Business NSW has welcomed the NSW Government’s decision to freeze workers compensation premiums and thereby provide some financial respite to businesses that are suffering due to the COVID-19 crisis. Employers were increasingly concerned about a proposed 4 per cent increase in workers compensation premiums that would have taken effect from 1 July 2020 and the impact it would have on jobs. “The NSW Government’s decision to freeze workers’ compensation premiums is a victory for common sense,” said Stephen Cartwright, CEO of Business NSW. “It will help to avoid an additional financial burden on businesses at a time when they are struggling to keep afloat.” “Business NSW has been a vocal advocate for reducing the financial burden on business and has strongly opposed any hikes in premiums.” “This welcomed decision will cover 350,000 businesses who employ 3.2 million people and will avoid $325 million in additional costs for businesses across the state.” “A recent Business NSW survey found that one in four businesses would have employed fewer employees or given fewer hours if premiums had been allowed to increase by the proposed 4 per cent.” “The NSW Government’s support for business during the COVID-19 crisis, by freezing and reducing a host of costs on business, has been outstanding.” “We look forward to ongoing discussions with government on what other steps can be taken to ensure that our business communities get through this pandemic intact and that they are ready to go when our lives return to some sort of normality,” said Mr Cartwright.
Legislation affecting workers compensation arrangements in four jurisdictions has been introduced, passed and implemented. ACT: Red Tape Reduction Legislation Amendment Bill 2016 Cth: Parliamentary Entitlements Amendment (Injury Compensation Scheme) Act 2016 NSW: Workers Compensation Amendment (Latest Index Number) Regulation 2016 NSW: Workers Compensation (Weekly Payments Indexation) Amendment Order 2016 Vic: Treasury and Finance Legislation Amendment Bill 2016
A city-based PCBU will employ a WHS coordinator to service regions lacking safety expertise, and develop an app that ensures hired equipment matches proposed jobs, in a record $1.8 million-plus undertaking prompted by a crane fall. Construction company AW Edwards Pty Ltd said it recognised that its sites in regional areas that were presently managed from Sydney would benefit from a dedicated WHS resource after the incident in Taree, NSW. In May 2017, the 50-tonne hydraulic crane tipped over at the Manning Base Hospital carpark redevelopment project, where AW Edwards was principal contractor. The crane came to rest on scaffolding and two rear outriggers, with all four wheels off the ground.
Zenergy Safety, Health & Wellbeing hosted 100 senior executives to a CEO’s Forum where a panel of CEO’s and Executive leaders discussed what safety leadership looks like in their business and why they believed it formed an essential component of their organisational strategy. Panel: Paul Scurrah – CEO, DP World Cathal O’Rourke – Managing Director, Laing O’Rourke Andrew Penca – Managing Director, Cummins Tim Reardon – Secretary, Transport for NSW Mick McCormack – CEO, APA Group Safety is your responsibility Each leader had a different strategy that they were applying through their business, they were all at different stages of their safety journey and all had unique industry / business circumstances that they had to negotiate. Nevertheless it was very clear right from the start that they all genuinely cared for their staff. It was absolute. All peak leaders felt a personal obligation of the safety and wellbeing of their staff rests foremost on their shoulders. There was a personal commitment from all the leaders around this and their actions within the business clearly reinforced this view. A meticulous understanding of your business The second common theme was that they all knew their business intimately. And I mean intimately. They all knew what was actually happening on site and what was the real feedback coming from the front line employees first hand. So often I hear of executives running their business when they very rarely set foot in the area that their business actually operates. ALL our peak leaders were highly active in getting out to the business and genuinely engaged with their workforce. All the leaders agreed that it’s very difficult to guide a business when you are only looking at the reporting statistics as you can never be sure if you are over reacting in one way or another. All leaders had clear expectations for not only themselves but the senior leadership team to get out there and see what happens on site with their own eyes at every opportunity. We have been overwhelmed with the attendance and feedback from the event, with some senior leaders mentioning that it was the best event that they had ever attended. Ultimately our goal is to not only highlight key thought leaders in the industry but to consciously promote and raise skills across a wider platform as we genuinely believe that safety should not be viewed as a competitive advantage. On behalf of Zenergy and the Safety Institute of Australia we would once again like to thank the panel speakers for dedicating their time on Friday morning to share their strategy with us.
The worker was employed by a state utility as powerline worker. Based at Port Pirie, his job involved both office and field-based tasks. He was required to be on a one-in-four week standby roster to attend call-out work outside of normal hours, and was provided with a work vehicle to be housed at his property. On the afternoon of 6 September 2019, he received a text message requesting him to attend a job at Jamestown along with other workers on the standby crew.
Former Sydney Rooster Anthony Minichiello, former Bulldog Andrew Ryan and former coach Matt Elliott are part of the Change Room program, helping severely injured people get back to work. Factory worker Dave Henricks hit rock bottom after he slipped and injured himself four years ago. “I became a recluse and just sat at home, I would have a conversation with my family and would start crying and I didn’t know why,” he said. Dave Hendricks stands inside the Sydney Olympic stadium – ABC News: Chloe Hart “I suffered anxiety and depression, so it really dragged me down a long way.” He’s since quit his factory job to start his own business. “Without having gone through this program I don’t think I would be where I am today,” said Mr Henricks, who has returned to support this year’s group of injured workers.
A former McDonald’s employee who broke her leg climbing onto the restaurant’s roof for a pre-shift smoke has won the right to compensation.
A worker has has failed to establish a sufficient link between a fall from a ladder and a dusty site, while another employee failed to prove a prior compensable injury caused a subsequent slip injury. Dusty site not cause of fall The plaintiff fell from a ladder while working at a building site. He claimed he slipped because of dust on the ladder that should have been cleared from the building site. He sued the head contractor for failing to keep the site sufficiently dust-free. However, both the NSW District Court and the Court of Appeal found the plaintiff had failed to show the connection between the incident and the dust at the site. Glazier seriously injured Mr M, a glazier, was seriously injured when he fell at work at a construction site in Sydney in December 2011. He had been installing the window of an office partition as part of the refurbishment of the fourth floor of the building when he fell. In the NSW District Court there were a series of conflicts in the testimonial and documentary evidence. While the court assessed his damages at $721,611 if negligence was established, it found that Mr M had failed to establish causation, and therefore made no award. Appeal rejected The NSW Court of Appeal dismissed the appeal and found the cause of the accident was not explained: “It was not sufficient for Mr M merely to disprove some other explanation for the accident (such as silicone, or misjudging a step). Building sites are dusty. As it was put during the trial, the site was ‘not a hospital’. Questions of the amount of dust were important if Mr M were to discharge his burden of proving that the quantity of dust on the ladder was causally connected with his accident. “We do not accept Mr M’s submissions based on common sense. Common sense cannot, in a case such as this, discharge the onus borne by Mr M.” … It cannot be said that ‘common knowledge’ provides an answer to the question of whether a person wearing work boots is more likely to slip on the step of a ladder if there is an (unidentified) amount of dust on the step than if there is not. Workers on building sites, including painters patching walls, who constantly have to use dusty ladders in the course of their work, do so without slipping… “For those reasons, we would dismiss the appeal.” Costs Mr M was ordered to pay 80 per cent of the contractor’s costs of the appeal, not 100 per cent, as the defendant had extended the range of argument on appeal. M v Sheldon Commercial Interiors Pty Ltd [2016] NSWCA 77 (15 April 2016) Slip unrelated to compensable foot injury Meanwhile, in a NSW workers compensation matter, a worker failed to prove that a compensable foot injury led to a slip injury. There was inconsistency in the evidence and this told against the worker: “I… note that Mr C said in his statement that his ‘foot suddenly went under me’. Mr C said he did not trip but that his foot bucked under him as his foot was still weak after recently coming off crutches. Mr C does not in his statement refer to feeling a ‘spasm of pain and lost his balance’ as recorded by Dr D.” The court noted that “there also appears to be some inconsistency with the circumstances of how the event occurred as recorded in the reports of the respondent’s independent medical examiners”. Another doctor made a report recording the history of the event as follows: “While recuperating at home he slipped and fell and in attempting to break his fall he reached out with his right upper limb and sustained a full thickness rupture of the right biceps tendon.” C v Smith Bros Trade & Transport Terminal Pty Ltd [2016] NSWWCC 81 (29 March 2016) The bottom line: Although it is perhaps stating the obvious, there must be a change of causation established to successfully pursue a compensation claim. This article was originally posted on Workplace OHS a part of NSW Business Chamber – Australian Business Consulting and Solutions has a dedicated team of WHS/OHS experts who can assist you with your specific WHS/OHS issues and problems.
An employee who waited nearly a month to report a work injury to his employer has been denied compensation. He had been required to provide notice as soon as practicable after the injury occurred. [ Full text of this case: Kelp Industries Pty Ltd v K [2016] TASWRCT 2 (6 January 2016) ] Kelp Industries Pty Ltd disputed liability to compensate Mr K, an operator at its kelp factory, on the basis that he failed to provide formal notice of his lower back injury as soon as practicable after it occurred. Relevantly, the company made an application under s81A of the Workers Rehabilitation and Compensation Act 1988 (Tas) for a ‘reasonably arguable case determination’ by the Workers Rehabilitation and Compensation Tribunal of Tasmania. The application was handled by Commissioner Chandler. It was the company’s evidence that:
By Bonnie Christian An influx of inexperienced mine workers is partly to blame for increased workplace fatalities in the West Australian resources industry, according to a State Government mine safety inspector. The number of workplace deaths at mine sites has gradually increased from none in 2012, to three in 2013 and 2014, and to four so far in 2015. Speaking at a Mine Safety Roadshow event which began in Geraldton yesterday, Department of Mines and Petroleum (DMP) regional inspector Doug Barclay said it was a concerning trend. “We’ve had a number of fatalities from people being caught between moving equipment or having heavy loads fall on them,” he said. “The use of elevating platforms in the workplace is another area of concern with a fatality from an operator who was pinned between an elevating basket of the machine. Read Full Story < Click Here >
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A workplace health and safety regulator has explained what the "safest workplaces" look like, in revealing it finalised more than 100 successful safety prosecutions in 2024.
Two years after the release of the groundbreaking 2022 Everyday Respect Report, Rio Tinto has undertaken a thorough Progress Review to assess its ongoing cultural transformation. As one of the world’s largest mining companies, Rio Tinto has been working to create a safer, more inclusive workplace culture that fosters respect, productivity, and innovation. The 2024 Progress Review highlights significant strides made, ongoing challenges, and areas requiring further attention. The Journey Towards Cultural Transformation Cultural change is a multi-year effort that requires consistent leadership, structural support, and engagement across all levels of an organization. Since launching its Everyday Respect initiative, Rio Tinto has embedded this agenda into its core business strategy, focusing on reducing bullying, sexual harassment, and racism in the workplace. Key Progress Areas: Increased Awareness and Open Conversations: The public release of the original report acted as a catalyst for change, encouraging more employees to speak up and engage in discussions about respect. Stronger Leadership Commitment: Leaders are playing a more proactive role in championing Everyday Respect, with a focus on psychological safety and inclusive leadership. Enhanced Training and Education: Programs such as Everyday Respect Training and Purple Banners have been widely implemented to build awareness and response capabilities. Facility Upgrades and Safety Improvements: Investments in workplace infrastructure have improved the physical environment, making it more inclusive and conducive to employee well-being. Greater Workforce Diversity: There has been a notable increase in gender and cultural diversity across teams, fostering innovation and improved workplace dynamics. Ongoing Challenges and Areas for Improvement Despite progress, resistance to change remains an obstacle, particularly among certain groups. Survey data indicates that while improvements have been perceived in many areas, instances of bullying, sexual harassment, and racism persist. Key focus areas include: Building Stronger Buy-in: Engaging those who are resistant to cultural change, particularly male employees, to foster a collective commitment to Everyday Respect. Enhancing Reporting Mechanisms: Increasing trust in reporting systems to ensure that employees feel safe and supported when raising concerns. Strengthening Frontline Leadership: Providing additional training and tools to equip supervisors and managers with the skills needed to drive culture change at all levels. Maintaining Momentum: Ensuring that Everyday Respect remains a priority in the face of organizational changes and external pressures. Looking Ahead: Staying the Course The findings from the 2024 Progress Review reaffirm Rio Tinto’s commitment to long-term cultural transformation. While meaningful progress has been made, continued efforts are needed to sustain positive momentum and address persistent challenges. As one employee noted: “ Change is definitely happening, and it will get hard at times. We can’t back away ... I’m here at Rio Tinto because I want to see through this change. We need to stay the course. ” With ongoing leadership, engagement, and strategic initiatives, Rio Tinto is on the path to embedding Everyday Respect across all facets of its global operations, ensuring a safer, more inclusive, and more productive workplace for all employees. See full report “ here ”.
Australia's dating apps are getting a safety makeover.
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