New Era Safety News (September 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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Industry Updates
Mining and Resources
New Regulation Tightens ROC Rules for Queensland’s Resources Sector
Queensland has implemented a major step forward in its high-reliability safety reforms with the Resources Safety and Health Legislation Amendment Regulation 2024. This legislation elevates the safety standards for Remote Operating Centre (ROC) workers in the state’s mining sector by introducing a stringent set of training, competency, and operational rules. ROC workers must now undergo rigorous hazard training, be assessed by site senior executives (SSE), and demonstrate competence before they can take on operational tasks.
The amendment specifically addresses the significant risks associated with ROC operations and ensures that critical controls are in place to mitigate hazards. Additionally, the regulation calls for mine operators to develop principal hazard management plans that cover a broad range of risks, from airborne contaminants to ground instability. These changes represent an industry-wide shift towards better risk management, emphasizing the importance of proper training and ongoing competency assessments for those in high-risk roles.
One key area of the reforms is the shift in handling high-potential incidents (HPIs). The regulation aligns with the Mining and Quarrying Safety and Health Act 1999, broadening the definition of HPIs and outlining new responsibilities for mine site leadership, especially regarding ROC workers. This will push the industry towards a culture of heightened awareness and preventative action, setting new benchmarks for safety practices in resource operations.
NSW Mining Sector Tackles Psychosocial Hazards
The NSW Resources Regulator launched a new webpage focused on psychosocial hazards in mining, emphasizing the need to protect workers from extreme behaviors like sexual harassment, assault, and bullying. The regulator warns that inexperienced workers and contractors are more vulnerable to these hazards and reminds employers of their responsibility to act swiftly. This move aligns with broader regulatory efforts to address workplace psychosocial risks across industries.
Hospitality and Retail
Improving Safety for Vulnerable Workers
WorkSafe ACT highlights the importance of effective reporting systems to protect vulnerable workers, particularly young or migrant staff, in sectors like hospitality and retail. Promoting thorough WHS training, proper supervision, and accessible reporting mechanisms can significantly reduce risks and underreported psychosocial injuries.
Legislation Updates
National
New Anti-Bullying Laws for Commonwealth Parliament
Recent legislation targets bullying and harassment within Commonwealth parliamentary workplaces. The Commonwealth Parliamentary Workplace Support Service Amendment Bill passed Federal Parliament, allowing for fines up to 5% of a parliamentarian's base salary and other penalties for those found guilty of workplace misconduct. This follows recommendations from the Sex Discrimination Commissioner to address the harmful "work hard, play hard" culture that has fostered inappropriate behavior.
The Staggering Costs of Psychological Injuries: Prevention as the Key
Psychological injuries are not only costly in terms of human impact, but they also place an immense financial burden on workplace safety schemes. At the Comcare National Conference in Canberra, General Manager Michael Duke presented sobering statistics on the rising prevalence of psychological injury claims within Australian Government workplaces. The mental health claims received in 2023-24 were the highest in more than a decade, and they continue to rise.
Duke emphasized that preventing just five psychological claims annually could result in savings of nearly $1.8 million. Psychological claims are much costlier than physical injury claims, primarily because of the long recovery periods and lower return-to-work rates. This has created pressure on schemes like Comcare’s, which otherwise maintains a low premium rate of 0.95% and a 111% funding ratio.
One major strategy discussed was good work design, which can proactively prevent workplace stressors from escalating into psychological injuries. Duke pointed out that by focusing on early intervention, risk identification, and creating supportive work environments, employers can significantly mitigate the financial and emotional toll of these claims. By investing in mental health prevention strategies, organizations stand to save millions while fostering healthier, more productive workplaces.
State and Territory
Tasmania Becomes Final State to Pass Industrial Manslaughter Laws
Tasmania’s Parliament has passed industrial manslaughter legislation, making it the last Australian jurisdiction to adopt such laws. These provisions come with maximum penalties of 21 years' imprisonment for individuals and $18 million for corporations found guilty of causing a worker's death through negligence. The law emphasizes deterrence and aims to prevent workplace fatalities by holding duty holders accountable for safety failures. Tasmania’s adoption signals a nationwide shift towards stricter workplace safety enforcement.
NSW Manslaughter Provisions Effective from September 2024
New WHS manslaughter laws in New South Wales will commence on 16 September 2024. These provisions carry severe penalties, including up to $20 million fines for corporations and up to 25 years in prison for officers of PCBUs found guilty of gross negligence leading to a workplace fatality. This offence aims to bolster workplace safety accountability and is part of a broader national adoption of industrial manslaughter laws across all Australian jurisdictions.
Increased Regulatory Action on Psychosocial Hazards
Psychosocial hazard management is facing intense regulatory scrutiny, particularly in New South Wales, where SafeWork NSW is actively investigating bullying and harassment claims. PCBUs are receiving section-155 notices, demanding risk assessments and details of actions taken in response to complaints. Many PCBUs are underprepared, highlighting the need for robust workplace behavior policies and thorough psychosocial risk assessments. Safety experts recommend face-to-face training to ensure workers understand these issues, cautioning against online modules that may lack engagement and efficacy.
Hostile Workplace Conduct Ban in Queensland Marks New Era of Safety
Queensland has enacted new laws prohibiting hostile work environments based on sex, as part of the Respect at Work and Other Matters Amendment Bill 2024. These reforms, designed to align with national standards, impose a positive duty on employers to take reasonable steps to eliminate harassment and discrimination. They also expand protections against harassment and vilification, and introduce sentencing aggravation for workplace assaults. Queensland Council of Unions praises the reforms, calling them essential for ensuring safer, more respectful workplaces for future generations.
Medicinal Cannabis Reforms: Legal Implications for Workers
The South Australian Parliament's Joint Committee on the Legalisation of Medicinal Cannabis has released recommendations urging employers to treat medicinal cannabis like other prescription medications. Among the 13 recommendations is a call for workers to be allowed to perform duties with THC in their systems, provided they have a prescription and meet specific conditions. The report emphasizes the need for tailored WHS policies and education programs for PCBUs, aimed at understanding the risks and benefits of medicinal cannabis.
South Australian Parliament’s WHS Failings: Six Notices Issued
SafeWork SA issued six improvement notices to South Australian Parliament for failing to manage psychosocial hazards like sexual harassment and alcohol misuse. An audit revealed the absence of adequate systems to address these risks, with additional notices targeting leadership training and hazard identification. The findings are part of broader recommendations following a 2021 Equal Opportunity Commission review, which identified prevalent harassment within Parliament.
WA WHS Fall From Heights Provisions Delayed
Western Australia has extended the transitional compliance period for WHS regulations on falls from heights until September 2026. While duty holders must still follow old regulations, WorkSafe WA Commissioner Sally North noted the decision provides extra time for the construction industry to implement safety measures.
Queensland Tackles Occupational Violence in Schools
Queensland’s education sector is launching a strategy to combat occupational violence, focusing on psychological first-aid training, safer workplace designs, and a "No excuse for school abuse" campaign. The initiative seeks to address increasing aggression faced by school staff through comprehensive training, easier reporting mechanisms, and enhanced security protocols.
WHS Reforms Close Loopholes in South Australia
Major WHS reforms commencing in South Australia aim to strengthen workplace safety, allowing union entry permit holders to collect evidence during inspections. Other changes include improved information sharing between SafeWork SA and stakeholders, the introduction of a new WHS dispute resolution body, and silica risk control requirements across all industries. These changes reflect a broader push to improve compliance with WHS regulations and provide stronger protections for workers, particularly around respirable crystalline silica exposure.
Victorian Draft OHS Compliance Code for Metal Casting Released
WorkSafe Victoria has released a draft OHS Compliance Code for the metal casting industry, seeking feedback before finalization. The updated code reflects modern industry standards and replaces outdated regulations, offering detailed guidance on hazardous substances, risk management, and personal protective equipment. The changes aim to improve clarity and help employers in the metal casting sector comply with their OHS responsibilities.
Queensland Expands Industrial Manslaughter and Cancer Presumptive Laws
Two major legislative reforms passed in Queensland strengthen worker protections. The Electrical Safety and Other Legislation Amendment Bill 2024 expands industrial manslaughter laws to cover bystanders and allows multiple parties to be charged. The Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2024 extends the list of cancers covered for firefighters under presumptive compensation laws, including cervical, uterine, and ovarian cancers. These reforms reinforce Queensland's commitment to enhancing worker safety and ensuring compensation for occupational hazards, especially for firefighters and high-risk professions.
Other News
News
VR Nature Hikes Enhance Workplace Wellbeing
A recent UK study has found that virtual reality (VR) nature hikes and similar experiences can significantly reduce stress and increase happiness among healthcare workers. By immersing participants in calming virtual environments, such as nature walks and mindfulness sessions, the study found VR to be an accessible, effective tool for stress management. Unlike more traditional interventions like yoga or mindfulness, which can be cognitively taxing, VR offers a simpler escape from workplace stress. Some challenges like headset adjustment were noted, emphasizing the need for proper facilitation and support during sessions.
Implementing a virtual reality-based intervention to support the wellbeing of mental health staff in the workplace: A mixed-methods pilot study. Simon Riches, et al, UK, Journal of Workplace Behavioural Health, published online July 2024, doi:10.1080/15555240.2024.2356795.
Facebook Videos Fail to Prove Worker’s Capacity
In a case where a worker was seen engaging in physical activities on Facebook, an employer failed to use this evidence to overturn a ruling of incapacity. The NSW Personal Injury Commission upheld the worker’s entitlement to compensation, emphasizing that social media posts showing moments of enjoyment do not negate a worker’s psychological condition or capacity to work.
WHS Plans Critical for Managing Violent Clients
A new Safe Work Australia report underscores the importance of WHS systems for managing violence in the workplace. The report reveals a 56% rise in serious workplace violence claims over five years, with clients and customers being the most common perpetrators. It highlights the need for proactive measures, including multi-level reporting systems and comprehensive training to address violence. The report also stresses gendered differences in exposure to violence, making it crucial for PCBUs to engage with workers and develop effective violence prevention strategies.
Tech Corner: Advanced Proximity Warning with Reactec Limited ’s R-Link
This month, we feature Reactec's R-Link, a state-of-the-art proximity warning technology designed to protect workers in hazardous environments. It provides real-time alerts, ensuring safe distances between workers and heavy machinery.
Key Features:
Benefits:
Reactec's R-Link is a game-changer in workplace safety. Learn more at Reactec R-Link..
Caselaw
Landmark Case: Safety Consultants Held Accountable
In a first for New Zealand, safety consultancy Safe Business Solutions (SBS) was sentenced under the Health and Safety at Work Act 2015 after a tragic workplace incident at Westown Agriculture Ltd. The consultancy, tasked with providing a traffic management plan for a high-risk site, failed to deliver on its commitment, contributing to an accident that left a worker with severe injuries.
In August 2020, a distracted telehandler driver struck a worker, causing brain injuries, loss of smell and taste, and PTSD. Six months earlier, SBS had identified the urgent need for a traffic management plan but had only installed a small speed sign. The court found that SBS's inaction directly contributed to the incident, resulting in fines totaling NZ$70,000, along with NZ$28,403 in reparations.
This landmark case underscores the critical role consultants play in occupational health and safety and sets a new precedent for accountability. Paul West of WorkSafe New Zealand highlighted the broader implications: consultants, alongside their clients, bear significant responsibility for health and safety outcomes. The case reinforces that when firms provide ongoing safety advice, they must follow through with practical, actionable measures to protect workers.
Employer Fined for Fatal Vehicle Fall Incident
D&A Martin Transport Pty Ltd has been fined $350,000 after an employee, Greg Butcher, died from falling nearly four meters off a truck trailer at a Ridley Agriproducts site. The guardrail Butcher leaned on was inadequately maintained, resulting in his fall. The court found that although D&A Martin had general safety systems in place, they failed to address the risks associated with faulty guardrails. Judge Palmer stressed that employers must be proactive in hazard identification, with the case revealing a “blind spot” in the company’s safety practices.
Business Owner Fined After Worker Death
Jason Reid Stitt, a sole trader, was fined $100,000 for directing unlicensed workers to dismantle a nearly nine-meter-high scaffold, which led to a fatal fall. Despite instructions to keep the structure below four meters, the workers erected the scaffold too high, and Stitt failed to ensure it was dismantled by a licensed professional. Judge Scotting found that Stitt knew the risks but ignored them, and his belated remorse did little to mitigate his penalty. The fatal incident could have been avoided with proper oversight and adherence to WHS regulations.
PCBU and Father Charged Over Vehicle Accident
NT WorkSafe charged C&R Constructions Pty Ltd and its director, Caleb Norton Gotts, after a serious motor vehicle accident involving the director’s son, who was driving a company vehicle with only a learner's license. The accident injured two pedestrians and killed two dogs. The charges include failing to provide proper supervision and a safe work environment. Both the company and Gotts could face fines exceeding $4.2 million if convicted.
Fatality Inquest Highlights Importance of Bullying and Workplace Culture
A South Australian inquest into the 2018 death of Peter Howard, who died in a car explosion outside his workplace, Orora Packaging Australia, emphasized the impact of workplace bullying. Although the coroner found the company acted appropriately in response to Howard’s complaints, it was noted that repeated pranks and insensitive remarks over the years contributed to his distress. The coroner concluded that while his death may have been self-inflicted, the exact cause remained unclear. The inquest stressed the need for fostering fair and supportive workplace cultures to prevent such tragedies.
Upstream Safety Duty Breach Results in Death 13 Years Later
New Zealand’s WorkSafe fined PCBU Scotty Doors Ltd NZ$41,250 after it was found liable for a fatal 2022 incident caused by the poor installation of a roller door 13 years earlier. The 273-kilogram door, installed using inadequate screws, fell and fatally injured pastor Helen Verry. The court found the screws used didn’t meet safety standards, leading to the tragic accident. WorkSafe stated that had the incident occurred under more recent regulations, penalties would have been significantly higher, underscoring the critical importance of safe installations in preventing workplace fatalities.
Company Fined $400,000 for Fatal Scaffold Collapse
Mobile Scaffolds Queensland Pty Ltd was fined $400,000 for a workplace fatality after a scaffold tower collapsed during a football match in Mitchelton, Queensland. The structure fell on a volunteer, killing him due to improper construction and lack of safety precautions to withstand strong winds. The company’s failure to adequately secure the scaffold, despite obvious risks, was deemed a serious breach of WHS laws. The incident serves as a stark reminder for employers to consider environmental risks when constructing temporary structures.
Upcoming Events
Perth Safety Symposium 2024 at the Ritz Carlton Perth - Friday 15th November
Wrap Up
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