Safety – McNally Legal

The offence of industrial manslaughter is coming to NSW

admin — Fri, 22 Mar 2024 06:05:47 +0000

Workplace deaths are avoidable. Every worker should be able to go to work knowing that their workplace is safe and secure so that they can go home safely at the end of the day. The NSW Labor Government has announced that it intends to introduce an offence of industrial manslaughter under the Work Health and Safety Act 2011 in the first half of 2024. This will bring NSW in line with the majority of the other States and Territories where this offence has already been implemented.

The maximum penalty will be higher, probably more than double, that those for a category 1 offence (gross negligence or reckless conduct) which from 1 July 2024 is $2,168,029 fine and/or 10 years imprisonment for an individual and $10,424,983 for a body corporate.

The introduction of the offence of industrial manslaughter will send a clear message to employers that deaths at work are unacceptable.

Intersection of discrimination and workers compensation law

admin — Fri, 22 Mar 2024 05:45:23 +0000

Have you been sexually harassed at work and also have a workers’ compensation claim arising from the same conduct? What happens if you settle your discrimination claim? Do you have to repay the money you have received as part of your workers’ compensation claim? These questions were recently answered in a court case.

The Full Court of the Federal Court of Australia considered these issues in Comcare v Friend [2024] FCAFC 4. The short facts were that Ms Friend was receiving workers’ compensation benefits arising from being exposed to harassment and bullying from her supervisor. She subsequently lodged a complaint with the Australian Human Rights Commission that she had been sexually harassed at work. She settled that complaint by way of a deed of release. The insurer then sought to recover the workers’ compensation payments from Ms Friend.

The Court, in determining that Ms Friend was entitled to keep her workers’ compensation payments, carefully considered the terms of the deed of release and whether there was any ‘double-dipping’ i.e. receiving compensation twice for the same wrong done to her. In this case, under the deed of release, the payments were determined by the Court to be for the unlawful discrimination.

The key takeaway point from the decision is that in negotiating a deed of release you should seek the advice of a lawyer to ensure that in settling a discrimination claim you do not affect your workers’ compensation entitlements. McNallys can provide you with such advice.

Engineered stone prohibition to commence 1 July 2024

admin — Sat, 03 Feb 2024 12:24:25 +0000

The use, supply and manufacture of all engineered stone will be prohibited from 1 July 2024.

Engineered stone is defined as an artificial product that:

contains crystalline silica
is created by combining natural stone materials with other chemical constituents such as water, resins, or pigments
undergoes a process to become hardened.

The ban does not apply to other silica related materials such as:

concrete and cement products
bricks, pavers and other similar blocks
porcelain products
ceramic wall and floor tiles
roof tiles
grout, mortar and render
plasterboard.

Why is the ban necessary?

Rates of silicosis and silica-related diseases in Australian workers have risen substantially in recent years, with a disproportionate number of diagnoses in engineered stone workers.
When engineered stone is processed, the dust generated has different physical and chemical properties that likely contribute to more rapid and severe disease.
There is no scientific evidence for a safe threshold of crystalline silica content in engineered stone, or that lower silica content engineered stone is safer to work with.

Reminder that in the lead up to the ban, for tasks where engineered stone is used:

employers continue to have a legal duty to protect workers by managing the health and safety risks from silica dust
workers also continue to have a legal duty to take reasonable care of their own, and others, health and safety at work.

For further information, visit NSW SafeWork silica in engineered stone workplaces page.

Want to see more information please visit ABC News Here.

If you have been affected by Silica related diseases contact our legal team at McNally Jones Staff for a consultation.