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Inside track: Work Health & Safety

15 October 2019

#Workplace Relations & Safety

Inside track: Work Health & Safety

In the media

Company fined $80,000 after tyre shredder injury
Tyre Recycling Australia Pty Ltd pleaded guilty in the Dandenong Magistrates' Court to a single charge alleging three breaches of failing to provide a working environment that was, so far as is reasonably practicable, safe and without risks to health. The company was also ordered to pay $4,217 in costs (10 October 2019).  More...

New quad bike standard to save lives
The Australian Government is improving the safety of quad bikes with the introduction of a new safety standard to protect the community, Minister for Housing and Assistant Treasurer Michael Sukkar said today (10 October 2019).  More...
Quad bike rebate extension: The Victorian Government has extended the quad bike rebate for a further nine months to help Victorian farmers to improve safety on their properties

Keeping solar homes safe for Victorians
Minister for Solar Homes Lily D’Ambrosio today announced swift action against an operator who put solar workers and home occupiers at risk, ensuring the landmark Solar Homes program continues to roll out safely (09 October 2019).  More...

Safety alert: Recent failures of winch type signs
Workplace Health and Safety Queensland has released a warning bulletin about two recent failures of winch type (wind-up) signs. This method of signage is commonly used by schools across the state (09 October 2019).  More...

Dodgy operators storing dangerous goods on notice
An Andrews Labor Government awareness campaign has been launched urging members of the public to call WorkSafe if they suspect dangerous goods – such as drums or containers of flammable liquids – are being stored, handled or disposed of in a way which might be unsafe (07 October 2019).  More...

Engineer suffers first-degree burns from high-vis shirt, sparking medical warning
A Perth doctor is warning of the dangers of wearing high-vis shirts in direct sunlight after what she believes is the world's first case of burns from retro-reflective tape. Under Australian Work Health and Safety regulations, employers are left to determine when high-visibility clothing should be worn, depending on the environment workers are in (07 October 2019).  More...

Radiation guide given green light
Australia’s nuclear safety Agency has issued a new guide for Government entities making use of radiation to ensure they follow the rules if called on to preserve an affected site (07 October 2019).  More...

Investigation into vehicle and automated machinery collision at Wilpinjong mine finalised
The NSW Resources Regulator has finalised its Causal Investigation into a heavy vehicle collision earlier this year involving automated machinery at Wilpinjong coal mine near Mudgee (03 October 2019).  More...

New mine safety campaign launched
The NSW Resources Regulator is launching a new state-wide mine safety campaign aimed at maintaining the safety record of mining in New South Wales (03 October 2019).  More...

Ladder safety blitz underway with employers on notice
The Andrews Labor Government is warning employers to protect their workers from serious injury or death when using portable ladders. There have been at least 62 incidents reported to WorkSafe involving ladders on construction sites since January (03 October 2019).   More...

Can you say no if your employer wants to drug test you?
More and more Australians are facing the prospect of random drug testing in their places of work. What does it involve, how reliable is it, and can you say no (02 October 2019).  More...

Published – articles, papers, reports

Safe Work Australia Fatality statistics
As at 10 October, there have been 121 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).

In practice and courts

New Safety Standards

DR AS/NZS 60079.10.1 Supp 1:2019
Explosive atmospheres - Classification of areas - Explosive gas atmospheres - Commentary - Supplement to AS/NZS 60079.10.1:20XX (adoption of IEC 60079-10-1:20XX (ED. 3.0, MOD)) Standards Australia.  More...

NSW

NSW Resources Regulator: Incident reports
SB19-10 Dozer incidents increase despite warnings 03 October 2019

Safework NSW: Have your say on the NSW draft formwork code of practice
The NSW Government is seeking feedback on a draft formwork code of practice, which aims to provide practical guidance for workers and businesses when working with formwork and falsework. For more information and to submit feedback visit open consultations on the SafeWork website or view the consultation the NSW Government's Have Your Say. Submissions close on 30 September 2019.

Queensland

Reminder: Queensland Code of Practice for stone benchtop industry
The Managing respirable crystalline silica dust exposure in the stone benchtop industry code of practice 2019 will commence on 31 October 2019 and applies to all fabrication or processing, including during installation, maintenance and removal, of engineered and natural stone benchtops.  More...

Victoria

Guidelines for arc flash hazards management released
In conjunction with WorkSafe Victoria, ESV has today released it’s guidelines for arc flash hazards management (03 October 2019).  More...

WorkSafe issues three safety alerts
WorkSafe Victoria has issued three new safety alerts. These alerts provide advice on how to control the risks involved, as well as references to legal duties and other information.
Employee injured from slurry tank failure at paste plant (October 1)
Electric shocks from hospital bed power cords (October 3)
Amusement ride guarding (October 8)

Worksafe Victoria: Quad bike safety rebate extended
The quad bike safety rebate has been extended to 30 June 2020 and is now open to farmers whose main source of income is not from farming. Victorians who operate a farming business can access $600 for an operator protective device (OPD) or up to $1200 for two OPDs, or $1200 towards an alternative vehicle such as a side-by-side.  More...

Cases

RSA Express Pty Ltd v Guilfoyle, sued in his capacity as a Work Health and Safety Prosecutor [2019] FCA 1605
PRACTICE AND PROCEDURE – interim injunctions – where the applicant and the respondents entered into an agreement pursuant to s 325 of the Work Health and Safety Regulation 2011 (Qld) – where the applicant provides online construction induction training pursuant to the agreement – where the respondents changed the agreement so that training could no longer be done online – where he applicant claims breaches of the Competition and Consumer Act 2011 (Cth) and under s 92 of the Constitution – whether there is a prima facie case – whether the State is carrying on a business – whether the amendments limit interstate trade- balance of convenience – where the applicant’s business will be significantly impacted – whether harms are adequately reparable by damages.
Constitution s 92; Competition and Consumer Act 2010 (Cth) ss 2B, 46, 80; Federal Court of Australia Act 1976 (Cth) s 23
National Vocational Education and Training Regulator Act 2011 (Cth)
Trade Practices Act 1974 (Cth) repealed; Competition Policy Reform (Queensland) Act 1996 (Qld) ss 4, 5, 6, 13
Work Health and Safety Act 2011 (Qld); Work Health and Safety Regulation 2011 (Qld) ss 318, 319, 321, 322, 325

Safework NSW v Emu Group Pty Limited [2019] NSWDC 537
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 through unprotected void on construction site.

Sydney Local Health District v SafeWork NSW [2019] NSWIRComm 1072
Work Health and Safety – application for external review – proposed refurbishment works in Intensive Psychiatric Care Unit – removal of 1.31 metre high counter and replacement with fixed “touch down” desk – improve therapeutic environment – physical barrier between workers and patients – mental health consumers with high acuity and significant behavioural disturbance and potential to exhibit violent behaviours – workers exposed to an immediate risk to their health and safety from occupational violence – Prohibition Notice issued – internal review unsuccessful – application for external review dismissed.

Victorian Prosecution Result Summaries and Enforceable Undertakings
Tyre Recycling Australia Dandenong Magistrates’ Court
Occupational Health and Safety Act 2004 Section21(1); 21(2)(a) & 21(2)(e)
Outcome 3 October 2019

Technicolor Pty Limited Moorabbin Magistrates’ Court
Occupational Health and Safety Act 2004 Section 26 Outcome 02 October 2019

Legislation

Australia

Regulation

Consumer Goods (Quad Bikes) Safety Standard 2019
10/10/2019 - This safety standard prescribes requirements for quad bikes under the Australian Consumer Law.

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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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