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Inside track: Work Health & Safety

26 May 2021

#Workplace Relations & Safety

Inside track: Work Health & Safety

In the Media

Newcastle businesses target of vehicle safety campaign
SafeWork inspectors will be visiting transport operators across Newcastle and the Hunter Region from this week to promote safer working practices when loading, unloading and working around vehicles (19 May 2021).  More...

SafeWork visits Sutherland Shire construction sites
Construction sites across the Sutherland Shire from Sylvania to Engadine and Cronulla can expect a visit from SafeWork Inspectors over the next few days who will be targeting unsafe working systems across all building trades (19 May 2021).  More...

Company fined $120,000 after truck runs over worker
Dandy Premix Concrete Pty Ltd was sentenced in the Dandenong Magistrates' Court on 10 May after being found guilty on 15 April of failing to provide a safe workplace by failing to take reasonably practicable steps to eliminate the risk of powered mobile machines colliding with pedestrians (18 May 2021).  More...

Put a stop to workplace violence
WorkSafe Victoria is launching a new campaign highlighting the need for employers and the community to come together to stamp out violence in the workplace. WorkSafe claims data shows that while only 2.5 per cent of claims relate to violent or aggressive incidents in the workplace, many incidents are unreported (17 May 2021).  More...

Victorian man convicted after carrying out electrical work while unlicensed
Energy Safe Victoria has prosecuted an unlicensed electrical worker whose subpar and unsafe work resulted in a resident receiving an electric shock. Mr Sagin was found guilty of three offences under the Electrical Safety Act 1998, including working while unregistered, unlicensed and failing to take precautions to prevent an electric shock (17 May 2021).  More...

Engineering company fined after crane collapses onto building
A structural engineering company has been fined $225,000 after three workers were injured when a tower crane collapsed onto an apartment block in Wolli Creek NSW (14 May 2021).  More...

Powerline electrocutions prompt regulator calls for better safety
Victoria and Queensland have urged employers and contractors who operate mobile machinery to take powerline safety more seriously after a spate of serious incidents (13 May 2021).  More...

Published – articles, papers, reports

Safe Work Australia fatality statistics
As at 13 May, 34 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).

ABCC Industry Update – 13 May 2021 Edition
Read about the state of the industry, litigation news and more in this month's edition of Industry Update.  More...

In practice and courts

Safe Work Australia: Online abuse in the workplace – new fact sheets
Publication Date 18 May 2021 - New fact sheets providing practical steps to support persons conducting a business or undertaking (such as employers) and workers to prevent online abuse in the workplace have been developed by Safe Work Australia and eSafety. View the online abuse fact sheet for employers and workers.  More...

Hazard 2020 webinar – scaffolding risk management
On Thursday 29 April 2021, the Office of the Federal Safety Commissioner held the second of the Hazard 2020 webinar series, with a focus this month on Scaffolding Risk Management (17 May 2021).  More...

ComCare Submissions open: Proposed removal of a plant registration condition
ComCare proposes removing its imposed condition on duty holders to submit annual notifications of any maintenance, repair, inspection or testing of an item of plant, which includes high-risk machinery such as cranes, vehicles, forklifts, lifts, boilers, gas cylinders and amusement rides and devices (12 May 2021).  More...

NSW

NSW Government: March 2021 monthly business activities report published
17 May 2021 – March 2021 business activities report (Resources Sector Safety).

Queensland

WorkSafe Qld Safety Alert: Diving tower edge protection
Issued: 17/05/2021 Last Updated: 17/05/2021
This safety alert highlights the risk of falls from diving tower structures and provides guidance on risk controls. It applies to parts of diving towers where there is a risk of someone falling onto a solid structure below. It does not apply to parts of diving towers directly above water.  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 training will no longer apply.  More...

Victoria

WorkSafe Victoria: Safety Soapbox 2021
Safety Soapbox May 2021 (released 19 May 2021).

Cases

SafeWork NSW v Sandhu Construction Group Pty Ltd [2021] NSWDC 193
CRIME – work health and safety – risk of death or serious injury – duty of persons undertaking a business or undertaking PROCEDURAL – reasonably practicable – likelihood of risk – knowledge of risk – what the defendant ought reasonably have known SENTENCE – 5 per cent reduction for the utility of the plea.

SafeWork NSW v Southern Meats Pty Ltd [2021] NSWDC 192
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury.

SafeWork NSW v Concrite Pty Ltd [2021] NSWDC 191
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 – totality of sentence - appropriate sentence - parity OTHER – failure to notify SafeWork of a notifiable incident – failure to consult, co-operate and co-ordinate activities with other persons who had a duty under s 19(1) of the Work Health and Safety Act 2011 (NSW).

Landmark Roofing Pty Ltd v SafeWork NSW [2021] NSWCCA 95
CRIME – Appeal against conviction – procedural fairness – duties of trial judge EMPLOYMENT AND INDUSTRIAL LAW – Work health and safety – Offences – application of s244(1) of the Work Health and Safety Act 2011 (NSW).

SafeWork NSW v Byford Equipment Pty Limited [2021] NSWDC 168
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – worker injured SENTENCING – objective seriousness – deterrence – aggravating factors – mitigating factors – appropriate penalty SENTENCING PRINCIPLES – no record of previous convictions – good prospects of rehabilitation – remorse – plea of guilty – assistance to law enforcement authorities.

Prosecution Result Summaries and Enforceable Undertakings
Information about the most recent prosecution and Enforceable Undertaking outcomes
New Pearl Trading Pty Ltd
Ringwood Magistrates’ Court Occupational Health and Safety Act 2004 Section 23(1) & 40(1)
Outcome 13 May 2021
Weeping Elm Wines Pty Ltd
Frankston Magistrates’ Court Occupational Health and Safety Act 2004 Occupational Health and Safety Act 2004 Section 21 Outcome10 May 2021

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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