In the media
Resources Regulator takes multinational company to
Court
The NSW Department of Planning and Environment's Resources
Regulator has commenced prosecution proceedings against Sibelco
Australia Limited for alleged breaches of the Work Health and
Safety Act 2011, sections 19 and 32 of the Work Health and
Safety Act 2011 by failing to provide safe plant and
equipment, a safe system of work and adequate supervision (31
January 2018).
More...
Two dead, one injured in horror 48 hours
Two young workers have died and a third has been seriously injured
in three separate incidents in Victorian workplaces over the past
two days. Head of Operations and Emergency Management Adam Watson
said it's important that employees starting at new worksites
are properly briefed on how to perform tasks safely and that those
returning to work are reminded of the risks (30 January 2018).
More...
Workshops to improve safety in horse
industries
The NSW Government will host a number of safety workshops across
the state aimed at reducing horse-related injuries and fatalities
among novice and beginner riders. The NSW Code of Practice for
managing risks when new or inexperienced riders or handlers
interact with horses in the workplace (COP) had
been in place since February 2017 (31 January 2018).
More...
NHVR approves personal use fatigue
exemption
The National Heavy Vehicle Regulator (NHVR) has
approved an exemption that will allow drivers of fatigue-related
heavy vehicles additional time for personal use, with up to one
hour of non-commercial use of a heavy vehicle allowed outside
regulated driving hours (30 January 2018).
More...
AAA points to poor progress of safety
strategy
Nearly 90 per cent of the targets contained within the National
Road Safety Strategy (NRSS) will not be met, the
Australian Automobile Association (AAA) states (30
January 2018).
More...
Resources Regulator begins prosecution proceedings
against Hunter mine operator and employer
The NSW Department of Planning and Environment's Resources
Regulator has commenced prosecution proceedings against LakeCoal
Pty Ltd and LD Operations Pty Ltd. The Regulator alleges that
LakeCoal Pty Ltd, the mine operator, failed to provide safe systems
of work, and proper training and instruction to workers (30 January
2018).
More...
Make safety a priority in the shearing shed: SafeWork
NSW
SafeWork NSW has urged farmers and sheep shearers to review
shearing shed safety following an incident in November 2017 where a
20-year-old female suffered serious head injuries at Gulargambone
(23 January 2018).
More...
Published – articles, papers, reports
Safe Work Australia - Psychosocial health and safety and
bullying in Australian workplaces:
According to the fourth annual national statement on workplace
bullying from Safe Work Australia, the median direct cost of
harassment and bullying-related mental stress workers' comp
claims is nearly $25,000 higher than the all-claims cost. See
Psychosocial health and safety and bullying in Australian
workplaces: Indicators from accepted workers' compensation
claims, Annual statement, 4th edition, 2017.
More...
Employers wrongly focus on workers'
behaviour
Recent Australian research has found that most employers in two
high-risk sectors focus on workers when dealing with
musculoskeletal and mental health risks - which is contrary to the
legislated hierarchy of controls and the need to target sources of
risk.
Jodi Oakman, et al, Workplace risk management practices to
prevent musculoskeletal and mental health disorders: What are the
gaps? Australia, Safety Science, Volume 101, January 2018.
More...
In practice and courts
NHVR: Personal use fatigue exemption
approved
The NHVR has approved a user-friendly exemption to allow drivers of
fatigue-related heavy vehicles additional time for personal use (30
January 2018).
More...
NHVR: Simplified PBS design approval process
extended
The NHVR has extended its pre-advised design approvals process to
cover 80 per cent of new Performance-Based Standards scheme design
(29 January 2018).
More...
Victoria
WorkSafe Victoria: Compliance codes
review
Comments are now invited on the following two proposed compliance
codes (proposed codes) that align to the Occupational Health
and Safety Regulations 2017 (OHS
Regulations):
Prevention of falls in general construction and
Prevention of falls in housing construction.
The proposed codes include changes to streamline content and bring
then into line with the OHS Regulations. A summary of changes to
the two proposed codes can be found
here. Submissions will be accepted from 1 February 2018 to
close of business 28 February 2018.
New South Wales
SafeWork NSW: New enforceable undertakings
guidelines
The
Enforceable Undertakings (EU) Guidelines have been updated and
commenced January 2018. The new
guidelines provide some high level information around the
process of making an application for an EU. The new guidelines
introduce two assessment stages. The first stage is an
'eligibility' assessment to decide if an EU is an
appropriate enforcement measure, and the second stage is an
'evaluation' assessment of the merit of an EU proposal (29
January 2018).
The SafeWork NSW Prosecution Guidelines have been updated and streamlined. Limited changes have been made to the policy intent of the former guidelines. Workers compensation content has been removed, as this area of responsibility now rests with the State Insurance Regulatory Authority. The guidelines are used to determine what enforcement action should be taken in response to risks which arise and incidents which occur, in NSW workplaces. (29 January 2018). More...
SafeWork NSW: Audiometric testing
exemption
SafeWork NSW has issued a further one year exemption for the
audiometric testing requirements of
clause 58(2) of the Work Health and Safety Regulation
2017 (the Reg). The new exemption will
apply for the period 1 January 2018 – 31 December 2018. The
exemption has been granted because a national review of the model
WHS legislation is due to commence in February 2018, which could
result in changes to the WHS Act and/or WHS Reg – including
Clause 58 Audiometric testing. Please visit the NSW
Government Gazettes 2001-2017 for the latest exemption.
Queensland
WorkCover Queensland: Beware of the risks of working
with high voltage plant
Owners, operators and electrical workers using the Long and
Crawford, or any oil-insulated fuse switch should not open the lid
of these units unless it is completely isolated from the
electricity supply (25 January 2018).
More...
WorkCover Queensland: Two workers die inside agriculture
tanker
In January 2018, two men were found dead in the bottom of a
fibreglass tank on a trailer. The tanker/trailer is a purpose built
tri-axle trailer built for the transport of dunder and molasses.
Working in a confined space can increase the risk of injury.
Employers should ensure that people working in a confined space are
safe by adopting the measures outlined here (31 January 2018).
More...
WorkCover Queensland publications
eSAFE Rural - January 2018 25 January 2018.
WorkCover Queensland: Regulation of the labour hire
industry in Queensland
Queensland will establish a mandatory labour hire licensing scheme
from 16 April 2018 to protect labour hire workers and safeguard
labour hire providers that are ethical and responsible.
Find out more,
read the frequently asked questions, or register for updates
on the development of the scheme and subordinate legislation.
More...
Cases
Nash v Resource Pacific Pty Ltd (No 3) [2018] NSWSC
45
OCCUPATIONAL HEALTH AND SAFETY – trial – Resource
Pacific Pty Ltd prosecuted under s 8(2) and s 10(2) of the
Occupational Health and Safety Act 2000 – not guilty
pleas – defendant operator of coal mine – transport of
reject material from reject bin for disposal – reject
material released from hopper situated in bin into trucks –
loading cycle involved programmable electronic control system to
facilitate correct positioning of truck when load released –
truck driver killed when reject material released from bin onto
cabin of truck – particulars of respective charges considered
– findings of a failure to prove beyond reasonable doubt a
contravention or the defendant had proved on the balance of
probabilities it was not practicable to comply with the duties
under s 8(2) – defendant found not guilty – charges
dismissed.
SafeWork NSW v Broadspectrum (Australia) Pty Ltd [2018]
NSWDC 7
CRIMINAL LAW – prosecution – work health and safety
SENTENCE – objective seriousness – safe systems –
general and specific deterrence – acceptance of
responsibility and remorse – post incident steps taken by
defendant – defendant a citizen of good standing – plea
of guilty Steel storage rack in yard exposed to corrosive elements
– worker collecting item from rack – rack affected by
rust and corroded – rack collapsed – fatal injury.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Bozweld Fabrications Pty Ltd 167 781 151
01/02/2018
Elevated work platform; Failure to conduct a risk/hazard
assessment; Failure to conduct a risk/hazard identification;
Failure to provide a safe system of work; Falls/work at height
offences; Failure to prepare a SWMS; Failure to provide and
maintain a passive fall protection device. Occupational Health and
Safety Act 2004; Occupational Health and Safety Regulations
2007 5.1.9; 21(1)&(2)(a); Dandenong Magistrates'
Court.
Park Street Child Care & Kindergarten
Co-Operative Ltd 697 198 011 31/01/2018
Burns; Failure to provide a safe working environment.
Occupational Health and Safety Act 2004 21(1)&(2)(c);
Frankston Magistrates' Court.
Defor Pty Ltd 005 844 860
31/01/2018
Elevated work platform; Failure to provide a safe system of work;
Failure to provide information, instruction, training or
supervision; Falls/work at height offences; Failure to provide and
maintain a passive fall protection device. Occupational Health
and Safety Act 2004 21(1)&(2)(a); 21(1)&(2)(e);
Melbourne Magistrates Court.
Myrti Pty Ltd 162 476 753
25/01/2018
Falls/work at height offences; Non complied notice; Failure to
provide a safe workplace; High risk construction work. Occupational
Health and Safety Act 2004 26(1); 112(5); Ballarat Magistrates'
Court.
Birch Automotive Pty. Ltd. 131 759 781
25/01/2018
Failure to provide a safe system of work; Inexperienced employee;
Labour hire. Occupational Health and Safety Act 2004
21(1)&(2)(a); 23(1); Dandenong.
Legislation
Victoria
Ports and Marine Legislation Amendment Act No 55 of
2017
Sections 34-38 of this Act came into operation on 31 January 2018
(SG433 12.12.2017)
The Parliament of Victoria enacts: Part 1 — Preliminary 1
Purposes The main purposes of this Act are (a) to amend the
Marine Safety Act 2010 —(i) to apply safety duties
to local port managers and to persons who manage boating activity
events.
Statutory Rules made
No. 136: Building Amendment (Powers of Entry and
Other Matters) Regulations 2017
Commencement: 31/01/2018: reg. 3 Not yet in operation: Regs 1-9: on
31/01/2018: reg. 3 Sunset Date: 19/12/2027.
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.
