In the media
Poor supervision of new worker costs business
$40,000
At a recent hearing in the Beenleigh Magistrates Court, a
company was fined $40,000 for failing to ensure the health and
safety of its workers, resulting in exposure to risk of death or
serious injury. In particular, the defendant failed to adequately
supervise an employee (21 October 2020).
More...
$60,000 fine after incident left worker with partial
thumb amputation
A Brisbane warehousing, transport and distribution
business has been fined $60,000 over an incident which left a young
worker with a partially amputated thumb which had to be surgically
repaired (16 October 2020).
More...
Industrial manslaughter charge laid against Gympie
business owner
The independent Work Health and Safety Prosecutor, Mr
Aaron Guilfoyle, has commenced an industrial manslaughter
prosecution against the owner of a Gympie business which sells and
services electric motors, under s.34C of the Work Health and Safety
Act 2011 (16 October 2020).
More...
FSC Accreditation Scheme Snapshot
The OFSC is increasing industry awareness of the
Australian Government WHS Accreditation Scheme with the release of
enhanced data analysis and Scheme performance publications. The FSC Accreditation
Scheme Snapshot is a new, informative summary of key metrics
the OFSC captures from over 500 accredited companies on an ongoing
basis (20 October 2020).
More...
FSC Hazard 2020 campaign launch
The Office Federal Safety Commissioner launched its Hazard 2020 campaign,
the first data-driven campaign run by the OFSC and will focus on
the two high risk hazards that have accounted for the most safety
incidents reported by accredited companies over the last 5 years
– Mobile Plant and Scaffolding (16 October 2020). More...
Safety of Curtin University worksite questioned after
building collapse which claimed life of apprentice
The Electrical Trades Union says workers had previously
raised concerns about safety on the site of a roof collapse at
Curtin University where a 23-year-old apprentice fell to his death
and two others were injured (14 October 2020).
More...
Published – articles, papers, reports
Safe Work Australia fatality statistics
Safe Work has not updated its fatality statistics since
October 8, at which time there had been 121 worker fatalities
notified to the national body. 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).
ABCC Industry Update – 15 October 2020
edition
For the October edition of Industry Update we take an
in-depth look into Right of Entry, featuring case studies and a
need to know guide. Also featured are our upcoming wages and
entitlement activities as well as recent court outcomes.
More...
In practice and courts
Comcare: Latest guidance on COVID-safe workplaces and
transition planning
As COVID-19 restrictions ease across Australia, Comcare
has developed guidance to help employers support workers as they
transition back to usual workplaces (16 October 2020).
More...
Safe Work Australia National Health and Safety
Month
A reminder of the upcoming national health and safety
month in October. Safe Work Australia has a dedicated
National Safe Work Month website. There are
resources available to download including a
WHS best practice checklist for employers.
Safe Work Australia: Guidance to help businesses
navigate the transition to GHS 7
Australia will begin a two-year transition to the Globally
Harmonized System of Classification and Labelling of Chemicals
Revision 7 (GHS 7) on 1 January 2021. Safe Work Australia has
published a dedicated GHS 7
web page and suite of information sheets. These information sheets
provide details about classification and labelling requirements for
workplace hazardous chemicals, and the duties of manufacturers,
importers, suppliers and end users. Learn more on the new GHS 7
web page.
NSW
NSW Safe Work Consultation: Help to improve mental
health at work
The draft SafeWork NSW Code of Practice for managing the
risks to psychological health is being developed to provide simple
and practical guidance for workplaces to promote improved mental
health. Individuals and organisations are invited to comment on the
consultation paper
here. A copy of the Draft Code and an explanatory paper
released with the draft Codeare accessible
here. Comments are due by October 31.
Queensland
Alerts
Two workers injured by tractor slasher
In September 2020, two workers were injured, one seriously, when a
tractor slasher lowered unexpectedly.
21 October 2020
Fall-arrest systems for continuous vertical ladders on tower
cranes
The purpose of this safety alert is to highlight that specific
fall-arrest systems are required if a continuous vertical ladder is
in place for accessing the total length of a crane tower. The Tower
Crane Code of Practice 2017 (the Code) sets out these
requirements.
16 October 2020
Victoria
Safety Soapbox - 21 October edition
In this edition, the editorial reminds the construction
industry about the risks associated with the use of scaffolding,
use of ladders and works at height. The edition also has news that
WorkSafe is running a blitz on electrical safety. Other news in the
bulletin: Mandatory training for solar workers.
More...
ESV: Licensing lineworkers and CPD for electrical
workers
ESV will license lineworkers from 1 January 2021. As part
of the development of the new licensing regime, ESV has released a
regulatory impact statement (RIS) and the associated regulations
for consultation.
Read more and download both documents. Information on
making a submission as part of the consultation process on
either licensing or CPD, may be found
here. We will be accepting submissions until September 25.
Cases
SafeWork NSW v J & CG Constructions Pty
Limited [2020] NSWDC
614
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 appropriate penalty COSTS –
prosecution costs OTHER – fall from height over unprotected
edge – risk of the dangers posed by the void were known
– failure to adequately implement work health and safety
management system plan – inadequate fall protection –
absence of exclusion zones to prevent or restrict access to risk
areas – failure to ensure scaffolds, catch decks and adequate
handrails were installed before incident – failure to use
individual fall arrest systems prior to the incident.
Prosecution Result Summaries and Enforceable Undertakings
Baptcare Ltd - Melbourne Magistrates' Court
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business - risk of death
or serious injury as a result of a delay in emergency treatment
being provided, in the event of an emergency, as all contractors
may not have been aware of the location of emergency / call buttons
at the workplace. Offender failed, so far as was reasonably
practicable, to ensure that contractors were sufficiently inducted
at the workplace so they knew, should an emergency arise where the
emergency / call buttons were located. The offender pleaded guilty
and was with conviction sentenced to pay a fine of $20,000 and to
pay costs of $5,633
Occupational Health and Safety Act 2004 Section 23(1) Outcome 15
Oct 2020.
TAD Pty Ltd - Werribee Magistrates' Court
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business - Failure to
provide information, instruction, training or supervision. The
offender was a labour hire provider who provided labour hire
services to a co-offender. Three employees of the offender at the
workplace were tasked with cutting, trimming, felling and removing
16 trees using a chainsaw. In performing the task there was a risk
of the chainsaw blade making contact with workers using or in the
vicinity of the chainsaw. Employee in the vicinity of the chainsaw
was injured when the chainsaw kicked back, when cutting through
weedmat. The offender pleaded guilty and was, without conviction,
fined $20,000.00 and ordered to pay costs in the sum of
$3,000.00.On 2 March 2020, the co-accused pleaded guilty to a
similar rolled up count arising from the above incident and was,
without conviction, fined $27,500.00 and ordered to pay costs in
the sum of $3,000.00
Occupational Health and Safety Act 2004 Section 21(1) & (2)(e)
Outcome 12 Oct 2020.
Legislation
NSW
Bills introduced – 23 October 2020
Non-Government
Work Health and Safety Amendment (Food Delivery Workers) Bill
2020
Bills passed by both Houses of Parliament – 23
October 2020
Work Health and Safety Amendment (Information Exchange) Bill
2020
Victoria
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act
2020 (Vic)
Act Number: 27/2020 Date of assent: 20 October 2020
Division 4—Occupational Health and Safety Act2004915 New Part
16 inserted
Victorian legislation can be accessed here www.legislation.vic.gov.au
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.
