In the media
Safety bill targets dodgy building
products
A Queensland parliamentary inquiry has recommended passing a bill
that affects the safety duties of building product supply chain
participants (08 August 2017).
More...
WorkCover Queensland positively promoting mentally
healthy workplaces
WorkCover Queensland and the Office of Industrial Relations are
collaborating with SuperFriend Mental Health Promotion Foundation
to improve corporate leadership advocacy for mentally healthy
workplaces (07 August 2017).
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Fatigue rules review team appointed
A team of leading international specialists will conduct an
independent review of the new fatigue rules. The review will
benchmark the new fatigue regulations against those of other
leading aviation countries and regulators including the European
Aviation Safety Agency, New Zealand, the United States, United
Kingdom and Canada (07 August 2017).
More...
Printer commits to $450,000 undertaking after forklift
incident
A Sydney-based printing company has committed $450,000 to various
work health and safety undertakings after a worker was hit by a
forklift. In lieu of prosecution, Offset Alpine Printing Pty Ltd
entered an enforceable undertaking to deliver strategies that would
give long-term, sustainable work health and safety improvements (04
August 2017).
More...
Towing company fined $275,000 over truck driver's
death
A towing company was convicted and fined $275,000 in Victoria over
an incident in which an employee loading a boom crane onto a truck
parked on a suburban road was struck and seriously injured by a van
(04 August 2017).
More...
Electrical Licensing Committee disciplinary outcomes in
Queensland
Under the Electrical Safety Act 2002, disciplinary action
can be taken against electrical licence holders who perform unsafe,
negligent or incompetent electrical work, including licence
cancellation or suspension, fines or orders for faulty work to be
corrected. On 01 August 2017, the Electrical Licensing Committee
held disciplinary hearings against three licence holders (04 August
2017).
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MV Rena banned from Australian ports
The Australian Maritime Safety Authority has banned the Bahamas
flagged bulk carrier MV Rena from Australian ports for six months
after the ship repeatedly failed to pay outstanding wages and
maintain a safe workplace for its crew (03 August 2017).
More...
Introducing a Ten-point Plan for Fire Safety
Reform
Responding to London's Grenfell Tower fire, the 10-point plan
announced by the New South Wales Government will ensure unsafe
building products are taken off the shelves, buildings with
problematic cladding are identified and that only people with the
right skills and experience are able to certify buildings and sign
off on fire safety (03 August 2017).
More...
Comcare: Cleanaway charged over fatality
Waste management company Cleanaway has been charged over a fatal
incident involving a recycling truck in Melbourne. The Commonwealth
Director of Public Prosecutions has filed charges alleging
Cleanaway Operations Pty Ltd failed in its duties under the federal
Work Health and Safety Act 2011. (02 August 2017).
More...
Tradies – the most valuable part of your toolkit
is your health and safety
To mark the start of Tradies Health Month, Safework Australia have
released a
new infographic with data and statistics on serious claims made
by tradies, and will release a collection of resources and
information throughout August to help workers specifically in the
trade industry (01 August 2017).
More...
Not doing routine maintenance has fatal
consequences
A waste recycling business which failed to do routine maintenance
on an excavator and cost a worker his life has been fined $200,000
in the Richlands Magistrates Court. Magistrate Simpson stated
compliance with WHS laws is not an option, and that if there is a
break, significant penalties would be imposed (31 July 2017).
More...
Published – articles, papers, reports
SafeWork Australia Fatality statistics
As at 2 August, 110 workplace fatalities had been reported to the
national body - seven more since the last update on 20 July. The
numbers and industries may vary as Safe Work receives more detailed
information (to check for updates and full figures for 2017, go to
the Safe Work Australia Work-related fatalities
webpage.
On the Road, Issue 15 2017 - NHVR
newsletter
See
On the Road, Issue 15, 1 August 2017 - NHVR newsletter.
In practice and courts
ABCC E-Alert: Facts about the Building Code
2016
The Code for the Tendering and Performance of Building Work
2016 (the Code)
encourages the development of safe, healthy, fair, lawful and
productive building sites for the benefit of all building industry
participants. The Code requires strict compliance with work health
and safety (WHS) obligations by contractors (04
August 2017).
More...
Proposed national road rules affect heavy vehicle
sector
The National Transport Commission called for submissions 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.
More...
NTC seeks input on proposed amendments to the Australian
Road Rules
The National Transport Commission (NTC) has
released the latest package of proposed amendments to the
Australian Road Rules (ARRs) for public
consultation. The
draft amendments and a
document explaining the proposed changes are available on the
NTC website.
More...
NSW SafeWork: 2500 reasons to be careful
Falling from height is one of the main causes of injury in the NSW
construction industry. Over the past four years, more than 2,500
workers have fallen from a height on NSW construction sites.
More...
WorkCover Queensland: Have your say on new standard for
installing battery energy storage systems
Standards Australia have released a new draft standard for
installation of battery energy systems (BESS), DR
AS/NZS 5139:2017 Electrical installations—Safety of battery
systems for use with power conversion equipment. This standard
outlines the hazards that are associated with BESS and specifies
installation methods that eliminate or minimize these hazards. Have
your say on the new standard by visiting the
Standards Australia website.
More...
WorkCover Queensland eSAFE Construction
See the latest issue:
eSAFE Construction - July 2017 (31 July 2017).
QLD DNRM: Slurry pump explosion
04 August 2017 | Mines safety alert 346
A slurry pump exploded after becoming deadheaded during operation.
Industry: Coal mines; Metalliferous mines Subject: Flying material
or objects.
More...
WorkSafe Victoria: Inspectors team up to take safety
message to Robinvale farms
A large team of WorkSafe inspectors will visit farms in the
Robinvale region next month to promote the importance of workplace
safety ahead of the busy spring season (07 August 2017).
More...
Cases
Australian Building and Construction Commissioner v Pauls
[2017]
FCA 843
INDUSTRIAL LAW – respondents organised industrial action in
contravention of ss 355 and 417 of the Fair Work Act 2009
(Cth) – respondents admit allegations – whether
contraventions arose out of two or six courses of conduct –
how many findings of contravention and declarations to be made
– quantum of pecuniary penalties – declarations made
and penalties determined. Building and Construction Industry
Improvement Act 2005 (Cth) ss 39, 43 and 69.
Avenia v Railway & Transport Health Fund Ltd [2017]
FCA 859
INDUSTRIAL LAW – contract of employment – right to
direct employee not to work so as to provide for a temporary
"suspension" pending a preliminary investigation –
consideration of whether there is an implied duty to undertake
investigative and disciplinary processes fairly – whether
obligation to exercise contractual powers in accordance with
principles of procedural fairness.
CONTRACTS – principles of construction – entitlement
to payment under an asset sale agreement – where two
instruments alleged to be part of one transaction – implied
duty of co-operation in employment contract – relationship
with terms allegedly implied as a matter of fact into the
contract.
CONTRACTS – whether summary dismissal and termination of
employment contract lawful.
Australian Postal Corporation Act 1989 (Cth), s 32;
Evidence Act 1995 (Cth), ss 131(2)(h), 160; Fair Work
Act 2009 (Cth), ss 360, 361, 570, 789FD(1); Federal Court
of Australia Act 1976 (Cth), s 53A; Work Health and Safety
Act 2011 (Qld), s 19(1).
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Supreme Caravans Pty Ltd 006 939 322
28/07/2017
Failure to provide a safe system of work; Failure to provide
information, instruction, training or supervision; Guarding
Occupational Health and Safety Act 2004
21(1)&(2)(a)&(e); Broadmeadows Magistrates' Court.
Damian Ruth Plumbing Pty Ltd 080 310 309
27/07/2017
Failure to provide a safe system of work; Falls/work at height
offences; Inexperienced employee; Failure to provide and maintain a
passive fall protection device. Occupational Health and Safety
Act 2004 21(1)&(2)(a); 23(1); Melbourne Magistrates'
Court.
R & J Todio Car Parts Pty Ltd 151 212 672
27/07/2017
Crush injuries; Failure to provide a safe system of work; Non
complied notice. Occupational Health and Safety Act 2004
21(1)&(2)(a); 23(1); 111(4); Broadmeadows Magistrates'
Court.
Legislation
Commonwealth
Safe Work Australia Amendment (Role and Functions) Bill
2017
Amends the Safe Work Australia Act 2008 to: implement
recommendations of the Review of Safe Work Australia's Role and
Functions by clarifying Safe Work Australia's role and the
relationships between its role and function, and updating and
consolidating its functions; replace certain outdated terms; and
clarify that work health and safety (WHS)
ministers will continue to approve the model WHS legislative
framework and other key documents. House of Representatives Finally
passed both Houses 10 August 2017.
NSW
Regulations and other miscellaneous instruments
Work Health and Safety Regulation 2017
(2017-404) — published LW 11 August 2017.
Workplace Surveillance Regulation 2017
(2017-417) — published LW 11 August 2017.
Industrial Relations (General) Amendment (Fees) Regulation
2017
(2017-398) — published LW 09 August 2017.
Queensland
Building and Construction Legislation (Non-conforming Building
Products - Chain of Responsibility and Other Matters) Amendment
Bill 2017
Introduced by: on 25/05/2017 Stage reached: Report from
Committee on 4/08/2017
The bill, if enacted would confer responsibilities on the building
product supply chain participants to ensure a building product, so
far as reasonably practicable, is not a non-conforming building
product.
No 131 Professional Standards Regulation 2017 - Professional Standards Act 2004 – 04 August 2017 - The Professional Standards Regulation 2007 will automatically expire on 1 September 2017 pursuant to section 54 of the Statutory Instruments Act 1992. The Act provides for professional standards schemes, to be approved by the Professional Standards Council, which are designed to improve the professional standards of occupational associations for the benefit of consumers who engage their members' services and to limit the civil liability of their members.
Victoria
Victorian Proclamations of Commencement
Electricity Safety Amendment (Bushfire Mitigation
Civil Penalties Scheme) Act (No. 18/2017)
Commencement: Remainder: NYP [01/09/2017 if not proclaimed
earlier] (s. 2(2)).
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.
