In the media
Fiskville Shut Forever
The Government has permanently closed the CFA training facility at
Fiskville. The CFA board unanimously recommended the closure of the
site following the results of around 550 tests at the site showed
that while the drinking water and showers were clear of
contamination, high levels of the toxic chemical PFOS were found
around the fire training area (26 March 2015). More...
McDonald's workers told to treat burns with
condiments; survey shows (25/03/2015)
McDonald's workers who have suffered severe burns in their
workplace filed 28 health and safety complaints against the company
in 19 cities over the past two weeks, a labor group announced on
Monday. (24 March 2015).
More...
WorkSafe to investigate Chevron safety claims after
Cyclone Olwyn
WA's industrial safety watchdog will investigate the cyclone
safety procedures of US gas giant Chevron after concerns were
raised about its Pilbara operations during Tropical Cyclone Olwyn
(18 March 2015).
More...
Investigation into a fatal collision at Ravensworth open
cut mine
The NSW Mine Safety Investigation Unit concluded in its report
that the incident highlighted the importance of having an effective
risk management program in relation to the interaction of light and
heavy vehicles at open cut mines.
More...
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Linc Energy alleged to have exposed workers to dangerous
gases at experimental plant
Mining company Linc Energy is alleged to have exposed workers to
dangerous gases at an experimental plant in Queensland. A medical
expert commissioned by the department found that "the symptoms
presented are consistent with exposure to the known chemical
constituents of syngas" (16 March 2015).
More...
Asbestos victim wins right to claim compo
A former Gove alumina refinery worker has successfully claimed
$425,000 in compensation for malignant mesothelioma, which
developed as a result of asbestos exposure during the 1970s (16
March 2015).
More...
Published – articles, papers, reports
Victoria: Asbestoswise Newsletter
Asbestos diseases support group, Asbestoswise, has released its
March 2015 newsletter. The newsletter has items on recent changes
within the organisation, the annual commemoration service, an
update on changes to Victoria's Wrongs Act, and more news. More...
NSW: Loose-fill asbestos weekly update
As of 19 March, 2015, 2,246 premises in the 26 council areas had
registered for the free sampling service; and at that date 1,323
properties had been tested with 1,319 samples determined to not
contain asbestos. Four samples for properties in Berrigan Shire,
Yass Valley, Queanbeyan City and Greater Hume local government
areas have returned positive results.
More...
In practice and courts
2015 quad bike fatalities as at 18 March
2015
There were 4 fatalities recorded, 2 recreational and 2 work
related.
More...
FWBC Industry Update 18 March 2015
Seven CFMEU officials facing Australia-wide construction site bans
and "Recidivist" CFMEU guilty of contempt - Federal Court
fines CFMEU $125,000 (18 March 2015).
More...
More... More...
NSW Government responses due
Review of the exercise of the functions of the WorkCover
Authority, response due Tuesday, 17 March 2015.
More...
NSW Safety Alert: In-service failure of safety critical
steering component
Both front steering hubs on an underground personnel transport
vehicle failed in quick succession on 9 November 2014, with the
vehicle coming to rest and narrowly missing contact with the
roadway wall (18 March 2015).
More...
WorkSafe Victoria:
Safety Alert - Battery powered circular saws. This Alert
highlights hazards associated with the use of battery powered
circular saws (battery saws).
More...
VIC: Worksafe Safety Soapbox – 18 March
2015
The list of Reported Incidents from 26 February to 11 March is
attached to the newsletter. There were a total of 70 incidents
notified to WorkSafe, including the tragic death of the young
worker in the trench collapse incident. There were 27 'near
misses' – many of them potentially extremely serious.
More...
Safe Work Australia: Australia-wide
fatalities
As of March 20, the deaths of 37 Australian workers had been
notified to Safe Work by the jurisdictions – this is ten more
workers killed in the ten days since March 10.
More...
kNOw Cancer Risks at Work Forum – 18 May, 2015 The national forum will be highlighting prevention and elimination of occupational cancer risks in Australia, and is open to occupational health and safety professionals, industry representatives and unions, researchers, public health professionals and anyone with an interest in occupational cancers. More...
Cases
Grills v Leighton Contractors Pty Limited
[2015] NSWCA 72
TORTS – negligence – workplace injury – police
highway patrol – motorcade – urgent duty – single
motorcycle accident – where boom gate lowered in error TORTS
– negligence – proceedings brought against operator of
motorway – proceedings brought against State as employer
TORTS – negligence – whether motorway operator owed
appellant duty of care in situation in which motorway was closed to
civilian traffic and operator was acting under police directions
– scope of operator's duty to police officer on urgent
duties – breach of duty TORTS – negligence –
employer's duty of care – breach of duty – where
employer did not have control over technical aspects of motorway
– where employer provided insufficient instructions to
motorway operator TORTS – negligence – apportionment
between multiple tortfeasors – correct test TORTS –
negligence – contributory negligence – standard to be
applied – Civil Liability Act 2002, ss 5B, 5C, 5R
COSTS – where appellant substantially not successful –
where cross-appellants not successful – exercise of
discretion where order that costs follow the event would have
similar effect to no order as to costs.
More...
Palmer & Ors v State of Queensland [2015]
QDC 063
EMPLOYMENT LAW – injury to employee – psychiatric
injury – employee subject to complaint – investigation
of complaint in conjunction with a large number of related
complaints – whether duty of care in respect of psychiatric
injury. EMPLOYMENT LAW – injury to employee –
psychiatric injury – comments by superior – whether
such injury a reasonably foreseeable consequence. EMPLOYMENT LAW
– injury to employee – psychiatric injury –
whether breach of duty – damages assessed. More...
Metcalfe v Clayton Church Homes Incorporated
[2015] FCA 219
INDUSTRIAL LAW – exercise of workplace rights ––
claim for workers compensation and claim to return to work in
previous role at previous workplace – complaint to regulatory
authority about safety of workplace. INDUSTRIAL LAW – adverse
action – whether criticism about completion of
applicant's timesheets constituted adverse action –
whether deducting amounts by which applicant allegedly overpaid
from applicant's wages constituted adverse action. Held:
Application dismissed. More...
Wormleaton v Thomas & Coffey Limited (No 4)
[2015] NSWSC 260
TORTS – negligence – liability for severe crush injury
at work – duty of care owed by an employer to its employee
– whether breach of duty of care was within the scope of the
employer/employee relationship TORTS – negligence –
liability of entrepreneur – liability of head contractor
– injury in area of sub-contractors shared responsibility
– obligation to implement safe system of work – casual
negligence of employees of major sub-contractor DAMAGES –
torts – negligence – workers compensation –
impact of substantial diminution of earning capacity in determining
past and future economic loss DAMAGES – torts –
negligence – workers compensation – application of
compensatory principle in circumstances where different types of
prosthetics available Judgment in favour of the plaintiff against
the first defendant in the sum of $2,286,832.00; Judgment in favour
of the plaintiff against the second defendant in the sum of
$2,286,832.00; Satisfaction of one of the judgments in orders (1)
and (2) discharges the other pro tanto.
More...
Legislation
Commonwealth
Safety, Rehabilitation and Compensation Amendment
(Improving the Comcare Scheme) Bill 2015
A Bill for an Act to amend the Safety, Rehabilitation and
Compensation Act 1988, and makes other changes to the Act
which will improve the efficiency, cost effectiveness and viability
of the Comcare scheme, and align parts of the scheme with State
schemes (Registered 26 Mar 2015 - Introduced HR - 25 March 2015).
More...
Occupational Health and Safety (Maritime Industry)
(Prescribed Ship or Unit — Intra-State Trade) Declaration
2015
This instrument declares that a ship or vessel which is only
engaged in intra-state trade is not a prescribed ship or a
prescribed unit for the purposes of the Occupational Health and
Safety (Maritime Industry) Act 1993 (Registered 25 March
2015). More...
Victoria
Acts Assented to
No. 3: Back to Work Act 2015
Assent: 25/03/2015 SG (No. 59) 25/3/2015 p. 1 Commencement: Ss
1-58 on 01/07/2015: s. 2 Not yet in operation: Ss 1-58: on
01/07/2015: s. 2.
No. 5: Interpretation of Legislation Amendment Act
2015
Assent: 25/03/2015 SG (No. 59) 25/3/2015 p. 1 Commencement: Ss
1-11 on 01/07/2015: s. 2. Not yet in operation: Ss 1-11: on
01/07/2015: s. 2. 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.