05 September 2018
6 min read
Company fined over worker’s amputated fingers
A Western Sydney company has been fined more than $110,000 after a 20 year old worker’s hand was crushed by a hydraulic brake press. Duct Australia Pty Ltd, a sheet metal company in Wetherill Park, was sentenced at the District Court of NSW for failing to ensure the health and safety of its workers (31 August 2018). More...
Safety blitz targets vehicle loading cranes
In the wake of three deaths, dozens of serious injuries and significant property damage caused by vehicles fitted with loading cranes (VLCs), the Queensland Government has launched an education and enforcement campaign to prevent further tragedy (29 August 2018). More...
Falls the focus of Cross Border safety program
A joint inspection blitz by WorkSafe Victoria and SafeWork NSW will focus on preventing falls on construction sites in the Echuca Moama region. Inspectors from both sides of the border will come together as part of the Cross Border Construction Program to talk to employers about how they can meet their safety obligations (28 August 2018). More...
Worker dies in hospital following serious fall
The man was the second worker to die as a result of a serious fall at a Victorian construction site in three days. WorkSafe Acting Executive Director of Health and Safety Paul Fowler said the death was a tragic outcome following what was a terrible week for safety at Victorian worksites and outlines safety procedures here (29 August 2018). More...
Safe Work Australia Fatality statistics
As at 16 August, there have been 83 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 (to check for updates and more details on fatalities since 2003, go to the Safe Work Australia Work-related fatalities webpage).
The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia
On 26 March 2018, the Senate referred the inquiry into the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia to the Education and Employment References Committee for inquiry and report by 20 September 2018. On 16 August 2018 the Senate agreed to an extension of time for reporting until 4 October 2018. More...
AS/NZS 4442:2018
Office desks, office workstations and tables intended to be used as office desks - Mechanical, dimensional and general requirements and test methods - Standards Australia.
New South Wales
SafeWork NSW Safety Alert: Fire hazards & containment netting
This safety alert reminds people of the fire hazards associated with containment netting or equivalent used in the construction industry, and the measures that should be implemented to control the associated risks. Containment netting may also be referred to as ‘containment sheeting’, ‘screening’ or ‘scaffolding mesh’ (20 August 2018). More...
Fires on mobile plant – discussion paper
The Resources Regulator has developed a discussion paper which considers strategies to reduce the incidence of fires on mobile plant in NSW mines. Feedback is invited on the current and future use of fire-resistant fluid and other solutions. Feedback closes on 14 September 2018. More...
Queensland
WorkCover Queensland: bulldozer rollover and Preventing a similar incident
Dozers and other types of mobile plant are safe when operated correctly and with consideration for the environmental and ground conditions where they are being operated. However, like any equipment, they become dangerous if used incorrectly (30 August 2018). More...
QBCC: Licences required for those who install and service gaseous fire suppression systems
Queensland technicians and companies who install, decommission, service or maintain gaseous fire suppression systems or portable extinguishers containing ODS or SGG must ensure they also hold the necessary licences and permits as required by the Australian Government. This is in addition to the QBCC licensing requirements (22 August 2018). More...
QLRC: Civil surveillance and privacy review; Workplace surveillance review
Employers use optical surveillance, data monitoring and tracking devices for a number of legitimate reasons, including to ensure employee health and safety, protect property from theft and damage, prevent fraud and monitor employee performance. The terms of reference can be found here and the QLRC will report back by 1 July 2019 (civil surveillance) and by 30 June 2020 (workplace surveillance).
Victoria
Safety Soapbox 24 August 2018
This issue's editorial talks of WorkSafe's current visits to construction sites to ensure the risks associated with setting up and operating truck-mounted mobile concrete boom pumps (boom pumps) are being controlled. There is also a roundup of information from other jurisdictions. Access the August 24 edition of Safety Soapbox here.
SafeWork NSW v Daniel áBeckett Rose [2018] NSWDC 240
CRIME – work health and safety – no prior conviction – tree removal – aggravating and mitigating factors – relief under Fines Act – extra – curial punishment.
El Masri v Safework NSW [2018] NSWCATAD 194
The decision under review is affirmed.
ADMINISTRATIVE LAW – restrictive demolition licence – appropriate experience – practical training. Occupational Health and Safety Regulation 2001; Work Health and Safety Act 2011; Work Health and Safety Regulation 2011.
SafeWork NSW v Duct Australia Pty Ltd [2018] NSWDC 231
CRIMINAL LAW – prosecution – work health and safety – worker’s hand crushed in a press – obvious and foreseeable risk.
SENTENCE – mitigating factors – aggravating factors – fine – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty.
COSTS – prosecution costs.
SafeWork NSW v Haconby Pty Ltd [2018] NSWDC 230
CRIMINAL LAW – prosecution – work health and safety – fatality – obvious and foreseeable risk.
SENTENCE – mitigating factors – aggravating factors – fine – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty – totality principle.
COSTS – prosecution costs.
Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings
Erfanian Developments Pty Ltd
Ringwood Magistrates’ Court; Occupational Health and Safety Act 2004 Section 26; 21(1); 122(5)
Outcome 23 August 2018
Luciano Chiodo
Heidelberg Magistrates’ Court; Workplace Injury Rehabilitation and Compensation Act 2013 Section 581(1)
Outcome 22 August 2018
Contacts:
Melbourne
Charles Power, Partner
T: +61 3 9321 9942
E: charles.power@holdingredlich.com
Benjamin Marshall, Partner
T: +61 3 9321 9864
E: ben.marshall@holdingredlich.com
Sydney
Stephen Trew, Managing Partner, Sydney
T: +61 2 8083 0439
E: stephen.trew@holdingredlich.com
Michael Selinger, Partner
T: +61 2 8083 0430
E: michael.selinger@holdingredlich.com
Brisbane
Rachel Drew, Partner
T: +61 7 3135 0617
E: rachel.drew@holdingredlich.com
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.
