COVID-19
Queensland prepares COVID-19 vaccination hub for FIFO
workers
The Queensland Resources Council has supported state Chief
Health Officer Jeannette Young's decision to include fly-in,
fly-out (FIFO) workers in a new priority
vaccination list (09 August 2021). More...
Scott Morrison rules out mandatory COVID-19 vaccine
policy, says employers must 'make their own
decisions'
Prime Minister Scott Morrison has ruled out mandating
COVID-19 vaccinations at a federal policy level, saying employers
must "make their own decisions" when it comes to
enforcing jabs for high-risk workers (07 August 2021). More...
In the Media
Industrial manslaughter charges laid against MSF Sugar
Pty Ltd
The Queensland independent Work Health and Safety
Prosecutor has charged MSF Sugar Pty Ltd, one of the country's
biggest sugar millers, with industrial manslaughter under the
Electrical Safety Act 2002, in relation to an electrocution
incident near Little Mulgrave in far north Queensland in July 2019
(11 August 2021). More...
ACT industrial manslaughter Bill passes carrying $16.5m
penalty
In the Australian Capital Territory, a Bill passed on 5
August 2021 implementing wider reach and higher penalties for
industrial manslaughter, which is now an offence under the Work
Health and Safety Act (09 August 2021). More...
'Inadequate training': Cherry orchard used
'mime' for safety induction, coroner finds
A coroner criticises a cherry orchard for using mime to
induct workers with limited English skills after an Ethiopian
migrant is dragged under a trailer and crushed (09 August 2021).
More...
Cart incident raises communication concerns
The New South Wales Resources Regulator is recommending
plant operators establish positive communications before entering
the work area of other mobile plants following a cart accident at
an open cut mine site (09 August 2021). More...
Victoria's on-the-spot fines for OHS non-compliance
now in force
As of 20 July, WorkSafe Victoria inspectors can issue
infringement notices to individuals or businesses, with penalties
of up to $1817.40 for certain offences (06 August 2021). More...
Fatal fall lands company, director $375,000 fine
In Victoria, a company and its director have been fined
$250,000 and $125,000, respectively, after a worker fell from an
unsecured cage elevated by a forklift (04 August 2021). More...
Hazard 2020 - one third of incidents placed workers in
serious danger
The Federal Safety Commissioner's year-long Hazard
2020 safety campaign is now three-quarters complete. Trends from
previous months remain largely unchanged with improved compliance
with most WHS Accreditation Scheme audit criteria for mobile plant,
but limited or no improvement in scaffolding related criteria (05
August 2021). More...
AMMA framework to aid workforce mental health
The Australian Resources and Energy Group
(AMMA) will aim to assist employers with mental
health challenges under a new framework (02 August 2021). More...
Published - articles, papers, reports
Safe Work Australia fatality statistics
As at 5 August, 67 Australian workers were killed at work
in 2021. 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).
In practice and courts
NSW
Mine Safety News
05/08/2021 - Mine Safety News
NSW Resources Regulator: Key compliance priorities
updated
The Resources Regulator has published the July - December
2021 Compliance priorities which sets out the key compliance
priorities for the next six months. More...
Cases
SafeWork NSW v Epic Machinery Pty
Ltd [2021] NSWDC
398
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
- capacity to pay - totality of sentence - appropriate sentence
OTHER - s 19(1) of the Work Health and Safety Act 2011 (NSW).
SafeWork NSW v Mercon Group Pty
Ltd [2021] NSWDC
378
CRIMINAL LAW - prosecution - work health and safety - duty
of persons undertaking business - duty of employers - risk of death
or serious injury - worker injured SENTENCING - objective
seriousness - deterrence - aggravating factors - mitigating factors
- appropriate penalty SENTENCING PRINCIPLES - no record of previous
convictions - good prospects of rehabilitation - remorse - plea of
guilty - assistance to law enforcement authorities.
SafeWork NSW v CPB Contractors Pty
Limited [2021] NSWDC
376
CRIMINAL LAW - prosecution - work health and safety - duty
of persons undertaking business - duty of employers - risk of death
or serious injury - worker injured SENTENCING - objective
seriousness - deterrence - aggravating factors - mitigating factors
- appropriate penalty SENTENCING PRINCIPLES - record of previous
convictions under former legislation - good prospects of
rehabilitation - remorse - plea of guilty - assistance to law
enforcement authorities.
Prosecution Result Summaries and
Enforceable Undertakings
Information about the most recent prosecution and
Enforceable Undertaking outcomes.
Ace Earthmoving Pty Ltd
Latrobe Valley Magistrates' Court - Occupational
Health and Safety Act 2004 Section 21(2)(b)
Outcome 09 Aug 2021
Legislation
Commonwealth
Regulations
Work Health and Safety Amendment (Public
Authorities) Regulations 2021
10/08/2021 - this instrument amends the Work Health and
Safety Regulations 2011 to maintain coverage for Telstra and its
employees under the Work Health and Safety Act 2011 as Telstra
undergoes a restructure.
Victoria
Regulations
Occupational Health and Safety Amendment (Infringements
and Miscellaneous Matters) Regulations 2021 (Infringement
Regulations)
This instrument amends the Occupational Health and Safety Regulations
2017 by introducing Chapter 7B (Enforcement). This
amendment commenced on 31 July 2021 and provides WorkSafe
inspectors the power to issue "on-the-spot" fines to
employers and other duty holders, including workers, who are found
to be in breach of certain provisions of the Act and the
Regulations.
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.