In the media
New helmets could save lives, reduce quad bike
injuries
A newly developed helmet specially designed for farm workers could
stem the rising death toll from tragic accidents involving quad
bikes, experts say (28 July 2017).
More...
Bullying 'prevalent in emergency services' and
NSW Parliament wants answers
The NSW Parliament is investigating why police officers, paramedics
and firefighters are continually being bullied and harassed in the
workplace. NSW Ambulance released a statement saying they did not
accept bullying and harassment in the workplace and were supportive
of the inquiry (27 July 2017).
More...
Harnessing the power of technology to support
safety
Drones, apps, computer simulations and the power of social media
are supporting safety in construction by providing new ways to
investigate incidents and share safety best practice. Work health
and safety regulators and technology leaders joined a range of
government and private sector organisations to discuss the
introduction and embedding of these technologies to enhance work
health and safety (27 July 2017).
More...
New heavy vehicle cameras boost Queensland's road
safety
Federal Infrastructure and Transport Minister Darren Chester said
the new cameras would monitor heavy vehicles, boosting heavy
vehicle safety and providing another step towards a national heavy
vehicle compliance network (25 July 2017).
More...
Recycler convicted and fined $150,000 after worker loses
hand
A recycling company has been convicted and fined a total of
$150,000 following an incident in Coolaroo in 2014 in which a
worker lost his right hand in an aluminium bailer. SKM Services Pty
Ltd was found guilty in the Broadmeadows Magistrates' Court on
two charges of failing to provide or maintain plant that was safe
and without risk to health, and one charge of failing to provide a
safe system of work (21 July 2017).
More...
Manufacturer commits $1.5 million to safety improvements
after worker injured
Borg has entered into an Enforceable Undertaking
(EU) with SafeWork NSW after the worker suffered a
serious hand injury due to a poorly guarded metal guillotine at the
site. It is NSW's first million dollar ruling since EUs became
part of NSW's work health and safety laws in 2012 (20 July
2017).
More...
Education program targets workplace
bullies
WorkSafe will conduct a series of workshops across Victoria over
the next three years to give business owners information about how
to recognise, prevent and manage workplace bullying. The workshops
will also be accompanied by a program of targeted inspections in
the local area (20 July 2017).
More...
Inspections to focus on scaffold safety
Builders and contractors are being urged to make scaffolding safety
a priority on Victorian construction sites after a string of
serious injuries and near misses in recent months. WorkSafe
inspectors will be visiting construction sites throughout July and
August to ensure sites are managing the hazards and risks
associated with the use of scaffolds (19 July 2017).
More...
New on the spot fines for safety breaches around
powerlines in Queensland
As part of its response to tackling electrical incident statistics,
the state government has amended the State Penalties and
Enforcement Regulation 2014 to include two new infringement
notices for working near overhead or underground powerlines.
Government inspectors can now issue on the spot fines of up to
$3,000 to businesses which fail to identify risks and implement
appropriate control measures (18 July 2017).
More...
New national heavy vehicle modification standards
released
The National Heavy Vehicle Regulator (NHVR) has
launched a new edition of the vehicle standards bulletin today.
The sixth edition, Vehicle Standards Bulletin 6: National Code of
Practice for Heavy Vehicle Modifications
(VSB6), covers key changes including, updated
checklists, compliance procedures, new codes for installation of
roll over systems and falling object protection systems (18 July
2017).
More...
Manufacturer fined more than $22,000 after ignoring
WorkSafe notices
A Moorabbin furniture manufacturer who failed to address WorkSafe
notices to fix serious safety breaches has been convicted and fined
more than $22,000. Leeming Furniture Pty Ltd pleaded guilty to two
charges under the 2004 OHS Act for failing to ensure its workplace
was safe and without risks to health (18 July 2017).
More...
Published – articles, papers, reports
Worksafe Victoria Newsletter
Safety Soapbox 28 July 2017
On the Road, Issue 14, 18 July 2017 - NHVR
newsletter
The industry updates provide important information for subscribers
on the heavy vehicle industry, including the latest NHVR news and
events, relevant law and policy changes, and resources to help
industry members comply with the law.
In practice and courts
WorkCover Queensland: Serious falls from height at the
Gold Coast
There have been several recent falls from height at the Gold Coast
which are being investigated by Workplace Health and Safety
Queensland (WHSQ). How to Prevent a similar
incident, statistics and Prosecutions are outlined here (25 July
2017).
More...
New Safety Standards
AS 4024.2802:2017
Safety of machinery - Application of protective equipment to detect
the presence of persons. Standards Australia.
AS 2252.5:2017
Controlled environments - Cytotoxic drug safety cabinets
(CDSC) - Design, construction, installation,
testing and use. Standards Australia.
Proposed national road rules affect heavy vehicle
sector
The National Transport Commission is calling for submissions (by 11
August) on proposed
amendments to the Australian Road Rules and an accompanying
consultation paper. The changes outline work-related tasks,
like fatigue and safety management, that drivers can use visual
display units and mobile phones for in vehicles. To make a
submissions go to this page.
Comments are due by 05 August 2017.
More...
Cases
Australian Building and Construction Commissioner v
Construction, Forestry, Mining and Energy Union [2017] FCA
802
INDUSTRIAL LAW – right of entry – Part 3–4
Fair Work Act 2009 (Cth) (FW Act) –
whether s 500 of the FW Act, which requires that a permit holder
exercising or seeking to exercise rights in accordance with Part
3–4, contravened – s 500 only engaged where a permit
holder is or is seeking to exercise a right conferred by Part
3–4 of the FW Act and not where entry is made in another
capacity – where the permitholders did not provide notice of
entry in accordance with s 487 – where the permit-holders did
not produce their entry permits on request in accordance with s 489
– consideration of the meaning of "exercising ... rights
in accordance with this Part" – the giving of notice
under s 487 is a condition of the conferral of a right of entry
under Part 3–4 – having not given notice, the
permit-holders did not have and could not exercise a Part 3–4
right – whether the permitholders were seeking to exercise a
right of entry conferred by s 484 – (see below in relation to
proper construction of "seeking to exercise rights in
accordance with this Part") – the permit holders were
not seeking to exercise a Part 3–4 right – whether
entry in disregard of the requirements of ss 487 and 489 amounted
to acting in an improper manner – consideration of
"otherwise act in an improper manner".
STATUTORY INTERPRETATION –– consideration of the proper
construction of "seeking to exercise rights in accordance with
this Part" under s 500 of the FW Act – distinction
between "seeking" and "purporting" –
"in accordance with" means "in conformity with"
– the word "seeking" in s 500 connotes a subjective
intention to exercise rights and includes the intended but flawed
exercise of the right. INDUSTRIAL LAW – right of entry
– FW Act, s 503 – where union permit-holders, in the
course of entering premises without any right of entry, made
certain statements – whether the act of entering and the
statements made amounted to taking action, intentionally or
recklessly, to give the impression that the permit–holders
were authorised to enter – none of the permit-holders'
conduct evinced an intention to give the impression that they were
authorised to enter, nor was it reckless as to whether that
intention was given.
INDUSTRIAL LAW – adverse action – FW Act, s 340 –
where union official, in the course of entering premises without
any right of entry, made threats to a site manager to take action
to disrupt work – threat capable of constituting adverse
action under s 341 – allegation that adverse action taken in
response to the site manager's request under s 489 for the
official to produce his permit – whether a request to see a
permit constitutes the exercise of a workplace right – any
obligation to produce a permit under s 489 is limited to entries
made under subdivision B of Part 3–4 and the section is not
engaged where a permit-holder enters in any other capacity –
in any event, s 489 does not confer any workplace right upon an
occupier. Conciliation and Arbitration Act 1904 (Cth) s
42A.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
The JMAL Group Pty Ltd 165 661 414
25/07/2017
Failure to provide a safe system of work; Failure to provide
information, instruction, training or supervision; Fatality;
Traffic management Occupational Health and Safety Act 2004
21(1)&(2)(a); 23(1); Melbourne Magistrates' Court.
SKM Services Pty Ltd 130 867 220
19/07/2017
Failure to provide a safe system of work; Unguarded plant; Failure
to provide and maintain plant Occupational Health and Safety
Act 2004 Broadmeadows Magistrates' Court.
Legislation
Commonwealth
New South Wales Fatigue Record-Keeping Exemption Notice 2017
(No. 2)
13 July 2017 - The purpose of this Notice is to exempt record
keepers for drivers of fatigue-regulated heavy vehicles carrying
out specified classes of work in New South Wales from the
requirement to keep records of driver work and rest time imposed
under the Heavy Vehicle National Law.
Victoria
Statutory Rules made
No. 68 Agricultural and Veterinary Chemicals
(Control of Use) Regulations 2017
Commencement: 23/07/2017: reg. 3 Not yet in operation: Regs 1-18:
on 23/07/2017: reg. 3. Sunset Date: 11/07/2027.
No. 69 Agricultural and Veterinary Chemicals
(Control of Use) (Infringement Notices) Amendment Regulations
2017
Commencement: 23/07/2017: reg. 3 Not yet in operation: N/A Sunset
Date: 11/07/2027.
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.
