Browsing: WHS Harmonisation (all) | Page 9

A mining company has been fined $900,000 from a maximum $3 million in the first finalised prosecution for reckless conduct under Australia's harmonised WHS laws.

Safe Work Australia has launched the public consultation process for the review of the model WHS laws, posing 37 questions for discussion and pointing to the reasons why industrial manslaughter provisions weren't included in the Act.

• Hazardous industries warned of maintenance "blind spot";
  
• Fatigue findings apply to multiple industries; and
  
• NSW regulators issue fatality alerts and prohibition notice.

• New safety bans with $1m fines receive assent in NSW;
  
• ACT adopts final model WHS Regulations and extended "wiring rules";
  
• Workers' comp changes progress in ACT and Tas; and
  
• Hazardous substances regulations commence in NZ today.

• High Court's HSR ruling applies to harmonised WHS laws;
  
• Draft Compliance Codes for asbestos released in Vic; and
  
• Heavy vehicle safety changes pass in NSW and agreed to nationally.

New industrial manslaughter laws that could be adopted nationally are clearly intended to cover a broader range of people than the WHS Act's due diligence obligations, and breaches will be far easier to prove than category 1 offences, according to safety and employment lawyer Katherine Morris.

Safe Work Australia has announced the terms of reference and independent head of the upcoming major review of the national model WHS laws.

• Harmonised HSR powers pass both Houses of SA Parliament;
  
• Death benefits increased and de facto clauses removed in WA; and
  
• WA accelerates FIFO Code, releases four-step anti-bullying guide.

WHS amendments that recently passed in Queensland and will be pushed nationally effectively mandate risk management, while the industrial manslaughter provisions "create conflict" in the operation of the WHS Act, according to leading health and safety lawyer Michael Tooma.

Western Australia has introduced Bills with maximum workplace safety fines exceeding those in the harmonised jurisdictions ($3 million) and Victoria (nearly $3.2 million).