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what’s news in occupational, health & safety?
latest news 19 march 2008
CFMEU OHS rep called before ABCC
3 March 2008 Over 100 construction workers rallied outside the offices of the Australian Building and Construction Commission (ABCC) in protest at the treatment of OHS Rep, Joe Mannucci, who was forced to attend an interrogation or go to jail. The CFMEU Construction Division national secretary, Dave Noonan, said Joe, who is the OHS representative at a construction site in St Kilda, was forced to attend the interrogation after he complained about safety on the site. Noonan said Mannucci organised for inspectors from WorkSafe Victoria and Energy Safe Victoria and a CFMEU organiser to attend the site after significant safety breaches were discovered. more...
Company stumped by court for near miss
28 February 2008 A Melbourne restumping business has been convicted and fined $15,000 in the County Court after the collapse of a Mitcham house in 2005. The case was significant because a conviction was found even though no injuries had been sustained. While in the final stage of being levelled, the house collapsed to the ground. 3 persons, including the 2 home owners, were inside at this time. The house was significantly and structurally damaged necessitating demolishing. more...
Safety still a concern in coal mining: union
8 March 2008 Australia's coal mining industry must not become complacent about work dangers simply because there have been no major accidents reported for several years, the mining union warned today. Mr Vicars said “he was concerned over the completion of an audit by the Queensland government which showed mining companies had not accurately reported accidents in the workplace”. more...
Qld: Industries launch bid to cut workplace deaths, injuries
6 March 2008 Queensland industries have pledged to do more to prevent thousands of workplace injuries and deaths each year. State Industrial Relations Minister, John Mickel, has launched 7 industry action plans to improve workplace health and safety over the next 3 years. Mr Mickel said the plans, negotiated with companies, unions and industry groups, would help meet a target of cutting the incidence of work-related injuries by 40% and fatalities by 20%. more...
Queensland OH&S provider plans 6 new franchises
5 March 2008 SafetyQuip, Australia’s only franchised full scope OH&S provider, is planning to add a further 6 franchisees to its national network of 13 in the next 12 months to meet rapidly growing demand for safety supplies and services in the small to medium enterprise sector. Shearer says “the SafetyQuip business was born out of his own frustrations in trying to source OH&S products, working as a project manager for a construction company”. more...
Tilt-up National Code Declaration
6 March 2008 The recently declared National Code of Practice for Precast, Tilt-up and Concrete Elements in Building Construction is a step towards nationally consistent OHS legislation and states and territories are expected to adopt the Code. The ASCC agreed that the National Code would be implemented by jurisdictions within 2 years of declaration. more...
Big pay out for burnt miner
7 March 2008 An incident at a central Queensland mine 18 months ago has lead to the biggest-ever penalty under the Mining Safety Act. Moranbah-based company CQE Hire, an employee, and BMA Coal, were fined a total of $83,000 after a worker received burns to 65% of his body in a work accident. The Mines Inspectorate carried out several investigations into the incident and found faults and poor maintenance of the truck's brakes contributed to the accident. more...
P&O guilty plea over failure to prevent serious injury to worker
6 March 2008 Stevedoring and cargo handling company P&O Ports Limited has been fined heavily after admitting it failed to provide a safe workplace after an incident that left a worker's legs seriously and permanently injured. more...
practice notes/directions
New amendments to Regulations in force from March 14
New amendments to regulations under the Occupational Health and Safety Act 1991 are available for the Federal Register of Legislative Instruments.
Occupational Health and Safety (Commonwealth Employment) (NationalStandards) Amendment Regulations 2007 (No. 1) (FRLI number F2007L00545)
These Regulations insert 3 new parts into the Occupational Health and Safety (Safety Standards) Regulations 1994 to give effect to the National Standard for the Control of Major Hazard Facilities, impose specific duties regarding the safe use of electricity, and require the implementation of suitable plans to manage the fatigue of drivers of heavy vehicles. more...
Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2007 (No. 2) - (FRLI number F2007L00461)
These Regulations amend the Occupational Health and Safety (Safety Standards) Regulations 1994 to give partial legislative effect to the National Standard for Construction Work declared by the National Occupational Health and Safety Commission in 2005 and impose specific duties on employers, employees and contractors in relation to work where there is a risk of fall from 2 metres or more. These Regulations also amend Part 8 to extend in part its coverage to the storage and handling of explosives in the workplace and provide for the notification of explosives. more...
legislation
Queensland
Current Reprints
Electrical Safety Act 2002 No.2C Electrical Safety Regulation 2002 No.2C Public Safety Preservation Act 1986 No.2
Regulations
Mines Safety and Inspection Amendment Regulations 2008
New South Wales
Bills introduced etc Non-Government
Occupational Health and Safety Amendment (Liability of Volunteers) Bill 2008
cases
Fox v Leighton Contractors Pty Ltd & Ors
[2008] NSWCA 23
Occupational Health and Safety - obligation to provide safety induction training - Occupational Health and Safety Act 2000 (NSW) s 39A -
Occupational Health and Safety Regulation 2001
(NSW) reg 213. Torts - negligence - duty of care of principal contractor to subcontractors - building and construction work - duty of principal contractor to maintain safe workplace - duty to take reasonable care to ensure safety of subcontractor
- whether non-delegable duty - failure to ensure subcontractor underwent safety induction training - extent of direct supervision of sub-contractors. Torts - negligence - contributory negligence - obligation of plaintiff to take reasonable steps for own safety. Torts - negligence - contribution between joint tortfeasors.
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