In the media
Safe work statistics in safe hands
Safe Work Australia has published a summary of statistics relating
to the nation's work-related injury, disease and fatalities.
The Agency's online report Key Work Health and Safety
Statistics, Australia 2017 shows the rate of worker fatalities
across Australia has fallen by 49 per cent since its peak in 2007
(03 September 2017).
More...
Dreamworld: Queensland Government considering legal
action after Thunder Rapids deaths
The Queensland Government is considering legal action against Gold
Coast theme park Dreamworld following last year's fatal ride
malfunction, which led to the deaths of four people. Industrial
Relations Minister Grace Grace said a Workplace Health and Safety
report into the tragedy had finished, but would not be publicly
released (01 October 2017).
More...
New fines to protect NSW workers from
falls
SafeWork NSW will soon have the power to issue penalty notices of
up to $3,600 to NSW workplaces if they fail to protect employees
against falls from heights. Under amendments to the NSW Work
Health and Safety Regulation being gazetted today, SafeWork
NSW inspectors will be able to issue penalty notices of $3,600 to
corporations and $720 to individuals for breaches relating to falls
from heights (29 September 2017).
More...
Workplace mental health in the spotlight
Millions of workers will be the focus of New South Wales' first
ever summit aimed at developing a statewide strategy to improve
mental health in the workplace. The Summit is part of SafeWork
NSW's Work Health and Safety Roadmap for NSW 2022, a
six-year plan that aims to reduce serious work-related injuries and
illnesses, including mental illnesses, by 30 per cent (29 September
2017).
More...
'Contrite' former building watchdog boss Nigel
Hadgkiss ordered to pay $8,500 penalty
Former building industry watchdog Nigel Hadgkiss has been ordered
to pay $8,500 for breaching the Fair Work Act. Justice Collier said
Mr Hadgkiss' conduct exhibited "a degree of carelessness
and, indeed, somewhat arrogant ignorance in respect of the truth of
information concerning the right of entry of industry
participants" (29 September 2017).
More...
Queensland backs flammable cladding ban
The Queensland Government says it will push for a national ban on
aluminium composite panels with a flammable polyethylene core when
it hosts the Building Ministers' Forum in Brisbane next month.
The Senate inquiry into non-compliant building products proposed a
"total ban" on the material in its interim report, but
insurers and experts criticised this as treating the symptoms and
not the underlying problem (25 September 2017).
More...
Acting Ai Group Queensland Head, Mark Goodsell, appeared before a Queensland Parliamentary Committee today to oppose many provisions of the Work Health and Safety and Other Legislation Amendment Bill 2017 (25 September 2017). More...
Farmer dies in quad bike rollover
A man in his late 60s has died after a quad bike he was operating
overturned on a mixed farm at Hesket, near Romsey, about 80km north
of Melbourne. WorkSafe Director of Operations and Emergency
Management, Phil Grimson, said agriculture was a high-risk
industry, so it was vital that farmers paid attention to safety.
Presently, agriculture is accounting for more than 50 per cent of
2017 workplace fatalities (25 September 2017).
More...
Published – articles, papers, reports
NHVR: On the Road, Issue 19, 25 September 2017
On the Road provides important information 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 HVNL.
In practice and courts
Office of the Federal Safety Commissioner: FSC Online
exclusive reporting submissions
As of 1 October 2017, the OFSC will only be accept WHS reports
completed through FSC Online.
The OFSC will no longer accept emailed, faxed or posted WHS Scheme
reports. This is timed with the Scheme Project Reports that are due
by 15 October. Companies that are not currently registered for FSC
Online can do so by clicking on the FSC Online banner on
www.fsc.gov.au. A detailed User Guide
is available should users wish to familiarise themselves with the
online reporting requirements outside of the system (04 October
2017).
October is Safe Work Month
Safe Work
Australia was established in 2008 to develop national policy
and guidance for WHS and workers' compensation. Since then,
they have been running national campaigns to raise awareness about
WHS in the Australian working community. Safe Work Australia will
launch
Safe Work Month for the month of October. This year's theme
is "Sharing safety knowledge and experience benefits
everyone".
NHVR: New vehicle modification standards come into
effect Sept 1
Version 3 of the new Vehicle Standards Bulletin 6: National
Code of Practice for Heavy Vehicle Modifications
(VSB6) will become the new national standard for
the most common modifications made to heavy vehicles, effective on
1 September 2017. From 1 October, all modifications certified by an
AVE must be done in accordance with VSB6 Version 3.
More...
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NSW
NSW Government: SA17 - 10 September 2017
Response times of gas detectors - This safety alert provides
information on a serious incident and safety advice for the NSW
mining industry.
More...
Consultation @ Work Conference
25/10/2017 - If you are a Health and Safety Representative
(HSR), HSR training provider, an employer or a
worker, you are invited to attend our free Consultation @ Work
Conference. This is the first time SafeWork NSW has held this
conference.
More...
SafeWork NSW reminds Broken Hill community about Farm
Safety event
With less than two weeks until SafeWork NSW's free community
farm safety event at Broken Hill, SafeWork NSW is urging the local
farming community to come along.
Training courses will be held in the Broken Hill area on 26, 27
and 28 September.
More...
Queensland
WorkCover Queensland: Worker struck in head by portable
hydraulic jack
In September 2017, a worker sustained serious head injuries while
operating a portable hydraulically powered jack. This alert is a
reminder that the incorrect use or operation of hydraulic equipment
under pressure can be extremely dangerous. Preventing a similar
incident is outlined here (28 September 2017).
More...
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Victoria
WorkSafe Victoria: Safety Soapbox 22 September
2017
Access the latest edition of Safety Soapbox here
22 September 2017. Read the list of reported incidents from 1
September to 14 September 2017. Since the last edition of Safety
Soapbox, there have been 71 incidents, serious enough to be
reported to WorkSafe, from the construction, utility, quarrying and
mining industries. More...
Cases
Construction, Forestry, Mining and Energy Union v Director of the
Fair Work Building Industry Inspectorate [2017]
FCA 1166
INDUSTRIAL LAW – proceedings brought against regulator
– admitted contravention of s 503(1) Fair Work Act
2009 (Cth) – appropriate form of declaration to reflect
agreed facts – relevant considerations in determining penalty
– principles of deterrence – utility in pecuniary
penalty – importance of general deterrence – payment of
penalty to applicant - Building and Construction Industry
(Consequential and Transitional Provisions) Act 2016 (Cth) Sch
1 Pt 1.
Australian Building and Construction Commissioner v Upton (The
Gorgon Project Case) [2017]
FCA 847
INDUSTRIAL LAW – alleged contraventions of ss 346(a), 348 and
500 of the Fair Work Act 2009 (Cth) – whether first
respondent took "adverse action" against non-union
employees – whether first respondent threatened non-union
employees with intent to coerce non-union employees to engage in
industrial activity – whether first respondent acted in
"improper manner" – whether second respondent
liable for conduct of first respondent under s 793 –
accessorial liability under s 550 – combined operation of s
793 and s 550(1).
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Paper Australia Pty Ltd 061 583 533
27/09/2017
Failure to conduct a risk/hazard assessment; Failure to conduct a
risk/hazard identification; Falls/work at height offences; Failure
to provide a safe working environment; Failure to provide a safe
workplace. Occupational Health and Safety Act 2004
21(1)&(2)(c) ; Latrobe Valley Magistrates' Court.
Legislation
Victoria
No. 48: WorkSafe Legislation Amendment Act 2017 Assent: 26/09/2017 SG (No. 324) 26/9/2017 pp 1, 2 Commencement: S. 27 on 01/07/2014: s. 2(2) Pts 1-3 (ss 1-8), ss 9, 20, 23, 24, 26, 28-40, Pt 6 (s. 41) on 27/09/2017: s. 2(1) Not yet in operation: Ss 10-19, 21, 22, 25.
NSW
Regulations and other miscellaneous instruments
Work Health and Safety Amendment (Penalty Notices) Regulation
2017
(2017-554) — published LW 29 September 2017.
Queensland
Bills
Work Health and Safety and Other Legislation Amendment Bill
2017
Introduced by: Hon G Grace MP on 22/08/2017 Stage reached: Report
from Committee on 5/10/2017.
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.