In the media
BMA drives equipment safety with original
invention
BHP Mitsubishi Alliance (BMA)'s
Saraji team has invented an alternative way of pulling mobile
equipment across the mining industry to reduce a manual handling
risk (09 September 2019).
More...
Canberra developer fined after teen breaks neck at
worksite
The ACT's WorkSafe commissioner says a fine of
$180,000, delivered to a developer responsible for safety breaches
that saw a 16-year-old student break his neck on a construction
site, is inadequate (09 September 2019).
More...
Premier warns of 'deadly outcomes' in cladding
crisis blame game
Premier Daniel Andrews has warned that lives could be lost
unless the state and federal governments work together to resolve
the cladding crisis. Mr Andrews said the federal government must
also play its role, particularly in relation to importation,
customs, labelling and product safety issues (08 September 2019).
More...
Worker severely injured by agricultural machine in
Queensland
In June 2019, a worker suffered traumatic injuries to both
arms as a result of becoming entrapped by a pulling winch. A person
conducting a business or undertaking has duties under WHS
legislation to ensure, so far as is reasonably practicable the
provision and maintenance of safe plant (06 September 2019).
More...
Queensland safety reset edges closer to completion
The Queensland safety reset has officially reached 96 per
cent of the state's mine and quarry workforce despite the
deadline being at the end of August (05 September 2019).
More...
Ombudsman SA finds SafeWork SA mishandled saleyards
investigation
Livestock handlers are concerned about safety regulators
around the country understanding the hazards of handling livestock,
after SafeWork SA mishandled an investigation into a saleyard fault
(04 September 2019).
More...
Regulations banning dry stone cutting now in
effect
Employers must now ensure power tools are not used to cut,
grind or abrasively polish engineered stone unless on-tool water
suppression or dust extraction devices are in place and respiratory
protection is used. The tough new regulations will dramatically cut
workers' exposure to crystalline silica and reduce their
likelihood of developing silicosis (03 September 2019).
More...
Director, company fined $116K for abusing staff
A Melbourne director and his security company have been
convicted and fined a total of $116,250 for repeatedly bullying
employees in the workplace. WorkSafe's investigation found that
between April 2015 and August 2016, Moncrieff led a culture of
entrenched bullying at the company (02 September 2019).
More...
South32 resumes NSW coal operations following safety
emergency
South32 has temporarily suspended its operations at the
Appin and Dendrobium metallurgical coal mines in New South Wales
due to a safety issue over mining equipment (03 September 2019).
More...
Manufacturing safety climate predicts machine operating
behaviours
The NSW Centre for Work Health and Safety is working with
metal and wood manufacturing businesses to try to reduce incidents
by improving their "safety climate" (02 September 2019).
More...
Published – articles, papers, reports
Safe Work Australia fatality statistics
As at 29 August, there have been 101 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
NSW
SafeWork NSW: List of enforceable undertakings to
September 2019
Wagga Motors Pty Ltd
BGIS Pty Ltd
Boral Cement Pty Ltd
Delta Pty Limited
Nupress Tools Pty Ltd
Lindsay Australia Limited
Hannewe K
Trinity Constructions (Aust) Pty Limited
Safework NSW: Have your say on the NSW draft formwork
code of practice
The NSW Government is seeking
feedback on a draft formwork code of practice, which aims to
provide practical guidance for workers and businesses when working
with formwork and falsework. The consultation period closes 17
September 2019.
More...
Queensland
Business Queensland safety alerts
Open gas connection ignites and causes injury at
commercial kitchen | Business Queensland
11 September 2019: Petroleum and gas safety alert 93
Commercial kitchen – Open gas connection ignites and causes
injury Commercial kitchen – Open gas connection ignites and
causes injury.
More...
The importance of hazardous area classification |
Business Queensland
04 September 2019: Petroleum and gas safety information
bulletin 6
Installing the correct equipment in locations where there is
potential for an explosive gaseous atmosphere is critical to
ensuring safety outcomes. Deficiencies in hazardous area
classification have been brought to the Inspectorates attention
Subject Electrical equipment; Gases.
More...
WorkSafe Victoria
Safety alert: Near miss from falling counterweight
WorkSafe Victoria is issuing a reminder about safety
following a near miss when a counterweight hoist failed on a mining
site (04 September 2019).
More...
Cases
SafeWork NSW v Poletti Corporation Pty
Ltd [2019] NSWDC
491
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of PCBU
to other persons – risk of death or serious injury –
injury of worker – WORK HEALTH AND SAFETY – fall from
height - likelihood of risk occurring – whether defendant had
knowledge of risk – whether risk reasonably foreseeable
– reasonable practicable – fall prevention - control
measures – relevance of Australian Standard – provision
of work platforms and edge protection – causation.
SafeWork NSW v ADN Investments Pty Limited; SafeWork
NSW v Adnan Yassine [2019] NSWDC
469
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – risk of
death or serious injury – SENTENCE – objective
seriousness – mitigating factors – early plea of guilty
– assistance to prosecuting authority – general
deterrence – specific deterrence – appropriate penalty
– OTHER – excavation below base of wall of adjacent
building – work went ahead under time and cost pressures
ignoring safety obligations – collapse and eventual
demolition of adjacent building.
Safework NSW v K & R Fabrications (W'gong) Pty
Limited (No. 2) [2019] NSWDC
457
CRIMINAL LAW – prosecution – work health and
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 – OTHER – unrestrained bearing housing of gearbox
fell on worker causing serious injury – need for bearing
housing to be restrained when backing plates of housing were
removed – need for SWMS or JSA for task being carried
out.
Susan McCarrey, National Rail Safety Regulator v Sydney
Trains [2019] NSWDC
453
CRIMINAL LAW – prosecution – rail safety
– duty of rail operator – risk of death or serious
injury – SENTENCE – objective seriousness –
mitigating factors – aggravating factors – plea of
guilty – general deterrence – specific deterrence
– totality – appropriate penalty – COSTS –
prosecution costs – OTHER – railway worker struck and
killed by train – worksite briefing and/or induction not
undertaken – worksite supervisor's verification of
worksite pre-work briefing not undertaken – no diagram or map
of worksite protection arrangements produced – system of
placing physical signs, tape, barriers or other controls required
–OTHER – railway workers – no work on track
protection in accordance with NWT 300 Planning Work in the Rail
Corridor.
Victorian Prosecution Result Summaries and Enforceable Undertakings
Melbourne Cricket Club
Melbourne Magistrates' Court Occupational Health
and Safety Act 2004
Section26(1) Outcome 05 Sep 2019
Star (Australia) Constructions Pty Ltd
Moorabbin Justice Centre Occupational Health and
Safety Act 2004
Section26(1) Outcome 04 Sep 2019
Helms Plumbing Pty Ltd
Broadmeadows Magistrates' Court Occupational
Health and Safety Act 2004, Occupational Health and Safety
Regulations 2017 Section21 & regulation 327 Outcome 04 Sep
2019
Legislation
Queensland
Bills
Resources Safety and Health Queensland Bill 2019
Stage reached: Referred to Committee on 4/09/2019
The objective of the Bill is to establish a revised regulatory
framework for resources safety and health in Queensland that
engenders worker trust, ensures appropriate independence and
transparency, and enhances independent oversight of the performance
of the regulator.
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.
