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Welcome to Health and Safety Frequency, where we touch on legal developments in Australian health and safety from the last three months and give you some more personal insights into what we and our clients are up to in the health and safety space.
In this issue we cover:
1. Top Trends in the last quarter
Record penalties
The series of "record" penalties has continued, with:
- the New South Wales District Court imposing a record penalty under the Work Health and Safety Act 2011 (NSW) of $1 million in Safe Work (NSW) v WGA Pty Ltd [2017] NSWDC 92.
- the Queensland Department of Natural Resources and Mines securing the highest penalty ever imposed (and a conviction recorded) for an offence against the Coal Mining Safety and Health Act 1999 (Qld).
Officer accountability
The moves to make officers of organisations responsible for ensuring health and safety also continue. The Transport, Infrastructure and Planning Ministers from the Commonwealth, States and Territories, New Zealand and the Australian Local Government Association have endorsed changes to the Heavy Vehicle National Law that give effect to the policy on executive officer liability, specifically requiring that executive officers take positive steps to ensure their organisation meets its key safety obligations.
2. Safety decisions
Requirement for an entry permit upheld
The requirement of a union official to hold a federal right of entry permit under the Fair Work Act when entering a site as an assistant to a health and safety representative under the Victorian OHS Act has been confirmed by the Full Court of the Federal Court in Australian Building and Construction Commissioner v Powell [2017] FCAFC 89. The harmonised jurisdictions have similar provisions to the Victorian OHS Act, so the decision is likely to have broader implications beyond Victoria. However, the fight might not be over with the CFMEU saying it is considering whether it will appeal the Full Court's decision to the High Court and WorkSafe Victoria saying it is also considering its options in relation to the decision. More details here.
Strict compliance with the letter of the law for ROE notices
A decision which points to strict compliance with right of entry notice requirements was handed down with a finding that union officials not including their middle names on the notice made it invalid. Ramsay & Anor v Menso & Anor [2017] FCCA 1416.
Obstruction of a permit holder
In a further right of entry case, a construction site manager has been fined $1,000 (from a maximum penalty of $10,800) for obstructing an entry permit holder. The penalty was imposed notwithstanding the Notice of Entry was not particularised and "obvious difficulties with" the CFMEU's evidence on the reasons for having a reasonable suspicion there was a contravention of the WHS Act (as is required to have a valid right of entry). Construction, Forestry, Mining and Energy Union v Class 1 Form Pty Ltd & Ors [2017] FCCA 696.
Discrimination prohibition
The prohibition against discrimination in the Victorian OHS Act (which are similar to the provisions in the model WHS legislation) have been interpreted by the Victorian Supreme Court with a finding that where an employer is charged with discriminating against employees for raising a health and safety concern, there is no onus upon the prosecutor to prove that issues were raised by the employee on reasonable grounds. Rather, all that must be proven is that the employee raised the issue or concern about health and safety. DPP v Acme Storage Pty Ltd (a Pseudonym) [2017] VSCA 90 – more details here.
Meaning of duty to other persons clarified
The full South Australian Industrial Court has held the proper meaning of s19(2) of the WHS Act is to protect members of the public from work performed as opposed to being limited to the exact time when work was performed. Boland v Safe is Safe Pty Ltd & Munro [2017] SAIRC 17. The case arose from the certification of an amusement device with the certifier unsuccessfully arguing that the health and safety duty imposed by s 19(2) of the WHS Act only exists whilst work is being carried out by the relevant business or undertaking and that it does not extend to the consequences or product of work, after the work has been carried out or completed.
3. Legislative and other updates
Update to Victorian regulations
Victoria has amended its OHS Regulations and its Equipment Public Safety Regulations. The majority of the amendments commenced on 18 June 2017. These changes are in addition to those proposed by the WorkSafe Legislation Amendment Bill 2017.
Non-conforming building products
Queensland has proposed the introduction of "chain of responsibility" legislation to impose obligations through the supply chain in relation to non-conforming building products. The legislation responds to recent high profile cases where (among other things) asbestos and non-conforming building cladding has entered the Australian market: Building and Construction Legislation (Non-conforming Building Products—Chain of Responsibility and Other Matters) Amendment Bill 2017.
Black lung
The Inquiry into the re-identification of Coal Workers' Pneumoconiosis in Queensland has handed down its final report – "Black Lung, White Lies". The Worker's Compensation and Rehabilitation (Coal Workers' Pneumoconiosis) and Other Legislation Amendment Bill 2017 legislatively implements a number of the recommendations emerging from the Inquiry and aims to strengthen existing protections for workers diagnosed with CWP through the workers compensation system. Notably, the Bill introduces a new medical examination process for former coal workers who suspect they have a coal mine dust disease and an additional lump sum compensation entitlement for workers with pneumoconiosis.
Industrial manslaughter offences
Queensland announced that it will seek to introduce the new offence of "negligence causing death" following an interim recommendation from the Best Practice Review of Workplace Health and Safety. A similar proposal has been made in Western Australia with the introduction of a Private Members Bill to amend the Criminal Code to introduce the offence of industrial manslaughter. The proposed new laws in Queensland include a proposal to target the building industry in particular. What is suggested is that Qld Building and Construction Commission licensees will have a positive duty to notify the QBCC in the event not only of a death or serious injury on a building site, but 'about activity on site that could be a work health and safety issue'. The threat is that the QBCC licence can be suspended or cancelled.
National safety laws
A reminder that changes to the National Rail Safety Laws commence on 1 July 2017 – with the most significant reform being the commencement of additional fatigue management requirements in Queensland.
4. A spotlight on psychological health developments
RUOK and icare launched a world first study into psychological safety in the workplace. Key findings of the report include:
- Frontline lower income-earning staff feel less safe and permitted to take risks at work than higher income-earning employees.
- 38 per cent of men strongly agreed or agreed that it was safe to take risks at work, which was significantly higher than the 29 per cent of women who strongly agreed or agreed.
- Younger workers found it significantly more difficult to ask for help at work than their older colleagues.
- Respondents aged 25-34 were the most concerned about mistakes being held against them, and respondents aged 45 and over were significantly less concerned.
The UN Human Rights Council released a Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. The report reaches a number of conclusions including that "the urgent need for a shift in approach [to mental health] should prioritize policy innovation at the population level, targeting social determinants and abandon the predominant medical model that seeks to cure individuals by targeting 'disorders'".
The results of a three year study conducted by the Mental Health Commission of Canada (MHCC) on the implementation of the National Standard of Canada for Psychological Health and Safety in the Workplace (Standard) have been published. The findings identify key practices, barriers and facilitators to implementation for improving workplace psychological health. The top three actions undertaken by the organisations studied were:
- implementing respectful workplace policies and educating employees;
- providing employee assistance programs and other services addressing mental health; and
- enhancing mental health knowledge and awareness among employees.
5. Three questions with Alastair Milne
Each quarter we interview someone within Herbert Smith Freehills, one of our clients, the regulator or an expert about their views on health and safety. This month we ask Alastair Milne, most recently Regional Operational Excellence Manager – Asia Pacific & Caspian at Nalco Champion, an Ecolab company about his health and safety journey.
Q1 Why health and safety?
There are many answers to this question. The key ones are:
- The noble purpose of helping people protect themselves and others.
- The value of doing the right thing.
- The challenge of listening to your conscience, being compelled to speak up and take action.
The mission is universal, nobody wants to get hurt, our colleagues, families, friends, neighbours, society in general (Homer Simpson, Inspector Clouseau, Wiley Coyote aside). This gives opportunity everywhere, every day to show we care. I hear my children in the street with their friends, calling out for cars because they care. I've had (and been on the receiving end) of tricky driving conversations with my wife, because we both care.
Safety is universal. As safety professionals, we have candid conversations with leaders, because we care.
The potential to influence in a positive manner by changing our focus from what we can't to what we can do. There's more in our sphere of control than we realise, and switching from a lagging to leading indicators focus is a great life lesson.
Q2 What do you see as the biggest current challenge to health and safety?
Turning lessons shared into lessons truly learned. Groupthink can be dangerous when reviewing lessons, resulting in a disproportionate focus on safety trivia, distracting us from the key risks and critical controls. Safety issues and actions which are trivial, general and unspecific are easy for us as individuals to hide from and dodge commitment. There's a great opportunity to challenge us all to demonstrate a personal commitment and follow through.
Q3 If you could change one thing about the way health and safety is perceived or practiced, what would it be?
When its perceived health and safety professionals are policeman it only harms our reputation and does not deliver sustainable culture change. When we partner (and hence collaborate with) the business and those at risk, we are much more likely to produce good safety outcomes and sustainable culture change.
To view a full list of Workplace Health and Safety Latest Thinking click here.
Please contact our Safety Team in Australia if you require further information:


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Mud Run 101
Frequently asked questions;
- What is the Manitoba MudRun?
- Manitoba MudRun is a fundraiser for the Dauphin Rotary Club. It is a 10km trail run with 20+ obstacles thrown in for some extra fun and challenge. It's a chance to get dirty and raise money for some worthy non-profit groups.
- Is Manitoba MudRun a race?
- No it is not a race. The goal is that every participant finishes the course. It's a personal challenge, you vs the course. We do not keep track of times.
- Is there an age requirement?
- You must be at 12 years old by the event date . Participants under the age of 18 must have a signed parental consent. All participants will be required to sign a consent waiver.
- How fit do I have to be?
- It would be helpful to train for, as the course is going to take approximately 1 1/2hr to 3 hours to complete. It is a full body workout.
- Do I have to do all the obstacles?
- We would encourage everyone to try all the obstacles, but if you have an existing medical condition that prevents you from doing an obstacle then obviously we don't want you to risk your health by attempting that obstacle. The whole goal of the Manitoba MudRun is for people to have fun and get some exercise.
- Are spectators allowed and do they have to pay an admittance fee?
- Spectators are welcome. There will be a spectator route which will allow them to watch parts of the run. Entry fee is $10 with kids under 12 free.
- Can I sign up a team?
- You sign up individually. To create a team, one member names the team and becomes team leader. There is no limit to the number of team members. Once you are registered you can join a team right up until registration closes. All team members will have the same start time.
- Do I need to be on a team?
- No, you can participate as an individual but we recommend you join a team so you can help each other through the obstacles.
- Can we wear costumes?
- Costumes are not a necessity but they sure are fun so we encourage you to dress up.
- Are there discounts for teams?
- No discounts.
- Are refunds available if I am unable to attend?
- Sorry we do not issue refunds or allow transfers regardless of the circumstance.
Vanguard - Catalyst Credit Union Manitoba Mudrun
304 Main St
Dauphin, MB

subset: commoncrawl


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Rachael P - Clinical Negligence Paralegal
Name: Rachael P
Joined the company: November 2011
Starting position: FRT Assistant
Current position: Clincal Negligence Paralegal
What support have you received to help you develop through the company?
I started working for 2020 Legal in November 2011 and it was clear from the beginning I would be supported in any way possible to progress my career. I gained experience and confidence whilst in FRT. My time there helped me to understand every aspect of a case and how important our first impressions are. Whilst in FRT I was given the opportunity to use my skills and knowledge from my law degree and LPC to work with both the case authorisation and the case review teams. In April 2015 I made the move from FRT to the Clinical Negligence department as a Legal Assistant. I worked hard and was rewarded with the opportunity to complete a development plan to become a Paralegal. This meant I undertook my Legal Assistant duties but also took on paralegal responsibilities under supervision. I have been fully supported by my manager and my team to develop my skills and gain confidence in the work I produce, and in January 2016 I was promoted to a full time Paralegal.
Our Clinical Negligence team has expanded a lot over the past year but I still feel I have the same level of support as I did when I first joined the team. The managers are always looking for a way to develop the team with training and we have regular one to one sessions to review progress and discuss any concerns so you do not feel overlooked as an individual and always feel valued. It is good to have feedback as it keeps the standards high and ensures I will be able to carry this standard with me throughout my career. I have also received a lot of support and active encouragement in relation to my preparation for applying for my Training Contract which has been very much appreciated to assist me with progressing onto the next stage of my career.
Career aspirations:
To become a qualified Clinical Negligence Solicitor.
What do you like most about working for 2020 Legal?
I feel supported in the journey to progress my career and do not feel there are limitations placed on me. I know this is not the case for all firms and have had bad experiences in the past so 2020 Legal has really helped me.


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By now, you may have picked where you will blog, what your blog looks like and maybe even the name of your blog. It's time for your first post. What will you write?
Sure, a pregnancy blog will be about your pregnancy, but what about it, exactly, will you say? Will you journal your pregnancy by discussing the emotional and physical changes you're going through? Or will your blog be more of a timeline, where you write about your daily life during pregnancy (don't forget to take those belly photos!)? Maybe it's simply a photo journal with brief captions, or maybe it will consist of lengthy letters to your unborn baby about your anticipation of becoming a mom.
Whether it's your first or fifth time in maternity pants (don't forget to take a photo of that, too), journaling your pregnancy is a once in a lifetime experience. Keep up with your posts and in no time at all, you'll find you're writing about your baby's first smile.
Related HowStuffWorks Articles


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Finding the right interior designer
The easiest way to find the right interior designer is to look at examples of the work they have undertaken. An interior designer should be able to show you examples of their work either in a showroom or in pictures of previous projects. You'll find reputable interior designers on Which? Trusted Traders – look at the drawings and photographs they have uploaded to their profile, in conjunction with the business description and reviews.
Check whether the the interior designer has carried out similar work? Do they have a signature style or can they adapt to the preferences of different clients? Check references and testimonials from other clients - they may be willing to let you visit their properties to see the work the designer has done.
The British Institute of Interior Design is a well-respected trade organisation with rigorous entry requirements which assess training, experience and professionalism. All members of the British Institute of Interior Design have professional indemnity insurance – make sure any interior designer you hire does too.
Getting quotes for interior design work
When you call, it's good to have a rough idea of the work you would like to commission, but don't expect an immediate quote. Good interior designers will visit you at your home to talk some more about your requirements and to look at the property. Prepare for the visit by gathering examples of schemes or items you like. Think about how the space will be used. You could also think about whether you want to fix a budget.
Always get at least three quotes when hiring tradespeople of any kind. Ask for a 'quote' rather than an 'estimate' – our guide to avoiding cowboy traders explains the difference.
Getting along with the interior designer is important because you'll need to work closely with them throughout the project. When comparing quotes, remember that he cheapest interior designer might not be the best. Can you trust them to interpret your ideas into a scheme that's both functional and attractive?
You'll also need to think about whether to hire a business or in independent freelancer. An individual is more likely to be flexible with their working hours, but an interior design company might have several designers with different specialties and better connections to suppliers and subcontractors.
Paying interior designers
It's unusual for interior designers to work by the hour for large jobs. Ordinarily, they will give you a price in advance. You could reasonably be asked to pay an instalment when the work begins, especially if the job involves buying lots of materials or subcontracting the likes of building, fitting or decorating work.
If you are engaging an interior designer only to source furniture or bespoke items like fitted blinds or curtains, then they might just add a fee on top of the purchasing costs.
Accepting interior design work
Nothing should come as a surprise when the interior design work is complete, as the designer should have involved you in all key decisions, agreed a price in advance and kept you informed about any changes to the plans.
If anything does not meet your expectations, take it up with the designer before paying the final instalment. Interior designers thrive on word-of-mouth and online recommendations and consequently should strive to please their customers.
- Find an interior designer on Which? Trusted Traders
- Check our guide on how to work with your trader
- Read our top 5 resolutions for your home


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Trojancast Miranda Reinforced Double Ended Bath 1800 x 750
Trojan Miranda Reinforced Double Ended Bath 1800 x 750
Please note - This item does not include bath panels, bath taps or a bath waste (please see essential extras).
All of our baths are supplied without tap holes, they are normally drilled by the installer to suit your individual needs.
Need some extra leg room for a very tall member of your family, or maybe even yourself? Then it's certainly worth taking a look at our Trojan Miranda Reinforced Double Ended Bath 1800 x 750. That's because its length of 1800mm, and generous 750mm width puts this item firmly in the larger baths category here at Bathroom Supastore.
Other benefits of the Trojan Miranda Reinforced bath - apart from the fact that it is large enough to comfortably bathe three school age kids in at once - is its insulted coating. Applied to the underside of the product, this ensures that any water in the bath remains warmer for longer than it would in a standard version. It also means you're not constantly having to 'top up.' And continuing on the theme of water, the bath can take up to 230 litres at the one time, ensuring an indulging whole body immersing soak is guaranteed every time.
The Trojan Miranda Reinforced Double Ended Bath 1800 x 750 is produced by British company Trojan Plastics – one of the leading manufacturers of quality acrylic baths in Europe. All of their reinforced baths come with a 30 year guarantee on both materials and craftsmanship.
|30 year guarantee covering all manufacturing defects.
|Water capacity approx 230 litres estimated up to the overflow.
|Made in the UK from 100% sanitary grade cast acrylic with an intensive fibre glass polyester reinforcement.
|Supplied with adjustable legs and fitting pack.
|Double ended bath - the waste and taps are fitted in the centre of the bath, this means that both ends are identical allowing you to face either way.
|Additional Info
|Trojan baths are manufactured & tested to meet and exceed the European & British Standard EN198/BS4305.
Delivery Options
Enter your address in the form below to get a shipping estimate for this product and any other products you have in your cart
Product is not eligible for finance by itself. If you are purchasing multiple items you may be able to qualify for finance at checkout.
Express delivery available Subject to stock availability
Finance options available Minumum spend of £500


text: Long story short, my tank was in the garage after my move in early 2011. The contractor did some work in the garage when he was not supposed to. 90% of coral died due to some sort of a chemical contamination. :-(( I had made several attempts to get back into the hobby, but I just did not have any motivation nor did I have a good location for the tank. When I moved into my house 7 years ago, it had two garages. One attached in the front of the house, and the second was a detached garage in the backyard. This garage was over 900 sqft. It took 40% of my back yard. The prior owner used it as a mechanics shop. For some, this is a dream structure. However, for me, it was a nightmare as I love to garden and play with my kids in the backyard. So a few months ago, my wife and I decided to remodel the rear garage by shrinking it and using the remaining structure as a gym, indoor play area for the kids. That's when I said, "Oh... the new aquarium would look great here!!" :-D Well, that's when I went to Robert (Neptune Aquatics) and ordered my the tank. Initially I wanted an 84L X 24 H X 30 D tank. However, I did not want to spend too much on the tank, but more on the corals. So I finally decided to go with a 72L X 26 H X 30 D from Crystal Dynamics. It will be three sided starphire tank. Currently expecting to get the tank in the next week or two. This gives me/the contractor more time to finish up the remodel of the garage. Back to the garage, lots of work is still being done. Had to add 3+ inches of concrete in some areas as the garage floor was too sloped. Demo and then framing was done in early December which was followed by the windows and doors installations. Two weekends ago, the electrical was finalized and the drywall went in right after. This weekend, the tapping and the plaster is being applied. Hoping by this weekend I can prime and then paint early next week. As for equipment, I got lucky and scored a few items from other reefers. Also, took advantage and bought some during the black Friday sales. Pictures and more updates to come later this week.


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On Friday I went to a talk by Dr. Oktay Dumankaya, an archaeologist concentrating on ancient harbours, a branch of the study that doesn't get much attention. Underwater archaeology tends to publicise sensational finds of wrecks and their contents without telling us where these ships moored and how they were watered and provisioned. Dr Dumankaysa's research focuses mostly on breakwaters, the remains of which tell us how land and sea levels have changed over the centuries, which harbours had chained entrances and whether the harbours were busy in Classical, Hellenistic, Roman, Byzantine or all four periods. It is accepted that an ancient 'wave breaker' as breakwaters are called in Turkish, was at least 2 meters high as they acted as a continuation of the city walls to protect harbours from intruders; remains of the Gümüşlük breakwater are still visible (above). Imagine a 2 meter wall rising from the sea between the plant and the island in the picture below and as dusk fell a chain would be raised at the harbour entrance to the right, making the port of Gümüşlük (Myndos) completely secure.
The breakwater on Çavuş Island, opposite Gümüşlük, is now 12 meters below sea level which suggests a sea level change of 14 meters over the centuries. Historical sources tell us that there were 500 earthquakes between 500BC and 500AD which explains why some harbours have sunk and some haven't. Many ancient breakwaters have been lost for mundane reasons. Skippers using a sustantial stone to tie up their yachts may have not realised that they were gradually tugging a 2000 year old relic into the sea. Dr Dumankaya has witnessed ancient submerged quaysides being dug up by hotel staff to save their customers toes or to embellish a garden wall and until all these harbours are given protected status, there is nothing to stop this happening.


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To launch apps on Android Wear right now, you have to scroll to the bottom of the options list to see your installed mini-apps or use voice controls which don't always work. Android Wear Mini Launcher is a new app created for wearables that gives easier access to locally installed apps on your smartwatch. The app is available for free download from the Google Play Store.
To use the app you have to install it on your smartphone first, while the smartwatch is still connected. Then you have to open the app on your smartwatch to be able to launch the app grid for the first time. Swiping right to the top left side of your smartwatch will open the app drawer where you will be able to see all the apps that are installed in your wearable.
Android Wear Mini Launcher app is still in its early stages, and will be getting a lot of updates for bug fixes and installation issues.. The app works with LG G Watch and Samsung Gear Live and will be compatible with the upcoming Moto 360.
The Samsung Galaxy Gear Live and the LG G watch were recently launched at the Google Play store in India for Rs 15,900 and Rs 14,900 respectively. Both the devices running Android Wear operating system, were introduced at the Google I/O conference and have similar specifications. Both the devices have a 1.2GHz Qualcomm Snapdragon 400 dual-core processor, coupled with 512MB of RAM, 4GB internal memory and supports Bluetooth 4.0 wireless connectivity. The LG G Watch features a 1.65-inch IPS LCD screen and a 400mAh battery, while the Samsung Gear Live has a 1.63-inch screen along with a smaller 300mAh battery.
Android Mini Launcher app is available for free download on Google Play store.
Other Popular Deals
- Samsung A7 2016 Edition GoldenRs. 18990 *Buy Now
- OnePlus 6 (Mirror Black, 6GB...Rs. 34999Buy Now
- Redmi Y2 (Gold, 3GB RAM, 32GB...Rs. 9099Buy Now


text: Direct Mail Get to the Point! By John Malmo • Feb 4, 2015 Paul Fleet / fotolia.com Don't spend money on direct-mail advertising unless there is a real deal that you're offering! Listen Listening... / 1:43 The Threat of More Information By John Malmo • Dec 21, 2011 David Gilder / fotolia.com Who ever thought he'd live to say, "Pity the poor bank." But, goodness, everybody's after banks today. The president. Congress. Wall Street. Even the Wall Street Journal. Banks are today's whipping boy. Well I know a lot of bankers who are good guys, but, lordy, it's hard to like a bank. It's stuff like this. One day recently comes this letter from Chase Bank. I guess because one of my credit cards is a Chase Bank card. Right off the bat, the letter asks me to respond to update my preference for receiving offers by mail from Chase.


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Change is a constant for startups, so entrepreneurs should embrace these transitions as a natural part of their startup's growth path. However, they should be careful to balance these requirements for growth with an equal sensitivity for the startup's traditional way of doing things. The startup's authentic culture which has made it a fun place to work for the team behind the startup's success should remain intact.
If founding team members traditionally take long walks to reflect and debate before finalizing important decisions, they should share this unique approach to decision making with their direct reports once they are executives in the larger organization. If they usually take time off early in the evening to have dinner with their family or exercise before returning to work, they should give this same option to their future employees. If they need to replace early team members who were crucial to the startup's initial successes but no longer fit the pieces of the puzzle because their role can be automated or they work better in small team settings, they should fairly reward these employees through accelerated vesting of their stock options. If they would gather at the local pub on Friday nights, they should extend the same invitation to their new employees.
These are just a few examples of how entrepreneurs can preserve the traditional culture of their startup while taking the at times painful decisions which are necessary to grow. Just as individuals benefit from staying grounded, growing startups benefit from preserving the distinct characteristics which have made them a great place to work for the founders. When transferred to new employees, the authenticity which contributed to the success of the founding team can also facilitate the success of the new larger organization.