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Inside track: Work Health & Safety

05 February 2019

#Workplace Relations & Safety

Inside track: Work Health & Safety

In the media

Greater effort needed to reduce workplace death toll
The Labor Government has started work on important workplace manslaughter laws and the establishment of an implementation taskforce. WorkSafe inspectors will this year continue to target high-risk sectors, including construction and agriculture, after making more than 48,000 visits to workplaces across the state in 2018 (1 February 2019).  More...

Resources Regulator stops mining at Thuddungra Mine
The Resources Regulator has issued a stop work order to halt mining at the Thuddungra Mine near Young, in southern New South Wales. The order was issued under the Work Health and Safety (Mines and Petroleum Sites) Act 2013 as a result of the identification of a range of serious safety issues at the mine (31 January 2019).  More...

Bus driver charged after scooter riders killed in a crash in Sydney's south
The private operator responsible for running Sydney's public buses will conduct an internal investigation after a bus driver who allegedly caused a crash that left two scooter riders dead was charged with dangerous driving and subsequently stood down from driving duties (29 January 2019).  More...

Woman jailed over death of employee who fell from forklift at junkyard
An employee was killed when he fell three metres from a raised forklift that Maria Jackson was driving (25 January 2019).  More...

Violence prompts Queensland hospital review
Poorly trained security staff at one of Queensland's biggest hospitals aren't able to cope with violent patients and could be dumped amid concerns they are putting nurses in danger (23 January 2019).  More...

Queensland forms mine safety partnership with India
The Queensland Government and the Government of India have signed a three-year memorandum of understanding (MoU) to develop mine safety management plans (21 January 2019).  More...

Published - articles, papers, reports

Safe Work Australia fatality statistics
As at 24 January, there have been five 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.  More...

In practice and courts

New working in heat policy takes preventative approach
An updated CFMEU hot weather policy will now see workers stop and leave a site if the temperature is expected to reach 35°C. According to the policy, OHS reps should not wait until the heat sets in before they act. Clause 35.9.2 of the EBA instead calls on reps to consult with management when the temperature is expected to reach 35°C (29 January 2019).  More...

Safe Work Australia:  Are you a small business owner or operator?
Safe Work Australia has released guidance material to help small business owners or operators understand their role as officers and their responsibilities under WHS laws. The guidance material, including short videos, is available on a dedicated web page for officers. A broader guide for officers of businesses of all sizes is also available (29 January 2019).

National Inquiry into Sexual Harassment in Australian Workplaces
The focus of the national inquiry is on the nature and prevalence of sexual harassment in Australian workplaces, the drivers of this harassment and measures to address sexual harassment in Australian workplaces. To assist interested parties to develop submissions to the inquiry, the Australian Human Rights Commission has also prepared a Conversation toolkit. Submissions closed on 31 January 2019.
The National Inquiry team will also be conducting public consultations in Sydney and Albury-Wodonga, commencing 11 February 2019.

Queensland

WorkCover Queensland: eSAFE Rural - January 2019 Released on 22 January 2019.

Victoria

Work Safe Victoria Alert: Portable patient handling ceiling hoists
This alert contains information for employers about safe use of portable patient handling ceiling hoists. As an employer, you must, so far as is reasonably practicable, ensure that persons including patients, employees, contractors and members of the public are not exposed to risks to their health or safety. This safety alert replaces the safety alert Patient handling – portable ceiling hoists (August 2013)(23 January 2019).  More...

Cases

Victorian Prosecution Result Summaries and Enforceable Undertakings

DWI Pty Ltd Melbourne County Court
Occupational Health and Safety Act 2004  Section 23 Outcome 23 January 2019.

Davies Bakery Pty Ltd Melbourne County Court
Occupational Health and Safety Act 2004, Occupational Health and Safety Regulations 2017 Section 21(1) & Regulation 99(2) Outcome 23 January 2019.

Legislation

Queensland

Subordinate legislation as made –14 December 2018

No 216: Work Health and Safety and Other Legislation Amendment Regulation 2018 (Qld)
This Regulation is made under the Electrical Safety Act 2002 and the Work Health and Safety Act 2011. The objective of the Regulation is to make minor regulatory amendments to subordinate legislation under the Electrical Safety Regulation 2013 and the Work Health and Safety Regulation 2011. The Regulation was notified on 14 December 2018, with parts 1 and 3 (other than sections 10 and 16) commencing on the date of notification, part 2, section 16 commencing on 1 January 2019 and section 10 commencing on 1 February 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
Erachel.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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