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Inside track: Work Health & Safety

11 June 2019

#Workplace Relations & Safety

Inside track: Work Health & Safety

In the media

Mobile equipment top cause of mining fatalities
The single highest cause of fatalities in 2018 was mobile mining equipment, albeit the drop in the number of fatalities two years in a row across mining companies (03 June 2019).  More...

Government to appeal solar farms ruling, workers safety paramount
Industrial Relations Minister Grace Grace has announced that the State Government will lodge an appeal against a Supreme Court of Queensland judgement to invalidate recently introduced regulations relating to solar farms (30 May 2019).  More...

Lindsay backs SafeWork NSW enforceable undertaking
A fatality in New South Wales four years ago has seen transport and logistics firm Lindsay Australia agreeing to a number of conditions following court proceedings but specific details of the enforceable undertaking (EU) are yet to be released (30 May 2019).  More...

Manager gets 18 months jail for worker’s death at Moranbah Quarry
The manager of a quarry where a worker was crushed to death on-site in central Queensland has been sentenced to 18 months in prison for safety breaches. MCG Quarries was charged with three counts of breaching health and safety obligations, while its managing director William McDonald and senior executive Tony Addinsall were also charged with multiple safety breaches (29 May 2019).  More...

Published - articles, papers, reports

Safe Work Australia fatality statistics
As at 16 May, there have been 56 Australian workers killed at work in 2019. 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 here

In practice and courts

SafeWork Australia: Feedback on moving from GHS 3 to GHS 7 under the model WHS laws
Safe Work Australia will shortly be consulting on the proposal to adopt an updated edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) for workplace hazardous chemicals. Stay informed by subscribing to our hazardous chemicals mailing list, and go to our consultation platform Engage to register to have your say in July 2019 (06 June 2019).  More...

Tapping into Workplace Safety - A new Augmented Reality Guide for plumbers
Pro-Visual Publishing has partnered with Master Plumbers Association of NSW and Master Plumbers Australia, New Zealand and all states to proudly release two editions of the Augmented Reality (AR) Plumbing Industry Guide to Safety, distributed free of charge to NSW and Australia wide (29 May 2019).  More...

OFSC: Changes to accredited contractor reporting requirements by 01 July 2019
The first Scheme Biannual Report, for the January to June 2019 reporting period, is due by 31 July 2019.
There is no additional information required in the Scheme Biannual Report that was not previously collected in the Biannual Activity Report or Scheme Project Report, with all data fields remaining the same. The April 2019 edition of the FSC Online WHS Report Guide provides guidance on the new Scheme Biannual Report.

Queensland

WorkSafe safety alert: Hazards of using load skates
This safety alert has been issued to highlight the risk of serious injury or death when using load skates to move top-heavy loads. Load skates are also referred to as machine or machinery skates, load trollies, heavy load dollies and load rollers. Date issued: 29 May 2019.  More...

Victoria

WorkSafe Victoria alert: Employee fatally crushed between forklift load and mast
An alert about hazards and risk controls associated with forklifts, following the death of an employee.
Safety issues, Recommended ways to control risks and Legal duties are outlined here (06 June 2019).  More...

WorkSafe Victoria alert: Hazards of automatic revolving or rotating doors
An alert about hazards and risk controls associated with revolving or rotating doors following an increase in incidents. WorkSafe Victoria urges duty holders to regularly test and maintain rotating door sensors—high-functioning sensors may prevent injuries (05 June 2019).  More...

Cases

SafeWork NSW v K & R Fabrications (W’Gong) Pty Limited [2019] NSWDC 238
CRIMINAL LAW – prosecution – work health and safety – duty of person undertaking business – risk of death or serious injury
PROCEDURAL – elements of offence – whether defendant owed a health and safety duty – whether there was a failure to comply with that duty – whether that failure exposed workers to the risk of death or serious injury
PROCEDURAL – reasonable practicability – likelihood of the risk – knowledge of the risk – what the defendant ought reasonably to have known
OTHER – unrestrained bearing housing of gearbox fell on worker causing serious injury – need for bearing housing to be restrained when backing plates of housing were removed – need for SWMS or JSA for task being carried out

SafeWork NSW v Aptec Constructions Pty Limited [2019] NSWDC 229
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 – appropriate penalty
COSTS - prosecution costs
OTHER – fall from height – no edge protection or fall prevention device

Victorian Prosecution Result Summaries and Enforceable Undertakings

Jenus Nazarpour Sunshine Magistrates’ Court
Workplace Injury Rehabilitation and Compensation Act 2013 Section 581(2) & 585(1)
Outcome 30 May 2019

Andrew McCullock Sunshine Magistrates’ Court
Workplace Injury Rehabilitation and Compensation Act 2013 Section 581(1)
Outcome 30 May 2019

Diversion 8 of 2018-19 Shepparton Magistrates’ Court
Workplace Injury Rehabilitation and Compensation Act 2013 Section 585(1)
Outcome 30 May 2019

Rainshield Roofing Pty Ltd Melbourne Magistrates’ Court
Occupational Health and Safety Act 2004 Section 21(1) & 21(2)a
Outcome 29 May 2019

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. 

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