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Easy HR Newsletter - All News

 

Worker make a workers' comp claim after being assaulted at the local pub.

A FIFO (Fly In Fly - Out) worker has successfully made a workers’ compensation claim after being assaulted at the local pub even though he was not working at the time.

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New chemical database provides easy access to chemical information

A new, easy to search chemicals database is available on the Safe Work Australia website.  The Hazardous Chemical Information System (HCIS) provides information on chemicals that have been classified in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

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Employment agency not vicariously liable for the actions of employee

The Court of Appeal of Western Australia (August 2016) considered the contentious issue of a host employer's liability for injuries sustained to a labour hire worker.  In this case, the plaintiff was employed by Ngarda Mining and Civil Pty Ltd (Ngarda) at the BHP Billiton owned Yarrie mine.  During the course of his employment, the Plaintiff reversed a dump truck to an area directly underneath the fully loaded excavator bucket driven by Mr Scanlan.  Mr Scanlan dropped the fully loaded bucket onto the tray of the appellant's dump truck causing the dump truck to shake violently which in turn resulted in neck and back injuries to the Plaintiff.

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Prosecution as a result of Electrocution

The NSW Department of Industry’s Resources Regulator has announced the commencement of prosecution proceedings against Cudal Lime Products Pty Ltd (Cudal) and two of its workers for alleged contraventions of the Work Health and Safety Act 2011 resulting in the death of a local resident.

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Miner fined for workplace death

The NSW Department of Industry’s Resources Regulator has successfully prosecuted Macmahon Mining Services Pty Limited (Macmahon Mining) for a breach of sections 32 and 19(1) of the Work Health and Safety Act 2011. The prosecution related to a 2013 incident where a shift supervisor was fatally injured while using a kibble about 1 km underground.

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Stairwell void fall ends in $80,000 fine and conviction

A construction company was found guilty by a County Court jury of an incident in which a carpenter survived a fall of almost three metres down an unguarded stairwell void at a construction site in Doncaster in 2011. (VIC)

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UK: The HSE Strikes Back! Star Wars Film Producers Prosecuted

A film production company is to be prosecuted by the Health and Safety Executive for an incident in which the actor Harrison Ford was injured during filming of Star Wars Episode VII: The Force Awakens.

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Employee not entitled to compensation for injury sustained while working flexibly from home

Employees will not necessarily be entitled to compensation for injuries arising from private activities they engage in while working flexibly from home.

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Certain veterinary medicines from the labelling requirements for hazardous chemicals

On 7 October 2016, Safe Work Australia agreed to amend the model Work Health and Safety (WHS) laws to exempt certain veterinary medicines from the labelling requirements for hazardous chemicals.

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Make sure that your defence team knows the right numbers

The District Court of NSW has ordered that a WHS charge be dismissed and costs paid by SafeWork NSW, as the Prosecutor, after it was determined the charge was "inappropriate to the circumstances".  The wrong section of the act was used for the prosecution. 

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Is training required to climb a ladder?

A recent decision of the Supreme Court of the Australian Capital Territory has provided guidance on the extent of an employer’s duty to employees performing ‘simple and commonplace’ tasks.

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Long Way Down?

You don't have to be on top of a 12-storey building to be at risk of death or serious injury. A fall from just two metres or even into a hole, trench or off the back of a truck can prove fatal.  Early this year, a bricklayer died when he fell five metres through a void at a construction site. A piece of plywood had been thrown across the void and left unsecured, leaving an ad-hoc, unplanned and totally inadequate safety system.

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Chemical Labelling Requirements - GHS

Chemicals manufactured or imported before 1 January 2017 can continue to be supplied without needing to meet the labelling requirements of the model Work Health and Safety Regulations.

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SafeWork NSw Prosecutes Forklift Driver

SafeWork NSW has successfully prosecuted a forklift driver for failing to take reasonable care which resulted in serious injuries to another person.

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The price of perjury: Fair Work Commission awards indemnity costs against lying applicant

The price of perjury: Fair Work Commission awards indemnity costs against lying applicant.

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Court fines company for not producing documents

In the case of Perilya Limited v Nash [2015] NSWSC 706, Perilya Limited (Perilya), the holding company of Perilya Broken Hill Limited (PBHL) was ordered to pay $40,000 for two offences of not complying with a notice to produce under s155 of the Work Health and Safety Act 2011 (NSW) (the Act) by claiming that the documents were commercially sensitive and contained confidential information. Perilya was also ordered to pay approximately $74,000 in costs.

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first judicial guidance on who is an "Officer"

A recent Australian Capital Territory Magistrates' Court decision provides the first judicial guidance on the criteria for meeting the definition of 'officer' for the purposes of the due diligence duty under Australian Work Health and Safety (WHS) laws.

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Worksafe NSW finds Asbestos in imported building products

A prohibition notice has been issued to a building site in Sydney, following the discovery of asbestos in fibrous building panels imported to construct a residential building.

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Perth tradesman fined for failing to provide a safe working environment

A Perth tradesman has been fined for failing to provide a safe working environment, resulting in an apprentice seriously injuring his hand.

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Asbestos Rocks Sold at Markets

Chrysotile asbestos (white asbestos) carved into heart, star and oval shaped stones, and larger pieces of chrysotile rock for carving, have recently been discovered for sale at markets in Queensland.

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