In the Media

Next stage of vehicle safety campaign begins
Just in time for the Christmas delivery rush, Stage 2 of SafeWork NSW's Safety Around Your Vehicle Compliance Project is underway to promote safer working practices when loading, unloading and working around vehicles (02 November 2021). More...

Operator charged after car wash fatality
WorkSafe has charged Chevron Australia Downstream Fuels Pty Ltd with four breaches of section 26(1) of the Occupational Health and Safety Act for failing to ensure a workplace was safe and without risks to health (01 December 2021). More...

Department fined $200,000 over student's death
Victoria's Department of Education and Training has been convicted and fined $200,000 following the death of a seven-year-old student whose wheelchair tipped over at the bottom of a ramp at a special school in 2018 (26 November 2021). More...

CFMMEU held to account over officials' improper conduct on Perth's Doubletree Hilton site
The Federal Court has penalised the CFMMEU $23,000 following the union admitting to a breach of the Fair Work Act through the actions of two of its officials during construction of Perth's Doubletree Hilton Hotel attending the site over safety issues related to scaffolding (25 November 2021). More...

Effective dust and noise monitoring essential to worker safety
Mining sites pose higher occupational health and safety hazards compared with many other working environments, and among those risks are dangerous exposure to dust and noise (25 November 2021). More...

Victoria to introduce Australian-first silica dust licence scheme
In 2022, Victoria will launch a licence scheme to protect engineered stone workers from exposure to silica dust particles, which can cause deadly lung and respiratory diseases (24 November 2021). More...

RSHQ pushes for heat exposure management
RSHQ urges persons with safety and health obligations to ensure exposures to heat are being effectively managed at their coal mine sites (22 November 2021). More...

Published – articles, papers, reports

Comparative performance monitoring report, 23rd edition
Safe Work Australia: 29 November 2021
The Comparative performance monitoring report 23rd edition provides the latest trend analyses on WHS and workers' compensation schemes operating in Australia and New Zealand. More...

In practice and courts

OFSC: New scaffold checklist now available
The Office of the Federal Safety Commissioner has developed a new Scaffold Checklist to help principal contractors manage risk when commissioning scaffolding work. This new checklist has three distinct sections that can be used independently of each other or progressively to keep a record for each scaffold erected (09 November 2021).
Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces
The Australian Human Rights Commission launched the Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces on 30 November 2021.

NSW

Quarterly safety report released for July to September 2021
The Quarterly Safety Report for July to September 2021 has been released to assist industry to improve safety management systems and undertake risk assessments at their sites. The report details incidents and trends relating to hazard management, in addition to sector specific information (23 November 2021). More...

TRG for fans at underground coal mines
We have published a new Technical Reference Guide (TRG): Main fans, booster fans and auxiliary fans at underground coal mines. This TRG provides information that will assist underground coal mine operators to minimise risks to health and safety relating to the use of ventilation fans at underground coal mines. It supersedes Mining Design Guideline 3 (25 November 2021).

Compliance reports
 Resources Regulator compliance priorities July – December 2021
NSW mining and petroleum sectors compliance obligations on issues ranging from work, health and safety to mine site rehabilitation.

Mine Safety News
25/11/2021 – Mine Safety News

Safety Bulletin Alerts
23 December 2021 – SB21-11 Fires occur after servicing mobile plant

Queensland

Fatal accident when coal mine worker was struck by rotating dragline
Resources Safety & Health Queensland: 23 November 2021: No 403
A worker at the Curragh Mine suffered fatal injuries when performing cable relocation work within the operational swing boundaries of the dragline.
Coal mines: Above ground; Mineral mines: Above ground; Equipment failure or modifications; Falls; Working positions. More...

Victoria

Webinars on horticultural safety
WorkSafe and Agriculture Victoria, the Labour Hire Authority, the Department of Jobs, Precincts and Regions and the Victorian Farmers Federation are holding a series of webinars to assist growers in protecting themselves and their workers against OHS risks. The remaining virtual sessions will run from 4-5pm on 8 December 2021 and 19 January 2022. Farmers are welcome to attend all three sessions to keep up with the latest information. Register for the webinars here. More...

Cases

SafeWork NSW v Mirvale Pty Ltd; SafeWork NSW v Ronald Ters [2021] NSWDC 632
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of officers SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – defendants involved in construction services – worker of subcontractor was painting the walls of a two-storey townhouse at defendant's project - worker fell three metres from the first floor through a void to the ground below and was seriously injured – void was unprotected.

Legislation

Commonwealth

Regulations

NSW

Regulations and other miscellaneous instruments
Pesticides Amendment Regulation 2021 (2021-694) – published LW 26 November 2021
Radiation Control Amendment Regulation 2021 (2021-696) – published LW 26 November 2021

Bills revised following amendment in Committee – 26 November 2021
 Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021 – assented to 29 November 2021

Queensland

Subordinate legislation – 03 December 2021
No 176 Resources Legislation (Safety and Health Fees) Amendment Regulation 2021

Victoria

Bills

Date of second reading speech: 2 December 2021
Workplace Safety Legislation and Other Matters Amendment Bill 2021 (Vic)

Victorian legislation can be accessed here.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.