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Inside track: Work Health & Safety

04 March 2020

#Workplace Relations & Safety

Inside track: Work Health & Safety

In the media

Charges against owner of Rye carnival ride that killed six-year-old boy dropped
WorkSafe Victoria drops all charges against the owner of a carnival ride that fatally flung out six-year-old Eugene Mahauariki on Victoria's Mornington Peninsula three years ago (27 February 2020).  More...

WorkSafe investigates Wallan train death
WorkSafe Victoria is investigating the death of the 49-year-old train pilot who died after a Sydney-Melbourne passenger train derailed on Thursday night. The death brings the state’s workplace fatality toll to eight for 2020, three more than at the same time last year (27 February 2020).  More...

Maximum penalty handed down against CFMMEU for abusing Victorian WorkSafe inspector
The Federal Court in Victoria has penalised the CFMMEU and its senior official Alex Tadic a total of $59,500 for abusing a Victorian WorkSafe official (27 February 2020).  More...

Acid accident leaves company director with $40,000 fines in NSW
The director of cleaning chemicals manufacturer B&J Industries has been fined $40,000 after an employee was left permanently scarred from highly corrosive acid which splashed onto his skin. Minister for Better Regulation Kevin Anderson said the accident was entirely avoidable if the employer had provided the personal protective equipment required by law (25 February 2020).  More...

'Systemic failure in all aspects of safety': Coroner delivers Dreamworld findings
The design and construction of Dreamworld's Thunder River Rapids ride posed a "significant risk" to patrons' safety, according to a coroner who examined the deaths of four people on the ride in 2016 (24 February 2020).  More...

Fencing contractor fined $25,000 after teenage worker suffered serious hand injuries at Camooweal
A sole trader operating as a fencing contractor has been sentenced and fined in the Mount Isa Magistrates Court for breaches relating to duty of care under the Work Health and Safety Act 2011. This follows an incident in 2017 when one of his young workers had three fingers badly crushed by a hydraulic post driver (21 February 2020).  More...

Dust exposure management requires more than PPE use
While the use of masks may seem protective, it is not always enough to prevent hazardous dust particles from entering the lungs. There are several ways site senior executives can ensure the correct safety measures are taken, according to Queensland’s Department of Natural Resources Mines and Energy (17 February 2020).  More...

Published – articles, papers, reports

Safe Work Australia: Health monitoring for registered medical practitioners guide
This guide is intended to be read by a registered medical practitioner with experience in health monitoring who is engaged by person conducting a business or undertaking to carry out or supervise health monitoring. It provides practical guidance to registered medical practitioners about requirements under the work health and safety laws for health monitoring (19 February 2020).  More...

Safe Work Australia Fatality statistics
As at 13 February, there have been 21 Australian workers killed at work in 2020. 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

SafeWork Australia: Updated health monitoring guides for workers, PCBUs and medical practitioners are now available
These guides are the first of a series of updated and new health monitoring guides that have been published on our website. If you are a person conducting a business or undertaking (such as a business owner or workplace operator, referred to as a PCBU), the Health monitoring for persons conducting a business or undertaking guide is for you. It explains what your duties are for monitoring the health of your workers under the Work Health and Safety (WHS) Act and WHS Regulations (21 February 2020).  More...

NSW

NSW fire safety reforms to be enforced from April 2020
From April 2020, only accredited fire safety practitioners will be authorised to endorse plans and specifications of fire safety systems.  More...

Safework NSW: Traffic control work
Information on the changes to the Work Health and Safety (Traffic Control Training) Regulation was made on 20 December 2019, with the the Traffic Control Training scheme transitioning from Transport for NSW (TfNSW) to SafeWork NSW. The new regulatory scheme will commence from 1 July 2020.

NSW Resources Regulator: WHS undertakings
Clarence Coal Pty Limited - IR18-05 Falling coal hits two workers underground (24 February 2020).  More...

Queensland

WorkCover Queensland
eSAFE - 28 February 2020 – use to update national.  More...

WorkCover Queensland: Electrical equipment in hazardous areas
Electrical Safety Office inspectors are visiting Queensland workplaces and will take enforcement action if they identify un-managed fire and explosion risks. Ensure that any electrical equipment installed in hazardous areas are electrically safe. This includes selection, installation, inspection and maintenance programs.
All electrical equipment in these areas must be installed by competent licensed electrical workers and inspected by Queensland Electrical Safety Accredited Auditors.
Use our self-assessment tool to identify if you have electrical equipment in a hazardous area and the steps you need to take. View the hazardous areas webpage to find out more, including a list of common industries with hazardous areas (24 February 2020).  More...

Victoria

WorkSafe Safety Soapbox, 19 February 2020
Safety Soapbox February 2020

Proposed Electricity Safety (Electric Line Clearance) Regulations 2020
ESV invites interested parties to make comments on the regulatory impact statement and proposed Regulations including any proposed fees. Submissions must be received by 6 March 2020.  More...

Worksafe Victoria: Semi tippers overturning while unloading
Safety alert 17 Feb 2020
WorkSafe is issuing a reminder about the risks associated with unloading trucks, after two recent incidents involving semi tippers rolling over at mines. Industries and topics: Mining and quarries Transport, logistics and warehousing Plant hazards.  More...

Cases

SafeWork NSW v Erector Group Pty Limited; SafeWork NSW v Rong Feng Wang [2020] NSWDC 22
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 – excavation caused collapse of adjacent building – construction company failed to give clear instructions to excavation contractor and failed to supervise

Victorian Prosecution Result Summaries and Enforceable Undertakings
Diversion 3 of 2019-2020
Dandenong Magistrates’ Court
Occupational Health and Safety Act 2004 Section32 & 40(4) Outcome20 Feb 2020
Chloch Homes & Developments Pty Ltd
Ringwood Magistrates’ Court
Occupational Health and Safety Act 2004 Section26 Outcome20 Feb 2020

Legislation

NSW

Bills revised following amendment in Committee – 28 February 2020
Work Health and Safety Amendment (Review) Bill 2020

Victoria

Date of assent: 25 February 2020
Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
Act Number: 4/2020

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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