This marks the largest collective placement of WHS professionals in the company’s history, showcasing its unwavering dedication to supporting extensive workplace health and safety initiatives.

The engagement entailed a comprehensive transformational change program within the government organisation, necessitating a high level of expertise, adaptability, and strategic oversight.

Safety Australia Group swiftly assembled a team of seasoned WHS professionals, including Advisors, Specialists, Consultants, and Directors, to provide expert guidance and practical solutions across various work streams.

These professionals brought diverse capabilities to the project, aiding in the development and implementation of updated safety frameworks, improved risk management practices, alignment with contemporary legislation, and the cultivation of a robust safety culture within the organisation.

The project’s magnitude and pace demanded a customised resourcing approach and a profound comprehension of WHS regulations and the intricacies of government settings. Collaborating closely with the client, Safety Australia Group ensured that the professionals not only possessed technical proficiency but also resonated with the values and standards of a high-performance public-sector workforce.

This achievement underscores Safety Australia Group’s ability to assist clients through substantial changes, particularly in heavily regulated industries. It underscores the rising need for agile and seasoned WHS professionals capable of guiding, advising, and ingraining safety practices during transformative periods.

“We are pleased to have supported this government client during a crucial phase of transition,” stated a spokesperson for Safety Australia Group.

“The deployment of over 15 WHS professionals on a single project speaks volumes about our team’s expertise, responsiveness, and standing in the WHS sector gained over the past 17 years”.

With this milestone, Safety Australia Group solidifies its reputation as a reliable provider of WHS professionals, offering tailored solutions at scale to address evolving organisational requirements.

Firstly, we can INFORM. That is educate those people within organisations who have direct responsibility for the Safety of their people. They must understand their Responsibilities and their WHS Due Diligence Obligations and never rest on past performance. Good Safety is having a constant sense of unease and protecting those in which we have responsibility.

Secondly, we can INFLUENCE. We can achieve this by Coaching those individuals to put actions in place to preserve life, limb and psychosocial safety at all times. In other words we must always “Walk the Talk” and never walk past sub-standard WHS performance.

And Thirdly and perhaps most importantly we can IMPACT. In my experience this needs to occur to those at the most Senior levels of Management within the organisation. Good Safety Principles must be driven from the Top down. I personally find real life experiences of when WHS goes wrong and its consequences, has the greatest impact on those individuals who need to drive Safety Leadership and Culture within their organisations. Often the most Senior Leaders are overly distracted by the needs of shareholders for Financial performance. However they need to understand that Good Safety is Good Business, and overall organisational performance can be severely impacted when safety goes wrong.

I would urge everyone who reads this post to think about how you Inform, Influence and Impact Work Health and Safety within your Workplace.

The proactive duty underscores the necessity for employers to take preventive actions like establishing clear policies, conducting regular training, and addressing toxic workplace cultures that condone harassment. Waiting for complaints is insufficient; employers must foresee and mitigate harassment risks through their actions.

This proactive stance is crucial for a number of reasons:

• **Protecting individuals**: By averting harassment, employees can operate in a discrimination-free environment, enhancing mental health, overall well-being, and morale.
• **Promoting equality**: Proactively tackling harassment nurtures an inclusive, fair workplace where everyone enjoys equal opportunities without the dread of discrimination or reprisal.
• **Legal and financial implications**: Neglecting this duty can result in severe legal consequences, including financial fines, harm to reputation, and decreased morale and staff retention.

Adhering to the positive duty to eradicate sexual harassment is paramount for establishing safer, more respectful work atmospheres that safeguard individuals’ rights, foster workplace harmony, and cultivate psychologically secure workplaces.>

As Australia navigates ongoing workplace safety challenges across its diverse environments, health and safety committees (HSCs) are crucial for fostering a culture of safety and cooperation between employers and employees. With workplace safety statistics highlighting persistent issues, the significance of proactive HSCs cannot be understated. Research has shown that collaboration and comprehensive training can significantly reduce injuries and cultivate a culture of care and safety within the workplace.

Why Safety Committees Matter

Health and safety committees provide a structured platform for collaboration on workplace safety issues. According to Safe Work Australia, in the 2022-2023 reporting period, there were approximately 139,000 serious workplace injuries across the nation. In the previous reporting period (2021-2022), Safe Work Australia estimated the annual cost of these injuries to the economy at approximately $61.8 billion.

These statistics underscore the critical need for proactive measures, with HSCs playing a key role in reducing incidents and promoting a safer work environment. Employers are legally required to consult with employees when forming these committees, ensuring that workers have a voice in safety matters. Once established, HSCs must convene at least quarterly, with the flexibility to meet more frequently if necessary. This regular interaction encourages ongoing dialogue about safety practices and concerns.

Training for Effectiveness

Effective training is paramount for HSC members to fulfill their roles. Proper training equips committee members with the skills to identify hazards, assess risks, and implement preventive measures. Research shows that organisations that prioritise safety training see a 40% reduction in workplace injuries. Investing in comprehensive training programs not only boosts the confidence of committee members but also empowers them to advocate for their peers.

Case Studies Across Australia

1. Queensland Mining Industry: A case study from a major mining company in Queensland showed that the establishment of an HSC led to a 30% reduction in reportable incidents over two years. Regular training sessions helped committee members become proficient in risk assessment, allowing for timely interventions.

2. New South Wales Health Sector: In a healthcare facility in New South Wales, an active HSC focused on reducing slips, trips, and falls, a common issue in healthcare settings. Their initiatives, including team training and safety audits, resulted in a 25% decrease in related injuries within one year.

3. Victorian Manufacturing: A manufacturing plant in Victoria implemented an HSC that emphasised mental health alongside physical safety. Training on recognising signs of mental distress and fostering a supportive environment led to improved employee well-being and a significant decline in absenteeism.

The establishment and effective training of health and safety committees are crucial for enhancing workplace safety across Australia. As diverse as the country’s industries may be, the need for collaborative safety efforts is universal. Employers and employees alike must advocate for HSCs in their workplaces, ensuring that safety is not just a priority but a shared responsibility.

Safety Training Australia offers regular online public Safety Committee training courses for individuals and small groups throughout the year. For organisations, our consultants also provide private group training, customised to meet your specific needs and requirements.

Visit our Safety Training Australia website for more details.

This report evaluates various early intervention approaches in Australia’s workers’ compensation system, focusing on methods to reduce recovery times and enhance return-to-work outcomes for injured workers.

The research involved consultations with stakeholders from the workers’ compensation and return-to-work sectors, an environmental scan, and a review of both national and international literature.

The findings will contribute to the National Return to Work Strategy 2020–2030.

For more information download the report from the Safe Work Australia website.

In December 2022, a positive duty on employers, businesses, and organisations to take ‘reasonable and proportionate’ steps to eliminate unlawful conduct in the workplace was included in the Sex Discrimination Act.

This major piece of legislative reform was a key recommendation from the Commission’s landmark Respect@Work report. It aims to stop unlawful conduct such as sexual and sex-based harassment, sex discrimination, hostile workplace environments and related acts of victimisation before they start.

Organisations and businesses are now required to focus on actively preventing unlawful conduct connected to work, rather than responding only after it occurs.

The Australian Human Rights Commission has released resources to help organisations and businesses comply with the new Positive Duty in the Sex Discrimination Act.

The legislation shifts the emphasis from a complaints-based model to one where employers are required to take action, and continuously assess and evaluate whether they are meeting the requirements of the duty.

Fast forward 12 months, the Australian Human Rights Commission will receive new regulatory powers in December 2023 to ensure organisations and businesses meet the Positive Duty requirements.

The Commission’s resources are being released now to encourage and support businesses and organisations to take action to comply with the Positive Duty, before its enforcement powers commence.

The resources cater for organisations and businesses of all sizes, and include all relevant information, practical examples and frameworks required to understand the steps they need to follow to meet their obligations.

Additionally, the Commission has established the Respect@Work Information Service, which is a free national, trauma-informed service that provides information to assist individuals, employers and organisations to better understand their rights and responsibilities in relation to sexual harassment and sex-based discrimination in the workplace.

Commission President, Emeritus Professor Rosalind Croucher AM said “With one in three Australians reporting they’ve been sexually harassed at work over the last five years, leaders of organisations and businesses play a pivotal role in setting the benchmark for best practice in preventing harassment and discrimination in Australian workplaces.

“This is a significant moment for leadership. Implementing the positive duty is an opportunity for Australia to change the places in which we work – to be safe, inclusive, gender-equal, and free from sexual harassment and discrimination.”

Source: AHRC, August 2023

Amendments have been made to the model WHS Act and model WHS Regulations, including how WHS penalty provisions are expressed, increasing penalty amounts and providing for the indexation of penalty amounts.

The Model Work Health and Safety Legislation Amendment (Offences and Penalties) 2023 is now available to view on the Safe Work Australia website.

The amendments do not automatically apply in a jurisdiction as they have to be enacted first, although a summary of the amendments include areas such as:

• Increase the level of penalties and provide for the indexation of penalties in line with national CPI in both the model WHS Act and model WHS Regulations. These amendments give effect to recommendation 22 of the 2018 Review.
• Introduce new s 30A in the model WHS Act to give effect to the decision of WHS ministers. At the WHS ministers meeting on 28 February 2023, the requisite majority of ministers agreed to amend the model WHS Act to include a jurisdictional note and model penalties for the offence of industrial manslaughter.
• Amend s 31 in the model WHS Act to clarify that an officer may commit a Category 1 offence under s 31 of the Act.
• Introduce new sections 244A – 244D in the model WHS Act allowing for aggregation of conduct for body corporate PCBUs.
• Amend regulations 55C and 55D in the model WHS Regulations (psychosocial regulations) to correct the placement of the regulation 9 note.

For the model WHS Act and model WHS Regulations to have effect in a jurisdiction they must be enacted in that jurisdiction.

For information on WHS laws in your jurisdiction, please contact your WHS regulator.

Source: SafeWork Australia, July 2023

The Australian Work Health and Safety Strategy 2023-2033 addresses ongoing and emerging challenges in work health and safety over the next decade, including managing psychosocial risks, the rise of artificial intelligence, automation and related technologies, and new types of work including gig work.

Safe Work Australia Chief Executive Officer, Michelle Baxter said “while data shows that fatal and serious injuries at work have declined over the last decade, Australian workers are still getting sick and injured, sometimes fatally, from work.

“Through this Strategy we are focusing our efforts to ensure the work health and safety system in Australia can improve outcomes and address emerging challenges over the next decade.”

Vehicle incidents, being hit by moving objects and falls from a height account for the most fatalities, while body-stressing, falls, slips and trips, and being hit by moving objects are the cause of most workplace injuries.

According to the latest data, 70% of fatalities and 61% of serious workers’ compensation claims occur in six industries:

• agriculture
• construction
• transport
• manufacturing
• healthcare and social assistance, and
• public administration and safety.

Source: SafeWork Australia, 23 February 2023

We need to ensure that WHS is core to how we do business in Australia. Lessons learned from prosecutions can provide insight into future safety improvements.

All information about recent fines and convictions have been sourced from AIHS website.

VIC: companies fined $50,000 following arm injury

Two companies in Victoria have been fined a total of $50,000 after a worker’s arm became caught in a machine at a brick manufacturing site in Thomastown in 2018.

Brick manufacturing company, PGH Bricks & Pavers, was sentenced in the Heidelberg Magistrates’ Court after earlier pleading guilty to a single charge of failing to provide plant that was, so far as reasonably practicable, safe and without risks to health.

The company was convicted and fined $40,000.

Bricks Australia Services, which employs staff that worked at the PGH facility, earlier pleaded guilty to a single charge of failing to provide necessary information or instructions to enable its employers to perform their work safely.

It was fined $10,000 without conviction and ordered to pay costs of $3,140.

The court heard a worker was inspecting a possible problem with a head drum that powered a conveyor belt used to transport clay when his right arm became trapped between the belt and the drum.

Another worker heard the man’s cry for help and activated the emergency stop button.

The worker suffered a dislocated elbow, nerve crushing and damage from his bicep to his fingers.

The court heard it was reasonably practicable for PGH to affix guarding to the head drum and for BAS to ensure that workers received necessary information and instruction in relation to the risk posed by the plant.

The risks associated with conveyors were well known and include entanglement and crushing of body parts, said WorkSafe Victoria executive director of health and safety Narelle Beer.

“Tragically, this worker’s life-altering injuries could have been avoided if appropriate safety measures were put in place,” Beer said.

“There is no excuse for duty holders who fail to implement guarding around known danger areas, or who fail to provide their staff with the training they need to perform tasks safely.”

NSW: company fined $150,000 after worker injured in roofing incident 

A Sydney-based business has been convicted and fined $150,000 after a worker was seriously injured while helping to replace roofing at a company job site in 2019.

Advanced Roofing Sydney was sentenced in the NSW District Court for failing to ensure as far as reasonably practicable the health and safety of workers.

“This is a case where the court heard a worker fell while helping to replace roof sheeting over the indoor gymnasium at St Joseph’s College, Hunters Hill, Sydney,” said the head of SafeWork NSW Natasha Mann.

“On the day the incident occurred there were numerous voids in the roof where roof sheeting had been removed and while they were covered in black plastic there were no secure plywood covers.”

The court heard the 22-year-old worker was helping to carry some roof sheeting when he fell through a void covered in black plastic and fell more than eight meters onto a basketball court below, suffering serious injuries.

Safety measures were adopted at the job site after the incident; the use of individual safety harnesses was enforced for workers on a high roof or within two metres of an exposed area, and secure plywood covers were installed over the numerous voids in the roof.

Advanced Roofing Sydney has a right to appeal the sentence which was handed down on 14 September 2022.

Two businesses fined $1.05 million over workplace fatal electrocution

A construction company and a roofing company in NSW were recently fined $600,000 and $450,000 following a fatal electrocution incident in 2019.

On 11 February 2019, two labourers were removing steel handrails from the roof of a warehouse in Moorebank when a metal handrail contacted high voltage power lines nearby.

The 25-year-old man holding the handrail fell onto his back and his workmate ran to his aid and tried to kick the handrail out of his hands.

The 25-year-old died on the roof and the other worker suffered serious burns to his legs.

Riverwall Constructions was engaged to replace the damaged roof on which the workers were working. Riverwall oversaw the project at the site and subcontracted Perry’s Roofing Pty Ltd to replace the roof.

Riverwall Constructions received a $600,000 fine and on 15 July 2022, Perry’s Roofing received a $450,000 fine. Both were convicted in the District Court for failing to comply with their WHS duty.

Falls from heights are the leading cause of traumatic injuries and fatalities in the NSW construction industry closely followed by contact with electricity, said SafeWork NSW executive director compliance & dispute resolution, Matthew Press.

“Each year SafeWork NSW responds to many incidents where workers come into contact with to overhead power lines or are observed working too close to them,” he said.

“Businesses must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead power line. To avoid these types of incidents, consult with the electricity supply authority to have the power isolated.

“They can assess the site and advise of appropriate controls that you should adhere to. If you can’t avoid working near overhead power lines, you need to properly assess and control the risks to workers.”

VIC: $100,000 fine after patient’s death

A healthcare provider in Victoria has been convicted and fined $100,000 after the death of a patient at a Bendigo psychiatric unit.

Bendigo Health pleaded guilty in the Bendigo Magistrates’ Court to a single charge of failing to ensure people other than employees were not exposed to risks to their health and safety.

Bendigo Health was also ordered to pay costs of $5,062.

The patient had been involuntarily admitted into the Alexander Bayne Centre in August 2016 after earlier presenting to the Bendigo Health emergency department asking for help and reporting suicidal thoughts.

Later that month, the patient took their own life at the centre.

The court heard it was reasonably practicable for Bendigo Health to have reduced the relevant risk of injury or death.

WorkSafe Victoria director of health and safety Narelle Beer said the patient’s death was a tragic incident that could have been prevented.

“This is an extremely sad incident that should never have happened,” Beer said.

“Every employer has a duty to do everything they can to reduce risks to the health and safety of everyone within a workplace, including those associated with intentional self-harm.”

$50,000 fine issued after worker’s leg severed by auger

The operator of a regional firm in NSW was recently convicted and fined $50,000 after a worker sustained serious injuries in 2020.

Drew McLauchlan operated a business known as Declem Pastoral as part of a family partnership, and he was sentenced in the Downing Centre Local Court, Sydney for a breach of section 19/32 of the Work Health and Safety Act 2011 for failing to ensure as far as reasonably practicable the health and safety of workers

The court heard that a then 22-year-old man in the business’s employ had part of his leg severed by an operating, unguarded piece of inground machinery while he was helping to clear grain from a silo, according to DCS Better Regulation Division Deputy Secretary and NSW Fair Trading Commissioner Natasha Mann.

“In the case before the court, the worker was employed by a family-owned and operated farm with interests in sheep and beef cattle farming, as well as grain,” Mann said.

“On the day of the incident, the farmhand was shovelling and sweeping grain inside a silo. The defendant had removed floor guards from access points to an inground grain auger, which had a motorised, twisting metal segment that was conveying produce from the silo to a waiting truck.”

The court heard part of the worker’s left leg was severed above the knee when he stepped backwards into one of the grain auger’s unguarded access points. The business offered no formal training for workers and had no documented work system at the time of the incident.

During sentencing on 9 August 2022, the court heard that McLauchlan had expressed sincere remorse following the incident.

The business has since developed a safe work procedure for cleaning the silo and operating its grain auger.

“We are asking all New South Wales agribusinesses to be vigilant about their safe work planning, and relentless about ensuring that the management and workforce are properly trained,” Mann said.

Energy company fined after workers exposed to acid

An energy company in Victoria has been convicted and fined $110,000 after two workers were exposed to toxic acid vapour in separate incidents at a Corio oil refinery in November and December 2017.

Viva Energy Refining was sentenced in the Geelong Magistrates’ Court after pleading guilty to two charges under the Occupational Health and Safety Act.

The company was fined $100,000 for failing to provide and maintain a safe system of work requiring employees to wear appropriate personal protection equipment (PPE) when working with equipment containing hydrofluoric acid.

The company was also fined $10,000 for failing to notify WorkSafe after an employee was exposed to immediate risk when acid leaked from a sampling cabinet.

The court heard that workers in the company’s MOGAS Unit used a sampling cabinet to test the hydrofluoric acid, which is used in the manufacture of a component of avgas and petrol.

A WorkSafe investigation found it was reasonably practicable for Viva Energy Refining to require workers to wear a higher class of PPE when working on equipment that contained, or may have contained acid, and fully enclosed PPE with an independent oxygen supply if acid was flowing through lines connected to the sampling cabinet.

Investigators found that the company’s operating procedure had previously required a higher level of PPE for these tasks, but PPE requirements had been reduced by September 2017.

WorkSafe investigators also found that the company failed to notify WorkSafe after a worker was exposed to a cloud of acid vapour while wearing only a helmet, goggles and gloves in November 2017.

In December 2017 a second leak resulted in a worker who was wearing a helmet, goggles and gloves requiring hospital treatment for acid exposure, including a prolonged sore throat and skin sensitivity.

Hydrofluoric acid was highly corrosive with the potential to cause severe bone damage, burns, skin and deep tissue ulceration, heart failure and death, said WorkSafe executive director health and safety Narelle Beer.

“Employers working with hazardous chemicals must do everything practical to ensure that workers’ safety is their highest priority,” Beer said.

“In this case workers were twice exposed to highly toxic clouds of acid vapour without appropriate PPE, with potential to cause serious injury or even death.”

Company fined after debris from a crane fell on worker

A company in Queensland that leased a property to a steel business has been fined $75,000 after a worker was injured when debris from a building bridge crane fell on him.

The business pleaded guilty in the Southport Magistrates Court to breaching Queensland’s Work Health and Safety Act 2011(link is external) by failing to ensure the building was without risks to the health and safety of people in the workplace.

The court heard the building leased to the steel processor by the defendant company had three overhead bridge cranes which traversed a runway structure within. At the time of purchasing the building, the defendant conducted several inspections but did not closely examine the bridge cranes or runway structure.

It also failed to engage a mechanical or structural engineer to assess the infrastructure. The lease entered by the steel firm outlined the bridge cranes supplied were the property of the defendant (lessor) and that it would undertake any repairs and replacement of major working components.

Additionally, it was agreed the steel business must enter into a preventative maintenance contract for the regular servicing of the cranes. However, the steel firm did not do so and instead engaged a provider on an “ad hoc” basis to do general maintenance, breakdown, service and repairs. The provider was not engaged to inspect or maintain the crane runway system.

The Workplace Health and Safety Queensland investigation found that on 28 June 2019 a worker was operating a bridge crane moving a large sheet of steel when all three bolts on the support bracket attached to the west wall of the north runway failed and that section fell.

The worker was hit by debris as he attempted to get out of the way and sustained bruising, a deep laceration and fractures.

WHSQ engineers found the absence of a column to support the end of the runway was the main contributing factor to the incident.

Magistrate Gary Finger noted there was potential for a worker to be killed or seriously injured. He considered the risk posed was obvious, and the likelihood of the risk arising was moderate with a lack of safeguards implemented, remarking that the defendant could have minimised the risk by engaging an engineer to inspect the runway and ensuring routine inspections were conducted.

In sentencing, Magistrate Finger took into consideration the defendant’s guilty plea and remorse. He also took into account that the company was a good corporate citizen with no prior convictions under work health and safety legislation.

His Honour noted the considerable assistance the defendant provided to investigators by voluntarily participating in an interview.

The company was fined $75,000 with costs of $600, and no conviction was recorded.

WorkSafe’s WorkWell Toolkit for Small Business offers new resources focused on small business, including in-language support for Chinese and Vietnamese-speaking small business operators.

Small businesses can now access a free online toolkit providing tailored, step-by-step support to help them create mentally healthy workplaces.

It includes access to practical tools and information such as case studies, policy templates, videos and tip sheets from trusted organisations such as Beyond Blue and RUOK.

The resources cover topics including bullying, fatigue, gendered violence including sexual harassment, leadership, occupational violence and aggression, respect and role clarity.

WorkSafe Executive Director Health and Safety Narelle Beer said mentally healthy workplaces benefited workers, their families and communities, and had a positive impact workplace productivity.

“The free WorkWell Toolkit for Small Business provides tailored support and resources to small businesses to help them create safe and mentally healthy workplaces where workers can thrive,” Dr Beer said.

“The toolkit will support small businesses to be better able to identify and manage risks to psychological health, which can be harder to spot but are just as important to address as risks to physical health.”

Work related mental health injuries are expected to account for one third of all workers compensation claims by the end of the decade. WorkSafe has accepted 633 mental injury claims from workers in small businesses since the start of 2021.

The small business-focused toolkit was developed in partnership with Department of Jobs, Precincts and Regions and received $500,000 as part of the Government’s Wellbeing and Mental Health Support for Small Business during COVID-19.

The funding was used to repurpose the toolkit for small businesses, including consulting about their needs, providing in-language support, developing new resources and making the toolkit easier to use.

The additional resources for small businesses will extend the reach of the existing toolkit, which has already supported almost 17,000 workplaces since it was launched in July 2018.

The toolkit is part of WorkSafe’s WorkWell program, which also includes learning networks to connect businesses and workers with mental health experts and WorkSafe’s Mental Health Improvement Fund, which offers investment to organisations and industry groups to prevent mental injury.

For more information, visit the WorkSafe Vic Workwell Program website

Source: WorkSafe Vic, 25 August 2022