In the Media
Comcare sharpens regulatory focus for major
infrastructure projects
Comcare has established a specialist team of inspectors to
focus on work health and safety risks at major infrastructure
projects across Australia (09 April 2021).
More...
Dismounting from moving tractor causes death at North
Queensland farm
A North Queensland produce company was fined $150,000 in
the Bowen Magistrates Court for a 2019 incident that resulted in
the death of a 37-year-old worker who was crushed when he
dismounted from a moving tractor (07 April 2021).
More...
Right to disconnect looms as massive work change giving
lives back to employees
Technology has extended the working day far beyond when
employees are paid for their time. Unions are pushing to give
workers the legal right to ignore non-emergency out-of-hours work
calls, texts and emails (06 April 2021).
More...
$60,000 in fines after worker trapped under hoist
Timberwood Panels Pty Ltd and director Iain Agyeman
pleaded guilty in the Broadmeadows Magistrates' Court on Monday
to two charges each of failing to provide or maintain safe systems
of work and failing to provide information and instruction (01
April 2021).
More...
Cracking down on dodgy solar installers
The Andrews Labor Government is boosting the number of
specialised solar safety inspectors – to keep up with record
demand for solar, it plans to shine a light on any dodgy installers
and ensure solar installations in Victoria continue to be the
safest in Australia (31 March 2021).
More...
Gig economy warned to prioritise driver safety
Six food delivery platform operators have been served with
improvement notices after a SafeWork compliance blitz in
Sydney's metropolitan area revealed widespread non-compliance
with NSW's workplace health and safety laws (29 March 2021).
More...
Court backs electrical regulator decision on unlicensed
operator
Action taken by the Queensland Government against a rogue
operator accused of performing unlicensed electrical work has been
supported in court (29 March 2021).
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Electrical licensing disciplinary action
In February 2021, the Electrical Licensing Committee took
disciplinary action against five licence holders in Queensland (26
March 2021).
More...
Published – articles, papers, reports
Safe Work Australia fatality
statistics
As at 1 April, 24 Australian workers were killed at
work in 2021. 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
Comcare: Workplace sexual harassment
Comcare's guidance includes regulatory guidance for
employers and practical guidance for employers, managers and
supervisors, and workers. These guides should be read in
conjunction with Safe Work Australia's guidance on
workplace sexual harassment, which includes
preventing workplace sexual harassment and
advice for workers (31 March 2021).
NSW
SafeWork NSW: Licence fees waived for flood impacted
communities
We're waiving the cost of replacing a range of licence
and permit fees for people who've lost them due to the recent
NSW floods. Licence and permits eligible are listed here (31 March
2021).
More...
SafeWork NSW: Asbestos - cleaning and/or removing
asbestos containing materials after storms and floods
SafeWork NSW always recommends that
a licensed asbestos removalist is used to remove any amount of
asbestos.Removal of friable asbestos, or 10 square metres or more
of non-friable asbestos materials, must be done by
a licensed asbestos removalist (29 March 2021).
More...
Mine Safety News
Mine Safety News to inform, educate and promote the
enhancement of the health and safety culture of NSW mining
alerts.
01/04/2021 -
Mine Safety News
Gig economy roles and responsibilities in WHS: Research
update
The Centre for Work Health and Safety's research into
the food delivery in the gig economy is currently underway. Phases
1 and 2 have been completed.
Phase 1 full report
Work health and safety of food delivery workers in the gig
economy
Phase 2 full report:
Work health and safety perceptions of food delivery platforms in
the gig economy
New research will establish a better understanding of the WHS
perceptions and behaviours in the Australian gig economy context by
focusing on food delivery services Project commenced: February
2020. Project completion: October 2021.
More...
Queensland
eSAFE construction
Latest editions of eSAFE Construction - a bi-monthly
e-newsletter providing information on activities in the building
and construction sector (30 March 2021).
March 2021 edition of eSAFE Construction newsletter
WorkSafe Qld Health and Safety Alert: Fake disposable
respiratory protective equipment
Issued: 29/07/2020; Updated 31/03/2021
The purpose of this safety alert is to assist businesses in
identifying fake (non-certified) respirators and highlight the
risks associated with using them.
More...
WorkSafe Qld: COVID-19 rescue and resuscitation training
exemptions
From 1 August 2021, exemptions for cardiopulmonary
resuscitation, pole top rescue and low voltage switch board rescue
(LVR) training will no longer apply.
More...
WorkSafe Qld: Changes to asbestos regulation
From 1 May 2021, low density asbestos fibre board
(LDB), also known as asbestos insulating board,
will be classified as a friable material in all circumstances. This
means LDB can only legally be removed by a class A asbestos removal
licence holder. If you're a class B asbestos removal licence
holder and want to be able to remove LDB after 1 May 2021, you will
need to
apply to Workplace Health and Safety Queensland for a class A
asbestos removal licence.
More...
Victoria
WorkSafe Victoria HSR newsletter
WorkSafe has this week issued its latest edition of the
HSR newsletter (24 March 2021)
In it WorkSafe provides advice on: Returning to work (after the
COVID working from home measures); Infection Prevention and Control
training for Disability Service Provider Workers; The role of the
HSR vs the OHS Committee; Support Officers; WorkWell:
WorkSafe's Workplace Mental Health Guide for COVID-19.
WorkSafe Victoria issues Safety Alert after
fatality
The VWA has issued the alert to highlight the dangers of
overhanging items in storage racking, following the death of an
employee in March 2021. In the event that a forklift strikes
overhanging items, the items could become dislodged or unstable,
putting employees at risk of serious or fatal injuries due to
falling items. The Safety Alert,
Employee dies after overhanging items fall from storage
racking, sets out recommended ways to control the risks, and
reminds employers of their legal duties (24 March 2021)
Cases
SafeWork NSW v McConnell Dowell Constructors (Aust) Pty
Limited (No. 3) [2021] NSWDC
105
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 –
general deterrence – specific deterrence – substantial
harm, injury, loss or damage – parity principle –
victim impact statement – appropriate penalty COSTS –
prosecution costs OTHER – Unrestrained steel headstocks fell
on rigger working on a barge — no adequate risk assessment
for landing headstocks on barge and working upon them — deck
space not cleared to lay headstocks down — no visual
inspection of barge despite contractual obligation.
SafeWork NSW v Elgas Limited
[2021] NSWDC 101
CRIME – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury SENTENCING
– objective seriousness – deterrence - aggravating
factors – mitigating factors – good prospects of
rehabilitation – plea of guilty – remorse.
Prosecution Result Summaries and Enforceable
Undertakings
Information about the most recent prosecution and
Enforceable Undertaking outcomes
Makmur Enterprises Pty Ltd
Occupational Health and Safety Act 2004 Section21(1) &21(2)(e)
Outcome 07 Apr 2021
Tristaff Recruitment Ltd
Occupational Health and Safety Act 2004 Section 21(1) &21(2)(a)
Outcome 07 Apr 2021
Timberwood Panels Pty Ltd Broadmeadows Magistrates' Court
Occupational Health and Safety Act 2004 Section 21(1); 21(2)(a)
&21(2)(b) Outcome 29 Mar 2021
Iain Agyeman Broadmeadows Magistrates' Court
Occupational Health and Safety Act 2004 Section144; 21(1); 21(2)(a)
&21(2)(b) Outcome 29 Mar 2021
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.