In the media
A new Senate inquiry into industrial deaths
Another Australian Government inquiry into workplace
health and safety (WHS) was announced on 26 March
2018. According to the Senate Hansard, the Senate's Education
and Employment References Committee will report on a range of
occupational health and safety (OHS) matters by
the end of September 2018.
New:
The prevention, investigation and prosecution of industrial deaths
in Australia
Status: Accepting Submissions; Date Referred: 26 March 2018;
Submissions Close: 06 June 2018; Reporting Date: 20 September
2018.
Stevedoring safety standards set for Queensland
wharfies
From Easter Saturday onwards, wharfies in Queensland will
be protected by national stevedoring safety guidelines. The
Managing risks in stevedoring code of practice is approved national
guidance under harmonised work health and safety laws (29 March
2018).
More...
Mechanic to win payout after accident
A landscaping and building company will have to pay
damages to their former mechanic after he was injured in 2007 by
the 200kg bash plate he was removing from the underside of a Volvo
Loader. The decision shows that vehicle owners will have a duty of
care to an independent contractor when they are aware of a defect
that has not been rectified (29 March 2018).
More...
Man dies in farm truck rollover near Warragul
A worker in his early 30s has died after the fertiliser
spreader truck he was driving rolled on a steep hill north-east of
Warragul yesterday afternoon. The fatality brings the number of
confirmed workplace deaths this year to eight, one less than at
this time last year. Four of the fatalities to occur this year have
been on farms (29 March 2018).
More...
Bankstown builder fined $405,000 over apprentice
fatality
A Bankstown building contractor has been fined $405,000
after a 19-year-old apprentice tragically died after being injured
at work, Minister for Better Regulation Matt Kean said. Co-Wyn
Building Contractors Pty Ltd recently pleaded guilty in the Sydney
District Court to failing to protect the health and safety of its
workers (27 March 2018).
More...
$15,000 fine after bricklayer falls from scaffolding in
Queensland
A scaffolder has been fined $15,000 after pleading guilty
in the Richlands Magistrates Court to breaching work safety laws
over an incident in which a bricklayer suffered serious injuries in
a fall from height. The defendant, also ordered to pay court costs
totalling $92.50 and with a conviction recorded, held duties under
s28 of the Work Health and Safety Act 2011, being a
scaffolder (27 March 2018).
More...
New landmark study to reduce track crashes
launched
A landmark study which aims to reduce heavy vehicle
crashes in Australia and improve truck driver well-being has been
launched today. The new study, the Advanced Safe Truck Concept is
an Australian Government Cooperative Research Centre Project, aims
to reduce deaths from truck crashes by developing new technologies
achieved through studying behaviour and understanding the impact of
driver fatigue and distraction in particular (27 March 2018).
More....
MBA: Business efficiency to improve after WHS law
change
Several changes were made to the WHS Act last week, which
will affect all employers in the way they conduct their business.
The amendments will also help to improve compliance and enforcement
measures for WHS Regulators, making workers and business owners
healthier, safer, more productive, as well as safeguard public
safety (26 March 2018).
More...
Do you own or are licenced to operate a vehicle loading
crane?
Commencing in August 2018, Workplace Health and Safety
Queensland (WHSQ) and the Department of Transport
and Main Roads (DTMR) will conduct an enforcement
campaign to ensure VLC owners and operators are complying with
relevant work health and safety and road safety requirements (26
March 2018).
More...
Company fined $380,000 after Mt Waverley pit
collapse
A structural engineering firm which drew up the plans for
excavation works at a Mt Waverley construction site has been
convicted and fined $380,000 after the pit collapsed, leaving homes
teetering on the edge of a 10 metre drop. Aldo DiTonto, the
engineer and sole director of the firm, was also convicted and
fined $100,000 (23 March 2018).
More...
Company fined $42,000 for failing to guard
machinery
A Hoppers Crossing cardboard carton manufacturer has been
fined $42,000 for failing to properly guard four separate pieces of
machinery. Ramabo Pty Ltd pleaded guilty in the Werribee
Magistrates' Court to four charges of failing to maintain plant
and equipment that was safe and without risks to health (23 March
2018).
More...
Undertaking to deliver $250k of industry benefits
following wall collapse in Queensland
A wide range of construction industry safety initiatives
are being developed as part of an enforceable undertaking agreed to
by RGD Constructions Pty Ltd. The undertaking came in the wake of a
wall collapse which fortunately resulted in no injuries (27 March
2018).
More...
More...
One dead, one injured in trench collapse near
Ballarat
A man in his 30s has died and a second worker in his 20s
has been seriously injured after a trench collapsed at a
subdivision site at Delacombe, near Ballarat, yesterday (22 March
2018).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 29 March, there have been 28 Australian workers
killed at work in 2018.
More...
NHVR: On the Road, Issue 28, 26 March 2018
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
Release of draft Industrial Chemicals Rules and
Categorisation Guidelines
An exposure draft of the rules and guidelines with
explanatory notes are now available. Consultation is open until 4
May. More...
SWA Model WHS laws: consultation
Public consultation to explore how the
model WHS laws are working in practice is now
open. Marie Boland is leading the review and would
like to hear: what is working and why; will it continue to work in
the future; what doesn't work and why, and what we could do to
make it work. Written submissions are due by 13 April 2018.
More...
AMSA: Crewing requirements for grandfathered passenger
vessels
Exemption 28 has been extended from 1 January 2018 until
30 June 2018. Until 30 June 2018, the owners of grandfathered
passenger vessels (Class 1) can choose whether to comply with the
number of crew required in NSCV Part E (number of crew) or the
grandfathered crewing requirements that applied to the vessel on 30
June 2013.
More...
Queensland
Transport Operations (Road Use Management –
Dangerous Goods) Regulation 2008
Gazettal of Notification of Determination on the
Transportation of Dangerous Goods under section 25 of the
Transport Operations (Road Use Management – Dangerous
Goods) Regulation 2008. Pursuant to Section 25 of the
Regulation the dangerous goods referred to in Schedule 1 must not
be transported in the stated quantities at the stated times within
the stated areas in Schedule 2, being the Commonwealth Games 2018
period.
Infographic highlights construction work safety
concerns
There are an average 8,000 workplace injuries in the
construction industry every year, affecting one in every 30
workers. One in every 75 suffers a serious injury and eight die
each year as a result of workplace injury. More than $100 million
is paid out annually for construction workers' compensation
claims (27 March 2018).
More...
WorkCover Queensland: Worker impaled by starter bar at
construction site
In February 2018, a worker was impaled by a starter bar
after falling into a 1.8m deep excavation at a construction site.
This incident highlights the falls risks associated with excavation
and trench work. Control measures for workers on excavation or
trench work are outlined here (21 March 2018).
More...
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...
Victoria
Safety Alert: Warning devices on powered mobile
plant
Guidance for employers, self-employed persons and people
who have management and control of a workplace (legal duty holders)
about the unsafe work practice of deactivating warning devices on
powered mobile plant (27 March 2018).
More...
Victoria: Have you checked the new compliance
codes?
If you haven't yet had a chance to check out the five
new compliance codes (codes) released last week,
take a look now. Of particular use for HSRs in most if not all
workplaces, is the Hazardous manual handling
Compliance Code. While the old 2000 Code of Practice could
be used, it's great to have the new up-to-date one available.
The other four new codes are: Facilities in construction;
Confined spaces; Plant; Noise. These and the other Compliance
Codes can also be downloaded on
this page of the OHS Reps website.
Cases
Australian
Building and Construction Commissioner v Construction, Forestry,
Mining and Energy Union (The Cup of Tea Case) [2018]
FCA 402
INDUSTRIAL LAW – allegations of contraventions of
s500 of the Fair Work Act 2009 (Cth) – whether the
respondents sought to exercise a right conferred by s 484 were
exercising or seeking to exercise rights under Pt 3-4 of the Act
– whether the entry on a site for a social purpose falls
within s484 of the Act.
INDUSTRIAL LAW – allegation of contraventions of s348 of the
Fair Work Act 2009 (Cth) – whether respondent
threatened to take action against a contractor – oral
evidence from two witnesses of the same conversation –
evidence from both witnesses exactly balanced – burden of
proof is not discharged.
Safe Work NSW v Christopher Michael Butler; Safe Work NSW v
Edgesafe Pty Ltd
[2018] NSWDC 60
CRIMINAL LAW – work health and safety offence -
plea of guilty – risk of death or serious injury SENTENCE
– mitigating factors – aggravating factors – fine
– capacity to pay – circumstances – objective
seriousness – specific deterrence – general deterrence
– appropriate penalty SENTENCE PRINCIPLES – parity
– totality – community values – remorse –
contrition – prospects of rehabilitation.
Safe Work NSW v Co-Wynn Building Contractors Pty Ltd
[2018] NSWDC 61
CRIMINAL LAW – work health and safety offence -
plea of guilty – risk of death or serious injury SENTENCE
– mitigating factors – aggravating factors –
circumstances – objective seriousness – specific
deterrence – general deterrence – appropriate penalty -
fine SENTENCE PRINCIPLES – parity – totality –
community values – remorse – contrition –
prospects of rehabilitation – victim impact statement.
SafeWork NSW v Millart Enterprises and Notlad Enterprises
[2018] NSWDC 52
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – duty of
employers – risk of death or serious injury – death of
a customer. SENTENCE – mitigating factors – aggravating
factors – fine – capacity to pay – circumstances
– objective seriousness – specific deterrence –
general deterrence – appropriate penalty COSTS –
prosecution costs.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Aldo DiTonto 23/03/2018
Directors - offences by; Failure of designers of
buildings or structures; High risk construction work
Occupational Health and Safety Act 2004 144; Melbourne
County.
AM Design & Construction Pty. Ltd.
055 903 181 23/03/2018
Directors - offences by; Failure of designers of
buildings or structures; High risk construction work Occupational
Health and Safety Act 2004 23(1); Melbourne County.
Legislation
Victoria
Statutory Rules made
No. 27: Rail Safety (Local Operations) (Drug and
Alcohol Controls) Amendment Regulations 2018
Date of Making: 6/03/2018 Commencement: 06/03/2018
Not yet in operation: N/A Sunset Date: 06/03/2028.
New South Wales
Bills assented to
Work Health and Safety Amendment Act 2018 No 12 —
Assented to 21 March 2018
For the full text of Bills, and details on the passage of Bills,
see Bills.
Queensland
Mines Legislation (Resources Safety) Amendment Bill 2018
Introduced by Hon A Lynham MP 20/03/2018
This Bill strengthens and expands the range of compliance and
enforcement options for serious safety and health breaches of the
legislation by introducing the options of civil penalties or
cancellation or suspension of a holder's statutory certificates
of competency or other competencies. The Bill also increases
maximum penalties for breaches of mining safety and health
obligations, to keep more in step with maximum penalties under
general workplace safety and health legislation.
Subordinate legislation as made – 31 March 2018
No 33: Work Health and Safety (Codes of Practice) (Stevedoring) Amendment Notice 2018 31/03/2018
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.
