New WHS Legislation Changes June 2020 – Greater fines and easier to prosecute against WHS offences

Directors & Officers (D&O) Liability Insurance - SLI and EPL coverage changes against WHS offences
SLI/EPL Insurance Changes

There has been an overhaul of the NSW Work, Health and Safety Laws in June 2020. The essence of these changes is to improve workplace Health and Safety and to reduce workplace death in NSW. The Work Health and Safety Amendment (Review) Act 2020 which came into effect from June 10, includes the following changes:

1.       It is now easier for businesses to be prosecuted for Category 1 offences. Previously, the prosecutor had to prove ‘recklessness’ by the duty holder, which was difficult to prove. These changes have dropped the bar to ‘Gross Negligence’. This change creates a stronger incentive to duty holders to manage WHS risks. Category 1 offences carry a maximum penalty of $300 000 for an individual and/or five years imprisonment, and for a corporation $3 463 000.

2.       Insurance and Indemnity arrangement for WHS penalties and fines are now illegal. For anyone who currently does have such insurance, the insurer will be prohibited from paying out under existing policies.

3.       Penalty amounts for WHS offences have all increased. Furthermore, they will continue to increase with Consumer Price Index every year in order to ensure that penalties retain their deterrent value. There were significant increases to the following penalties:

·       penalties for category 1 offences have increased to $3,463,000 from $3 million

·       penalties for category 2 offences have increased to $1,731,500 from $1.5 million

·       penalties for category 3 offences have increased to $577,000 from $500,000.

It is now vital more than ever to show that you have done everything you can to mitigate the WHS risks in your business. Ultimately, these laws have changed to make prosecution for WHS offences easier for the regulators. It’s all about keeping your staff and business safe. It is very important that you are not seen to be negligent if things go wrong. ISOsafe are specialists in WHS compliance, advice and training. If you would like a review of your WHS systems and workplace to ensure that you are doing everything you can to manage the WHS risks of your business; call ISOsafe on 1300 789 132.

SafeWork Regulator News: Safety blitz targets Aged Care facilities

SafeWork inspectors are set to audit residential aged care facilities in an effort to reduce the risk of worker injuries caused by manual handling tasks.

The campaign will ensure compliance with work health and safety legislation, as well as checking measures required to control the risks associated with resident handling.

More than half of manual handling injuries in residential aged care facilities happen when nurses and carers move residents. SafeWork routinely audit businesses for manual handling procedures, as part of their regulatory role. 

SafeWork SA Acting Executive Director Dini Soulio said the audit, to be conducted by the organisation’s regulator arm, was one of many to occur each year.

“These initiatives are in addition to the reactive work inspectors carry out every day in response to notifications and incidents,” Mr Soulio said.

“The inspectors will be looking at a range of things in the aged care sector, including resident aids and equipment, systems for assessing residents for mobility aids and environmental factors such as building access. They will also be checking that there are appropriate injury reporting mechanisms for nurses, carers and others involved in the care of residents and that, in an overall sense, there is a ‘safety first’ workplace culture.

“The audit will determine whether safe systems of work are in place and that they are reviewed regularly so the risk of manual handling injuries is eliminated or reduced.”

The Australian Government has estimated that the number of aged care workers in Australia will increase from 352 100 in 2012 to 827 100 in 2050.

ISOsafe help aged care businesses comply with regulatory duties. Don’t get caught out. Contact ISOsafe today on 1300 789 132 to organise your independent workplace safety review. Our mobile work health and safety advisory service can visit you at your workplace to deliver training and prepare manual handling procedures.
 

Get serious about forklift safety, this December

Forklifts (or industrial lift trucks) are used to stack and transfer loads in many workplaces. At ISOsafe we see the statistics, year after year reporting on workplace deaths and injuries resulting in substantial financial and human costs for workers, businesses and the wider community

The main reasons why people are killed or seriously injured by a forklift include:
✓   hit by a forklift because of driver error, working too close to the forklift or inadequate traffic management
✓   hit by a load a forklift was moving because the driver did not use an attachment when one was needed, or assisting to adjust or steady the load
✓   not wearing a seat belt in a tip-over. The forklifts mostly tipped because operators were turning on uneven or sloping ground

Forklift incidents can be prevented, contact ISOsafe today to learn more about our solutions for your workplace, email us at: enquiries@isosafe.com.au

Two workplace deaths in just over 24 hours

Earlier this week two workplace deaths resulting from falls were reported. The first incident took place on Tuesday 25 October, 2016 where a man plunged to his death at a construction site in Sydney's northwest. Police officers who first arrived at the scene administered CPR until paramedics arrived, but the man died at the scene. A crime scene has been established and police have begun working with SafeWork NSW to investigate. 

The next day another workplace related death was reported where a man fell to his death at a construction site. The sub-contractor was working at the Melbourne Exhibition Centre Expansion project in South Wharf when he fell from a piece of equipment about 3.30pm. Union officials said the man was a boilermaker aged in his 50s, who was operating a boom lift on the work site. A witness said he heard screaming and yelling at the building site. "I looked up and there was a man slumped on the lift. Everyone was yelling and screaming and stuff and trying to wake him up," the man told Channel 10. The man was a member of the Australian Manufacturing Workers Union and came from a family heavily involved in the state's construction industry, officials said. The South Wharf site is operated by national construction firm Probuild. Probuild Group managing director Simon Gray said his thoughts were with the man's family. "It is with great sadness that we confirm a fatality involving an employee of one of our sub-contractors occurred this afternoon at the Melbourne Exhibition Centre Expansion project. "Our sincerest thoughts and condolences are with all those impacted - family, friends and workmates. "We are awaiting further details on the incident and are cooperating fully with Victoria Police and WorkSafe Victoria. Support and counselling is being offered to all affected construction workers and staff." The Construction, Forestry, Mining and Energy Union and the AMWU sent safety officials to the work site on Wednesday afternoon. WorkSafe is investigating and police will prepare a report for the coroner.

No doubt, the impact of these incidents will extend beyond the family and friends of these workers… Business owners should protect their workers, including subbies. Don’t risk non-compliance, contact ISOsafe today on 1300 789 132 to learn more about our services for Australian businesses

New Zealand construction firm fined after worker injured in 2.9m fall

The construction company was fined $34,000 and ordered to pay reparations of $16,000 after pleading guilty to one charge under sections 6 and 50 (1) (a) of the Health and Safety in Employment Act 1992.
On 22 October 2015, the worker was installing a flooring system on the second storey of a house in Timaru in the southern Canterbury region of New Zealand. The system is a composite steel flooring system made of lightweight, pre-formed steel sheets.
While drilling timber fascia boards to a steel beam, the steel sheets, which the worker was using as a work platform, moved and the worker fell 2.9m onto the concrete floor. He was knocked unconscious, sustained fractures, and suffers fatigue and headaches as a result of his head injury.
A WorkSafe investigation revealed the company had failed to complete adequate planning and hazard assessment in relation to the work, which would have included assessing whether the sheets made a safe work platform and making sure that the sheets were installed in line with the manufacturer’s instructions.
The worker was unfamiliar with the installation process and had received no training on how to do so. No one had checked that the worker installed the sheets correctly.
WorkSafe’s Construction Programme Manager Marcus Nalter said “working from height is a well-known risk in the construction industry and it must be managed appropriately at all times.”
Nalter added, “The company should have ensured that the fitting of the flooring system was being done correctly and appropriate controls were in place to prevent a fall from height, such as providing a safe working platform.”
“People working in high risk industries such as construction should be able to trust that the employer has their workers’ safety at the front of their mind. In this instance, The company’s inattention to safety has resulted in injury and ongoing health impacts for the worker,” said Mr Nalter.
The importance of training and hazard management while working at height has been reinforced here. Don’t risk non-compliance contact ISOsafe today on 1300 789 132