environmental ohs legal obligations
   

September 2007


Legislation
Upcoming
Under review

Publications

News
Campaigns
Fines/prosecutions
Other news

Case briefs

 
Archive

 

 

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 - Explosives - Proposal to add explosives to Security Sensitive Dangerous Substances Act
The government proposes to add explosives to the Security Sensitive Dangerous Substances (SSDS) Act as a 'security sensitive dangerous substance' and bring all parts of the industry under the one security framework.  Anyone who uses, stores, transports, manufactures, imports or exports explosives will either require a SSDS Permit or will be a 'responsible worker' under a SSDS Permit.  Information sessions are being held in September. More.

WA – Licensing - New licence for high risk work starts 1 October (detailed in Jul 2007 bulletin)
The National Standard for Persons Performing High Risk Work takes effect on 1 October 2007. It will affect people involved with scaffolding; rigging and dogging; and operating forklifts, cranes, hoists and boilers. More.

Legislation - Upcoming (from previous bulletins)

Previous bulletin items - Legislation - Upcoming

 

Legislation - Under review

NSW – Mining - Public comment sought on Mine Health and Safety RegulationOpen for comment until 21 Sep
The draft Mine Health and Safety Regulation has been published. It details safety measures for risks that are particular to metalliferous, extractive and open mining industries. A Public Comment Package is available. Submissions close Friday 21 September. More.

Legislation - Under review (from previous bulletins)

Previous bulletin items - Legislation - Under review

Top

Publications - Drafts

Australia - Draft Occupational Health and Safety Code of Practice 2007 published - Closed for comment
ComCare has published a draft Occupational Health and Safety Code of Practice. The draft code aims to improve workplace safety in the Commonwealth jurisdiction by ensuring that codes of practice support Commonwealth legislation and comply with Commonwealth regulatory policies. Comments have closed. More.

Australia - Chemicals - Amendments to National List of Exemptions – Closed for comment
The ASCC is proposing to extend Exemption 4 of the National List of Exemptions until 31 December 2010. Comments closed 7 September 2007. More.

Australia – Radiation - Draft radiation Code of Practice and Safety Guides published – Open for comment until 26 Oct
ARPANSA has published a draft Code of Practice in the Medical Applications of Ionising Radiation. When adopted, the code will apply to diagnostic and interventional radiology, nuclear medicine and radiotherapy. Safety Guides have also been released. Comments close 26 October 2007. More.

Australia - Construction - National Code for prevention of falls in housing sector being developed
The Australian Safety and Compensation Council has started developing a national Code for the prevention of falls in the housing construction industry. Employer bodies, unions and state workplace safety authorities are encouraged to make comment during its development. When the draft has been published, public comment will be sought. More.

NSW – Construction – Licensing of high risk work discussion paper published – Open for comments until 30 Sep
WorkCover has published a discussion paper on the NSW implementation of the National Standard for Licensing Persons Performing High Risk Work. The National Standard was declared on 6 April 2006. Submissions close on 30 September 2007. More. View discussion paper.

NZ - Chemicals - CoP for stationary containment systems being developed - Open for comment until 28 Sept
A draft Code of Practice for the Management of Existing Stationary Containment Systems up to 60,000L (HSNOCOP 13-2) has been published. Submissions may be made until 28 September 2007. View information sheet. View draft CoP.

News

Campaigns

QLD – OHS – Campaign on slips, trips and falls underway
Workplace Health and Safety is targeting slips, trips and falls at level until the end of the year. Inspectors will visit 1,700 workplaces across all industries. More.

VIC – WorkSafe targeting Melbourne’s Coburg
WorkSafe inspectors will be inspecting up to 100 Coburg businesses from late August. More.

VIC – Tractor safety campaign underway
WorkSafe will be running a statewide safety campaign on unsafe tractors from August 2007 until April 2008. Tractors without rollover protection, unguarded power take-offs or those needing maintenance will be the focus. The campaign follows seven deaths on farms and hobby farms in 10 months. More.

Fines and prosecutions

ACT - Logging company fined $35,000 over 2004 death
A logging company has been fined $35,000 over the death of an employee in December 2004. More.

NSW – Record $385,000 fine over Waterfall train crash
The NSW State Rail Authority has been fined a record $385,000 for OHS breaches that led to the 2003 Waterfall train derailment in which seven people died. More.

NSW - $155,000 fine for isolated worker assaults
A NSW cleaning company whose employees were assaulted while working alone in public schools has been fined $155,000. Two labour hire firms were also convicted. More.

NSW - $150,000 fine for truck driver death
A transport company has been fined $150,000 for the death of a truck driver at a depot. More.

QLD - $50,000 fine for rugby club over toddler death
A Queensland rugby club has been fined for the death of an 18 month old child. The judge deemed it had failed to ensure the safety of others under the Workplace Health and Safety Act. More.

SA - Company fined $33,000 after worker falls through ceiling
An SA company has been convicted and fined $33,000 after a worker fell approximately 7.5m onto a cement floor through an unguarded opening in a suspended ceiling. More.

SA – $16,000 fine after worker accidentally shoots himself
An apple orchard company near Blanchetown has been convicted and fined $16,000 after an employee shot himself in the hand. More.

VIC - $150,000 fine for bystander death from known faulty brakes
A tree lopping company has been fined $150,000 following the death of a woman hit by a truck with known faulty brakes. The truck driver had told his employer two days previously that the brakes were faulty. More.

VIC – Education Department fined over OHS rep PIN
The Department of Education has been fined $8,000 for not complying with a Provisional Improvement Notice (PIN) issued by a health and safety representative, and an Improvement Notice issued by WorkSafe. More.

VIC – Construction company convicted, fined for burns
A construction company has been convicted and fined $15,000 after the director’s son was seriously burned in an explosion. An arc welder electrode contacted the top of a labelled drum of flammable liquid, causing vapour to explode. More.

WA - $20,000 fine for driver fatigue offences
A Bibra Lake transport company has been fined $20,000 for driver fatigue offences. Drivers were not having the required rest breaks and were not certified as medically fit to drive. More.

WA – Demolition company fined $15,000 for OHS breaches
A demolition company has been fined $15,000 for breaching a number of OHS laws. This included not disconnecting the electricity before demolition work started. More.

WA – Owner builder fined $10,000 over contractor fall
An owner-builder has been fined $10,000 after a worker fell through an unguarded hole on the first floor, suffering permanent disabilities. For more details, click here and go to page 5.

NZ – Incorrect computer programming on lathe kills worker; $100,000 cost to company
A Mairangi Bay engineering company has been fined $25,000 over the death of an employee and ordered to pay the employee’s wife nearly $80,000. Incorrect computer programming of the lathe led to 2kg pieces of metal hitting the person at speeds of up to 260kph. More.

NZ – Record $245,000 for Auckland concrete manufacturer
An Auckland concrete manufacturer has been fined $225,000 and ordered to pay $20,000 reparation after the death of one worker and injury of another. More.

NZ – Feed silo fall costs companies $30,000
The serious injury of a worker who fell from a feed silo has cost an egg farm and feed supply company $30,000. More.

NZ – $30,000 for supermarket carbon monoxide exposure
A supermarket has been fined $25,000 plus $4,000 reparation after workers in a food preparation and cool store area suffered carbon monoxide poisoning from an LPG forklift. More.

Other news

Australia - Construction - ASCC declares national code for construction inductions
The ASCC has declared the National Code of Practice for Induction for Construction Work.  It details the type of induction training construction workers may need so that they understand how to manage common construction hazards. More. View code.

Australia - Construction - Leaders in Safety guide published
The Office of the Federal Safety Commissioner has published a guide to developing senior manager safety behaviours. It includes Australian case studies and information on changing specific attitudes, behaviours and cultures which affect safety behaviour. View guide.

Australia – Chemicals - Canadian chemicals regulations now recognised
Australia has recognised Canadian regulations governing the notification of new industrial chemicals. This means that Canadian assessments can be taken into account when new chemicals are evaluated under Australia’s National Industrial Chemicals Notification and Assessment Scheme (NICNAS). More.

Australia – Chemicals - ADG Code may be included in SafetyLaw (detailed in Jul 2007 bulletin)
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, and you have not already advised us, please send an expression of interest to admin@enviroessentials.com.au.

Australia – Manual handling – National Standard and Code of Practice declared
The ASCC has declared the National Standard for Manual Tasks and the National Code of Practice for the Prevention of Musculoskeletal Disorders from Performing Manual Tasks at Work. More.

NSW - OHS - Fact sheet on managing alcohol and drug misuse published
WorkCover has produced a fact sheet to help small and medium businesses manage misuse of alcohol and drugs in the workplace. The fact sheet uses a preventative approach to manage risks. More.

NSW - OHS - Grants available to implement OHS and Workers Comp initiatives - Applications close 28 Sep
Applications are now open for grants to help workplaces implement initiatives related to the new NSW occupational health and safety and workers compensation legislation. As part of the WorkCover Assist Program 2007, applicants are required to develop their idea or concept into a research proposal with a research partner. Applications close Friday 28 September 2007. More.

NT – OHS - Review of Work Health Act and Mining Management Act published
A review of the Work Health Act and the Mining Management Act has been published. It includes a desktop review of Australian state/territory OHS legislation and regulations to identify current legislative practices. It also includes the findings of stakeholder consultation which was part of the review. View report.

NT – Labour hire - Labour hire firms now need Workers Comp insurance
Changes to the Work Health Regulations mean that all labour hire firms must now obtain workers' compensation insurance for their workers, including those they let out on hire. For more details, click here and view the item second from the bottom.

QLD – Coal mining - New standard for drug testing at coal mines
The Department of Mines and Energy has published a new standard for drug testing at coal mines. It applies where agreement can't be reached on an appropriate regime. View standard.

SA - OHS - Work-life balance strategy in development
SafeWork SA is developing a strategy on work-life balance and aims to involve both the public and private sector. The project is currently reviewing examples of best practice in work-life balance initiatives across a range of industries. More.

TAS - Workplace Standards' website revised
Workplace Standards has revised its website. View website.

TAS - Beaconsfield Mine report released to coroner
The Government report on the April 2005 Beaconsfield mine rockfall that killed one person, and trapped two others, has been given to the Coroner. The special investigator deemed that the rockfall was caused by a mining-induced seismic event. He deemed it would have been less likely if ground support had been in place, but that it was unlikely the rockfall could have been completely prevented. More.

VIC - OHS - Review of administration of OHS Act 2004 underway - Open for comment until 28 Sep
The Victorian Government is conducting a review of the administration of the Occupational Health and Safety Act 2004, to determine if there have been any unintended consequences or practical problems with the Act's new and changed policies. The review will also consider opportunities to improve administrative arrangements that were established to support the policies. Submissions are invited. Comments close 28 September 2007. More.

VIC - Chemicals - Dangerous goods placarding calculator published
WorkSafe has developed an on-line calculator to help determine the dangerous goods placards you may need for your premises. It determines whether an outer Hazchem placard is required and the types of placards that may be needed for each storage area. More.

VIC – Horse racing - $500,000 funding for safer horse racing
WorkSafe will spend $500,000 over two years to improve safety in Victoria’s thoroughbred horse racing stables. Two health and safety officers will work with thoroughbred training stables to address common hazards. More.

VIC – Forestry - New industry standard for forestry
WorkSafe Victoria has released a new Industry Standard for forestry operations. It establishes minimum OHS standards for forest industry duty holders and gives practical examples of how to comply with legal obligations. More.

VIC - Plant - Introduction to machinery and equipment safety published
WorkSafe has published an introductory guide to machinery and equipment safety. The guide explains how to identify hazards and control risks associated with machinery and equipment in the workplace. View guide.

VIC – Radiation - New Radiation Act commenced
The Victorian Radiation Act 2005 came 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.

WA – Public sector - New Code of Practice for public sector
The Commission for Occupational Safety and Health has published a new code of practice for OHS in the public sector. It will be of use to employees, managers, safety and health coordinators, and injury management practitioners working in the public sector. More.

NZ - Chemicals - HSNO Labelling Code of Practice published
A Code of Practice for the labelling of hazardous substances has been published (HSNOCOP 10-1). It can be purchased from the New Zealand Chemical Industry Council, www.nzcic.org.nz.

NZ - Chemicals - Guidance for service station operators published
The Environmental Risk Management Authority has published guidelines for service station operators on managing hazardous substances. More.

Case briefs

This section includes a link to case briefs. We are not endorsing the company's services, but have found these case briefs to be informative. If you know of other companies publishing case studies, please email details to admin@enviroessentials.com.au.

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

 

   

 


The Bulletin is not intended to and does not provide professional legal advice. It contains information related to obligations under occupational health and safety, environmental and related legislation. It may not summarise all current issues. No person should act solely on the basis of the information contained in or omitted from this Bulletin without obtaining appropriate professional legal advice about the obligations in the specific circumstances. Environment Essentials and its employees disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered through relying solely on any information contained in or omitted from this Bulletin. ©Environment Essentials 2007.