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Workplace warning
5 February 2010
The national emergency alert system contains no information about therights and obligations of employers and employees working in ortravelling to bushfire areas when a code-red day is declared. There isno specific legal requirement that employers stand down employees orallow them to take days off during code-red days. However, in generalterms under occupational health and safety laws, an employer is requiredas far as is “reasonably practicable” to avoid exposing an employee tothe risk of injury or death. More...
Ex-police officers sue overbullying claims
4 February 2010
Twp former Gold Coast detectives are suing for more than $2 million incompensation, claiming they were bullied out of the police servicepartly because they refused to act on illegal search warrants. More...
WorkCover NSW slammed over farm deathprosecution
3 February 2010
The High Court has upheld Graeme Kirk’s appeal against WorkCover overits prosecution of a New South Wales farm owner after the death of afarm manager, finding that it was absurd to have prosecuted him over theinexplicable recklessness of the manager, who had skill and experiencemuch greater than his own. More...
NSW Barmaid awarded $500,000 over bullyingboss
31 January 2010
A barmaid employed by a Sydney Bowling Club was awarded more than$500,000 in damages for mental trauma after she was subjected to acampaign of workplace harassment and bullying by her boss. More...
Timber company fined over an employee handinjury
1 February 2010
Pinetec (WA) has been fined $60,000 over an incident in which a workerwas injured after his hand was caught in the cutting head of a moulderafter being accused of not providing a safe working environment. More...
Four SA companies fined for breachingworkplace safety laws
28 January 2010
Safework SA says 4Adelaide companies have been fined a total of morethan $70,000 for breaches of workplace safety laws. More...
Fatigue the major risk factor in construction
2 February 2010
Fatigue is the number one accident risk factor for construction workersand requires better recognition by occupational health and safetymanagers, research at theUniversity ofSydney has found.DrChan’s research is the firstto identify fatigue as the leading risk factor in a constructionenvironment. Other factors identified were mental stress, failure tofollow safety procedures, lack of knowledge, failure to use properequipment, and fire and explosion. More...
Manufacturer prosecuted forlack of information
27 January 2010
A Victorian County Court judge has convicted and fined what he called “asmall business in difficult times” $80,000 after it failed to providesafety information about its products to its customers. WorkSafe’sacting Executive Director,StanKrpan said the caseillustrated the legal requirement of manufactures, suppliers andretailers to provide adequate information about their products toend-users to ensure they were used safely . More...
Comcare and safety authorities push for quadbike safety
25 January 2010
The Federal Chamber of Automotive Industries and Distributors isdrafting a Code of Practice relating to the Use of All Terrain Vehiclesin the Workplace. Heads of Workplace Safety Authorities has also formed aworking party comprising of OHS Regulators and industry representativesto look at strategies to improve quad bike safety. More...
Towards national IR,workplace safety and compensation systems
The Parliamentary Library released a Background note providing achronology of the move towards national workplace safety and workerscompensation systems.http://www.aph.gov.au/library/pubs/bn/eco/Chron_OHS.htm
A handbook for thefranchise industry - Managing health and safety in food retail
This harmonised handbook was developed by the Heads of WorkplaceSafety Authorities (HWSA) Small Business Network. It was developed withthe assistance of the Franchise Council of Australia (FCA). More...
VIC: Home Care OHS Compliance kit
The kit describes the 7 most common hazardous tasks that cause workplaceinjuries in the home care sector. It includes 7 Health and SafetySolutions to outline ways to control the risks associated with thesetasks, and a range of other information to help employers comply withtheir responsibilities under the Occupational Health and Safety Act2004. More...
VIC: WorkSafe Positions
How WorkSafe applies the law in relation to the requirement to answerquestions . More...
How WorkSafe applies the law in relation to discrimination on health andsafety grounds. More
Reducing Red Tape for Business Operators inNSW
3 February 2010
Minister for Finance Michael Daley today announced reforms to reduce redtape for business operators that undertake formwork or useexplosive-powered tools.Mr.Daley said an amendment tothe Occupational Health and Safety Regulation 2001 effective fromFebruary 1st will mean that people undertaking this type of work inNew South Wales will nolonger require a WorkCover licence. More... More ...
Using earthmoving equipment near overheadelectrical assets - A handbook for workplaces
25 January 2010
This handbook provides practical advice on how to create a safe workingenvironment when using earthmoving equipment near overhead electricallines and assets. Employers who implement these guidelines will bedeemed to have met their OHS obligations regarding the risks ofoperating earthmoving equipment near overhead electrical assets. More...
Cases
Kirk vIndustrial Relations Commission; Kirk Group Holdings Pty Ltd vWorkCover Authority of New South Wales(Inspector Childs) [2010] HCA 1
Occupational health and safety - Statutory duty - Occupational Healthand Safety Act 1983 (NSW), ss 15 and 16 provided duties of employer to“ensure the health, safety and welfare at work of all the employer’semployees” and that “persons not in the employer’s employment are notexposed to risks to their health or safety arising from the conduct ofthe employer’s undertaking” - Section 53(a) provided a defence where itwas “not reasonably practicable ... to comply with the provision of thisAct” - Breach of duty criminal offence - Statement of offences asparticularised did not identify what measures defendant could have takenbut did not take to fulfil duty - Whether statement of offence mustidentify act or omission said to constitute contravention of s 15 or s16 - Whether failure to charge act or omission an error of law - Whethererror on the face of the record - Whether jurisdictional error.Evidence - Competence and compellability of accused persons - Jointtrial - Industrial Relations Act 1996 (NSW), s 163(2) required hearingto be conducted in accordance with the rules of evidence - Evidence Act1995 (NSW), s 17(2) provided that a defendant is not competent to giveevidence as witness for prosecution - No power of Industrial Court ofNew South Wales to dispense with s 17(2) - Defendant called as witnessfor prosecution - Whether jurisdictional error - Whether error on theface of the record. Administrative law - Jurisdictional error - Error oflaw on the face of the record - Whether orders in nature of certiorariavailable. Statutes - Privative clause - Industrial Court of New SouthWales - Construction of privative clause - Whether privative provisioneffective to prevent review for jurisdictional error - Whether effectiveto prevent review for error of law on the face of the record -Relevance of exclusion of right to appeal to Supreme Court of New SouthWales and to High Court of Australia. Constitutional law (Cth) - ChapterIII - State Supreme Courts - Power of State Parliament to alterdefining characteristic of Supreme Court of a State - Supervisoryjurisdiction - Whether a defining characteristic is power to confineinferior courts and tribunals within limit of their authority to decide.Procedure - Costs - Appellate court exercising supervisory notappellate jurisdiction - Appellate court makes orders in nature ofcertiorari - Whether appellate court has power to make orders in placeof orders quashed. Appeal allowed. More...