This bulletin provides information about legislation that is upcoming and under review.  It also offers information on draft publications, campaigns being run by authorities and a selection of recent fines and prosecutions. 

This bulletin has been collated by Environment Essentials from selected Australian and New Zealand government and other websites. The bulletin is published every two months.  Exclusions.

Legislation - Upcoming

TAS – Licensing - Uniform laws to start for electrical, plumbing and gasfitting licensing
The Occupational Licensing Act 2005 will come into operation on 1 July 2007. It provides a uniform licensing framework for the electrical, plumbing, and gasfitting trades.  More.

VIC - Workplaces - New OHS Regs commence on 1 July 2007
The Occupational Health and Safety Regulations 2007 commence on 1 July 2007. They combine, in one regulation, 13 regulations that were previously separate. If you complied with the previous regulations, you will be compliant on 1 July. The 2007 regulations contain some new obligations, but these do not take effect until a later date. Transitional provisions will apply for these obligations. We are in the process of updating SafetyLaw summaries and references to reflect the new regulations. We expect this to be complete by the end of August.

VIC – Radiation - New Radiation Act to take effect in September
The Victorian Radiation Act 2005 comes into force on 1 September 2007. It regulates practices that involve radiation sources including industrial, mining, research and medical sectors. Regulations are being drafted and a regulatory impact statement will be published. The Department of Human Services will notify all licence holders when they are available for comment. More.

VIC – Gas - Gas Safety (Gas Quality) Regulations 2007 proposed; RIS published
The proposed Gas Safety (Gas Quality) Regulations 2007 will replace the current regulations, which are due to sunset in 2009. The regulations set minimum safety standards for the quality of gas and the testing of natural gas conveyed in transmission pipelines. There are limited amendments. View Regulatory Impact Statement.

WA – Licensing - New licensing system for high risk work, including forklifts
A new licensing scheme for high risk work will start on 1 October 2007. It is based on the National Licensing Standard. Certificates of Competency will be replaced with a licence that will be renewable every five years. Licences will be required for all high risk work, including forklifts, scaffolding, dogging, rigging, cranes, hoists and pressure equipment. They will be valid throughout Australia. More.

Legislation - Upcoming (from previous bulletins)

Previous bulletin items - Legislation - Upcoming

Legislation - Under review

Australia – Mining - Comments sought on National Mine Safety Framework - Open for comment until 20 Jul 2007
A National Mine Safety Framework is being developed, with a view to improving consistency in mine health and safety regulations across Australia. Comments on the first three strategies are being sought. Submissions close 20 July 2007. More.

Legislation - Under review (from previous bulletins)

Previous bulletin items - Legislation - Under review

Publications - Drafts

Australia – Chemicals - Submissions on national chemicals framework published
The ASCC has published submissions it received in relation to the draft National Standard and Codes of Practice for the Control of Workplace Chemicals. View submissions.

Australia – Chemicals - Call for comment on phthalates hazard assessments – Open for comment until 1 Aug 2007
NICNAS is seeking comments on 25 draft phthalate hazard assessments and a draft Phthalate Hazard Compendium. The compendium includes hazard profiles and a comparative analysis of key toxicity endpoints for the 25 phthalates used in Australia. Comments close 1 August 2007. More.

Australia – Construction - Construction Voluntary Code of Practice drafted – Closed for comment
A draft Safer Construction Voluntary Code of Practice has been developed to help combat the high death and injury rates on Australian building sites. Its development followed a detailed review of Australian and international best practices. The Code is part of the Safer Construction Project, which is being coordinated and funded by the Cooperative Research Centre (CRC) for Construction Innovation at Queensland University of Technology. Comments closed on 22 June. View draft.

Australia – Construction - Comments on draft construction code published
The Australian Safety and Compensation Council (ASCC) has published some of the comments it received on the Draft National Code of Practice for the Safe Handling of Tilt-up Wall Panels and Concrete Elements in Building Construction. The code aims to guide people doing this work and to help employers prevent injuries and deaths. Nine of the 16 submitters agreed for their submissions to be published. The draft code will be revised, considering the comments received, and a final version is expected to be published by the end of the year. More.

News

Campaigns

NZ – Construction – Inspectors to visit Tauranga sites
Health & Safety Inspectors will visit residential construction sites in Tauranga in July. The inspections aim to raise awareness of OHS issues. More.

Fines and prosecutions

Australia – Employer fined $200,000 for death of employee from heat stress
The Federal Court has fined the Australian Defence Force (ADF) nearly $200,000 plus costs over a soldier’s death in extreme heat. The 25 year old died from acute heat stress during a training exercise in the Northern Territory in 2004. The court found that the ADF, as the employer, breached the Occupational Health and Safety (Commonwealth Employment) Act 1991. More.

NSW – Steel company fined $160,000 after gas leak
A NSW steel company has been fined $160,000 after workers were overcome by blast furnace gas in 2004. More: Go to page 19 here.

NSW – Two contractors fined nearly $170,000 after trench collapse
Two contractors were fined nearly $170,000 after a worker was seriously injured when a trench collapsed in 2004.  The judge deemed that the companies failed to have an experienced supervisor present. More: Go to page 19 here.

NSW – Companies fined $125,000 each after death of contractor
Two companies have each been fined $125,000 following the death of a worker at a mine site. The company contracted to do the work was fined for failing to ensure employees used a safe system of work. The mine operator was fined for failing to ensure that non-employees used a safe system of work. Although contractor’s employees were inducted, not all of their safe working procedures were assessed. More: Go to page 6 here.

SA - Worker injured by 12 year old forklift driver; employer fined
A developer was fined $22,400 after a heavy steel trestle that was knocked by a forklift hit an employee. The court was told that the forklift was driven by the employer’s 12 year old son. More.

SA - Farmer fined $22,000 after worker loses hand from explosives
A farmer has been fined over a lack of explosives safety systems after an employee suffered serious injuries, including the loss of a hand. More.

SA – Crane company fined $32,000 after crane collapse
A crane company was fined $32,000 after a truck-mounted crane fell into a neighbouring property, narrowly missing an elderly resident. The company was found guilty of failing to avoid adversely affecting the health or safety of another person through an act or omission at work. More.

VIC - $200,000 fine following death of scuba diver
A scuba diving company was convicted and fined $200,000 over the death of a client. The judge deemed that there had been ‘gross breaches’ of the company’s own safety procedures, that it did not follow the requirements of the relevant Australian Standard, and that staff were inadequately instructed, trained and supervised. More.

VIC – WorkSafe to appeal inadequate fine
WorkSafe will appeal against a $200,000 fine imposed over the death of a forklift driver. WorkSafe deems that the fine is inadequate, given that the Act provides for fines of more than $900,000. It is the first prosecution under the Occupational Health and Safety Act 2004 for a worker’s death. The court was told there had been a series of safety breaches by the company. More.

VIC – First enforceable undertaking made under OHS Act 2004
A plumbing company has given an OHS lecture to 36 apprentice plumbers at a TAFE, instead of being prosecuted. It is the first Enforceable Undertaking under Victoria’s new OHS laws. Enforceable Undertakings are legally binding agreements between WorkSafe and a duty holder, made possible under the Occupational Health and Safety Act 2004. More.

VIC - Company ordered to pay $50,000 to community project
A company has been ordered to pay $50,000 to a fundraising project, in Victoria’s first ‘alternate’ financial penalty under the Occupational Health and Safety Act 2004. The money will be used for a Colac palliative respite care centre. More.

VIC – Illegal landfill costs man $56,000
A person who operated an illegal landfill has been convicted and fined $45,000 plus costs of $11,000. Asbestos was found amongst the waste, which was mainly building and demolition materials. More.

WA - Earthmoving machinery company fined $75,000 over death
An earthmoving machinery business has been fined $75,000 after a worker was crushed to death by an excavator bucket in 2004. WorkSafe said that the case highlighted the need to have safe work practices in place and to ensure that staff were properly trained and supervised. More.

WA – Recycling company fined $25,000 after severe injury from unguarded machine
A recycling company has been fined $25,000 after a man’s arm was caught in an unguarded machine. The man lost around 40% of the use of his right arm below the elbow. More.

WA - $18,000 fine for driver fatigue offences
A Geraldton bakery has been fined $18,000 for failing to comply with driver fatigue laws. The company had previously been issued with six notices in relation to fatigue management issues. More.

WA - Farmer fined $4,000 for inadequate guarding and injury reporting
A WA farmer has been fined $4,000 for failing to adequately guard machinery and failing to report an injury to WorkSafe. An employee suffered the amputation and part amputation of several fingers from a grain cleaner. More.

WA - Patisserie fined for not complying with WorkSafe notices
A Joondalup patisserie company has been fined $2,000 for failing to comply with WorkSafe notices and display them in a prominent place. More.

NZ – Processing company loses $23,000 over severely injured employee
A Nelson-based fruit processing company has been fined $12,500 and ordered to pay $10,366 reparation to the victim after an employee suffered multiple fractures and other injuries. The fruit grader-and-packer’s hand was caught in a conveyor’s rollers. More.

Other news

Australia – Workplaces - ASCC releases fatalities report
The ASCC has published the Annual Notified Fatalities Report for July 2005–June 2006.  During this period, there were 157 notified work-related fatalities, which involved 148 workers and nine bystanders.  A summary:

• Most fatalities were of men (149 of 157 deaths)
• People 55 years or older were over-represented, comprising 14% of the workforce but 26% of deaths
• Almost two thirds of notified work-related deaths occurred in four industries: agriculture, forestry and fishing (22%); construction (17%); manufacturing (13%); and transport and storage (12%)
• the most common causes of deaths were falls from height (27 people), being hit by a moving object (24), vehicle crashes (21), being hit by a falling object (20) and electrocution (17). View report.

Australia – Workplaces - Research on drug and alcohol use published
The ASCC has published research on the impact of drug and alcohol use on OHS. View report.

Australia - Construction - Federal Safety Commissioner highlights best practice case studies
The Office of the Federal Safety Commissioner has released three more case studies detailing initiatives used by construction employers to address OHS issues. They include a site safety plan, fall protection in formwork construction and encouraging a safety culture. View case studies.

Australia – Chemicals - ADG Code may be included in SafetyLaw
Environment Essentials is finalising arrangements with the Commonwealth Department of Transport and Regional Services to include obligations in the Australian Dangerous Goods Code (ADG Code) in SafetyLaw. These obligations relate to transporting dangerous goods by road and rail. If this would be of interest to you, please send an expression of interest to admin@enviroessentials.com.au.

Australia – Chemicals – Hazardous Substances Information System upgraded
The ASCC's Hazardous Substances Information System (HSIS) has been upgraded.  There are a number of new features, including:

• Improved search facilities
• Easier access to explanation of abbreviations and notes
• Access to pdf documents that contain all hazardous substance records
• Updated guidance material.

Feedback on the revised HSIS is invited. More.

Australia – Manual handling – National Standard and Code of Practice declaration delayed
The ASCC has delayed declaration of the National Standard for Manual Tasks and the National Code of Practice for the Prevention of Musculoskeletal Disorders from Performing Manual Tasks at Work until after 22 August 2007. More.

Australia – Transport - Drive fatigue DVD produced
VicRoads has produced a DVD to help drivers manage fatigue, using rest breaks. It also has information to help vehicle operators and drivers comply with legal driving hours and working times. View Napping to Manage Fatigue (low speed internet). View Napping to Manage Fatigue (high speed internet). View other fatigue management resources.

NSW – Workplaces - Rebate available for small businesses to improve safety
WorkCover NSW is offering dollar-for-dollar rebates, up to $500, for small businesses that install safety equipment or make safety modifications to their workplace. More.

NSW – Workplaces - More Business Advisory Officers available to help companies with OHS issues
WorkCover NSW has appointed six new Business Advisory Officers to give one-on-one advice to small and medium businesses and run OHS and workers compensation workshops. They will be located at Port Macquarie, Ballina, Newcastle, Albury, Dubbo & Narrabri. More. View factsheet.

NSW – Coal mining – Exemption from Clause 206 announced
The Chief Inspector of Coal Mines has exempted all coal mine operators from complying with Clause 206 of the Coal Mine Health and Safety Regulation until 1 August 2007. More.

QLD – Construction – Tunnelling Code of Practice published
Workplace Health and Safety has published a new code of practice that gives practical advice about managing risks associated with underground tunnelling work. It applies to the construction of underground tunnels, shafts, passageways and cut-and-cover excavations. More.

SA – Workplaces – OHS&W small grant applications invited - Applications close 17 Aug 2007
Applications for SafeWork SA's OHS&W Small Grants can now be made. Projects must address priorities in the OHS&W Research Framework and help reduce work injuries, diseases and fatalities in SA. Up to $50,000 is available for each project. More.

VIC - Common trends in workplace deaths identified
Coronial investigations into industrial fatalities have identified trends and risk factors in 119 deaths since July 2005.  The main themes include:

• Person working alone
• Lack of adequate supervision
• Complacency with common tasks
• Fatigue
• Use of drugs
• Failure to do job safety analysis
• Lack of recognition of risks
• Absence of systems of safe design. More – Read page 1 here.

WA – Safety performance summary of WA mineral industry published
The Department of Consumer and Employment Protection has released a summary poster of safety performance in the WA mineral industry for 2005/06. Download poster.

WA – Mining – Bullying Code of Practice and Guideline released
Resources Safety has released a Code of Practice and Guideline on Preventing and Managing Violence, Aggression and Bullying at Work. The publications help people meet the requirements of the Mines Safety and Inspection Act 1994 and focus on prevention, identification and management.  View Code. View Guideline.

WA - Restaurants and cafes score badly for workplace safety
A WorkSafe inspection program in the restaurant and cafe industry has revealed a generally low level of compliance with OHS laws. The inspection program led to more than six notices being issued, with 14 workplaces receiving more than 10 notices each. More.

Case briefs

View case briefs published in Blake Dawson Waldron's Safety Matters.