New Era Safety News (Special Edition: Mid-Year Updates 2024)

Welcome to the special mid-year edition of New Era Safety News. I'm Jamie Mallinder, your trusted voice in #safety, #wellbeing, and #leadership. As we enter the second half of 2024, this edition focuses on some of the key changes that have come into effect as of today.

Industrial Manslaughter Offence Commences in Two Jurisdictions

The offence of industrial manslaughter commenced in the Commonwealth jurisdiction and South Australia today. The Commonwealth imposes maximum penalties of 25 years' jail for individuals and $18 million for bodies corporate that negligently or recklessly cause a workplace death, while South Australia's version carries a lower maximum term of imprisonment of 20 years but the same monetary penalty.

Commonwealth Penalties:

• 25 years' imprisonment for individuals.
• $18 million fine for bodies corporate.

South Australia Penalties:

• 20 years' imprisonment for individuals.
• $18 million fine for bodies corporate.

Current Status:

• NSW has passed the offence with 25 years' jail for individuals and a $20 million fine for body corporates but has yet to set a start date.
• Tasmania is considering a Labor Opposition industrial manslaughter Bill.

This development leaves NSW and Tasmania as the only Australian jurisdictions without operational industrial manslaughter provisions, although NSW has passed the offence and Tasmania is considering it.

Latest Changes to WHS Laws - Comcare

Industrial Manslaughter Now in Effect - SafeWork SA

Incident Notification Requirements Change in Vic Today

New changes extending the duty to notify WorkSafe Victoria of incidents came into effect today. Victorian employers must now notify the regulator of incidents involving the collapse, overturning, failure, malfunction, or damage to prescribed plant, covering machinery like forklifts, excavators, and tractors.

Key Changes:

• Incidents involving collapse, overturning, failure, malfunction, or damage to prescribed plant must be reported.
• Includes high-risk machinery such as forklifts, excavators, quad bikes, tractors, and mining and quarrying equipment.
• Applies when incidents immediately or imminently expose a person to a serious health and safety risk.

WorkSafe Victoria clarified that this update aims to enhance transparency and accountability, ensuring incidents that pose serious health and safety risks are reported promptly.

New Requirements for Plant and Equipment Incident Notification - Victoria

WA's New Injury Act Commences After a Decade of Drafting

The new Workers Compensation and Injury Management Act 2023 commenced in Western Australia today, replacing the 1981 Act. The updated statute introduces more generous medical expenses for injured workers, extends the initial payment step-down period, and bans employers and insurers from attending workers' medical appointments.

Key Changes:

• More generous medical expenses for injured workers.
• Extended initial payment step-down period from 13 to 26 weeks.
• Ban on employers and insurers attending workers' medical appointments.
• Special support scheme for catastrophically injured workers.

WorkCover WA published comprehensive guidelines to assist stakeholders with the transition, marking the culmination of over a decade of consultation and review.

We Have Arrived - WorkCover WA - If you have a question about the act and how it applies to you, call the WorkCover WA Advice & Assistance Service on 1300 794 744 or speak with your broker.

New WorkSafe WA Commissioner Announced

Sally North has been appointed as the new WorkSafe WA Commissioner, after acting in the role since last year. With 23 years of experience in occupational hygiene and workplace safety across various industries, North is expected to bring significant expertise to the position.

Sally North's Background:

• 23 years of experience with WorkSafe WA.
• Expertise in occupational hygiene.
• Experience in various industries including resources, construction, hospitality, health, and care sectors.

Industrial Relations Minister Simone McGurk expressed confidence in North's ability to enhance workplace safety in Western Australia.

World-First WHS Stone Ban Starts Today, With Warnings

Australia has implemented the world's first workplace health and safety ban on the use, manufacture, and supply of engineered stone benchtops, panels, and slabs. The ban, aimed at preventing silicosis caused by crystalline silica, was driven by the CFMEU's "Stop this Killer Stone" campaign. While the ban is now in effect, some states allow a transitional period for existing contracts until December 2024, with strict compliance requirements. Authorities have issued stern warnings against attempts to circumvent the ban.

Key Points of the Ban:

• Effective immediately in all states and territories.
• Transitional period until December 2024 for existing contracts in some states (excluding ACT, QLD, and VIC).
• Applies to products with crystalline silica concentrations of 1% or more.
• Includes engineered stone benchtops, panels, and slabs.

Compliance Requirements:

• Strict WHS controls for permitted work with legacy products.
• Proactive enforcement and monitoring by regulators.
• Strong penalties for intentional circumvention of the ban.

Exemptions:

• Limited to removal, repair, or modification of existing engineered stone installations.
• Certain other man-made products containing crystalline silica, such as concrete, cement, and porcelain, are not affected.

The ban is a significant step towards protecting workers from the deadly effects of silicosis, with authorities emphasizing rigorous enforcement to ensure compliance.

Engineered Stone Prohibition: Guidance for PCBUs Safe Work Australia

Stop This Killer Stone Campaign - CFMEU Vic/Tas CFMEU WA

Wrap Up

Thank you for reading this special mid-year edition of New Era Safety News.

Stay informed and stay safe!