In the media
Australia publishes draft risk assessment reports for
pentaBDE and TBBPA
Australia's national chemical agency, Nicnas, has
published a draft risk assessment report on the brominated flame
retardant tetrabromobisphenol-A, concluding that it is carcinogenic
and persistent in the environment (09 April 2020).
More...
PPE, manufacturing industries called on to support
health sector
The personal protective equipment (PPE)
supply chain has experienced a boost as Queensland Health stocks up
on face shields to protect the community from the coronavirus (09
April 2020).
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NSW regulator urges organisations to refresh coronavirus
measures
The New South Wales Resources Regulator has continued to
monitor the implementation of safety controls in managing the risk
of coronavirus transmission at mine sites (09 April 2020).
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The seven steps every workplace should follow if someone
shows symptoms for coronavirus
The Prime Minister says he wants everyone to follow these
seven steps if someone at work is worried they have COVID-19 (08
April 2020).
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Company fined $300,000 for gas bottle explosion
A Bayswater maintenance firm has been convicted and fined
$300,000 after a worker was permanently disabled in a gas bottle
explosion in December, 2017 (08 April 2020).
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COVID-19: Construction is safe and vital for recovery,
Premier says
Daniel Andrews has delivered a message full of reassurance
to the construction industry: Not only is it safe to keep working,
but we should expect plenty more work in the pipeline (07 April
2020).
More...
$100m support for health workers to fight COVID-19
NSW frontline healthcare workers will be provided with
free accommodation to protect their loved ones as part of $100
million in extra measures to support frontline staff battling
COVID-19 (07 April 2020).
More...
Qantas crew exempt from quarantine have tested positive
for COVID-19
Four Qantas crew members who operated a flight from Chile
and did not have to go into quarantine have tested positive for
coronavirus, raising concerns future international flights could
weaken Australia's defences against the pandemic. Crew members
were free to return to their homes under an exemption for airline
crew granted by the Australian Health Protection Principal
Committee (06 April 2020).
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Supporting workers on the frontline of coronavirus
fight
Hospital workers and paramedics on the front line of
Victoria's coronavirus response will get access to free
accommodation if they need to self-isolate (05 April 2020).
More...
Clock ticks down to FIFO ban as coronavirus fears sweep
coal towns
Communities in Queensland's Bowen Basin fear a
COVID-19 outbreak and move to ban the "mass movement" of
workers in and out of the region (04 April 2020).
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Border controls extend to FIFO mine workers
Only critical interstate fly-in-fly-out mine workers will
be allowed into Queensland to protect remote and regional
communities and local mine workforces (31 March 2020).
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TWU: HSR who stood up for safety stood down by
Qantas
SafeWork NSW, the NSW workplace safety authority, is
investigating Qantas and CEO Alan Joyce for suspending an health
and safety representative who raised concerns about workers being
exposed to the coronavirus when cleaning an aircraft that had
returned from China (02 April 2020).
More...
Construction hours extended to support industry during
COVID-19
Construction sites can now operate on weekends and public
holidays under new rules introduced by the NSW Government to
support the industry during the COVID-19 pandemic (02 April 2020).
More...
Mining sector to adopt rigorous COVID-19 protocols
despite job lift
The resources industry is set to execute national
coronavirus protocols to protect jobs and employees from the
threats of the pandemic (30 March 2020).
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Published – articles, papers, reports
Manufacture or supply of alcohol-based hand
sanitisers
SafeWork Australia Fact Sheet: 09 April 2020
This fact sheet is for businesses who may have recently become
involved in the manufacture or supply of hand sanitisers during the
COVID-19 pandemic.
More...
In practice and courts
Comcare: Learn with Comcare LMS
While our face-to-face training is currently suspended due
to COVID-19, ensure you keep developing your work health and safety
capability through Comcare LMS, our secure learning management
system (31 March 2020).
More...
OFSO: Minimising the risk of COVID-19 on your building
and construction sites
The Australian Government has released building and
construction industry specific advice on dealing with these risks.
The advice is available from Safe Work Australia and covers topics
outlined here (31 March 2020).
More...
Coronavirus disease COVID-19
The following is occupational health and safety advice is
based on information from the World Health Organization, the ACTU
and other sources, amended to be suitable for HSRs. For advice
concerning pay and/or sick leave entitlements, contact your union.
NOTE: This material is DRAFT and will be updated and amended
regularly (10 April 2020). More...
Minimising the risk of COVID-19 on your building and
construction sites
The Australian Government has released building and
construction industry specific advice on dealing with these risks.
The advice is available from Safe Work Australia (SWA) and covers
topics including:
Industry-specific control measures to managing the risk of exposure
to COVID-19 (including social distancing and hygiene)
Keep workers informed
Consultation and communicating with workers
Further information and resources
(31 March 2020).
More...
NSW
SafeWork NSW: Regulatory approach to NSW work health and
safety legislation - COVID-19
This statement sets out the enforcement approach that
SafeWork NSW will take to ensure compliance with the Work
Health and Safety Act 2011 and the
Work Health and Safety Regulation 2017 in response to the
COVID-19 pandemic (31 March 2020).
More...
NSW fire safety reforms to be enforced from April
2020
From April 2020, only accredited fire safety practitioners
will be authorised to endorse plans and specifications of fire
safety systems.
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Safework NSW: Traffic control work
Information on the changes to the Work Health and Safety
(Traffic Control Training) Regulation was made on 20 December 2019,
with the Traffic Control Training scheme transitioning from
Transport for NSW to SafeWork NSW. The new regulatory scheme will
commence from 1 July 2020.
More...
Queensland
Availability of disposable respirators during the
COVID-19
Use this table to select an appropriate respirator. It is
important to use a respirator that is certified and stencilled as
meeting Australia/New Zealand AS/NZA 1716. Note, respirators
manufactured and certified to similar standards to Australia/New
Zealand AS/NZA 1716 can be used.
View the comparison of equivalent respirator certification
standards (08 April 2020).
More...
WorkCover Qld: Worker killed in conveyor crush
Safety Advice 08 April 2020
There can be significant risks associated with using fixed plant,
including conveyor systems and associated equipment. Conveyors are
used in a range of industries including; agriculture,
manufacturing, logistics and construction.
More...
WorkCover Qld: Rescue and resuscitation training during
the COVID-19 pandemic
Access to training courses has been reduced due to the
COVID-19 pandemic. To minimise the impact on industry while still
maintaining the safety of electrical workers, we are putting
interim arrangements in place (03 April 2020).
More...
WorkCover Qld: Wiring Rules amendment released
Amendment 1 of the 2018 edition of AS/NZS 3000 Wiring
Rules has been released. The changes included in the amendment are
highlighted in the text by a marginal bar and amendment number
against the clause, note, table or figure. You can purchase the new
standard on
SAI Global's website (02 April 2020).
More...
Victoria
WorkSafe Victoria: Another driver killed working on
steep terrain
Safety Alert 01 April 2020
After the latest in a series of fatalities, WorkSafe is issuing a
reminder about the importance of managing the risks of working in
vehicles on steep slopes.
More...
WorkSafe Victoria: Farm worker killed by reversing
trailer in a paddock
Safety Alert 02 April 2020
An alert highlighting the importance of maintaining designated safe
areas and effective communication when operating mobile plant in
the vicinity of people.
More...
Cases
SafeWork NSW v P&K Bezzina Pty Limited; SafeWork
NSW v Paul Martin Bezzina [2020] NSWDC
91
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
– construction of a masonry brick wall – no risk
assessment or control measures – no temporary bracing or
timber framing installed – no exclusion zone – wall
collapsed in high wind and crushed subcontractor of bricklaying
contractor
Safework NSW v Hydromet Corporation Pty Limited;
Safework NSW v Jeremy Perera [2020] NSWDC
82
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
– battery recycling and hazardous chemical storage and
processing business – workers tried to replace ruptured hose
– workers not advised that the hose contained waste grade 98
per cent sulphuric acid –workers were sprayed with
pressurised acid causing serious injuries – inadequate
training – inadequate risk assessment – lack of control
measures and emergency procedures – inadequate personal
protective equipment
McAndrew v Simmons [2020] NSWDC
81
CRIMINAL LAW – work health and safety –
exposing worker to a risk of death or serious injury SENTENCING
– objective seriousness - deterrence – aggravating
factors - mitigating factors – substantial harm, injury, loss
or damage – no record of previous convictions –
prospects of rehabilitation – plea of guilty – remorse
– capacity to pay
SafeWork NSW v Kayrouz Constructions Pty
Limited [2020] NSWDC
77
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business to ensure so
far as was reasonably practicable the health and safety of
workers– whether failure to comply with duty – whether
failure exposed an individual to a risk of death or serious injury
SENTENCING – plea of guilty – plea to elements of
offence – disputed facts – whether plea of guilty is an
admission of all particulars of reasonably practicable measures
pleaded in Summons – particulars pleaded in the
alternative
SafeWork NSW v NonAbel Concrete Pump Pty Ltd; SafeWork
NSW v Bilal Hamdan [2020] NSWDC
65
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
– concrete pumping and placement business – foreseeable
risk – compressed air wrongly used to blast out cement from
pump hose – concrete hose whipped around and struck worker
present in danger zone in the head – use of dangerous
coupling – failure to anchor hose – hose too long
– no exclusion zone – lack of proper instruction and
supervision
Victorian Prosecution Result Summaries and Enforceable Undertakings
New Sector Engineering Pty Ltd
Melbourne County Court, Occupational Health and Safety Act
2004 Section21(1); 21(2)(a); 21(2)(e) & 23(1)
Outcome 06 Apr 2020
Legislation
NSW
Regulations
Public
Health Amendment (COVID-19 Spitting and Coughing) Regulation
2020 (2020-145) — published LW 9 April 2020
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.
