In the media
Training organisation fined $200,000 for fraud
An occupational health and safety training organisation
has been convicted and fined $200,000 for falsifying scaffolding
and forklift training records. An assessor employed by the company
has also been fined $25,000 without conviction (19 July 2019).
More...
Construction site supervisor who set fire to apprentice
pleads guilty in tribunal
An Adelaide construction site supervisor who doused an
apprentice in flammable liquid and set his clothes on fire has
pleaded guilty to breaching the Work Health and Safety Act (17 July
2019).
More...
Queensland takes action following string of mining
accidents
The resources industry responded by calling for a safety
reset at mines and quarries across Queensland by the end of August.
Queensland's Mining Safety and Health Advisory Committee now
includes a district workers' representative and Queensland
Mines Inspectorate. (16 July 2019).
More...
Champion month for workplace safety
Safe Work Australia has announced that the theme for this
year's National Safe Work Month, to be held in October, is for
every worker to Be a Safety Champion (16 July 2019).
More...
New resource to protect outdoor workers
ARPANSA has contributed to the Cancer Council's new
resource for people who work outdoors and their employers. Skin
cancer and outdoor work— A work health and safety guide
provides workers with information and strategies on identifying and
managing UV radiation as a workplace hazard (15 July 2019).
More...
Taskforce to clean up additional dangerous goods
site
The WorkSafe-led taskforce overseeing the removal of waste
chemicals in the northern suburbs will clear another site in
Campbellfield. Under Victoria's Dangerous Goods Act, duty
holders who breach regulations in relation to the storage and
handling of dangerous goods are required to take action to ensure
their sites comply with the law (13 July 2019).
More...
World update recognises emotional key to healthy
workplaces
In its recent 11th Revision of the International
Classification of Diseases, The World Health Organisation
recognised the serious effects of burnout, defining it as a
syndrome resulting from chronic workplace stress that has not been
successfully managed (12 July 2019).
More...
Foundry fined $650,000 after worker's death
Bradken Resources Limited was fined in the Melbourne
County Court after being found guilty by a Wangaratta County Court
jury of failing to provide and maintain safe plant following a 10
day trial. A WorkSafe investigation into the 22 July 2014 death led
to the company being charged with a single breach of the
Occupational Health and Safety Act (10 July 2019).
More...
Tradesman convicted in relation to bullying young
workers
SafeWork NSW is encouraging businesses to remember mental
health at work after a Hunter tradesman was convicted of failing to
take reasonable care that his actions did not adversely affect the
health and safety of two young workers (09 July 2019).
More...
$150,000 fines imposed after deadly duck farm fall
The trustee of a duck farm operator and a maintenance
contractor have each been fined $75,000 following the death of a
worker at a property near Nhill. Friosal Enterprises trustee Glenn
Fraser pleaded guilty to a charge of failing to provide and
maintain systems of work that were safe and without risks to health
(09 July 2019).
More...
Fine imposed for high-pressure clean of asbestos
roof
A ruling in the Southport Magistrates Court has again
highlighted the dangers of cleaning asbestos roofs and that codes
of practice must be followed. A company which operates childcare
centres was fined $3,500 for a breach of section 446 of the Work
Health and Safety Regulation 2011 (08 July 2019).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 8 July, there have been 77 Australian workers killed
at work in 2019. The numbers and industries may vary from one
report to the next, as Safe Work receives more detailed
information.
More...
In practice and courts
New Guide Helps to Reduce Injury & Fatality in the
Mining Sector
The Minerals Industry Safety & Health Centre and
Australian Mines & Metals Association has released their latest
edition of the Augmented Reality Mining & Quarry Industry Guide
to Workplace Safety 2019/20, distributed free of charge Australia
wide (11 July 2019).
More...
OFSC: Changes to Accredited Contractor reporting
requirements 2019
Scheme Project information, including End of Project
information has been reported on the new Scheme Biannual Report
from 1 July 2019 and the first Scheme Biannual Report, for
the January to June 2019 reporting period, is due by 31 July 2019.
More...
SafeWork Australia: consultation regulation impact
statement: Recommendations of the 2018 Review of the Model WHS
Laws
Safe Work
Australia (SWA) is calling on stakeholders to
provide feedback on recommendations for improving the model work
health and safety laws. Before implementing the recommendations,
SWA is calling for anyone who may be affected by them to provide
feedback via their
Engage page. Written submissions are due by 5 August 2019.
More...
NSW
SafeWork NSW Incident Report: Roofer fall from
height
SafeWork NSW commenced an investigation to determine the
cause and circumstances of the incident.
You should consider 'reasonably practicable' control
measures to manage the risk of falls (9 July 2019).
More...
Queensland
Fatal incident when excavator engulfed after pit wall
failure | Business Queensland
Mines safety alert 364
On Wednesday 26 June 2019 at approximately 12.20pm, a 55 year old
coal mine worker was fatally injured while he was operating an
excavator at an open cut coal mine in Queensland's Bowen Basin
(09 July 2019).
More...
Victoria
Safety Soapbox
Feature: A reasonable risk control for hazards constantly
changes over time as new ways to eliminate the hazard or reduce the
risk become available or suitable in the industry (17 July 2019).
More...
Cases
SafeWork NSW v E G Knight & Sons Pty Ltd [2019] NSWDC
336
OCCUPATIONAL HEALTH & SAFETY – plea of guilty
– general principles – foreseeability – objective
seriousness of the offence – safety management system –
objective knowledge of defendant CRIME – prosecution –
work health & safety – duty of persons undertaking
business – duty of employers – risk of death or serious
injury – plea of guilty – general and specific
deterrence – unguarded farm machinery
Mark Rolph v SafeWork NSW and Anor [2019] NSWIRComm
1043
WORKPLACE HEALTH AND SAFETY – application for
external review – determination of work groups –
whether work groups should be subject to geographical restriction
– mobility of workforce – uniqueness of risks across
network – balance of considerations
SafeWork NSW v Millwell Cush Pty Ltd [2019] NSWDC
302
CRIMINAL LAW – prosecution – work, health
& safety – duty of persons undertaking business –
risk of death or serious injury SENTENCE – objective
seriousness – mitigating factors – aggravating factors
– plea of guilty – general deterrence – specific
deterrence – appropriate penalty COSTS – prosecution
costs
R v Truslan Constructions Pty Ltd [2019] NSWDC
321
CRIMINAL LAW – prosecution – Work, Health
& Safety – duty of person undertaking business –
risk of death or serious injury – aggravating and mitigating
factors – specific deterrence – general deterrence
Victorian Prosecution Result Summaries and Enforceable
Undertakings
Spence Building and Joinery Pty Ltd Colac Magistrates'
Court
Occupational Health and Safety Act
2004,Occupational Health and Safety Regulations 2017
Section 21(1) & 327 Outcome 15 July 2019
Mohammed Aktifan Broadmeadows Magistrates' Court
Workplace Injury Rehabilitation and Compensation
Act 2013 Section 585(1) Outcome 12 July 2019
Legislation
Queensland
Subordinate legislation as made – 19 July
2019
No 139
Electrical Safety Amendment Regulation (No. 1) 2019
Omission of s 73A (Work involving PV modules at solar farms)
No 140
Mining Legislation (Classification of Chemicals) Amendment
Regulation 2019
Amendment of Coal Mining Safety and Health Regulation 2017 and
Hazardous chemicals and dangerous goods
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