In this article, OHS Alert examines all the most important workplace safety and workers' compensation news from the second quarter of 2015, including a record OHS fine, a world-first decision on PTSD, and legislative changes in every state and territory.

Categorised by jurisdiction, each brief summary below includes a link to the original OHS Alert article (which could be contained within a set of news briefs).

We've also included a list of our some of our most popular articles from the three months to 30 June.

You can access any of our quarterly updates (going back to 2004) directly from our WHS Links page at any time. Add it to your favourites list now for easy reference later.

• Commonwealth/National
• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia
• Popular articles

Commonwealth/National

The Commonwealth jurisdiction's mirror Work Health and Safety Regulations 2011 were updated with substantial policy changes in some areas and about 100 technical amendments, while Safe Work Australia amended seven model WHS Codes of Practice.

The Safety, Rehabilitation and Compensation Amendment (Improving the Comcare Scheme) Bill 2015 – which tightened access to workers' compensation and broadened the definition of "reasonable administrative action" – passed through the House of Representatives, before a parliamentary inquiry recommended that the Senate also pass the Bill.

The Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015 passed Parliament with technical amendments, and the Safety, Rehabilitation and Compensation Legislation Amendment (Exit Arrangements) Bill 2015 was introduced to the Senate after passing the Lower House.

The Federal Budget predicted that Comcare's average premium rate would fall by nearly 12 per cent over the next three years.

A national employer was fined a record $363,000 over the death of a non-employee, after the Federal Court found it should be penalised for its conduct both before and after the fatal incident. Another major Comcare-covered employer was fined $110,000 in the first of two safety prosecutions it was facing relating to the incident-ridden construction of the Brisbane Airport Link.

The Fair Work Commission found it could only make "formal orders" referring bullying incidents to a WHS regulator if the alleged victim faced ongoing work health and safety risks. It also found that the actions of two senior managers, in berating a worker in a surprise meeting before threatening to discipline him, constituted repeated unreasonable behaviour and bullying within the meaning of the Fair Work Act.

The FWC upheld an employer's push to conduct both saliva and urine tests under its new workplace drug and alcohol policy, finding this approach would provide a far superior deterrent against illicit drug use than single-testing-method regimes.

The FWC found an employer unlawfully sacked a worker for drinking alcohol before starting a night shift because its "general knowledge" drug and alcohol policy didn't make it clear that consuming any alcohol prior to presenting for work wasn't permissible. In another unfair dismissal case, the Commission found an employer was entitled to sack a worker who expressed views on OHS matters that showed a poor understanding of safety processes.

The Federal Court fined 22 workers $1000 each for walking off a job, after finding low water pressure in the job site's bathrooms didn't pose an "imminent risk" to health and safety as the workers claimed.

In a scathing judgment, the AAT found an injured worker's physiotherapists treated her for nearly two decades without helping her achieve any functional goals or self-manage her condition.

Queensland introduced a Bill to allow the National Heavy Vehicle Regulator to approve electronic work diaries in all participating states and territories, while the National Rail Safety Regulator advised employers that its officers would have greater powers to obtain documents from 1 July, and the Government introduced a Bill that similarly expanded the Australian Radiation Protection and Nuclear Safety Agency's monitoring and compliance powers.

Australian Capital Territory

The Planning, Building and Environment Legislation Amendment Bill 2015 passed Parliament, removing a "loophole" that allowed licensed asbestos removalists to remove asbestos-containing walls, and other infrastructure that could affect the structural integrity of a building, without complying with builder licensing laws.

The Territory Government introduced the Red Tape Reduction Legislation Amendment Bill 2015 to make technical changes to nearly 80 Acts and Regulations, including the Dangerous Substances Act 2004, Electricity Safety Act 1971, Workers Compensation Act 1951 and Work Health and Safety Act 2011.

The Court of Appeal ruled that an employer wasn't negligent in deciding not to replace a non-transparent fire door, which caused an injury, after finding the door was previously used thousands of times without incident, and the risks it posed weren't substantial.

A worker who told his employer he suffered a serious injury at home, before later claiming he sustained it at work, was awarded workers' compensation, after the Supreme Court found he initially lied about his condition because he thought he would be dismissed for getting injured at work.

New South Wales

The WorkCover Independent Review Office revealed in a report on its ongoing inquiry into the workers' compensation scheme that it was likely to advise the State Government to simplify workers' comp disputes and make exceptions to caps on medical coverage and permanent impairment claims.

WorkCover instructed employers and insurers to treat two controversial decisions on lump sum compensation – involving the 2012 amendments to s66 of the Workers Compensation Act 1987 – as law until the courts determined otherwise.

The NSW Pesticides Amendment Bill 2015 passed Parliament, marking the first step in a series of agreed national harmonisation reforms aimed at managing and preventing the adverse effects of chemical use.

In a landmark decision believed to be the first of its kind in the world, the Supreme Court found that a nurse who was injured in a plane crash could pursue damages for PTSD as a "bodily injury". A doctor who was also injured in the crash was awarded $960,000 in damages.

The WCC President confirmed that a deceased woman's father was entitled to $500,000 in death benefits because her journey death was caused by work-related fatigue. In another case, the Commission found the family of a young worker who was killed while travelling to his university graduation wasn't entitled to death benefits, even though his employer encouraged him to attend the ceremony.

The mine safety regulator found that an employer could have reduced the risks faced by a worker who drowned last year by applying the hierarchy of controls, while the Coroner found that a young worker who died from hypothermia after being left to operate a forklift alone in an industrial freezer hadn't received any OHS or forklift training.

An employer was acquitted of fatality-related safety breaches after a judge found it was "diligent" in its attempts to protect non-employees, and had been entitled to rely on the expertise of a downstream duty holder.

The Supreme Court found a regulator's power to obtain information under the model WHS Act wasn't blocked by state borders or limited to safety-specific documents, in rejecting an employer's appeal against the $114,000 penalty it incurred for refusing to provide un-redacted board meeting minutes to a mine safety inspector after a worker was seriously injured.

A full Federal Court found the Fair Work Act didn't block injured NSW workers from accruing leave while receiving incapacity payments.

A manager who fell off a balcony while under the influence of cocaine and alcohol at a party at his home was denied workers' compensation, after a tribunal rejected his claim that the gathering was a "seamless" continuation of a work function.

A delivery driver was awarded nearly $1 million in damages after he injured his ankle when a construction site supervisor directed him to unload heavy materials on an uneven surface instead of a nearby loading dock.

Northern Territory

The Territory Government introduced the Return to Work Legislation Amendment Bill 2015, which marked the second and final stage of its plan to implement all 58 recommendations of the 2014 review of the workers' comp scheme, and expanded the administrative-action exclusion for mental injuries to include 14 types of management action.

An employer received special leave to appeal against a mesothelioma-related damages award in the High Court, which would consider whether a cause of action arose in such cases at the time asbestos was inhaled, or when the symptoms of the disease became apparent.

Northern Territory and international researchers found that heat-related lost productivity and absenteeism cost the Australian economy $7.8 billion a year.

Queensland

The State Government announced six priority IR reforms, which included restoring immediate entry rights for WHS permit holders. It subsequently introduced a Bill that restored these rights, as well as HSR powers and the Electrical Safety Commission, and that required employers to notify the regulator when an injured worker was absent for more than four days.

The Government introduced the Heavy Vehicle National Law Amendment Bill 2015 to increase some penalties and to allow the National Heavy Vehicle Regulator to approve electronic work diaries in participating states and territories.

The State Opposition introduced a "non-discriminatory" workers' comp Bill for firefighters with cancer, while the Government's Restoring Fairness IR Bill and a Bill affecting the registration provisions of the Heavy Vehicle National Law passed Parliament.

WorkCover announced that Queensland's average workers' compensation premium rate would remain at an Australian low of 1.2 per cent of payroll in 2015-16.

In a case that applied the recently refined Hatzimanolis test, the Industrial Court confirmed that the husband of worker who died after diving into a river at a work function wasn't entitled to death benefits because nobody in a "managerial position" encouraged staff to swim in the river.

The IRC found a worker's journey injuries weren't compensable, because she breached the State Criminal Code in driving dangerously when she sustained them.

Two co-workers who claimed they suffered psychiatric injuries after their romantic relationship was depicted in a novel, written by a colleague's husband, were denied damages in the District Court. Meanwhile, a worker who was sacked because his obesity posed a safety risk to himself and others was denied compensation for psychological injuries in the IRC.

A machine operator who burnt his toe on his day off before developing an infection that led to his lower leg being amputated was awarded workers' compensation, after a commissioner found that one of the two types of bacteria that caused the infection was attributable to his work environment.

The IRC stressed the importance of employers re-training any former employees they re-hire, in ordering a company to compensate a recently returned employee who was injured while riding a pallet jack like a scooter.

South Australia

ReturnToWork SA outlined three areas for employers to focus on to prepare for the new workers' compensation scheme (with the Return to Work Act 2014 taking effect on 1 July), and announced that some employers would experience premium cuts of up to 95 per cent in 2015-16.

The State Government announced that employers would be able to seek assistance from SafeWork SA "educators" without fear of prosecution under a plan to overhaul the regulator and clearly define its education and compliance functions.

The Government introduced laws allowing SafeWork to commence proceedings against an entity for an offence under the repealed OHSW Act after the two-year time limit, and also made a number of legislative instruments – relating to dangerous goods, heavy vehicles, rail safety and WHS fees – which subsequently commenced on 1 July.

The Greens introduced a Bill imposing fines of up to $1 million and jail terms of up to 20 years on company officers who recklessly caused the death of a person. The party later announced it was open to suggestions to impose even tougher penalties.

An employer that was found not guilty of OHS breaches in early 2011 won its four-year battle for legal costs, and was awarded more than $81,000. Another employer successfully appealed against the severity of a $100,000 OHS fine and a publicity order requiring it to advertise its breach in a major newspaper.

An employer was fined over an incident where a worker's gloved hand was dragged into a machine and her forearm was amputated, after an Industrial Magistrate found it failed to learn from an earlier incident involving the same worker.

The Federal Circuit Court found an employer and a manager breached the Fair Work Act in failing to give an injured worker proper notice of termination after WorkCover SA cleared the company of its obligation to provide him suitable employment.

A worker was awarded compensation after the WCT found it was more likely than not that work-related back strain caused an infection "to seed" in her spine.

The WCT rejected a worker's psychological injury claim after finding her employer acted reasonably in transferring her to a role that could better "absorb" her frequent absenteeism (relating to an eye disease). The Tribunal also rejected another worker's claim that work-related stress caused him to suffer three strokes that left him severely physically disabled.

Tasmania

The Supreme Court rejected an employer's "ingenious" claim that injured workers bore the onus of proving their "initial entitlement" to compensation if their employer accepted liability but decided to dispute it later.

The WRCT rejected a worker's claim that her vulval pain was aggravated by a colleague's aggressive and bullying behaviour. In another case, it found a worker's psychological injury was caused by her misinterpretation of a single email from her manager, and not by bullying as she claimed.

A tribunal found that while an employer became aware of a workplace assault that caused an injury minutes after it occurred, the injured worker wasn't entitled to compensation because she failed to provide proper notice of her condition as soon as practicable.

The asbestos-related-diseases levy on workers' compensation premiums was reduced from four to 3.5 per cent.

Victoria

WorkSafe announced it would retain its record-low average workers' comp premium rate of 1.272 per cent of payroll for 2015-16, and appointed a new CEO, while the State Government revealed plans to re-establish and expand the WorkHealth program that was scrapped by the previous Government.

The Government committed to strengthening mine safety laws under a plan to implement all recommendations of the Hazelwood Coal Mine fire inquiry.

A parliamentary inquiry into the alleged "cancer cluster" at the Fiskville Training College identified widespread concerns about poor OHS training and careless handling of dangerous substances.

The Auditor-General found that occupational violence in the healthcare sector was widespread and poorly reported, with incident data describing punches and attempted strangulations as "mild" or "near miss". A Monash University study on leading indicators supported these findings, and the State Government established a taskforce to tackle the problem.

An employer whose informal traffic procedures caused a death at a depot was fined $450,000, while another employer's fatality-related OHS fine was nearly doubled to $425,000 on appeal, after the County Court found it failed to take basic steps to protect pedestrian workers from mobile plant.

An employer that failed to seek expert opinion before modifying a loading ramp was fined $250,000 after the ramp collapsed and killed a non-employee. Meanwhile, a company was fined $70,000 after an investigation into a work-related fatality identified an unrelated safety breach – the absence of a process for reporting vehicle defects.

The Coroner found that a worker who fell to his death while performing an unfamiliar task while his director was away had been "left to his own devices" without a proper safety plan.

A worker was awarded $10,000 in damages after a tribunal found her employer directly discriminated against her when she was pregnant by sending her irate text messages while she was in the work toilet with morning sickness, and treating her unfavourably for taking sick leave.

The Supreme Court quashed a workers' compensation medical panel's decision after finding it diagnosed an injured worker with a mental disorder that had been dropped from the American Psychiatric Association's latest Diagnostic and Statistical Manual of Mental Disorders.

Western Australia

The parliamentary inquiry into the mental health impacts of FIFO work arrangements recommended that the State's mirror WHS laws for the resources sector be drafted to include a duty of care at worker accommodation facilities, suicide-specific provisions and a special Code of Practice addressing rosters, fatigue and bullying.

New "chain of responsibility" provisions were added to the State's road safety laws, requiring all parties involved in the transport of goods by road to take all reasonable steps to prevent safety breaches.

WorkCover announced a record-low average workers' comp premium rate of 1.483 per cent of payroll for 2015-16.

The Auditor-General found the employees of at least four Western Australian public sector agencies were at risk of inadvertently disturbing asbestos-containing materials because asbestos registers and management plans were out of date.

An employer that failed to learn from a series of industry deaths was fined $120,000 after a worker was fatally crushed between stone slabs, while a mining company that failed to heed a coronial recommendation for storing heavy mesh sheets was fined $75,000 after 74 sheets fell and struck three workers, seriously injuring them.

The Coroner found an employer's permit-to-work system for hazardous tasks was routinely ignored by employees, resulting in a worker's death.

The Mining Industry Advisory Committee raised concerns that some registered training organisations were fast-tracking training and assessment for high-risk work licences, resulting in low levels of competency among new licence holders, while WorkSafe warned that some workers were using fake statements of attainment for tilt-up construction work.

An employer was fined $50,000 for breaching dangerous goods laws in storing more than 50 times the legal amount of fuel in its workshop.

A worker who claimed she was bullied at work on a daily basis was denied damages, after a judge found the alleged abuse would have been "so consistently unpleasant" that it was "inconceivable" witnesses wouldn't have intervened.

And make sure you didn't miss...

Some of OHS Alert's most-viewed articles during the April-to-June quarter included:

• Do you believe these four safety myths?
• Genital pain unrelated to bullying
• Falling asleep created safety risk, but dismissal unfair
• Reasonable email caused psych injury
• John Holland fined over injury on "deplorable" project
• Safety managers set for "big change" under new Standard
• New office and work design improves health and productivity
• Sacked safety manager's legislation quotes "unhelpful"
• Seven steps to ensuring contractors work safely
• Manager injured at private party, not work function
• Worker sacked for morbid obesity loses workers' comp bid
• Worker sacked for poor understanding of safety
• Transpacific handed record OHS fine after road death
• Leading indicators predict OHS performance
• Q1 2015: Must-know safety developments from Jan-March

Did we miss anything? Send your comments or feedback on this article to the editor, Brad Hamilton, at brad@ohsalert.com.au.

Remember, all of our quarterly updates, dating back to December 2004, are available on our WHS Links page.