In the media
'Extremely hazardous': Electrician who had to
help lift 400kg switchboard wins $1.3m compensation
An electrician who injured his back helping to carry a
400-kilogram switchboard is awarded almost $1.3 million for
injuries he sustained while working for Canberra electrical company
ActewAGL (03 December 2020). More...
Falls remain high work risk: Safe Work Australia
Working from heights remains the leading cause of
fatalities and serious injuries in Australian workplaces, according
to data from Safe Work Australia (02 December 2020). More...
Working at heights is a high risk activity and a leading
cause of death and serious injury in Australia
Safe Work Australia data shows that over the past 5 years,
there were 122 fatalities from falls from heights. This accounted
for 13 per cent of worker fatalities. In most cases, a combination
of control measures will provide the best solution to minimise the
risk to the lowest level reasonably practicable (30 November 2020).
More...
Concrete company owners appear in court charged with
employee's manslaughter
A father and son owners of an Adelaide concrete company
face court after an investigation into a fatal truck crash in the
Adelaide Hills that killed one of their employees (01 December
2020). More...
Safework targets scrappy sites and dirty dunnies
SafeWork Inspectors will visit construction sites in
Wollongong this week, targeting high-risk harms and the hygiene of
site amenities including lunchrooms and toilets (01 December 2020).
More...
Juice company fined after bottler's hand became
trapped in machine
A court hears Lencia Fruit Juices replaced bottling
equipment with a second-hand unit but didn't install protective
guarding (30 November 2020). More...
Mining fatalities retain steady average
The number of fatalities in the mining sector last year
has matched its five-year average from 2015 to 2019, according to a
Safe Work Australia report (30 November 2020). More...
South32 to update procedures following Appin North
accident
The New South Wales Resources Regulator has urged mining
companies to complete a risk assessment when equipment is replaced,
changed or needs to be replaced while safety controls are removed
(26 November 2020). More...
WHS charges over Adelaide incident
A national transport and logistics company has been
charged with breaching federal work health and safety laws over an
incident that severely injured a worker in Adelaide (27 November
2020). More...
New taskforce to investigate gig economy deaths
The NSW Government has established an investigative
Taskforce led by SafeWork NSW and Transport NSW to examine whether
any avoidable risks may have contributed to a number of recent
fatalities of food delivery riders (25 November 2020). More...
New campaign shines light on electrical risks
The new campaign will be delivered with a number of
industry partners including unions, energy retailers and CHOICE to
educate and encourage NSW homeowners to install switches and to
undertake regular checks (24 November 2020). More...
ALRTA welcomes release of National Ramp Standard
The Australian Livestock and Rural Transporters
Association of Australia (ALRTA) has welcomed the
publication of an Australian Standard for the Livestock
loading/unloading ramps and forcing pens (AS
5340:2020) (23 November 2020). More...
Published - articles, papers, reports
Pandemic sees rise in support for working from home;
Compressed weeks, and job sharing
Research commissioned by the FWC as it considers inserting
a WFH clause in the clerical award has found that support among
workers for performing their duties from home, compressing their
hours and job sharing has increased dramatically during
COVID-19.
Research report: Preferences for flexible working arrangements:
Before, during and after COVID-19, A report to the Fair Work
Commission, November 2020. More...
Safe Work Australia fatality statistics
As at 19 November, there have been 147 Australian workers
killed at work in 2020. 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
GHS 7 transition - updates to the model WHS Regulations
amendment
Safe Work Australia has updated the model Work Health and Safety Regulations
(Hazardous Chemicals) Amendment 2020 and explanatory statement for the transition
to GHS 7.
Australia will begin a two-year transition to GHS 7
from 1 January 2021. These updated amendments will be inserted into
the
model WHS Regulations from 1 January 2021. More...
Safe Work Australia: Guidance to help businesses
navigate the transition to 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
Centre for WHS: The ageing demographic of the Australian
workforce: Prevention of work health and safety harm
The Centre for WHS is interested in research that will
provide greater understanding of how to prevent psychological and
physical harm among older worker.
Click here to apply for the EOI (Closes
28 January 2021)
Click here to download the horizon scan
PDF.
Queensland
Dangers of working in ceiling spaces
A telecommunications worker received burns when he came
into contact with a rodent-damaged cable while installing CCTV in a
ceiling space. The exact cause of the incident is still being
investigated.
Ceiling space hazards are outlined here. Learn more
about working on roofs and in ceiling
spaces (26 November 2020). More...
WorkSafe Qld publications
eSAFE Construction
Latest edition of eSAFE Construction, 30 November
2020
November 2020 Includes: Scaffolding on
medium-rise construction sites;
Non-compliances on residential construction sites
WorkSafe Qld Incident Alerts
Workers caught in conveyor belt system 30
November 2020
Falls from height result in serious
injuries 26 November 2020
Snorkelling fatality 26 November
2020
Patron injured falling from amusement
ride 23 November 2020
Victoria
WorkSafe Victoria Safety Alerts
Decanting and storing dangerous goods
WorkSafe safety alert about the hazards associated with
decanting dangerous goods into unlabelled containers. The employees
mistakenly thought the liquid in the container was water when it
was actually a flammable liquid (02 December 2020). More...
Managing the risks of overhead powerlines
WorkSafe a safety alert about managing the risks of
overhead powerlines. Over the past 2.5 years, there have been two
fatalities involving overhead powerlines on farming properties (27
November 2020). More...
ESV blitzes solar installations
Responding to increased activity following the changes to
restrictions as part of the Third Step of the Roadmap for Recovery,
ESV carried out a weekend blitz of solar installation work across
Victoria. Overall, industry are meeting their obligations by
ensuring appropriate licensing, supervision and compliance. ESV and
WorkSafe have developed a safety guide for installing PV systems.(26
November 2020).
ESV: Worker electrocuted on a farm in North West
Victoria
Energy Safe Victoria has warned all people working on
farms using large machinery or vehicles to beware of overhead
powerlines. Know your area for work and check for powerlines before
work commences.
More information can be found in the ESV Electrical safety on farms brochure.
Property owners can also get a free farm safety sign, warning
people entering the property of the presence of powerlines. For
more information click here (02 December 2020). More...
Cases
Construction, Forestry, Maritime,
Mining and Energy Union v Australian Building and Construction
Commissioner (The Bruce Highway Caloundra to Sunshine Upgrade
Case) [2020] FCAFC
203
INDUSTRIAL LAW - right of entry - entry by union officials under s
81(3) of the Work Health and Safety Act 2011 (Qld) - whether
exercise of "State or Territory OHS right" within meaning
of s 494 of the Fair Work Act 2009 (Cth) - Australian
Building and Construction Commissioner v Powell [2017]
FCAFC 89; (2017) 251 FCR 470 applied
INDUSTRIAL LAW - accessorial liability for contraventions of ss
494(1), 497 and 500 of the Fair Work Act 2009 (Cth) - conduct and
state of mind of officials imputed to union under s 793 of the Fair
Work Act 2009 (Cth) - whether union thereby knowingly concerned in
officials' contraventions within the meaning of s 550 of the
Fair Work Act 2009 (Cth); Fair Work Act 2009 (Cth); Occupational
Health and Safety Act 2004 (Vic)
Work Health and Safety Act 2011 (Qld).
SafeWork NSW v All Cranes 4 Hire Pty
Ltd [2020] NSWDC 738
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 - unsecured load fell on workers while being lifted by a
crane - absence of exclusion zone - failure to provide
sub-contracted workers with proper instruction, training or
information regarding safely working near a crane - failure to
implement existing Safe Work Method Statement.
Prosecution Result Summaries and
Enforceable Undertakings
Information about the most recent prosecution and Enforceable
Undertaking outcomes.
Turnkey Communication and Power Solutions Pty Ltd
Melbourne Magistrates' Court - Occupational Health and
Safety Act 2004 Section21(1) ; 21(2)(e) & 327
Outcome 01 Dec 2020
Viscount Rotational Mouldings Pty Ltd
Frankston Magistrates' Court - Occupational Health and
Safety Act 2004 Section21(1) & 21(2)(a)
Outcome 01 Dec 2020
Taylor Ferguson & Co. Pty. Ltd
Melbourne Magistrates' Court - Occupational Health and
Safety Act 2004 Section21(1); 21(2)(a); 38(1) & 39(1) Outcome
30 Nov 2020
Lencia Fruit Juices Pty Ltd (in liquidation)
Mildura Magistrates' Court - Section21(1) &
21(2)(a)
Outcome 30 Nov 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.