014).
More...
Mine workers suffer long-term damage from exposure to
excessive vibrations
Whole body vibration is one of the hazards of working with big
machines which can lead to serious health problems, such as spine
damage and, for women, problems with reproductive health. Mining
companies are aware of the issue and advise workers to take breaks
on machines (04 December 2014).
More...
Attitudes towards risk taking and rule breaking in
Australian workplaces report now available
The Perceptions of Work Health and Safety Survey aimed to provide
a baseline measure of work health and safety attitudes, beliefs and
actions shortly after the model Work Health and Safety laws were
introduced in 2012. The survey targeted four types of respondents:
employers, sole traders, health and safety representatives and
workers (03 December 2014).
More...
One-stop shop for safety and workers'
compensation
A new combined safety and workers' compensation website is
providing Queensland employers and workers with a single spot to
access injury prevention and workers' compensation information
and services (02 December 2014).
More...
Repeal of ineffectual heavy vehicle
devices
The Australian Government has removed more regulatory red tape for
heavy vehicle operators registered under the Federal Interstate
Registration Scheme, requiring B-double trucks to be fitted with
additional spray suppression devices around their wheel arches as
unnecessary and failing to align with laws applying to state
registered vehicles (02 December 2014).
More...
NTC: Chain of responsibility review to find new ways to
improve safety on our roads
The NTC today released a
discussion paper as part of its review of the chain of
responsibility (CoR) duties in the Heavy Vehicle National Law. The
discussion paper outlines a number of issues including whether it
allows for an integrated and proactive approach to road safety,
concerns about the clarity of the law (28 November 2014).
More...
Fortescue Metals Group admits drug use by workers an
issue for mining company
Fortescue Metals Group has revealed it is addressing drug problems
among its workforce in Western Australia's Pilbara. Fortescue
executive Richard Kinnane told business leaders in Port Hedland
soaring drug use in the community appeared to have penetrated its
workforce (27 November 2014).
More...
Public service performance management is not bullying,
says FWC
The Fair Work Commission has refused to grant a "stop the
bullying order" to a senior Australian Bureau of Statistics
public servant who alleged his boss was using the bureau's
performance management system to bully and force him out of his job
(25 November 2014).
More...
Electrical Trades Union calls for investigation after
alleged safety breach at Sydney convention centre construction
site
A potentially fatal electrical safety breach during the
construction of the International Convention Centre at Darling
Harbour has led to more than 40 electricians refusing to carry out
non-emergency banned in enclosed and outdoor smoke-free places
under the Health Legislation Amendment Act (23 November
2014).
More...
Published – articles, papers, reports
Reform Implementation Monitoring Report
2014
Author: National Transport Commission (NTC)
This noted that all seven of the national reform packages agreed
between 1 July 2013 and 1 July 2014 have been fully or partly
implemented The report focuses on the following seven reform areas
and highlights where further attention is needed to ensure
Australians get the full benefits of national reform (03 December
2014).
More...
Report on abuse at the Australian Defence Force
Academy
Author: Defence Abuse Response Taskforce
This review assessed accounts of abuse at the Australian Defence
Force Academy, and recommends a Royal Commission (26 November
2014).
More...
Government response: Aviation Safety
Review
The Australian Government response to the 37 recommendations and
related issues raised in the Aviation Safety Regulation Review
Report (03 December 2014).
More...
Attitudes towards risk taking and rule breaking in
Australian workplaces report
Safe Work Australia (2 December 2014).
More...
Safe Work Australia's Annual Report 2013-14 now
available
Safe Work Australia tabled its fifth annual report in both Houses
of the Australian Parliament on Tuesday, 2 December 2014.
More...
Government's response to the Aviation Safety
Regulation Review Report
The Report has identified areas where our present arrangements,
structures and relationships can be improved to ensure Australia
remains a leading aviation State.The Australian Government has
agreed to 32 of the Report's 37 recommendations and has agreed
to undertake a more detailed examination of a further four
(December 2014). More...
In practice and courts
Global: Union campaign wins cargo safety
code
Sustained campaigning by the global transport union federation ITF
has helped secure an international code of practice on safety in
the packing of cargo containers. ITF's road, rail, dockers'
and seafarers' sections all participated in the campaign, which
has now seen the International Labour Organisation's (ILO)
governing body endorse a code of practice on the safe packing of
cargo transport units (November 2014).
More...
More...
NTC: Chain of responsibility review
The National Transport Commission (NTC) has released a
discussion paper as part of its review of the chain of
responsibility (CoR) duties in the Heavy Vehicle National Law. The
discussion paper outlines a number of issues with the current CoR
regime, which stakeholders have identified through previous
consultations.
More...
VWA Safety Soapbox 26 November 2014
In this edition Steve Darnley discusses the dangers of snakes on
construction sites – particularly in hot weather. The
newsletter also has news on safety recalls, various activities,
prosecutions in other jurisdictions, and its regular 'Absolute
Shocker', which this week is on nail guns.
More...
New Safety Standards
AS 4024.1-2014 Series: Safety of Machinery: Standards
Australia
AS 4024.1-2014, Safety of machinery series contains 25 Parts that
are European (EN) and Internationally-based (ISO) safety and design
Standards with some modifications to meet Australia's tough
safety practices and regulations.
More...
AS 1735.14-1998 Rul 1:2014
Lifts, escalators and moving walks - Low rise platforms for
passengers (Ruling to AS 1735.14-1998): Standards Australia.
AS ISO 2631.2:2014
Mechanical vibration and shock - Evaluation of human exposure to
whole-body vibration - Vibration in buildings (1 Hz to 80 Hz):
Standards Australia.
AS/NZS 3133:2013/Amdt 1:2014
Approval and test specification - Air-break switches: Standards
Australia.
AS/NZS 4024.1100:2014
Safety of machinery - Application guide: Standards Australia.
Cases
Parker v Wish Designs Pty Ltd [2014] NSWCA
401
DAMAGES - measure of damages in actions for tort - appellant
suffered injury during the course of his employment and incurred a
loss in working capacity - whether the trial judge erred in fixing
the appellant's damages for past economic loss by reference to
the mathematical difference between his earnings before and after
his injury - whether the trial judge had proper regard to the
appellant's loss of economic capacity or made a finding to that
effect - whether the approach of the trial judge was consistent
with the manner in which the appellant's claim was advanced -
whether the trial judge made the findings necessary to support the
appellant's case on appeal. More...
Hunter Quarries Pty Ltd v State of New South Wales
(Department of Trade & Investment) [2014] NSWSC
1580
ADMINISTRATIVE LAW - declaratory relief - proper construction of
the Work Health and Safety Act 2011 (NSW) - order sought
restraining inspectors appointed under the Mine Health and
Safety Act 2004 (NSW) and/or Work Health and Safety
(Mines) Act 2013 (NSW) from obtaining information by exercise
of powers granted under s 171 of the Work Health and Safety
Act - competing constructions of the Work Health and
Safety Act - how s 155 and s 171 of the Work Health and
Safety Act must be constructed - relevant rules of statutory
construction - relief sought not granted - summons dismissed. More...
Hennessy v Patrick Stevedores Operations &
Anor [2014] NSWSC 1716
TORTS - negligence - workplace injury - occupiers liability -
where employee slipped and fell at worksite - whether occupier owed
duty of care - whether employer owed duty of care. Assessed
FBIS' share of responsibility at 40 per cent. Judgment for the
plaintiff against the first defendant in the sum of $1,337,546. More...
Bell v State of Queensland & Anor (No 1)
[2014] QCAT 297
Anti-Discrimination – sexual harassment – joint and
several liability – assessment of compensation –
causation - adjustment of compensation because loss and damage
caused by factors other than contravention of the
Anti-Discrimination Act 1991 (Qld). ACN 070 037 599
P/L & Anor v Larvik P/L & Anor [2008] QCA 416
Barney v State of Queensland & Anor [2012] QCAT 695
Essa v Laing Ltd [2004] IRLR 313 Gama v Qantas Airways
(No.2) [2008] FCAFC 69 Haines v Bendall [1991] HCA 15
Hall v Sheiban (1989) 20 FCR 217 Henville v
Walker (2001) 206 CLR 459 McCauley v Club Resort Holdings
Pty Ltd (no.2) [2013] QCAT 243 Nunan v Aaction Traffic
Services Pty Ltd [2013] QCAT 565 O'Neill v
Steiler [1994] QADT 2 State of Queensland & Anor v
Barney [2013] QCATA 104 Travel Compensation Fund v
Tambree [2005] HCA 69 Williams v Robinson & Anor
(2000) EOC 93-112. More...
Re: Application by DP World Brisbane Pty Limited
pursuant to s 138 of the Work Health and Safety Act 2011 for a WHS
entry permit held by Garry John Rogers to be revoked [2014] QIRC
186
INDUSTRIAL LAW - REVOCATION OF WHS ENTRY PERMITS - fundamental
jurisdiction error - parties to the proceeding did not raise a
significant jurisdictional point in hearing or in submissions -
matter relisted at initiative of Commission - Commission heard
matter unaware fundamental step in process prior to hearing had not
been taken - subsequently steps taken by the Commission were ultra
vires. More...
Legislation
Commonwealth
Australian Sports Anti-Doping Authority Amendment Act No
121 of 2014
An Act to amend the Australian Sports Anti-Doping Authority Act
2006, and for related purposes; Registered 01 December 2014; Date
of Assent 26 November 2014. More...
Sex Discrimination Amendment (Boosting Superannuation
for Women) Bill 2014
A Bill for an Act to amend the Sex Discrimination Act 1984, and
for related purposes. Registered 01 Dec ember 2014; Introduced HR
01 December 2014. More...
Commonwealth Acts Assented to
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Act (No. 118/2014)
Assent: 20/11/2014 Commencement: ALL: 20/11/2014 (s. 2).
New South Wales
Proclamations commencing Acts
Work Health and Safety (Mines) Act 2013 No 54 (2014-768) — published LW 3 December 2014.
Work Health and Safety (Mines) Amendment Act 2014 No 71 (2014-769) — published LW 3 December 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.