In the media
Punchbowl plumbing company fined after fatal worker
fall
A plumbing business in Punchbowl has been fined $75,000
after a worker fatally fell more than eight metres through a
warehouse roof. Safe Work Executive Director, Tony Williams, said
Opcon Plumbing Pty Ltd was sentenced this month at the Sydney
District Court for failing to comply with health and safety laws
(07 December 2018).
More...
Blitz results in improved construction safety
A 12-month construction industry blitz aimed at reducing
falls from heights has resulted in improved working at heights
safety and compliance. "SafeWork inspectors issued 1,258
notices to stop or improve work processes throughout the visits,
which included 93 on-the-spot fines when the falls risk to workers
was imminent or serious, or if the workplace was a repeat offender
(07 December 2018).
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Protecting bodies and minds against pre-holiday
stresses
With the end of year fast approaching, ensuring your
workers stay physically safe and mentally healthy is critical to
avoiding unnecessary and costly injuries. WorkCover Queensland
Executive said if employers are intending to hire temporary
workers, delivering full safety inductions and training will ensure
they are not performing unsafe work practices (06 December 2018).
More...
Burwood construction company fined $210,000 for poor
safety
A Burwood building company has been fined $210,000 for
failing to comply with multiple SafeWork NSW warnings to improve
safety practices. Minister for Better Regulation Matt Kean said
Chiew Meng Ng, a director of the company, was also fined $42,500
for failing to comply with his responsibilities (06 December 2018).
More...
Safety warning issues after toxic chemical released at
public swimming pool
Safework NSW has issued an urgent safety warning after a
worker at a public swimming pool in Picton incorrectly mixed
chemicals, releasing toxic chlorine gas and injuring several
swimming pool patrons. Preliminary findings indicate the two
chemicals were a chlorine-releasing salt called dry chlorine and
sodium bisulphate (06 December 2018).
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Three workers crushed in accident on Gold Cost Jewel
development site
Three men have been crushed in a workplace accident at the
site of the $1 billion high-rise Jewel development on the Gold
Coast. Developer Multiplex had drastically reduced the work of some
contractors, and the union was concerned hundreds other jobs were
being put at risk (05 December 2018).
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Failure to protect young worker costs timber company
dearly
A timber company has been fined $60,000 for failing to
protect a young inexperienced worker who lost a thumb and three
fingers following a workplace incident on 7 October 2015. At a
sentence hearing in the Brisbane Magistrates Court, the company was
found to have failed its obligations under the Work Health and
Safety Act 2011 as a duty holder to protect the teenage
employee (05 December 2018).
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$80,000 fine imposed after workplace incident results in
amputation
Inadequate supervision and training for a young worker has
been blamed for a workplace incident which resulted in an
inexperienced labourer having his hand amputated. The court also
heard supervision and training of the worker was inadequate and not
what was detailed in the New Employee Development Program (05
December 2018).
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Prawn boss calls on industry to lift its game to avoid
more deaths, injuries at sea
The owner of Australia's largest prawn trawler fleet
has called for action on safety, with statistics showing fishing
boats are a more dangerous workplace than mining and construction
(05 December 2018).
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Labourer dies after falling from ladder
A 21-year-old labourer has died after falling from a
ladder at a residential property in Bendigo. The fatality brings
the number of confirmed workplace deaths this year to 23, compared
to 24 at the same time last year (03 December 2018).
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NSW Quarry Services convicted and fined $30000 for
breaching Work Health & Safety laws
The NSW Department of Planning and Environment's
Resources Regulator has welcomed a court decision to convict and
fine NSW Quarry Services Pty Ltd $30,000 for failing to report two
dangerous roll-over incidents to the Regulator. NSW Quarry Services
was also ordered to pay the Regulator's legal costs, agreed
between the parties to be $25,000 (03 December 2018).
More...
Heavy fine for Newcrest Mining Limited over Cadia mine
death
Newcrest Mining Ltd has been convicted and fined $450,000
following a prosecution by the Department of Planning and
Environment's Resources Regulator over the death of a worker at
the underground Ridgway Mine at Cadia near Orange in 2015. Newcrest
was convicted of a Category 2 offence for failing to comply with a
health and safety duty under the Work Health and Safety Act
2011 (03 December 2018).
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Queensland abattoir fined $200,000 following death of
labourer
An Queensland abbatoir has been fined in the Maryborough
Magistrates Court after it failed to ensure the health and safety
of a worker and exposed him to the risk of death. The court heard
that no risk assessment, engineering or independent certification
had been undertaken or was in place (03 December 2018).
More...
Agriculture farm fined $200,000 for powerline
death
A North Queensland agriculture farm has been fined
$200,000 in the Cairns Magistrate Court for the electrocution of an
overseas worker in 2016. Magistrate Kevin Priestly delivered the
findings, making mention of the fact that workers had been given
verbal reminders about the powerlines prior to the incident, but
this was deemed inadequate (03 December 2018).
More...
New chemical storage guide for workplaces released
Safe Work Australia has released a new guide to help
workplaces store their chemicals safely. The guide will help small
to medium businesses to safely store chemicals in their workplace
(30 November 2018).
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Building company fined for failing on fall risks
An Ocean Grove building company has been fined $52,500 to
four contraventions of section 21 of the OHS Act, without
conviction for safety breaches that exposed workers, including
three apprentices to the risk of serious injury from falls from
height. Le Maistre Builders was also ordered to pay $4239.30 in
costs (29 November 2018).
More...
Oil refinery charged for safety breaches
Oil refinery operator Viva Energy Australia Pty Ltd has
been charged by WorkSafe after two workers were exposed to
hydrofluoric acid leaks in separate incidents last year. Viva has
been charged with a total of 11 contraventions of the Occupational
Health and Safety Act following the incidents at its Corio refinery
(28 November 2018).
More...
Published - articles, papers, reports
Safe Work Australia Fatality statistics
As at 29 November, there have been 115 Australian workers
killed at work in 2018. The numbers and industries may vary from
one report to the next, as Safe Work receives more detailed
information.
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In practice and courts
ABCC e-alert: Compliance with work health and safety
laws
The Code for the Tendering and Performance of Building
Work 2016 (the Code) encourages the development of safe, healthy,
fair, lawful and productive building sites for the benefit of all
building industry participants (04 December 2018).
More...
SafeWork Australia Guidance Materials: Managing risks of
storing chemicals in the workplace
This chemical storage guide will help small to medium
businesses to safely store chemicals in their workplace. It
outlines some of the common health and safety risks of storing
chemicals and shows you ways to manage those risks (28 November
2018).
More...
National Inquiry into Sexual Harassment in Australian
Workplaces
The focus of the national inquiry is on the nature and
prevalence of sexual harassment in Australian workplaces, the
drivers of this harassment and measures to address sexual
harassment in Australian workplaces. To assist interested parties
to develop submissions to the inquiry, the Australian Human Rights
Commission has also prepared a Conversation toolkit. Submissions
close on 31 January 2019.
More...
More...
The National Inquiry team will also be conducting public
consultations in the following locations:
Sydney and Albury-Wodonga – week commencing 11 February
2019
Queensland
Worker survives irrespirable atmosphere | Business
Queensland
04 December 2018; Mines safety alert 360
A pump fitter entered the unventilated heading in a light vehicle
and experienced difficulties due to an oxygen deficient, excess
carbon dioxide atmosphere.
More...
Lightning strikes on rubber-tyred vehicles | Business
Queensland
27 November 2018; Mines safety bulletin 176
During lightning storms, heavy, rubber-tyred vehicles should not be
recommended as a place of safety.
More...
Victoria
Work Safe Victoria: Fatal fall while installing solar
panels
WorkSafe is currently investigating this incident and
reminds employers of risk control requirements applicable to fall
hazards typically associated with solar panel installation on
residential premises. Fall hazards and risks typically associated
with solar panel installation on residential premises broadly fall
into three categories. Each has a number of risk control
recommendations (05 December 2018).
More...
Latest Safety Soapbox- 30 November 2018
WorkSafe's Senior Construction Advisor Tony Cockerell
reminds builders and contractors to start thinking now about what
they need to do to make their sites and workplaces safe over the
holiday period. Read a list of reported incidents
here.
Cases
Stephen James Orr v Newcrest Mining
Limited [2018] NSWDC
370
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury – death of
employee SENTENCING – aggravating factors – mitigating
factors – objective seriousness – general deterrence
– specific deterrence – substantial harm, injury, loss
or damage – victim impact statement – good prospects of
rehabilitation – plea of guilty – assistance to law
enforcement – remorse WORK HEALTH AND SAFETY –
documented safe work procedure exposed workers to risk COSTS
– prosecution costs OTHER – mobile water cannons used
to clear blockages in underground mine – water cannon
procedure required workers to walk between plant and mine wall
– falling rocks impacting with plant created crush hazard
– worker crushed between plant and mine wall.
Unity Pty Ltd v SafeWork NSW
[2018] NSWCCA 266
CRIME – conviction appeal – offence of failing
to ensure health and safety of workers by exposing individual to a
risk of death or serious injury – whether defendant convicted
of offence other than that particularised – whether measure
to ensure health and safety particularised by prosecutor reasonably
practicable – Work Health and Safety Act 2011 (NSW),
ss 19, 32 EMPLOYMENT AND INDUSTRIAL LAW – industrial safety,
health and welfare – worker suffered serious injuries
following electrocution – defendants charged with failure to
ensure health and safety of workers by exposing individual to a
risk of death or serious injury or illness – defendants
convicted, but injuries suffered by worker not manifestation of
risk pleaded – finding not challenged on appeal –
whether trial judge erred in making finding of low objective
seriousness – whether trial judge erred in failing to take
injury of worker into account as aggravating factor – whether
sentence manifestly inadequate – Work Health and Safety
Act 2011 (NSW), ss 19, 32 SENTENCING – aggravating
factors – substantial harm, injury, loss or damage –
offence of failing to ensure health and safety of workers by
exposing individual to a risk of death or serious injury or illness
– where worker's injury would not have occurred had
defendants taken measures which should have been taken –
whether worker's injuries should be taken into account as
aggravating factor in sentencing SENTENCING – prosecution
appeal – residual discretion – delay – appeal
lodged more than eight months after orders entered –internal
bureaucratic processes relied upon as justification for delay
–whether defendants suffered prejudice as a result of delay
– relevance of defendants being corporate entities rather
than natural persons – whether delay engaged discretion not
to intervene SENTENCING – prosecution appeal –
mitigating factors – remorse – prosecutor contended
defendant was sympathetic but not remorseful – remorse
insufficient to establish mitigating factor under Crimes
(Sentencing Procedure) Act 1999 (NSW), 21A(3)(i) –
whether trial judge erred by taking remorse into account.
Simon Anthony Green Wilkeen Pty Ltd T/as Razorback
Glass v SafeWork NSW [2018] NSWIRComm
1074
WORK HEALTH AND SAFETY – improvement notice –
confirmed on internal review – external review –
contravention admitted – work ceased - new systems
immediately introduced - delay before issuing improvement notice
– existence of reasonable belief that contravention will
continue or be repeated.
Victoria Prosecution Result Summaries and Enforceable Undertakings
- Alfred Health
Moorabbin Magistrates' Court Occupational Health and Safety Act 2004 Section 21(1)&(2)(e)
Outcome 05 Dec 2018 - Swiffscaff Pty Ltd
Melbourne Magistrates' Court Occupational Health and Safety Act 2004 Section section 31
Outcome 26 Nov 2018
Legislation
Queensland
Subordinate legislation as made – 30 November
2018
No 208 Work Health and Safety (Codes of Practice) (Respirable Coal
Dust Hazards) Amendment Notice 2018
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.
