New Era Safety News (October 2024)
Jamie Mallinder
Multiple Award-Winning, Chartered OHS Professional & Psychosocial Risk Expert | MOHS, MBusPsych | Certified ISO Lead Auditor | Licensed Master MHFA Instructor | Speaker | R U OK? Ambassador | AIHS Membership Liaison WA
Welcome to New Era Safety News - your monthly source for the latest in workplace safety from Australia and around the world. I'm Jamie Mallinder, your trusted voice in #safety #wellbeing, and #leadership.
In this edition:
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National Safe Work Month (NSWM) 2024
Safe Work Australia launched NSWM 2024 with activities such as SafeTea events to spark WHS discussions among workers. Weekly themes include psychosocial hazards and risk management fundamentals, while WorkSafe ACT promotes "stepping up safety" through various activities. This year's message emphasizes collective responsibility, as regulators like NT WorkSafe stress the importance of addressing rising injury and fatality rates, particularly in high-risk regions like the Northern Territory.
SWA highlights the value of workers' on-the-job insights for identifying risks and implementing safer practices. Engaging workers through meaningful dialogue ensures better adoption of WHS measures. SWA’s 2024 theme, "safety is everyone’s business," stresses shared responsibility, urging both businesses and regulators to align practices with workers' perspectives.
Surge in Workplace Deaths from Falls
Workplace fatalities in Australia reached 200 in 2023, the highest in eight years, according to Safe Work Australia 's latest report. A significant rise in falls from height, up 71% from 17 in 2022 to 29 in 2023, contributed to the toll. Construction accounted for nearly half of these deaths. Falls were the second most common fatality mechanism, following vehicle incidents. The report also highlighted a rise in serious mental health claims, with a 97.3% increase over the past decade, reflecting growing psychosocial risks.
AIHS Renews Call for Free Access to WHS Standards
The Australian Institute of Health & Safety (AIHS) is urging for free access to Australian Standards referenced in WHS legislation, citing concerns that rising operational costs may prompt businesses to skip essential safety requirements. Chair Cameron Montgomery warns that the current paywall on Standards creates a barrier to compliance, potentially compromising workplace safety.
The AIHS highlighted that 17 key Standards referenced in Model WHS Regulations are required but costly, with many more used across state laws. Montgomery stressed that making Standards free would reduce the regulatory burden for businesses and WHS professionals while ensuring safer workplaces.
This initiative follows past AIHS recommendations and aligns with efforts to address the financial pressures faced by small businesses during National Safe Work Month.
Industry Updates
Transport and Logistics
Explosion Prompts Safety Alert for Heavy Vehicle Operators
A devastating truck explosion in Queensland involving ammonium nitrate emulsion (ANE) has led to a call for stricter vehicle maintenance and inspection regimes, particularly for those transporting hazardous materials. The explosion, which caused extensive damage, highlights the dangers of inadequate fire detection, suppression systems, and emergency response preparedness. Employers must ensure their vehicles are rigorously checked and maintained, especially in industries handling volatile substances, to prevent such incidents from recurring.
WorkSafe Victoria Targets Waste Transport Safety Issues
WorkSafe Victoria has launched a campaign focusing on the waste and recycling transport industry, a sector with high injury and fatality rates. Inspectors will assess loading practices, load restraint, and vehicle maintenance. Eight fatalities since 2019 highlight the urgency, and the campaign promotes adherence to the Heavy Vehicle National Law’s chain-of-responsibility provisions.
Mining and Energy
Mining and Energy Union Demands Industry-wide Safety Review
Following a fatal incident at the Oaky Creek coal mine, the Mining and Energy Union (MEU) is pushing for a comprehensive review of contractor safety practices in Queensland’s coal sector. With recent legislative changes emphasizing critical controls, the union seeks to address recurring safety issues involving contractors and maintenance tasks.
Construction
Redefining Distress in the Construction Industry
A study by the 澳大利亚昆士兰大学 and MATES in Construction redefines "distress" for the construction sector as a state where workers feel overwhelmed, out of control, or unable to cope. The findings emphasize that distress arises from work challenges like job insecurity, financial strain, and a tough work culture. Distressed workers often show behavioural changes such as withdrawal, frustration, or substance use. The study calls for fostering a supportive culture focused on proactive help-offering, emphasizing that such efforts can save lives and promote emotional wellbeing.
Legislation Updates
National
WA Works Towards Merging WHS and Dangerous Goods Laws
Western Australia is reviewing the potential integration of the Dangerous Goods Safety Act 2004 into the Work Health and Safety Act 2020. The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) is consulting stakeholders and industry representatives for feedback on whether to merge the laws or keep them separate. Stakeholders are invited to submit proposals by 18 October on modernizing or streamlining the dangerous goods legislation to align with contemporary safety frameworks.
Proposed Tougher Exposure Limits for Hazardous Chemicals
Safe Work Australia is considering stricter exposure limits for nine hazardous substances, including respirable crystalline silica (RCS). The proposed changes suggest halving the permissible exposure to RCS, along with significant reductions for chemicals such as benzene, formaldehyde, and hydrogen sulphide.
This proposal reflects growing concerns over workplace health risks and aligns with Australia's continued push for stronger safety standards. Stakeholders are invited to provide feedback on the potential social, economic, and health impacts to shape the final regulations by 2026.
Comcare Report Emphasizes Cultural Change and Leadership in Anti-Harassment Efforts
Comcare 's research highlights that effective anti-harassment strategies require more than policies - organizational culture must also support gender equality and condemn workplace sexual harassment (WSH). Zero-tolerance policies encourage reporting, but cultural change, leadership involvement, and comprehensive systems are critical to reducing incidents. The report emphasizes that standalone interventions, such as training or bystander programs, are less effective without cohesive cultural support. Strong leadership, robust complaints processes, and modelling anti-harassment behaviours are essential to fostering a safe workplace environment.
New Law Strengthens Protection for Victims of Workplace Harassment
The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 has passed, removing financial barriers for victims pursuing workplace sexual harassment claims. Under this change, successful claimants will have their legal costs covered by respondents, with each party bearing their own costs if the claim is unsuccessful - unless it is deemed vexatious. The bill, part of the Respect@Work reforms, aims to make justice more accessible and encourage safer workplaces, despite criticism about its potential impact on litigation.
Australia Introduces Import Ban to Strengthen Engineered Stone WHS Prohibition
The Federal Government has set 1 January 2025 as the start date for import restrictions on engineered stone products, aligning with its nationwide ban on the use, manufacture, and supply of these hazardous materials. This complements stricter WHS laws targeting silica exposure.
The ban follows Safe Work Australia 's findings that partial bans or controls could not mitigate silicosis risks. The Government has allocated $32.1 million to the Australian Border Force to enforce the prohibition, reinforcing safety efforts across industries where crystalline silica is present.
State and Territory
New WHS Regulations for Explosives Introduced in SA and NSW
South Australia and New South Wales have introduced new safety regulations for explosives, featuring stricter fines and penalties. In SA, the new Explosives Act 2024 aligns penalties with those under WHS laws, allowing for fines up to $3 million. NSW’s new regulations increase penalty amounts and focus on improving safe handling and transportation practices, signalling a renewed commitment to safety and compliance in the explosives sector.
NT Promises New Workplace Violence Laws
The NT Government is set to introduce mandatory minimum sentences for assaults on workers, including retail staff, paramedics, and transport employees. This legislation aims to curb escalating violence against workers and ensure stronger protections for frontline employees, aligning penalties with the severity of workplace violence incidents.
"There will be new minimum mandatory sentences for assaults on both frontline workers like police and ambos, and for assaulting anyone while at work, this includes making spitting on a frontline worker trigger a three-month minimum mandatory sentence" Chief Minister Lia Finocchiaro MLA said.
Silica Dust Register - New Reporting Requirements Introduced in NSW
NSW will soon require PCBUs across multiple industries to register details of workers exposed to silica dust. The new system aims to enhance health monitoring and mitigate silicosis risks. Businesses will have 14 days to report exposure, with penalties for non-compliance. This register complements existing silica safety regulations and aligns with national initiatives to limit silica-related diseases by tracking at-risk workers and ensuring access to screening services.
Safety Exemptions for Engineered Stone in Victoria
WorkSafe Victoria has introduced exemptions to its ban on engineered stone products, allowing certain removal and reinstallation tasks under strict conditions. These exemptions apply when stone panels are returned to their original location but exclude re-use in new locations. This adjustment ensures compliance while enabling safe repairs.
Industrial Manslaughter Laws Take Effect in Tasmania
Tasmania's new industrial manslaughter laws introduce significant penalties, including up to 21 years of imprisonment for officers and fines up to $18 million for companies. These laws aim to address negligent or reckless conduct leading to workplace deaths. The recent conviction of LH Holding in Victoria for workplace manslaughter serves as a cautionary precedent.
iCare NSW Review and Governance Bill Analysis
The NSW Government 's 137-page report on icare NSW aims to address governance issues and financial sustainability in the workers' compensation scheme. The review highlights the need for clearer performance metrics and enhanced accountability. As part of reforms, the new Bill removes the CEO from the board, requires ministerial approval for CEO appointments, and adds the Treasury secretary to the board. These changes aim to improve transparency and operational efficiency in managing state insurance systems, reinforcing workers' protections.
This initiative follows growing concerns about icare’s governance and performance sustainability.
Musculoskeletal Prevention Plan Launched in NSW
SafeWork NSW has launched its 2024-26 MSD Prevention Plan, linking musculoskeletal disorders (MSDs) to psychosocial hazards like stress from poor work environments. The strategy includes updated guidance, targeted workplace education, and regulatory action to improve compliance under the WHS Act. MSDs, which account for 52% of serious compensation claims, often result from body stressing or falls. The plan emphasizes "good work design" to enhance productivity and worker well-being. This aligns with similar international efforts, such as WorkSafe New Zealand 's new MSD screening tools.
WA Removes "Once-and-for-All" Rule for Dust Disease Victims
The Western Australian Parliament has passed the Civil Liability Amendment (Provisional Damages for Dust Diseases) Bill 2024, ending the "once-and-for-all" damages rule. The new law allows victims of asbestos or silica exposure to claim multiple sets of damages if their condition worsens over time. Attorney-General John Quigley explained that the old rule forced victims to either claim early and risk future losses or delay action and potentially receive no compensation. Premier Roger Cook emphasized that a single exposure can result in multiple diseases, making the old rule unsuitable.
WA Introduces Comprehensive Industrial Relations Bill to Enhance Workplace Protections
The Western Australian Government has introduced the Industrial Relations Legislation Amendment Bill 2024, targeting workplace harassment and right-of-entry rules. The bill explicitly bans sexual harassment "in connection with work" and holds employers vicariously liable unless they prove reasonable preventive steps. It also introduces a fit and proper person test for union officials seeking right-of-entry permits. Additionally, the bill strengthens workers' rights, including flexible working arrangements, and raises penalties for employment law violations.
This legislation builds on reforms following the 2018-19 IR system review.
Other News
News
AIHS Launches Australia’s First AI-Powered WHS Tool
The Australian Institute of Health & Safety (AIHS) has introduced SPARK, an AI-powered tool designed to enhance workplace safety by providing instant access to critical WHS resources.
SPARK simplifies research by navigating thousands of pages of WHS legislation, regulations, and AIHS resources instantly. CEO Julia Whitford emphasizes that the tool will save time and improve productivity for AIHS’ 4,000 members by streamlining access to essential information.
This innovative tool responds to member feedback, reinforcing AIHS’ commitment to providing resources that boost workplace safety and professional development.
领英推荐
Courts Increasingly Aggressive on WHS Prosecutions
Australian courts are adopting tougher penalties for safety breaches, with larger fines and more frequent jail terms. Andrew Douglas, a safety lawyer, notes a shift toward prosecuting serious WHS violations, particularly reckless endangerment and industrial manslaughter cases. This trend emphasizes the importance of businesses integrating safety into core operations. FCW Lawyers outlined the importance of adopting a safety maturity model, stressing that organizations must progress beyond compliance to a safety-driven culture that aligns with business performance.
RTW Stakeholders Encouraged to Shape National Strategy's Final Years
Safe Work Australia is seeking feedback from stakeholders to refine the National Return to Work Strategy for its remaining five years. Employers, workers, and return-to-work professionals are encouraged to highlight successes, challenges, and areas needing improvement to ensure the strategy continues to drive national action on improving return-to-work outcomes.
With a focus on building effective systems for injured workers, this consultation will play a pivotal role in shaping Australia's approach to work reintegration through 2030.
Workplace Microaggressions: A Silent but Pervasive Threat
Recent research reveals that 74% of workers across US and Norwegian workplaces encounter microaggressions, subtle discriminatory behaviours targeting race, culture, gender, or identity. Often unintentional, these slights - such as mispronouncing names or implying a minority lacks proficiency - affect both mental and physical wellbeing, stifling inclusivity efforts and harming productivity. While perpetrators may downplay these acts as misunderstandings, researchers warn that dismissing them reinforces unconscious biases. Employers must implement proactive strategies to mitigate microaggressions and foster healthier, more inclusive environments.
Alarming Non-Compliance with Height Safety Measures in NT
NT WorkSafe has reported a disturbing trend of height-related safety violations, despite a national surge in fatalities from falls. The regulator noted several incidents where workers operated at dangerous heights without fall protection.
As Safe Work Australia recorded a 71% increase in fall-related deaths in 2023, NT WorkSafe warns duty holders of enforcement actions, including fines, for non-compliance. The report highlights the need for consistent use of fall prevention systems to address this growing safety issue.
New Research Calls for Location-Specific Heat Risk Assessments
Australian researchers are urging a shift towards localized heat hazard assessments, finding that "stop work" temperature thresholds alone cannot adequately protect workers. The study highlighted higher injury risks in peri-urban areas where workers are exposed to extreme heat and poor ventilation. Engaging workers in developing heat guidelines and implementing location-specific risk management strategies will be essential to mitigate these risks, especially as climate change increases the frequency and severity of heatwaves across Australia.
WHS Inspector Highlights Shortcomings in Managing Psychosocial Hazards
At a recent SafeWork National Safe Work Month webinar, Sam Atkins, principal WHS inspector at SafeWork SA , stressed that while employers are increasingly aware of psychosocial health's importance, many still struggle with identifying specific hazards. Employers need to become more analytical in recognizing harmful behaviours, such as low support or poor change management. Atkins urged PCBUs to actively consult with workers and ensure they are taking proactive steps in managing psychosocial risks through risk assessment, consultation, and proper implementation of policies.
Medibank Expands Four-Day Week Trial After Positive Results
Medibank is expanding its four-day work week program after a successful first trial, which showed notable improvements in employee wellbeing, including better sleep, health, and work-life balance. The trial, based on the 100:80:100 model, maintained productivity levels while cutting work hours. With these positive outcomes, including reduced work-to-family conflict and greater employee satisfaction, Medibank is set to double the number of participants in the next phase of the program, further exploring the potential of flexible working arrangements.
HR Processes Under the WHS Lens: Investigative Risks Highlighted
This edition also explores how HR practices, including workplace investigations, must integrate WHS principles to protect workers from psychosocial harm. Ashurst partner Tamara Lutvey stresses that trauma-informed investigative processes are now essential, particularly for cases involving harassment or sensitive conduct. Employers are urged to align HR policies with the WHS Code of Practice for psychosocial risk management. Lutvey notes that poorly managed investigations can expose participants to additional risks, underscoring the need to handle these processes carefully to meet legal obligations and foster safe work environments.
Enhancing Workers’ Compensation Coverage for Gig Workers
The McKell Institute recommends expanding workers' compensation to cover gig workers, using a PCBU-based model to ensure fair access to rehabilitation and benefits. The proposed reforms would align compensation with the realities of gig work, where workers operate for multiple platforms. The Queensland Trucking Association Ltd supports the initiative, emphasizing the need for consistent coverage across jurisdictions to promote fairness and worker safety.
Neurodiversity and WHS Compliance: Managing Psychosocial Hazards through Reasonable Adjustments
Implementing reasonable adjustments for neurodivergent workers helps employers not only meet legal requirements but also reduce psychosocial risks. Adam Dean of Arriba Group emphasizes that strategies like focus hours, project management tools, and alternative communication methods enhance inclusion and mitigate risks such as stress, burnout, and discrimination. These modifications improve morale and productivity while fostering a culture that values diversity, reducing potential WHS compliance issues.
WHS Focus on Manager Training and Sedentary Risks for Mental Health Day
World Mental Health Day 2024 highlights the need for manager training to address workplace stressors and mitigate psychosocial risks. The World Health Organization recommends equipping leaders to foster supportive environments. Concurrently, new research from ASICS links physical movement to improved mental health, suggesting that even small breaks from sedentary work boost productivity, focus, and wellbeing. Employers are encouraged to integrate movement opportunities to reduce mental health risks and enhance workplace engagement.
Federal Strategy to Fast-Track WHS Accreditation in Housing Sector
The Australian Industry Group (Ai Group) , Housing Industry Association (HIA) , and Master Builders Australia will receive up to $2 million each to enhance the WHS systems of construction companies. This initiative aligns with the Federal Government's push to address housing shortages by making builders eligible for Government-funded projects through faster accreditation under the Federal Safety Commissioner's WHS Scheme. Hamilton and Marino Builders became the first residential builder accredited through the fast-tracked process, ensuring enhanced safety for workers involved in critical housing projects.
Director Ordered to Complete WHS Training Following Unsafe Excavation Incident
Mark John Khoury, director of Buildmark Developments, has been ordered by the NSW District Court to complete WHS training or reappear in court by September 2025 after a wall collapse endangered neighbouring tenants. Buildmark pleaded guilty to unsafe excavation practices that caused the collapse, and Khoury admitted to failing due diligence.
Judge Andrew Scotting fined Buildmark $12,000, noting financial hardship concerns, and mandated Khoury to complete several WHS courses, including due diligence and site supervision training, as part of a court-ordered undertaking.
Caselaw
PCBU Faces Landmark Prosecution for Psychosocial Failings
The Western Australian Department of Justice is facing charges for failing to manage psychosocial hazards, marking the first case of its kind under WA's WHS laws. This prosecution, which could result in a $3.5 million fine, follows a previous record-setting penalty for the department. The case centers around alleged psychological harm to a prison officer due to unaddressed workplace bullying, harassment, and sexual harassment. WorkSafe WA emphasized that the WHS Code of Practice for psychosocial risks offers practical guidance for duty holders.
Director Wins Landmark WHS Case with $238k Payout
A Queensland company director, Sheena Walshaw, was awarded nearly $238,000 after being found not guilty of breaching WHS due diligence laws in relation to a tragic zipline accident. Magistrate Priestly criticized the prosecution’s handling of the case, citing the mismanagement of due diligence investigations and the failure to understand how responsibilities were delegated within the business. The ruling highlights the complexity of prosecuting officers under WHS laws and the importance of careful investigation into leadership roles and decision-making processes.
Racism and Weak Psychosocial Safety at ABC Revealed in Independent Review
A review led by Indigenous lawyer Dr. Terri Janke uncovered systemic racism and weak psychosocial safety measures at the ABC. Workers reported frequent experiences of racism, inadequate managerial action, and a lack of diversity in leadership. The report calls for better training, including 360-degree feedback, mental health first aid, and vicarious trauma training. The findings highlight that cultural issues, unresponsive middle management, and ineffective online training contributed to unsafe work conditions. The ABC has committed to implementing the report's 15 recommendations.
An independent review found that poor managerial practices at the ABC exposed workers, especially First Nations and CALD employees, to psychosocial risks. Complaints about racism were often mishandled by supervisors lacking the necessary skills, leaving employees feeling unsupported and unsafe. The report emphasized the need for improved training, diverse leadership, and 360-degree feedback on managerial performance. It recommended tracking racism as a workplace hazard and reporting it quarterly to the board.
The review criticized ABC’s reliance on ineffective online training, identifying a lack of critical programs like mental health first aid and trauma-informed practices. Managers relied on personal skills rather than formal training, indicating systemic issues. The report recommended expanding psychosocial safety training with a focus on mental health, conflict management, and leadership development to foster a safer and more inclusive environment.
Chemical Safety Breach and Enforceable Undertaking
Wye River Grocer Pty Ltd faced eight safety breaches after a worker suffered burns from mistakenly using methylated spirits on a hot grill. The bottles were poorly stored and labelled, violating safety laws. Following charges by WorkSafe Victoria, the employer avoided prosecution by entering an enforceable undertaking (EU), investing over $500,000 in safety improvements. Key actions include enhanced training, chemical audits, and new health and safety protocols. A weekly audit system will ensure ongoing compliance, with the framework available for use by other companies on a fee basis.
Worker and Employer Face Charges After Fireball Incident
A worker and Tiger Contracting NT are facing charges after a refuelling operation went wrong in Darwin, resulting in severe burn injuries. While smoking, the worker ignited a fireball during the refuelling process. NT WorkSafe alleges the employer failed to provide adequate fuel handling procedures or supervision. If found guilty, both parties face steep penalties, with the employer potentially fined up to $2 million. The case highlights the importance of safe work practices and proper training for hazardous tasks.
$125,000 Fine for Skipping Engineering Checks
Valmont (Vic) Pty Ltd was fined $125,000 for not arranging a critical pre-pour engineering inspection during construction work, leading to a formwork collapse and injuries. Another engineering firm avoided prosecution over a hand amputation by committing $560,000 to safety improvements, including VR training and technology-driven safety processes. These cases highlights the importance of thorough inspections and innovative training to prevent workplace incidents.
SWMS Failure in Trench Collapse Incident
LR&M Construction Pty Ltd was fined $75,000 after a trench collapse seriously injured a worker. The court criticized the company’s Safe Work Method Statement (SWMS) for assigning responsibility for hazard management ambiguously. The case highlights the risks of unclear safety processes, emphasizing the need for specific accountability in implementing SWMS requirements to manage high-risk activities like excavation.
Mental Injury from Survey Results Not Compensable
A tribunal denied compensation to a nurse unit manager, ruling his mental injury arose from justifiable administrative actions rather than workplace misconduct. The case involved criticism based on employee survey results and prior complaints, which the tribunal found constituted reasonable action taken by the employer. This judgment reaffirms that administrative actions, when reasonably conducted, are not grounds for compensation under workers’ comp laws.
Director Fined for Apprentice's Unsafe Transport in Toolbox
A company director in Victoria was fined $20,000 for transporting an apprentice inside a vehicle-mounted toolbox, risking catastrophic injury. The court emphasized the vulnerability of apprentices and the importance of general deterrence. In a similar case, a Tasmanian plant operator was fined for reversing an excavator into a co-worker, demonstrating the need for plant operators to establish exclusion zones and maintain situational awareness during operations.
Court Orders Reparations after Student Drowns in Flooded Cave
The Whangārei Boys' High School Board of Trustees was held accountable under New Zealand’s Health and Safety at Work Act following the death of a student during a school excursion. Despite warnings of heavy rain, unclear communication among organisers allowed the trip to proceed, leading to the boy drowning in floodwaters. The court ordered over NZ$500,000 (A$458,860) in reparations. WorkSafe New Zealand stressed that schools must adopt "gold standard risk management" for outdoor activities to prevent such tragedies and urged expert involvement where uncertainty exists.
Traumatic Work Incident Results in Severe Mental Injury
A young worker in Victoria, who witnessed and responded to a traumatic crane accident involving an electric shock, developed chronic PTSD. Despite running a business and engaging in activities like football, a judge found his psychiatric injury "severe" under legal standards. The worker experiences flashbacks, suicidal thoughts, and requires continuous mental health treatment, impacting his work capacity and personal life. This case highlights that severe mental injury can coexist with functional activities.
Misleading Labels Contribute to WHS Undertaking Agreements
Two businesses avoided prosecution over a workplace burn incident after demonstrating that misleading labels contributed to the safety failure. Workers at a NSW gold mine mistakenly used a container of caustic alkali liquid as a waste bin, believing it was empty, leading to burns from escaping chemicals. Mislabelling of the intermediate bulk container (IBC) as non-flammable and inadequate storage practices reduced the culpability of Total Relines Australia and Evolution Mining. Both PCBUs committed to safety improvements through enforceable undertakings, investing in risk assessments and safety education initiatives.
Upcoming Events
Workplace Health & Safety Show : 23 & 24 October 2024 -?The Dome, Sydney Showground
WHS Foundation : WHS Awards 26 October 2024 - Astral Ballroom, Crown Perth
Australian Institute of Health & Safety : 15 November 2024 - The Ritz Carlton Perth
Wrap Up
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