In the media
Reduce the dangers posed by your tractor
WorkSafe Victoria has issued an urgent call for renewed vigilance
by the farming community following the deaths of two men working
with tractors on Sunday. The Executive Director of Health and
Safety, Len Neist, said tractors were an integral part of country
life but they needed to be treated with care (05 May 2015).
More...
Tractors claim two lives in tragic
afternoon
WorkSafe Victoria is investigating the death of a self-employed
diesel mechanic on his property in Edenhope and is also making
inquiries into the death of a man on a hobby farm in Ventnor
earlier on Sunday afternoon (04 May 2015).
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WorkCover to visit Gladstone businesses
WorkCover Queensland is visiting Gladstone employers in the
construction, manufacturing and technical service industries during
May 2015 to help raise awareness about the importance of correctly
covering workers for workplace injury (30 April 2015).
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WorkCover responds to deadly safety risk
A spike in serious injuries and deaths in the NSW glass and
glazing industry has prompted WorkCover NSW to react. Over a three
year period, two workers died and 431 were injured, resulting in
more than $7 million in workers compensation claims. The incidents
were due, in part, to a lack of experience and businesses buying
direct from unknown overseas manufacturers (29 April 2015).
More...
$450,000 fine over front end loader
tragedy
A Melbourne waste recycling company has been convicted and fined
$450,000 over the death of an employee who was struck by the bucket
of a 20-tonne front end loader. Resource Recovery Victoria pleaded
guilty in the County Court of Victoria on 31 March to two offences
under the Occupational Health and Safety Act 2004 (27
April 2015).
More...
Concannon v Portland District Health [2015] FWC
513: Claim for Constructive Dismissal Dismissed
In the case of Concannon v Portland District Health
[2015] FWC 513 (30 January 2015), the Fair Work Commission (FWC)
has dismissed a claim for constructive dismissal by a human
resources manager who sent an abusive email threatening to unleash
"10 kinds of hell" on his employer. More...
Published – articles, papers, reports
Compendium of WHS and workers' compensation
statistics 6th edition
The latest Compendium of WHS and workers' compensation
statistics has been released with data to June 2014. The Compendium
presents an overview of the Comcare scheme and includes statistical
data on the scheme's WHS and workers' compensation
performance. Performance information has been compiled from a
variety of sources including workers' compensation claims, WHS
incident notifications, survey data and financial reports (30 April
2015).
More...
In practice and courts
Firefighting increases cancer mortality
risks
Another study has strengthened the evidence that firefighting
exposures increase the risk of death from cancer. The latest is a
study carried out by the NIOSH, the US federal agency responsible
for conducting research on work-related diseases. Of eight types of
cancers examined, researchers found that lung cancer and leukemia
mortality risks increased with firefighter exposures
Occupational & Environmental Medicine.
More...
WorkCover Queensland:Setting-up and dismantling of
amusement rides
There is a hazard when working directly underneath ride components
that are only suspended by hydraulics or air pressure (01 May
2015).
More...
WorkCover Queensland: Re-design of rider restraint
systems on amusement devices
There are identified risks with rider restraint systems on some
amusement rides. This alert outlines information on engineering
controls to assist in ensuring the safety of patrons (01 May 2015).
More...
WorkSafe Victoria: Lift Work on Construction Projects - this handbook provides advice for employers, employees, health and safety representatives, and anyone who has a role in health and safety about controlling risks associated with the installation or refurbishment of lifts (lift work) on construction projects (April 2015). More...
VIC: WorkSafe Safety Soapbox
The bulletin includes Registration of No Go Zone spotters safety
items from Victoria and other States; list of Reported Incidents
from 26 March – 8 April. There were at total of 39 incidents
reported in the two week period, including falls, electric shocks
and near misses (29 April 2015).
More...
Cases
Rawlings v Rawlings [2015] VSC
171
TORTS — Negligence — Duty of care — Workplace
injury — Psychiatric injury — Foreseeability —
Scope of employer's duty to prevent psychiatric injury —
Plaintiff employed in parent's building business which failed
— Whether plaintiff assigned employment tasks in breach of
common law duties in respect of the winding up of the affairs of
the business by his mother following his father's mental
breakdown— Circumstances affecting relationship between
employer and employee — Whether parent/child relationship
relevant — Application of Koehler v Cerebos (Aust)
Ltd — Whether psychiatric injury caused by employer
directives in breach of a duty. TORTS — Negligence—
Assessment of damages —Psychiatric injury —Application
of Malec v Hutton to assessment of damages. More...
Comcare v John Holland Pty Ltd [2015] FCA
388
INDUSTRIAL LAW – Occupational Health and Safety –
statement of agreed facts – agreement by respondent
concerning contravention of legislation – failure of
respondent to take reasonable steps to protect health and safety
– injury of employee – agreed penalty and declarations
as to contravention – penalty assessment ultimately for the
Court – relevant principles to be applied – mitigating
factors including contrition – not systemic failure of safety
standards – comparable cases – imposition of pecuniary
penalty – declarations of contravention – award of
costs considered. 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.
