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What's News in Work Health & Safety? – 13 June 2018

13 June 2018

7 min read

#Workplace Relations & Safety

What's News in Work Health & Safety? – 13 June 2018

In the media

NSW budget: Record investment in workplace mental health
Minister for Better Regulation Matt Kean, Treasurer Dominic Perrottet and Minister for Mental Health Tanya Davies today announced the Mentally Healthy Workplaces in NSW Strategy 2022, a long-term plan for mentally healthy workplaces and a $55 million NSW Government investment in mental health initiatives (07 June 2018).  More...

Regulator’s compliance blitz gets results
The Resources Regulator has focused the NSW mining and petroleum sectors on their compliance obligations during its state-wide blitz into issues ranging from work health and safety to mine site rehabilitation. 35 improvement notices and 33 notices of concern were issued in relation to WHS requirements, while eight potential breaches of the Mining Act were identified for investigation (06 June 2018).  More...

Forklift safety top priority
The State’s workplace safety regulator is cracking down on dangerous worksites as part of an ongoing forklift safety blitz. SafeWork NSW Acting Executive Director Tony Williams said the recent inspections found the most common breaches included faulty and unsafe forklifts, drivers not wearing seatbelts, and poor traffic management (04 June 2018).  More... 

New campaign redefines workplace safety in Victoria
WorkSafe Chief Executive Clare Amies said the campaign would reinforce the importance of physical and mental health, safety and wellbeing for everyone in every workplace. Phase one will focus on “what safety is not” in television commercials, outdoor, radio and digital advertising (01 June 2018).  More...

Canberra has a major construction safety problem: How a registration scheme can help fix the cracks
A history of fatalities, inaction and a string of health and safety violations on construction sites is a blight on the reputation of the ACT’s building industry (30 May 2018).  More...

Stone suppliers guilty after worker loses toes
A Brooklyn company has been fined $50,000 without conviction, and ordered to pay costs of $29,000, after a 182kg stone benchtop fell on a worker’s foot, resulting in the loss of three toes (29 May 2018).  More...

CFMMEU officials to face court for alleged right of entry breaches
Two CFMMEU officials are facing allegations in the Federal Court that they breached right of entry laws at the $222 million Monash Freeway upgrade project in 2017. In the Federal Court, the ABCC alleges CFMMEU officials James Simpson and Peter Clark acted in an improper manner when exercising right of entry on four separate occasions (28 May 2018).  More...

Master Builders Victoria: Industrial manslaughter law does nothing to improve safety
Master Builders Victoria considers that workplace safety is a key priority for the organisations that they represent and any initiatives that are directed at genuinely increasing safety in workplaces are supported. However they consider that the concept of Industrial Manslaughter laws as announced by the Victorian Government will not achieve those aims (28 May 2018).  More...

Published – articles, papers, reports

Safe Work Australia fatality statistics
As of 1 June 2018, there had been 58 fatalities reported to Safe Work Australia - this is three more than the update on 25 May - three in one week. These fatalities were: one each in Transport, postal and warehousing; manufacturing; and mining. 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 website).

Model Code of Practice: Abrasive blasting
Safework Australia: 25 May 2018.
This model Code of Practice has been developed to provide practical guidance for persons conducting a business or undertaking on how to manage health and safety risks associated with abrasive blasting under the WHS Act and Regulations. This Code applies to all workplaces where abrasive blasting is carried out and to all persons involved in these activities.  More...

In practice and courts

NSW

Work Health and Safety - Blood and Body Substances Occupational Exposure Prevention
Document number: GL2018_013; Publication date: 4 June 2018.
Provides guidance in the prevention of risk to staff of occupational exposure to contaminated blood, body substances and needlestick/sharps injuries. It supports NSW Health Agencies in their primary duty of care obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017.  More... 

Prevention and Management of Workplace Bullying in NSW Health
Document number: PD2018_016; Publication date: 24 May 2018.
Provides guidelines for the prevention and management of workplace bullying in NSW Health workplaces.  More... 

Queensland

WorkCover Queensland:  Worker killed by pressurised gas hose
Preventing a similar incident - There are many different types of pressure vessels, lines and hoses which can be hazardous. These include boilers, air compressors and receivers, gas storage tanks and associated equipment. A failure or sudden release of a line or a hose under pressure can be devastating to people nearby. Before performing any work on a pressurised system, a risk assessment must be carried out (07 June 2018).  More... 

WorkCover Queensland: Worker run over by forklift
Preventing a similar incident - Whenever a forklift is used in a workplace, a traffic management plan must be implemented to ensure the safety of forklift drivers and pedestrians. Wherever possible, physical barriers such as bollards or railed walkways should be installed to separate pedestrians and forklifts (31 May 2018).  More... 

WorkCover Queensland Publications released
eSAFE Rural - May 2018 (29 May 2018).

Victoria

WorkSafe Victoria: Safety Soapbox 04 June 2018
In this issue, Brian Chamberlin - Construction Industry Education Officer, writes about battery powered circular saw injuries to apprentices.  More...

Cases

Lindores Construction Logstics Pty Ltd v The Regulator under the Work Health and Safety Act 2011 [2018] QIRC 061
WORK HEALTH AND SAFETY LAW – APPLICATION FOR EXTERNAL REVIEW – where internal review taken to confirm decision – prohibition notice – whether notice was issued in error – reasonable belief.

Worksafe Victoria Prosecution Result Summaries & Enforceable Undertakings

Australia Cenvic Construction Pty Ltd 608 196 747 05/06/2018
Failure to make payments Workplace Injury Rehabilitation and Compensation Act 2013 179(3); Melbourne Magistrates’ Court.

Mask Rentals Pty Ltd 130 718 311 04/06/2018
Crush injuries; Failure to conduct a risk/hazard assessment; Failure to conduct a risk/hazard identification; Failure to ensure the means of entering and leaving a workplace is safe; Failure to prepare a SWMS; High risk construction work Occupational Health and Safety Act 2004 26(1); Melbourne Magistrates' Court.

Francesco Taraborrelli 29/05/2018
Falls/work at height offences; Failure to provide a safe workplace; Failure to prepare a SWMS Occupational Health and Safety Act 2004 26(1); Frankston Magistrates’ Court.

Reborn Projects Pty Ltd 605 007 225 28/05/2018
Falls/work at height offences; Failure to provide a safe working environment; Failure to provide a safe workplace; Failure to provide and maintain a passive fall protection device; High risk construction work Occupational Health and Safety Act 2004 26(1); Melbourne Magistrates’ Court.

Mainfreight Distribution Pty Ltd 003 840 319 24/05/2018
Failure to notify VWA of a notifiable incident; Failure to provide a safe system of work; Falls/work at height offences; Forklifts Occupational Health and Safety Act 2004 21(1)&(2)(a); 38(1); Ballarat Magistrates’ Court

Deepcore Australia Pty Ltd 115 967 809 24/05/2018
Crush injuries; Failure to provide a safe system of work Occupational Health and Safety Act 2004 21(1)&(2)(a); Bendigo Magistrates' Court.

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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