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

Australia – OHS – National OHS framework common elements issued
The Australian Safety and Compensation Council has published duty of care elements it recommends be part of the proposed National OHS Framework. The National OHS Framework aims to make compliance easier for companies that operate across jurisdictions. More about common elements. More about National OHS Framework.

Australia – Asbestos – National List of Exemptions from Chrysotile Prohibition amended
The Australian Safety and Compensation Council has amended the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)]. The Schedule 2 amendment allows the Australian Defence Force to use items containing chrysotile if considered critical and if no alternative is available. More.

Australia – Chemicals – New air transport regulations for dangerous goods to start in 2008
The 49th edition of the International Air Transport Association (IATA) Dangerous Goods Regulations will take effect on 1 January 2008. More.

Australia – Chemicals – Public comments on National Standard and Codes for Workplace Hazardous Chemicals published
The Australian Safety and Compensation Council has issued a summary of public comments received for the Draft National Standard and Codes of Practice for the Control of Workplace Hazardous Chemicals. OHS regulators were amongst the submitters. More.

Australia – Chemicals – GHS discussions around Australia
The Australian Safety and Compensation Council has begun stakeholder consultations on the proposed Globally Harmonised System for workplace hazardous chemicals. Discussions have so far been held in QLD, VIC, SA, WA and with chemical industry associations. Discussions with ACT, the ACTU, Comcare, NSW, NT and TAS are coming up. These discussions will explain the review of draft documents that were released for comment last year. More – click here and go to page 13.

Australia – Transport – NTC developing fatigue management competency standards
The National Transport Commission (NTC) is developing competency standards for Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM) schemes. The standards will clarify the skills and knowledge required by drivers and schedulers to deliver safe working practices. Public comment has closed. View Policy Position Paper.

QLD – Asbestos – Changes to removal and demolition licences in 2008
From 1 February 2008, holders of ‘old style’ asbestos removal (friable) and demolition licences will not be recognised as competent persons. These licence holders will need to do relevant training through a registered training organization before 1 February to remain a competent person. More.

TAS – Chemicals – Explosives to be added to SSDS Act
The Tasmanian government is proposing to include explosives in the Security Sensitive Dangerous Substances Act. Changes are expected to take place by the end of 2007. More.

WA – Construction - Information published on new construction regulations
WorkSafe has published background information about new regulations relating to the National Standard for Construction Work that start in early 2008. The new laws include requirements for providing information, consultation, and planning and documentation for construction projects. More.

Legislation - Upcoming (from previous bulletins)

Previous bulletin items - Legislation - Upcoming

Legislation - Under review

ACT – Chemicals – Dangerous Substances Act 2004 to be reviewed - Open for comment until 30 Nov
The Dangerous Substances Act 2004 is to be reviewed and a report of the review presented to Parliament in early 2008. The review includes the use of consumer fireworks. A discussion paper has been released and comments close on 30 November 2007. More.

SA – OHS – OHS&W Regulations under review – Open for comment until 31 Dec
The Occupational Health, Safety and Welfare Regulations 1995 are being reviewed. Comments close on 31 December 2007. More.

WA – Mining – Mines Safety Inspection Act under review  - Open for comment until 21 Dec
The Mines Safety and Inspection Act 1994 review, which was due to start in 2009, has been brought forward. The review will assess the Act’s operation and effectiveness and will consider including ‘safety cases’. Comments close on 21 December 2007. More.

Legislation - Under review (from previous bulletins)

Previous bulletin items - Legislation - Under review

Publications - Drafts

Australia - Construction - National Code for prevention of falls in housing sector being developed
See September bulletin.

Australia – Radiation - Draft radiation Codes of Practice and Safety Guides published – Closed for comment
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 have closed. More.

ARPANSA has also released a draft Code of Practice for the Safe Transport of Radioactive Material (2008). Comments have closed. More.

ACT – Public events – Draft public events guide released – Closed for comment
The Office of Regulatory Services has published an overview of issues that should be considered when organising a public event. It includes links and contact details to useful resources. Comments have closed. View draft guide.

NSW – High risk work -  Discussion paper on licensing high risk work published – Closed for comment
WorkCover has published a discussion paper on implementing the National Standard for Licensing Persons Performing High Risk Work. Submissions have closed. More. Download discussion paper.

SA – OHS – Responsible Officer Training guide published – Closed for comment
A draft of Learning Outcomes for Responsible Officer Training has been published. The course has been developed to aid training for Responsible Officers. Comments have closed. More.

TAS – Dangerous substances - Fireworks discussion paper published – Closed for comment
As part of the development of the Dangerous Substances (Safe Handling) Regulations, Workplace Standards Tasmania is considering changes to the availability and use of fireworks.  The changes aim to reduce harm to people, property and the environment. Comments have closed. More.

VIC – OHS –'WorkSafe Positions' published – Closed for comment
WorkSafe has drafted two 'WorkSafe Positions', a new form of guidance to give certainty on how the OHS Act or regulations apply. The first two drafts are How WorkSafe Applies the Law in Relation to Reasonably Practicable and How WorkSafe Applies the Law in Relation to Identifying and Understanding Hazards and Risks. More.

WA – Mining - Comments sought on draft codes of practices – Open for comment until 14 Jan 2008
Resources Safety has released three draft codes of practice for public comment, on behalf of the Mining Industry Advisory Committee. The draft codes are 'Consultation at work', 'Design of mobile plant for use on mines' and 'Operation of mobile plant on mines'. Comments close 14 January 2008. More.

News

Campaigns

QLD – OHS – Campaign on slips, trips and falls underway
See September bulletin.

QLD – Construction – Campaign planned for non-English speakers
Workplace Health and Safety Queensland (WHS) is proposing to run an education program for principal contractors, employers and non-English speaking workers, to overcome language barriers that impede OHS. WHS is asking employers to complete a survey about common languages spoken at construction sites. More.

VIC – Scuba diving – WorkSafe to target recreational scuba industry
WorkSafe inspectors will be visiting scuba diving and snorkelling providers, as part of a statewide safety campaign. More.

VIC – Tractor safety campaign underway
See September bulletin. 

WA – Transport – Driver fatigue laws still being flouted
Roadblocks in Port Headland have found that driver fatigue laws are still being breached, particularly with regard to rest breaks. More.

Fines and prosecutions

ACT – Art gallery fined $20,000 for no contractor risk assessment
A major art gallery has been fined $20,000 after a contractor was injured. The gallery did not require the contractor to do a risk assessment. More.

NSW – Transporting incompatible dangerous goods costs company $130,000
Transporting cyanide and acid on the same pallet, and without complete shipping documentation, has cost a company $130,000, after the truck crashed and chemicals spilt. More.

NSW – Death of mechanic under tractor leads to $68,000 fine
A vehicle repair company has been fined more than $68,000 after a mechanic was killed when a tractor he was working under fell on him. WorkCover found that the risk assessment was not adequate and a Safe Work Method Statement was not prepared. More.

QLD – Leg crush injury leads to $32,000 fine
A Stanthorpe-based company has been fined $32,000 after a worker's legs were crushed between moving farm equipment. More.

QLD - $35,000 fine for injuries from unsecured workbox
Injuries to two workers from an unsecured workbox has cost a Stafford-based company $35,000. More.

QLD - $28,000 fine for worker struck by bulldozer
A Nebo company has been fined $28,000 after one of its workers was hit by a bulldozer push arm. The court deemed that, although systems were in place to identify the hazard, the system had not been adequately implemented. More.

QLD - $18,000 fine for manual handling injury
Following a worker’s back injury, a retail furniture company has been fined $18,000 for exposing workers to musculoskeletal injury risks. More.

SA – Small businesses not exempt from OHS laws: court
A court has warned small businesses that their smaller size does not exempt them from complying with OHS laws. This follows a $6,000 fine, reduced from more than $19,000, after a young worker suffered a disfiguring hand injury. More.

TAS – Construction company fined $10,000 for working at height risks
A construction company has been fined $10,000 for failing to adequately supervise employees working nearly 4 m above the ground. Safety harnesses were not being worn, even though the company’s safety management plan required this. More – click here and go to page 22.

TAS – Leg amputation leads to local council conviction
A local council has been convicted and fined $12,500 after the amputation of a contractor’s lower leg. His leg was crushed between concrete pipes and a manhole rise. More – click here and go to page 23.

TAS – Lift failure and failure to report incident leads to fine
An employer whose worker suffered crushed and fractured heels and fractured vertebra when a lift winch cable failed has been fined $6,500. The employer did not notify Workplace Standards Tasmania of the accident. More – click here and go to page 22.

VIC - $300,000 fine for electric shock death
Inadequate training, a lack of protective equipment and poor work procedures has led to the conviction and $300,000 fine for an employer. His 26 year old worker suffered an electric shock while changing a ‘live’ floodlight and later died. More.

VIC - $110,000 for inadequate maintenance of chairlift
The operator of a tourist chairlift has been convicted and fined $110,000 for failing to ensure the safety of non-employees. One chair slid down the cable to another, crushing a woman’s legs. More.

VIC - Company prosecuted for second time in 2007
A company has been convicted and fined $100,000 after a casual employee fell 4 m into an unguarded grain hopper. WorkSafe deemed that the company did not have adequate fall protection. The worker suffered sustained serious head, knee, shoulder and kidney injuries. More.

VIC - Crushed hand costs company $90,000
A major manufacturer of truck trailers has been fined $90,000 after a worker's hand was crushed when a truck axle assembly fell on him. More. 

VIC – Kerang employer fined $50,000 over death
A Kerang heavy machinery employer has been fined $50,000 after an employee was crushed and later died when hit by an excavator bucket. More.

VIC - Employer fined $35,000 after death of visitor
An employer has been convicted and fined $35,000 after a visitor was hit by a mobile platform that was being repaired. He subsequently died. More.

WA - Company fined $8,000 over forklift drivers
A company has been fined for failing to ensure it had evidence that its forklift drivers were competent to operate the vehicles. More.

WA – Abuse of WorkSafe inspectors costs company more than $2,000
A company owner who had been issued with five Improvement Notices is more than $2,000 out of pocket after abusing WorkSafe inspectors. More.

NZ –$22,500 fine for unsafe construction work
A Christchurch company has been fined $22,500 for OHS breaches. Hazards included working at heights without fall protection, poorly constructed scaffolding and the unsafe use of a Manitou Telehandler Forklift. More.

Other news

Australia – OHS – Impacts of workplace deaths DVD published
Industrial Deaths Support & Advocacy Inc (IDSA), a non-profit organisation, has produced a free DVD featuring families who have lost a loved one through a workplace death. The DVD is mainly aimed for use in OHS training and encourages people to speak up about OHS problems before it’s too late. More.

Australia – OHS – Study on effect of design in serious work-related injuries published
The Australian Safety and Compensation Council has published a report that analyses how design impacts on work-related injuries and fatalities. Design Issues in Work-Related Serious Injuries has found that similar design problems are involved in many fatal incidents in many industries and that solutions already exist for most identified design problems. Design aspects are considered in a range of industries, from agriculture to financial services. View document.

Australia – OHS – Reports released on worker hospitalisations
The Australian Safety and Compensation Council has published two data reports on work-related hospitalisations.  One report reviews hospitalised workers by industry sector, mechanism, nature, body region, diagnosis, length of stay and procedures. The other considers the role of emergency department data as a source of information of work-related injury. More.

Australia – Asbestos – Annual reports on mesothelioma victims to be published
The Australian Safety and Compensation Council (ASCC) will publish an annual report on the number of mesothelioma deaths and new cases, including trends over time. The first report will be published in late 2007. More - click here and go to page 11.

Australia – Chemicals - Analysis of global chemical system completed
The Department of Employment and Workplace Relations has issued a report on Europe's proposal to adopt a globally harmonised system (GHS) of classification and labelling of chemicals. The analysis compared the proposed Australian workplace chemicals framework with the GHS and European proposals. View report.

Australia – Chemicals – NICNAS revises list of priority existing chemicals
The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) has issued a revised list of priority existing chemicals. It includes some chemicals that had been inadvertently omitted. View new list.

Australia – Chemicals – NICNAS issues lead compound summary report
The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) has identified a number of lead compounds in industrial surface coatings and inks as priority existing chemicals. View list. View report.

Australia – Chemicals – Nanotechnology information published
NICNAS has published an on-line guide to nanotechnology. More.

Australia – Chemicals – New cosmetic rules in force
The new Cosmetic Standard and Cosmetic Guidelines started on 17 September 2007, and Interim Permits no longer operate. More.

Australia – Construction - Changes to government-funded construction projects now apply
The Building and Construction Industry Improvement Amendment (OHS) Act 2007 (BCII Act) started on 1 October. The Act provides for an accreditation scheme for projects that are directly and indirectly funded by the Federal Government. More – click here and go to ‘Amendments to Act Receive Royal Assent’. Read fact sheet.

Australia – Construction - Guide to Best Practice for Safer Construction released
A voluntary Guide to Best Practice for Safer Construction has been released. The Guide has been developed by the Australian building and construction industry to help combat high death and injury rates. Read government media release. View guide.

Australia – Manual handling – National guides now available
The Australian Safety and Compensation Council has declared the National Standard and Code of Practice for the Prevention of Musculoskeletal Disorders from Performing Manual Tasks at Work (2007). Read media release. Download Standard and Code.

Australia – Mental health - Depression, stress and anxiety DVD launched
The Transport Workers Union (TWU), in conjunction with BeyondBlue and Utility Creative, has launched a DVD that encourages all people, in particular transport workers, to talk about depression, stress and anxiety. One in six Australian men suffer from depression each year and it is the leading cause of disability and suicide. The DVD, Whispers, will soon be available on the TWU and BeyondBlue websites. More.

Australia – Transport – Intelligent Access Program guideline released for transport operators and drivers
Transport Certification Australia Limited (TCA) has released a publication titled Transport Operator & Driver Guideline - Getting Started in the Intelligent Access Program (IAP). The guideline aims to gives a general understanding of the IAP, obligations, and how to get started. More.

ACT – Asbestos - New laws for asbestos in non-residential premises
New laws apply for managing asbestos in commercial, community/recreational and industrial buildings built before 31 December 2003, as part of the Dangerous Substances (General) Regulation 2004. More.

NSW – Coal mining - Coal Competence Board created
A NSW Coal Competence Board has been created to ensure that people working in coal mining are sufficiently competent to work safely. The board will advise the Minister for Mineral Resources on relevant issues and oversee the development of OHS standards and the assessment of competencies. More:  Click here and go to page 2.

NSW – Coal mining – New injury treatment facility established at Speers Point
A new coal industry injury treatment centre has been established at Speers Point. Medical and allied health professionals will provide health assessments and education, training, physiotherapy, pain management, occupational rehabilitation services and workers compensation. More.

NSW – Mining – Safety Action Plan endorsed
The Mine Safety Advisory Council has endorsed the NSW Mining Industry Health and Safety Action Plan. The Plan details targets of reductions in both fatalities and serious injuries that the industry has now committed to meet. More: Click here and go to page 3. View action plan.

NT – Electrical contractors – Licence portability clarified
WorkSafe wishes to clarify that interstate electrical contractors still require an NT licence to work in the NT. This follows a Federal Government announcement that suggested electrical contractors could use their state-issued licences anywhere in Australia. More.

QLD – Construction – Consultation guide published
Workplace Health and Safety Queensland has produced a guide to effective consultation in the construction industry. The guide explains employers’ duties to consult and gives practical tips on effective consultation. Download guide.

QLD – Mining – Independent review into mine safety statistics released – Open for comment until 30 Nov
An independent review of safety statistics in Queensland mines and quarries has been released.  The report found a number of flaws in current reporting methods. Comments on the report close 30 November 2007. View media release. View review.

QLD – Shearing – Shearing industry guide published
Workplace Health and Safety Queensland has released a new OHS guide for employers and workers involved in shearing and associated industries. The guide outlines how to identify key hazards and implement control measures such as changing work areas, work practices, tools, equipment, machinery and amenities. It includes a checklist and worksheet. More.

QLD – Smash repair - Smash repairers get help in doing risk assessments
In conjunction with Workplace Health and Safety, the Motor Trades Association of Queensland (MTAQ) has produced a DVD and other guidance material for smash repairers explaining how to do a risk assessment on hazardous substances. More.

QLD – Water - Guidelines for business use of non-potable water
Workplace Health and Safety Queensland has published guidelines for the safe use of non-potable (ie not drinking quality) water. The guidelines explain the obligations of manufacturers, suppliers and users of non-potable water and how to work with and use non-potable water safely. More.

SA - Work-life balance strategy being developed
SafeWork has started a project on managing work-life balance. Examples of best practice in a range of industries are being reviewed to help formulate the final strategy. More.

TAS – High risk work – New licensing laws in place
New licensing laws for high risk work started on 17 October 2007. More.

VIC – Construction - WorkSafe issues construction and utilities plan
WorkSafe has issued its Construction and Utilities Business Plan for 2007-08. The plan details how WorkSafe will focus on the major causes of workplace deaths, injuries and diseases within these industries. View plan.

VIC – Construction - Full rigging certification now required for rigging work in lifts
Intermediate and Advanced Rigging Certificates of Competency are now required for all persons doing rigging work on lifts. In July 2000, WorkSafe exempted various lift companies from their employees needing the certificates when working in lift wells. These exemptions ceased on 1 July 2007 when the new OHS Regulations 2007 started. More: Call WorkSafe’s Derrick Harrison on 03 9641 1819.

VIC – Mining – WorkSafe responsible for OHS from 2008
From 1 January 2008, WorkSafe will be responsible for regulating OHS in the Mining, Petroleum & Quarry Sectors. Information sessions will be held in regional Victoria to explain the change. More – click here and go to bottom of page. View 2006 media release.

VIC – Power stations and coal mines – CFA issues September project update
The Country Fire Authority (CFA) has issued an update on its power generation project. The CFA, in conjunction with major Latrobe Valley power industry stakeholders, has started the project to improve the level of fire and emergency safety within power stations and associated coal mines. Read update.

WA – High risk work - New regulations commenced 1 Oct
New regulations started on 1 October 2007 for people who perform high risk work, including scaffolders, doggers, riggers and operators of forklift, crane, hoist or pressure equipment. More.

NZ – Hairdressing – OHS study released
A study into health and safety practices in the hairdressing industry has found that more needs to be done to improve workers’ OHS. View media release. View report.

Case briefs

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