In the media
Bakery fined after worker's fingers
amputated
A bakery in Altona North was fined $40,000 for breaching the 2004
OHS Act after a worker's fingertips were amputated by a machine
filling pastries with custard. Pinnacle Bakery & Integrated
Ingredients Pty Ltd pleaded guilty in the Melbourne
Magistrates' Court for failing to provide and maintain safe
plant and failing to provide appropriate information, instruction,
training and supervision (23 February 2017).
More...
Essendon plane crash aircraft recently underwent
maintenance check
A plane that crashed near Essendon Airport, killing five people,
had been through a maintenance check only last month, it has been
revealed, as investigators continue to gather evidence at the scene
(23 February 2017).
More...
Earthworks business fined $90,000 over worker
injuries
A Bathurst earthworks business has been fined $90,000 for failing
to comply with safety standards that led to two workers being
injured in January 2015. SafeWork NSW charged Bustin' Free
Earthworks Pty Ltd with a breach of section 19(1)/32 of the
Work Health and Safety Act (NSW), for exposing workers to
the risk of serious injury or death as a result of being engulfed
in a trench that was not properly secured from collapsing (21
February 2017).
More...
Government to hold reef safety roundtable in
Cairns
Industrial Relations Minister Grace Grace will convene the
roundtable, bringing together tourism operators, Surf Life Saving
Queensland, Northern Coroner Magistrate Kevin Priestly and other
industry stakeholders, to consider international best practice
standards and assess possible increased safety measures to protect
visitors (21 February 2017).
More...
Warnings ignored: forklift driver fined $11K for
death
An employee has been fined $11,000 and ordered to pay $1,745 in
costs after his forklift struck and killed a co-worker at a hay
bailing workplace. He had twice been warned not to drive with the
forks raised.
Funding Boost to put the safety of Health Workers First
in Victoria
Frontline workers and patients will benefit from additional safety
measures to reduce and prevent violence in hospitals and mental
health services through the second round of the Andrews Labor
Government's $20 million Health Service Violence Prevention
Fund (23 February 2017).
More...
Health Check for Racing Industry
Participants
The new $32,600 project will examine the health of those involved
in the racing industry and engage racing participants to adopt more
healthy behaviours. Racing Victoria will use the data from the
project to better understand health issues in the racing industry
and to tailor future health and wellbeing engagement programs to
racing participants (21 February 2017).
More...
Two dead and one injured in horror
weekend
Two men were killed and another suffered critical head injuries in
three separate incidents at the weekend. WorkSafe's Executive
Director of Health and Safety, Marnie Williams said agriculture and
construction were high-risk industries so safety had to be a
priority (20 February 2017).
More...
Bega Cheese fined for dangerous goods
breach
The NSW Environment Protection Authority (EPA) has fined
Bega Cheese Limited, Bobbins Transport and an employee of the
transport company for not carrying the appropriate dangerous goods
transport documentation (15 February 2017).
More...
Former CFA chiefs avoid charges over Fiskville Training
College due to sluggish Worksafe response
Former CFA chiefs have dodged prosecution on serious safety
breaches at the shutdown Fiskville Training College because
Worksafe took too long to investigate it (11 February 2017).
More...
Steel company fined after semi-trailer driver falls
while unloading
A steel company has been fined $40,000 for failing to ensure
safety after a truck driver fell from his trailer while unloading
steel at Pinkenba in 2014 (09 February 2017).
More...
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 22 February, 25 Australian workers have been killed at work
in 2017. The numbers and industries may vary as Safe Work receives
more detailed information (to check for updates, go to the Safe
Work Australia
Work-related fatalities page).
The Australian Principal Occupational Health, Safety and Wellbeing
Survey: 2016 data
Institute for Positive Psychology and Education (ACU),
Principal Health & Wellbeing Survey; Philip Riley: 15 February
2017.
The aim of this research project is to conduct a longitudinal
study annually monitoring school principals and deputy/assistant
principals' health and wellbeing.
In practice and courts
NHVR Consultation: draft of the Vehicle Standards
Bulletin (VSB) 6: National Code of Practice for Heavy Vehicle
Modifications
The NHVR seeks feedback from the transport industry on today's
updated draft of the Vehicle Standards Bulletin (VSB) 6: National
Code of Practice for Heavy Vehicle Modifications. The draft VSB6
will be available for review until 17 March. The public
consultation draft is available at www.nhvr.gov.au/VSB6.
NHVR Notices: The National Livestock Welfare Work and
Rest Exemption Notice 2017 (No. 1)
Provides additional work time to drivers transporting livestock.
Commences 10 February 2017.
NHVR Notices: NSW Fatigue Record-Keeping Exemption
Notice 2017 (No. 1)
Extends current record keeping arrangements for non-reward for
hire drivers. Commences 10 February 2017.
NTC: Edition 7.5 of the Australian Dangerous
Goods
Visit the
NTC website to view all of the changes outlined in Edition 7.5
of the Australian Dangerous Goods, before it takes effect on 1
March 2017.
Senate Inquiry Update
Non-conforming building products
Status: Accepting Submissions; Date Referred: 11 October 2016;
Submissions Closed: 01 December 2016; Reporting Date: 25 May
2017.
Dangerous Goods Operations conference
2017
The Marcus Evans Dangerous Goods Operations (DGO) conference will
take place in Melbourne on 16 – 17 March 2017, exploring the
best safety management and DGO practices across a range of
industries.
WorkCover Queensland: Allied health
update
WorkCover Queensland held its quarterly meeting with allied health
associations on 22 February 2017. The meeting covered
WorkCover's education campaigns, return to work panel
performance measures and upcoming events (22 February 2017).
DNRM Queensland: Transport providers authorised to
transport low risk loads of explosives
13 February 2017 - Transport providers authorised to transport low
risk loads of explosives. Consignment notes must clearly identify
the explosives being carried and their classification.
WorkSafe Victoria: Building regulators heading to Geelong
and Surf Coast
Builders will have access to a range of construction industry
experts when regulators visit Geelong and the Surf Coast next week
to examine safety and building compliance. A week of site
inspections will be undertaken by representatives from the
Victorian Building Authority (VBA), WorkSafe Victoria, Consumer
Affairs Victoria (CAV), Energy Safe Victoria (ESV) and Environment
Protection Authority Victoria (EPA) (14 February 2017).
Queensland Fair Trading
Ethanol burner safety warning
20 February 2017 - An interim ban on unsafe ethanol burners has
been extended by 30 days.
New safety standards
AS ISO 10377:2017
Consumer product safety - Guidelines for suppliers - Standards
Australia.
AS ISO 10393:2017
Consumer product recall - Guidelines for suppliers - Standards
Australia.
AS/NZS 3845.2:2017
Road safety barrier systems and devices - Road safety devices -
Standards Australia.
Dangerous Goods Operations conference
2017
The Marcus Evans Dangerous Goods Operations (DGO) conference will
take place in Melbourne on 16 – 17 March 2017, exploring the
best safety management and DGO practices across a range of
industries.
Cases
Schobbe v ANZ Banking Group Limited [2017]
NSWIRComm 1005
APPLICATION FOR REINSTATEMENT OF DISMISSED INJURED WORKER –
application opposed on basis that applicant was not dismissed
because she was not fit for employment as a result of an injury
arising out of or in the course of employment – applicant
dismissed for failing to follow directions relating to the taking
of sick leave and for failing to act with honesty and integrity
– taking of excessive amounts of sick leave –
counselling meetings – applicant claimed she felt bullied
– Final Warning letter – applicant dismissed –
workers compensation claim – consent orders in Workers
Compensation Commission – application for reinstatement order
dismissed.
SafeWork NSW v United Roof Tiling Pty Ltd [2017]
NSWDC 14
CRIME – WORK HEALTH AND SAFETY – roof tiler employed
by the defendant – worker fell two storeys to the ground and
sustained serious injury – other workers fell without
sustaining injury – awning not properly supported – no
safety rails, harnesses or nets – defendant had SWMS but did
not follow it – risk identified by defendant's director
shortly before incident – general and specific deterrence
– plea of guilty delayed – parity of sentence
inapplicable as to other person charged – s 10 inappropriate
as offence not trivial with potential fatal consequences and
several persons at risk and defendant's director aware of the
risk, left worksite without risk being addressed – whether
costs payable by defendant to prosecutor may be taken into account
- discount of 20%.
Seymour Rural Equipment Pty Ltd 005 689 814
10/02/2017
Failure to provide a safe system of work; Guarding; Unguarded
plant. Occupational Health and Safety Act 2004
21(1)&(2)(a); Seymour Magistrates' Court.
Goldsmith Civil & Environmental Pty Ltd 127
510 472 08/02/2017
Failure to provide information, instruction, training or
supervision; Traffic management; Failure to provide a safe working
environment Occupational Health and Safety Act 2004
21(1)&(2)(e); Sunshine Magistrates' Court.
Legislation – Commonwealth
Legislation (Deferral of Sunsetting—Approved Occupational
Clothing Guidelines) Certificate 2017
14/02/2017; Tabled HR 16/02/2017 - This instrument defers the
sunsetting of the Approved Occupational Clothing Guidelines
2006 to 1 October 2017.
Legislation – New South Wales
Regulations and other miscellaneous instruments
Liquor Amendment Regulation 2017 (2017-29) — published LW 17 February 2017.
Order regarding volunteers taking part in emergency operations (2017-28) — published LW 13 February 2017.
Bills introduced - Government
Sporting Venues Authorities Amendment Bill 2017
Transport Administration Amendment (Independent Transport Safety Regulator) Bill 2017
Legislation – Queensland
Bills updated
Police Powers and Responsibilities (Commonwealth Games) Amendment Bill 2017 Introduced on 14/02/2017 Stage reached: Referred to Committee on 14/02/2017.
Water Legislation (Dam Safety) Amendment Bill 2016 Stage reached: Report from Committee on 21/02/2017.
Subordinate legislation as made
No 18 Uniform Civil Procedure (Representative Proceedings) Amendment Rule 2017 – 24 February 2017. Supreme Court of Queensland Act 1991
No 20 Transport Legislation Amendment Regulation (No. 1) 2017 – 24 February 2017. Transport Operations (Marine Safety) Act 1994; Transport Operations (Road Use Management) Act 1995.
Legislation – Victoria
Bills Legislative Council - Second Reading, Date Moved: 23/02/2017
Electricity Safety Amendment (Bushfire Mitigation Civil Penalties Scheme) Bill 2017 The main purpose of the Bill, is to amend the Electricity Safety Act 1998 to impose additional bushfire mitigation requirements on major electricity companies, to enable the enforcement of those requirements through a civil penalty enforcement regime, and to provide for information notices and other matters
Statutory Rules made
No. 2 Dangerous Goods (Transport by Road or Rail) and
(Explosives) Amendment Regulations 2017
Date of Making: 21/02/2017 Commencement: 01/03/2017: reg. 3. Not
yet in operation: Regs 1-21: on 01/03/2017: reg. 3 Sunset Date:
21/02/2027.
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.
