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  • How Australian Standards are used to determine the seriousness of OHS offences in court - Work Safety Hub
    2000 NSW The defendant operated a business involving the hiring of go karts to the general public which were driven on a specifically designed track at the premises The offence arose from a fatal incident in which unrestrained fabric from a hijab worn by the driver of a go kart became entangled in moving parts of the go kart she was driving Two Australian Standards applied to the business of the defendant AS 3533 1 2009 Amusement rides and devices Part 1 Design and construction and AS 3533 2 2009 Amusement rides and devices Part 2 Operation and maintenance Relevant to the circumstances of the incident AS 3533 1 provided that go kart riders were not to wear loose fitting clothing or accessories that could become entangled in any part of the kart and AS 3533 2 advised that persons with such clothing accessories or unrestrained hair were not permitted to participate where there is a risk of entanglement Wearing a loose garment whilst go karting presented a risk of the garment becoming caught in the moving parts and potentially causing physical injury to the wearer The hijab worn during the go karting was loose and unrestrained and the employee manager took no steps to manage the risk caused by the loose clothing Judgment In sentencing the defendant the Industrial Court of New South Wales found that the risk could have been avoided through the defendant taking specific measures within his control It was found that there were no systems in place prior to the incident intended to eliminate or avoid the risk The defendant submitted that at the time of the incident he was unaware that the relevant Australian Standards existed though accepted that as operator of the go karting business it was his responsibility to be aware of

    Original URL path: http://www.worksafetyhub.com.au/blog/entry/how-australian-standards-are-used-to-determine-the-seriousness-of-ohs-offences-in-court?tmpl=component&print=1 (2014-01-05)
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  • So many acts, regulations, codes – where do you start? - Work Safety Hub
    persons should always be advised of amendments of external documents related to their responsibilities as soon as practicable Step 2 Advise Directors and Managers of their responsibilities Chief Executives General Managers Managers and Supervisors need to ensure that all personnel are provided with clear documented procedures and instruction to define how work is to be carried out safely and in compliance with all the relevant legislative requires since in many jurisdictions lack of knowledge does not constitute a valid defence in the event of a prosecution Managers need to be formally advised that in jurisdictions where industrial manslaughter is in force individuals can face imprisonment if found guilty of industrial manslaughter i e a fatality where criminally reckless or criminally negligent behaviour on the part of the officer has been proven In all instances where such circumstances may eventuate legal advice must be urgently sought In addition managers must be formally advised that in some jurisdictions jail sentences can be given to offenders for gross negligence that is where there was a disregard for the likelihood of death or serious harm occurring and where death or serious injury did result from the contravention Step 3 Ensure government authorities and right of entry procedures are understood Approved inspectors from authorities must be given right of entry the requested information and the required cooperation in accordance with the requirements of the relevant legislation Where approved by legislation persons who are not employees but who hold an approved Entry Permit as an authorised representative of a registered employee organisation ARREO must be permitted to enter the premises Before any such persons are permitted to enter the premises the responsible person must ensure that they are in possession of a valid Entry Permit The Entry Permit must include at least the following the name of the authorised representative the name of the registered employee organisation or the relevant branch of the organisation of which the authorised representative is a permanent employee or officer the address of the registered employee organisation or relevant branch of the organisation a passport sized photograph no more than 6 months old of the authorised representative the date of issue of the entry permit and a unique number that identifies the entry permit Managers must also be advised that Entry Permits are valid for three years Managers must be advised that in such cases these persons have the legal right to enter the premises if they suspect an occupational health and safety contravention which relates to or affects work that is being carried out by persons who are eligible to be members of the registered employee organisation or whose employment is not subject to a certified agreement by which any registered worker organisation is bound Any improvement notices issued by inspectors must be the subject of a Corrective Action note and dealt with within the required time limit Where required by legislation the authority must be notified once compliance with the notice has been achieved Where required workplaces must be

    Original URL path: http://www.worksafetyhub.com.au/blog/entry/so-many-acts-regulations-codes-where-do-you-start (2014-01-05)
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  • Prosecutions - Page 2 - Work Safety Hub
    about hazards in the workplace Fact Sheets Learn the tips and tricks to deal with workers compensation reduce your premium and improve productivity Insights Download procedure and risk assessment templates ready for use at work Templates Talk to a certified OHS specialist about your workplace safety obligations Employer Helpline Courses OHS Courses to keep your skills up to date and meet your legal obligations Short Courses Short sharp and easy way to get analysis insights and expert opinion on key developments Briefings Blog About Us Contact Us Recent Searches Anything in here will be replaced on browsers that support the canvas element OHS Business Subscription Trips Chemical Reps Health Violence Bullying OHS consulting Slips exposure Procedures Hazardous Substance Manual Handling Falls Fixed Fee Support View Audits Inspections Short Courses Videos Automation Employer Subscription Subscribe to blog Work Safety Hub The Work Safety Hub blog Prosecutions Subscribe to this category Subscribe to feed 21 posts in this category Cement Companies in New South Wales Charged Over Death Tweet Two cement companies in New South Wales were fined an aggregate of 190 000 for the fatal death of a worker last September 2009 Tags Australian safety standards Australian safety standards cement companies cement companies NSW Industrial Commission NSW Industrial Commission occupational health and safety Continue reading Posted by Robert O neill Robert O neill Certified OHS Professional GradDip OHSM GradCert OHS Dip Bus QA CPMSIA RSP Aust Robert is the foun User is currently offline on Monday 19 August 2013 Prosecutions SA winery fined 68 000 after employee lost his leg Tweet A South Australian winery has been fined 68 000 due to a workplace safety breach that caused an employee to loose his leg after amputation Tags Industrial Magistrates Court Kahlon Estate s Wines Pty SA winery South Australian winery workplace

    Original URL path: http://www.worksafetyhub.com.au/blog/categories/listings/prosecutions?start=2 (2014-01-05)
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  • Prosecutions - Page 3 - Work Safety Hub
    the tips and tricks to deal with workers compensation reduce your premium and improve productivity Insights Download procedure and risk assessment templates ready for use at work Templates Talk to a certified OHS specialist about your workplace safety obligations Employer Helpline Courses OHS Courses to keep your skills up to date and meet your legal obligations Short Courses Short sharp and easy way to get analysis insights and expert opinion on key developments Briefings Blog About Us Contact Us Recent Searches Anything in here will be replaced on browsers that support the canvas element OHS Business Subscription Trips Chemical Reps Health Violence Bullying OHS consulting Slips exposure Procedures Hazardous Substance Manual Handling Falls Fixed Fee Support View Audits Inspections Short Courses Videos Automation Employer Subscription Subscribe to blog Work Safety Hub The Work Safety Hub blog Prosecutions Subscribe to this category Subscribe to feed 21 posts in this category Company and director fined 400 000 over plant worksite death Tweet A company and its director were prosecuted over a worker s death at Adelaide s desalination plant construction site and both were fined a total of 400 000 plus court costs Tags Ferro Con SA Ferro Con SA plant construction site plant construction site plant worksite death plant worksite death SafeWork SA Continue reading Posted by Robert O neill Robert O neill Certified OHS Professional GradDip OHSM GradCert OHS Dip Bus QA CPMSIA RSP Aust Robert is the foun User is currently offline on Monday 15 July 2013 Prosecutions Case on workplace bullying dismissed Tweet Last month a woman appealed to the court on a bullying case against her colleague but the case was dismissed eventually Tags bullying case bullying case Family Law Department Family Law Department Fiona Brown Fiona Brown Maurice Blackburn s Family Law Department Maurice Blackburn s

    Original URL path: http://www.worksafetyhub.com.au/blog/categories/listings/prosecutions?start=4 (2014-01-05)
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  • Prosecutions - Page 4 - Work Safety Hub
    premium and improve productivity Insights Download procedure and risk assessment templates ready for use at work Templates Talk to a certified OHS specialist about your workplace safety obligations Employer Helpline Courses OHS Courses to keep your skills up to date and meet your legal obligations Short Courses Short sharp and easy way to get analysis insights and expert opinion on key developments Briefings Blog About Us Contact Us Recent Searches Anything in here will be replaced on browsers that support the canvas element OHS Business Subscription Trips Chemical Reps Health Violence Bullying OHS consulting Slips exposure Procedures Hazardous Substance Manual Handling Falls Fixed Fee Support View Audits Inspections Short Courses Videos Automation Employer Subscription Subscribe to blog Work Safety Hub The Work Safety Hub blog Prosecutions Subscribe to this category Subscribe to feed 21 posts in this category Builder might face prosecution for mishandling of asbestos Tweet The Canberra Builder is under investigation by the WorkSafe ACT after the former received an accusation for exposing a young family to asbestos The said investigation will most likely result in a prosecution Tags Canberra Builder Canberra Builder mishandling of asbestos mishandling of asbestos use of asbestos use of asbestos Work Safety Commissioner Work Safety Commissioner WorkSafe ACT WorkSafe ACT WorkSafe ACT Continue reading Posted by Robert O neill Robert O neill Certified OHS Professional GradDip OHSM GradCert OHS Dip Bus QA CPMSIA RSP Aust Robert is the foun User is currently offline on Monday 01 July 2013 Prosecutions Crane hire company fined 71 000 after operator fell Tweet Last month a crane hire company and its director was fined due to an incident wherein a worker fell through a roof and suffered serious head and neck injuries The fine amounted to a total of 71 000 Tags crane hire company crane hire

    Original URL path: http://www.worksafetyhub.com.au/blog/categories/listings/prosecutions?start=6 (2014-01-05)
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  • Prosecutions - Page 6 - Work Safety Hub
    use at work Templates Talk to a certified OHS specialist about your workplace safety obligations Employer Helpline Courses OHS Courses to keep your skills up to date and meet your legal obligations Short Courses Short sharp and easy way to get analysis insights and expert opinion on key developments Briefings Blog About Us Contact Us Recent Searches Anything in here will be replaced on browsers that support the canvas element OHS Business Subscription Trips Chemical Reps Health Violence Bullying OHS consulting Slips exposure Procedures Hazardous Substance Manual Handling Falls Fixed Fee Support View Audits Inspections Short Courses Videos Automation Employer Subscription Subscribe to blog Work Safety Hub The Work Safety Hub blog Prosecutions Subscribe to this category Subscribe to feed 21 posts in this category Construction company fined over accident leg of injured worker amputated Tweet Transfield Services Engineering Group TSEG a global provider of construction services was fined 100 000 and ordered to pay the WorkCover s legal costs after a 45 year old dogman suffered serious injuries resulting into amputation at the Port Kembla export terminal The court found TSEG guilty for not having a safety work process that could have prevented the said accident Tags Construction company accident Construction company accident Port Kembla Port Kembla safety work process safety work process Transfield Services Engineering Group Transfield Services Engineering Group TSEG TSEG Continue reading Posted by Robert O neill Robert O neill Certified OHS Professional GradDip OHSM GradCert OHS Dip Bus QA CPMSIA RSP Aust Robert is the foun User is currently offline on Monday 17 June 2013 Prosecutions Australian freight company fined over forklift accident Tweet Massena a West Australian freight company was involved in a forklift accident causing a leg injury to an employee They pleaded guilty after they failed to provide and maintain a safe

    Original URL path: http://www.worksafetyhub.com.au/blog/categories/listings/prosecutions?start=10 (2014-01-05)
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  • Prosecutions - Page 7 - Work Safety Hub
    and risk assessment templates ready for use at work Templates Talk to a certified OHS specialist about your workplace safety obligations Employer Helpline Courses OHS Courses to keep your skills up to date and meet your legal obligations Short Courses Short sharp and easy way to get analysis insights and expert opinion on key developments Briefings Blog About Us Contact Us Recent Searches Anything in here will be replaced on browsers that support the canvas element OHS Business Subscription Trips Chemical Reps Health Violence Bullying OHS consulting Slips exposure Procedures Hazardous Substance Manual Handling Falls Fixed Fee Support View Audits Inspections Short Courses Videos Automation Employer Subscription Subscribe to blog Work Safety Hub The Work Safety Hub blog Prosecutions Subscribe to this category Subscribe to feed 21 posts in this category A Conveyor Has Just Caused a Fertiliser Owner 160 000 Claim on Injury Tweet Incitec Pivot Ltd and a recruitment agency Skilled Group were fined a total of 160 000 after its factory labourer has his arm trapped in a conveyor Skilled Group was fined 70 000 while Incitec Pivot was convicted and fined 90 000 Both companies pleaded guilty at the Geelong Magistrates Court for failing to implement proper workplace safety Tags Claim on Injury Geelong Magistrates Court Incitec Pivot Skilled Group workplace safety WorkSafe Australia Continue reading Posted by Robert O neill Robert O neill Certified OHS Professional GradDip OHSM GradCert OHS Dip Bus QA CPMSIA RSP Aust Robert is the foun User is currently offline on Monday 13 May 2013 Prosecutions BHP Sentenced Over Mine Fatality Tweet A hefty sum of 430 000 has been charged against BHP Billiton for the death of a mining worker in Port Hedland nearly five years ago The worker was identified as Mr Andrew McLaughlin who passed away on 29

    Original URL path: http://www.worksafetyhub.com.au/blog/categories/listings/prosecutions?start=12 (2014-01-05)
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  • Prosecutions - Page 8 - Work Safety Hub
    E books Tools Fast facts businesses need to know about hazards in the workplace Fact Sheets Learn the tips and tricks to deal with workers compensation reduce your premium and improve productivity Insights Download procedure and risk assessment templates ready for use at work Templates Talk to a certified OHS specialist about your workplace safety obligations Employer Helpline Courses OHS Courses to keep your skills up to date and meet your legal obligations Short Courses Short sharp and easy way to get analysis insights and expert opinion on key developments Briefings Blog About Us Contact Us Recent Searches Anything in here will be replaced on browsers that support the canvas element OHS Business Subscription Trips Chemical Reps Health Violence Bullying OHS consulting Slips exposure Procedures Hazardous Substance Manual Handling Falls Fixed Fee Support View Audits Inspections Short Courses Videos Automation Employer Subscription Subscribe to blog Work Safety Hub The Work Safety Hub blog Prosecutions Subscribe to this category Subscribe to feed 21 posts in this category Injured worker jailed for breathtakingly audacious fraud Tweet WorkSafe Victoria reports An injured worker who fraudulently obtained 112 000 in benefits after falsely claiming to be wheelchair bound and in need of 24 hour care has been jailed for 16 months Tags Prosecution Workers Compensation Continue reading Posted by Robert O neill Robert O neill Certified OHS Professional GradDip OHSM GradCert OHS Dip Bus QA CPMSIA RSP Aust Robert is the foun User is currently offline on Monday 04 February 2013 Prosecutions Boat company fined 275 000 over the death of a worker Tweet WorkSafe Victoria recently reported that a Somerton boat company has been found guilty and fined 275 000 over the death of a worker in December 2011 Tags Prosecution Risk Management safe systems of work Continue reading Posted by Robert O

    Original URL path: http://www.worksafetyhub.com.au/blog/categories/listings/prosecutions?start=14 (2014-01-05)
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