In the media
Australia Post delivers on dangerous drivers
Australia Post has called on motorists to take more care
and be alert to postal workers after 768 posties were injured on
Australia's roads in the past financial year (13 September
2018).
More...
Human Rights Commission finds 71% of Australians have
been sexually harassed
The Australian Human Rights Commission study to be
released in Canberra finds 71% of Australians have been sexually
harassed at some point in their lifetimes, with more than four in
five (85%) of Australian women and more than half (56%) of
Australian men over the age of 15 experiencing the behaviour (12
September 2018).
More...
Bullying endemic in councils, Fair Work turns staff
away
There are calls for reform of a legal loophole that sees
council staff affected by bullying denied access to the Fair Work
Commission. The local government sector ranks among the top of all
sectors for worker compensation claims of bullying according to the
federal watchdog Safe Work Australia (11 September 2018).
More...
More than 60 cranes stop work after WorkSafe
investigates Melbourne death
Worksites in Victoria are told to stop using dozens of
cranes, and conduct safety checks on others, after investigators
found the death of a Melbourne worker was likely caused by a
mechanical failure (11 September 2018).
More...
Crane owners, operators urged to conduct safety checks:
Worksafe Victoria
Crane owners and operators need to check a key component
following the preliminary results of a WorkSafe investigation into
the cause of an incident which led to the death of a construction
worker in Box Hill (11 September 2018).
More...
Quarry operator charged over tip wall collapse
death
A Gippsland quarry operator has been charged with two
contraventions of the OHS Act after a contractor died when a tip
wall collapsed and engulfed her truck. The company contravened
section 26 of the OHS Act when it failed to ensure the means of
entering and exiting the workplace were safe and without risk to
health.
More...
'It shouldn't happen': Union calls for
'aggressive' crane regulation after worksite death
It's not just investigators wondering how a man was
killed in a crane accident in Melbourne , with the construction
union saying it's not sure 'what's gone on' in the
tightly regulated industry (7 September 2018).
More...
Hamilton Island transport provider fined after horrific
buggy crash
A transport services company has been fined $220,000 for
offences under the Workplace Health and Safety Act 2011
after a golf buggy crash in 2016 left eight Hamilton Island resort
guests and one worker badly injured. Magistrate Young also took
into account the defendant's early guilty plea after it had
exhausted all legal options (6 September 2018).
More...
Reforms strengthen high standards of Queensland's
building and construction industry
The new legislations includes the creation of a new
licence requirement for mechanical services to address the dangers
posed by incorrectly installed medical gas systems, as well as
legionella in commercial air-conditioning systems like those in
large office buildings or hospitals (5 September 2018).
More...
Builder fined $70,000 after worker fell from roof in
Victoria
Concord Builders Group Pty Ltd was found guilty of two
contraventions of the OHS Act for failing to ensure it provided, as
far as reasonably practicable, a workplace that was safe and
without risk to health (5 September 2018).
More...
Brisbane building firm hit with $400k fine over Eagle
Farm racecourse deaths
Brisbane company Criscon is handed a hefty fine for
failing to prevent the deaths of two workers when a concrete slab
collapsed in a pit at a construction site on Eagle Farm Racecourse
in 2016 (4 September 2018).
More...
More...
Blitz on dangerous chemicals will target inner
west
Starting next week, WorkSafe inspectors will conduct
visits to ensure site occupiers are complying with regulations
about the labelling, storage and handling of chemicals, and have
the correct emergency controls and safety equipment in place (31
September 2018).
More...
Published - articles, papers, reports
Safe Work Australia fatality statistics
As at 6 September, there have been 92 Australian workers
killed at work in 2018. The numbers and industries may vary from
one report to the next, as Safe Work receives more detailed
information. To check for updates and more details on fatalities
since 2003, go to the Safe Work Australia Work-related fatalities
webpage.
Everyone's business: fourth national survey on
sexual harassment in Australian workplaces
Australian Human Rights Commission: 12 September
2018
The Australian public has rightly demanded to know more about
the pervasiveness and impact of workplace sexual harassment and to
see concerted action taken to prevent this behaviour from
occurring. Government and employers need reliable data to inform
their actions and responses to workplace sexual harassment. See
Australian Human Rights Commission
media release and Ms Jenkins'
address to the National Press Club. More...
In practice and courts
The framework surrounding the prevention, investigation
and prosecution of industrial deaths in Australia
On 26 March 2018, the Senate referred the inquiry into the
framework surrounding the prevention, investigation and prosecution
of industrial deaths in Australia to the Education and Employment
References Committee for inquiry and report by 20 September 2018.On
16 August 2018 the Senate agreed to an extension of time for
reporting until 4 October 2018.
More...
Queensland
WorkSafe Queensland: Worker crushed by falling sheets of
balustrading glass
In August 2018, a worker was crushed when multiple sheets
of balustrading glass fell from a truck-mounted A-frame. Actions
Preventing a similar incident are outlined here (7 September 2018).
More...
WorkSafe Queensland: Worker killed in fall from
air-conditioning duct
In August 2018, a worker was killed after falling twelve
metres onto a concrete floor. Early investigations indicate he was
undertaking scheduled maintenance of air-conditioning ducts and was
in the fresh air intake pre-conditioned outside air
(PCOA) unit. Preventing a similar incident and
PCBUs are outlined here (6 September 2018).
More...
QBCC: Safer buildings for Queensland
The Queensland Government recently amended the Building
Regulation 2006 bringing in new safety laws in Queensland. From 1
October 2018 Building Owners may be required to register their
buildings and complete the combustible cladding checklist. More...
Victoria
WorkSafe Victoria Safety Alert: Mining – working
near stope brows and ground failure
A recent incident at an underground mine occurred when
around 100 tonnes of rocks collapsed into an open stope brow. Under
the Occupational Health and Safety Regulations 2017 (OHS
Regulations), mine operators must, so far as is reasonably
practicable, identify all mining hazards at their mine and assess
the risks to health and safety from those hazards.
More...
WorkSafe Victoria Safety Alert: Tailgate lifters and
loading ramps on vehicles and trailers
Two employees have received serious crush injuries in
recent workplace incidents involving the uncontrolled fall of
hydraulically operated loading ramps and tailgate lifters. Duty
holders must provide or maintain plant or systems of work that are,
so far as is reasonably practicable, safe and without risks to
health. Some ways to minimise the risk of an uncontrolled fall of
ramps or tailgates are included here (7 September 2018).
More...
Safety Soapbox 2018
This issue's editorial talks of WorkSafe's current visits
to construction sites to ensure the risks associated with setting
up and operating truck-mounted mobile concrete boom pumps (boom
pumps) are being controlled. There is also a roundup of information
from other jurisdictions.
More...
Cases
SafeWork NSW v Deicorp Pty Ltd
[2018] NSWDC 251
CRIMINAL LAW – Prosecution – work health &
safety – duty of persona undertaking business – risk of
death and serious injury.
SENTENCE – Objective seriousness – mitigating factors
– aggravating factors – plea of guilty – general
deterrence – specific deterrence – appropriate
penalty.
SENTENCING PRINCIPLES – Totality – remorse –
contrition – appropriate penalty.
COSTS – Prosecution costs.
SafeWork NSW v Rock Form Group Pty Ltd
[2018] NSWDC 252
CRIMINAL LAW – Prosecution – work health &
safety – duty of persona undertaking business – risk of
death and serious injury.
SENTENCE – Objective seriousness – mitigating factors
– aggravating factors – plea of guilty – general
deterrence – specific deterrence – appropriate
penalty.
SENTENCING PRINCIPLES – Totality – remorse –
contrition – appropriate penalty.
COSTS – Prosecution costs.
SafeWork NSW v Phong Warehouse & Distributor Pty
Ltd [2018] NSWDC 253
CRIMINAL LAW – Prosecution – work health &
safety – duty of persona undertaking business – risk of
death and serious injury.
SENTENCE – Objective seriousness – mitigating factors
– aggravating factors – plea of guilty – general
deterrence – specific deterrence – appropriate
penalty.
SENTENCING PRINCIPLES – Totality – remorse –
contrition – appropriate penalty – capacity to pay
fines imposed.
COSTS – Prosecution costs.
Multiplex Constructions Pty Ltd v The Regulator under
the Work Health and Safety Act 2011 [2018]
QIRC 116
WORK HEALTH AND SAFETY – EXTERNAL REVIEW –
INTERLOCUTORY APPLICATION – APPLICATION FOR STAY OF OPERATION
OF DECISION – Whether jurisdiction to order stay pursuant to
s 229C of the Work Health and Safety Act 2011 –
whether stay should be ordered – whether the applicant has an
arguable case – whether the balance of convenience and
competing rights of the parties is in favour of the application
– whether there is a risk of the review being abortive
without the stay.
Legislation
Queensland
Subordinate legislation as made
Reminder SL No 110
Building and Other Legislation (Cladding) Amendment Regulation 2018
(Qld)
The policy objectives of the Regulation are to determine the extent
of the use of potentially combustible cladding on existing private
buildings in Queensland and raise awareness with building owners of
the risks associated with potentially combustible cladding. The
Regulation commences on 1 October 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.