February 2008


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

Australia - Chemicals & transport - New ADG Code published
The National Transport Commission has released the 7th edition of the Australian Dangerous Goods Code (ADG7). ADG7 regulations are scheduled for implementation during 2008. The 6th edition (ADG6) will continue to apply as an alternative to ADG7 for a transition period that will be agreed to by each state and territory government. More.

NSW – Mining – New laws to take effect on 1 Sep
The Mine Health and Safety Act 2004 and Mine Health and Safety Regulation 2007 will take effect on 1 September 2008. They replace the Mines Inspection Act 1901 and Mines Inspection General Rule 2000 and apply to the metalliferous, extractive and opal mining industries. More.
     
NT – OHS – New OHS legislation to start early 2008
In December 2007, the Workplace Health and Safety Act and the Workers Rehabilitation and Compensation Act were passed. They are not operational yet and are expected to take effect in early 2008. Previously, OHS and workers compensation were combined in the Work Health Act. More.

SA – OHS - OHS fines to treble
Fines for workplace safety breaches are set to treble, after the state government's Occupational Health, Safety and Welfare (Penalties) Amendment Bill passed through Parliament. Corporate offenders and the public sector face fines of up to $300,000 for a first offence and $600,000 for any subsequent offences. More.

SA – Manufacturing - Clothing outworker regulations to start in March
The Fair Work (Clothing Outworker Code of Practice) Regulations 2007 commence on 1 March 2008. The Code of Practice is included in Schedule 1 of the Regulations. More.

WA – Chemicals – Dangerous goods regulations to start in March
The Dangerous Goods Safety Act 2004 and associated Dangerous Goods Safety Regulations 2007 are expected to take effect on 1 March 2008. They include the safe storage, handling and transport of dangerous goods. More.

WA – Construction - New regulations to start in early 2008
New regulations for the construction industry will take effect in early 2008, as part of an aim for more consistent construction laws across Australia. The changes include requirements for consultation, planning and documentation, and the provision of information for construction projects. More.

NZ – Work life balance – New laws on flexible work arrangements to start from 1 July
The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 will come into force on 1 July 2008. The Act will change the way some employees and employers make and respond to requests for flexible working arrangements. While not directly OHS-related, the Department of Labour is supporting them with a campaign on work-life balance. Read about new laws. Read about DOL's work-life balance campaign.

NZ – Hazardous substances – New Group Standards to start from 1 July
As part of the staged implementation of Group Standards for notified toxic substances (NOTS), new requirements will take effect from 1 July 2008 for:

  • stationary bulk container systems

  • labelling

  • safety data sheets

  • signs

  • packaging.

More: Click here and go to 1 July 2008.

Legislation - Upcoming (from previous bulletins)

Australia - Chemicals - New ADG Code published
See May 2007 bulletin.

QLD – Asbestos – Changes to removal and demolition licences in 2008
See November 2007 bulletin.

TAS – Chemicals – Explosives to be added to SSDS Act
See November 2007 bulletin.

VIC – Gas - Gas Safety (Gas Quality) Regulations 2007 proposed; RIS published
See July 2007 bulletin.

WA – Construction - Information published on new construction regulations
See November 2007 bulletin.

 

Legislation - Under review

QLD – OHS - Workplace Health and Safety Regulation under review – Open for comment until 29 Feb
A new regulation is set to replace the Workplace Health and Safety Regulation 1997 when it expires on 1 September 2008. A Regulatory Impact Statement is now available. Comments close 29 February 2008. More.

QLD – Rural industries - Proposal to remove OHS exemptions for rural industries – Open for comment until 29 Feb
The Queensland Government has proposed to remove exemptions for the rural industry from a number of OHS requirements. The exemptions include mobile elevating work platforms, demolition work, hazardous substances, confined spaces and excavation work. A Regulatory Impact Statement (RIS) outlines the impact of the changes. Comments close 29 February 2008. More.

SA – OHS – OHS&W Regulations under review – Closed for comment
The Occupational Health, Safety and Welfare Regulations 1995 are being reviewed. Comments have closed. More.

WA – Mining - Mines Safety and Inspection Act 1994 under review – Open for comment until 31 Jan
The operation and effectiveness of the Mines Safety and Inspection Act 1994 is being reviewed. The review will include areas of the legislation that could be improved. It will also consider the introduction of a safety case regime. Public comment has been extended until 31 Jan 2008. More.

NZ – Fireworks – Changes to fireworks regulations proposed – Open for comment until 15 Feb
ERMA is seeking submissions on the proposals to change the Hazardous Substances (Fireworks) Regulations 2001. A consultation document is available. Comments close 15 February 2008. More.

Legislation - Under review (from previous bulletins)

Australia - Chemicals - Control measures for security sensitive substances under review
See May 2007 bulletin.

ACT – Chemicals – Dangerous Substances Act 2004 to be reviewed - Closed for comment
See November 2007 bulletin.

SA – OHS – OHS&W Regulations under review – Closed for comment
See November 2007 bulletin.

Top

Publications - Drafts

Australia - Construction - National Code for prevention of falls in housing sector being developed
See September 2007 bulletin.

WA – Mining - Draft codes of practice released – Closed for comment
Resources Safety has released three draft codes of practice, 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 have closed. More.

WA – OHS - Comments sought on working hours code of practice – Open for comment until 1 Feb
A draft Code of Practice on Working Hours has been published. It outlines employers’ duty of care in relation to OHS risks from working hours arrangements and gives guidance on managing risks. Comments close 1 Feb 2008. More.

NZ - Hazardous substances – Draft hazardous substances disposal code published – Closed for comment
A Draft HSNO Approved Code of Practice for Disposal of Hazardous Substances has been published. Comments have closed. MoreView draft code.

News

Campaigns

Australia & NZ – Trans-Tasman falls prevention campaign set for Feb - March
Falls prevention at small and medium-sized construction sites will be the focus of Australian and NZ OHS regulators in February and March. Inspectors will visit at least 900 sites during the campaign, which is being coordinated by WorkSafe Victoria on behalf of the Heads of Workplace Safety Authorities (HWSA). HWSA is the peak body comprising representatives of all OHS regulators in Australia, as well as New Zealand's Department of Labour. More.

QLD – Construction – Campaign planned for non-English speakers
See November 2007 bulletin.

VIC – Mining – Draft guidelines on community consultation published – Closed for comment
New laws require mining companies to communicate with communities affected by their operations. The Department of Primary Industries has released draft guidelines for community engagement. Comments have closed. More.

VIC – Plant – Equipment safety to be targeted
WorkSafe is targeting the maintenance, repair, installation, service and cleaning (MRISC) of machinery and equipment. Nine people died in incidents directly related to MRISC tasks in 2007. As part of the campaign, interactive workshops will be held in Mildura, Wangaratta, Ballarat, Geelong, Bendigo, Warragul and Melbourne. More about campaign. More about workshops.

VIC – Tractor safety campaign underway
See September 2007 bulletin

WA – Spray painting in vehicle repair workshops to be targeted
WorkSafe is visiting vehicle repair workshops with spray painting operations. Inspectors will review workshops to ensure compliance with OHS law. More.

NZ & Australia - Trans-Tasman falls prevention campaign set for Feb - March
Falls prevention at small and medium-sized construction sites will be the focus of NZ and Australian OSH regulators in February and March. Inspectors will visit at least 900 sites during the campaign, which is being coordinated by WorkSafe Victoria on behalf of the Heads of Workplace Safety Authorities (HWSA). HWSA is the peak body comprising representatives of the Department of Labour and all Australian OHS regulators. More.

Fines and prosecutions

NSW – $861,000 damages for employee’s violence outside work
The NSW Court of Appeal has upheld that an employer breached its duty of care to provide a safe workplace, after failing to address an employee’s numerous acts of violence at work. A colleague was subsequently shot. $861,000 damages were awarded. More.

QLD – Life threatening burns to worker costs mining company $44,000
A mining company has been fined $35,000 and ordered to pay costs of over $9,300 after a worker received life threatening burns at an underground coal mine. More.

SA – $80,000 in fines for construction companies’ OHS breaches
Two SA construction firms have been fined a total of $80,000 over safety breaches related to a trench collapse and a subcontractor’s fall from 7 metres. More.

SA - $48,000 fine for rail maintenance worker’s death
A company which helps maintain the Port Augusta to Leigh Creek railway line has been fined $48,000 following the death of an employee. More.

SA – Forklift injury leads to $22,000 fine
A Riverland fruit-packing firm has been fined $22,000 over a series of safety failures which led to a woman being permanently disabled after a forklift ran over her foot and crushed it. More.

SA – $20,000 fine for electroplating company after worker gassed
A company has been fined $20,000 after a worker inhaled chemical vapours and collapsed while cleaning an industrial degreasing tank. More.

SA – Summary of other court cases published
SafeWork SA has published a summary of other prosecutions. More.

VIC - $120,000 fine after worker falls into sewer and dies
A civil construction company has been convicted and fined $120,000 after the death of a worker who fell into an underground sewerage pit while repairing access steps. More.

VIC – Inadequate guarding and forklift/pedestrian separation leads to $80,000 fines
Two timber processing companies have been fined more than $80,000 for inadequate machine guarding and failing to separate pedestrians and forklifts. More.

VIC – Failure to report serious injury leads to good behaviour bond
A TAFE has been placed on a two year good behaviour bond after not reporting a serious injury to a student. It also failed to protect the incident site from disturbance. More.

VIC - Torquay builder fined $20,000 over unsafe working at height
A Torquay building company has been fined $20,000 plus costs over unsafe working at height practices. WorkSafe inspectors had issued five notices in the previous 13 months. More.

VIC - $5,000 for abusing WorkSafe inspector
A business operator has lost nearly $5,000 after abusing and obstructing a WorkSafe inspector. More.
 
WA – Abattoir and labour hire company fined $100,000 over death
An abattoir company and an associated labour hire company have been fined more than $100,000 after an abattoir worker was crushed to death in an auger. More.

WA - $20,000 fine at cheese factory for unguarded machine
A Capel cheese factory has been fined $20,000 after a worker’s fingertip was amputated by an unguarded machine. More.

WA - Company fined $8,000 over forklift drivers
An O’Connor warehousing and distribution business has been fined $8,000 for not ensuring its forklift drivers were competent to operate the vehicles. More.

WA - Company and director fined $7,500 for unsafe work
A company and one of its directors have been fined $7,500 after a worker was hospitalised with electrical burns while working near power lines. More.

NZ - $40,000 fine and reparation for inaction over identified risk
A company has been convicted and fined $40,000 plus $6,150 reparation after a worker’s fingers were partly amputated by a ragging machine. More.

Other news

Australia & NZ - Heads of Workplace Safety Authorities launches website
The Heads of Workplace Safety Authorities (HWSA) has launched a new website for the body. HWSA comprises senior executive officers from Commonwealth, state and territory, and New Zealand workplace safety authorities. It aims to improve and harmonise OHS. The website includes information about current campaigns, jurisdictional contacts and associated internet sites. It also allows for registration to receive alerts and updates by email. More.

Australia – Chemicals - Draft GHS training course published
The UN has published a draft introduction course to the globally harmonised system (GHS). It gives a background on the GHS and a description of requirements. A second course, which is not yet available, will focus on hazard classification and the development of GHS labels and safety data sheets (SDS). View course.

NSW – OHS – WorkCover’s publication service to be upgraded
WorkCover is implementing an improved publications service. From 1 February, customers will receive their first publication free and will be able to order publications online. More.

NSW - OHS - Mentoring program available for small businesses - Applications close 10 Mar
WorkCover has launched its 2008 Mentor Program. The program helps small businesses improve OHS by getting advice and practical assistance from a large business in their industry sector. Large businesses provide regular, relevant contact and help small businesses to foster and maintain a safer workplace. Applications close 10 March 2008. More.

NSW – Asbestos - New asbestos removal regulations now in place
WorkCover NSW has reminded duty holders that the threshold for removing, repairing and disturbing bonded asbestos has been reduced from 50 to 10 square metres. Work of 10 square metres or more now needs to be done by appropriately licensed operators. Some people who were not previously required to hold a licence to remove asbestos may now need one. More.

NSW – Construction – Sun safety guidance published
WorkCover NSW has developed a webpage with information on sun safety in construction work. The webpage includes FAQ’s, links to guidance information and information on how to use the Bureau of Meteorology's UV Alert. More.

NT – Electrical work – New Wiring Rules available
Electronic and hard copies of the new AS/NZS3000:2007 Wiring Rules are now available. The new standard replaces AS/NZS3000:2000. Compliance with it is mandatory in the Northern Territory and Victoria. A six month transition period will apply. More

QLD – Coal mining - New standard for underground electrical equipment and electrical installation
A new standard has been released in Queensland to help establish the minimum standards for selecting, installing, maintaining and operating electrical equipment and electrical installations in an underground coal mine. View standard.

QLD – Mining and quarries – Review released on the Mines and Quarries Annual Safety Performance and Health Report
The final version of the Review of the Queensland Mines and Quarries Annual Safety Performance and Health Report has been issued.  The report was prepared by the Minerals Industry Safety and Health Centre and the Institute for Health and Biomedical Innovation Queensland University of Technology. View report.

QLD – Petroleum and gas – New laws now in place
Changes to the Mining and Other Legislation Amendment Act 2007 that affect petroleum and gas started on 1 January 2008. Changes include the requirement for drilling rig operators to ensure rig workers have specified OHS competencies. More.

SA – Outdoor workers claiming compensation for skin cancer
Since 2001, more than $260,000 has been paid in compensation to workers suffering from skin cancer. Legal experts say the number of workers seeking compensation from employers is rising.
More.

VIC – OHS - Handbook explains Victoria's OHS compliance framework
WorkSafe has issued a handbook that explains the key elements of OHS compliance. It includes WorkSafe's approach to developing legislation, codes and guidance material. View handbook.

VIC – OHS - First 'WorkSafe Positions' released
WorkSafe has issued its first WorkSafe Positions. A 'WorkSafe Position' is a publication to provide duty holders with certainty on how the OHS Act or regulations apply. The first two Positions were developed after public consultation. The subjects are:

VIC – OHS - Internal Review statistics published
The Occupational Health and Safety Act 2004, and the Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, provide for review of decisions and non-decisions made by WorkSafe inspectors. The review is conducted by an internal review unit, on application by an eligible person. The latest statistics on internal review, from 2005 onwards, are now available. More.

VIC – Construction - Formwork tool and prompt sheet updated
WorkSafe has updated its formwork tool and prompt sheet for use by employers, site safety committees, health and safety representatives and others. The tool includes a checklist to help identify common faults. View new version.

VIC – Electrical work - New Wiring Rules available
Electronic and hard copies of the new AS/NZS3000:2007 Wiring Rules are now available. The new standard replaces AS/NZS3000:2000. Compliance with it is mandatory in Victoria and the Northern Territory. A six month transition period will apply. More.

VIC – Mining and quarrying – WorkSafe now responsible for OHS in extractive industries
On January 1, responsibility for administering OHS in mines and quarries transferred from the Department of Primary Industries to WorkSafe Victoria. Information sessions will be held in regional Victoria to explain the change. More.

VIC – Plant - Booklet on planning for safer plant published
WorkSafe has released a booklet on safer plant operations. It aims to help employers and employees plan for safe work involving the maintenance, repair, installation, servicing and cleaning of machinery and equipment (MRISC). It includes a reference tool with examples of possible hazards. View booklet.

WA – Construction – Reminder on compulsory training for construction industry
WorkSafe WA has issued a reminder that construction workers now need to hold a new Construction Safety Awareness Card. Workers who do not have a card can not work in the industry. More.

WA – Cyclones – Safety and health alert updated after cyclone investigation
The State Government has issued a Safety and Health Alert on emergency preparation for cyclones, following the investigation into the Cyclone George deaths of two workers in March 2007. Read media release. Read updated OHS alert.

WA – Construction - New standard for construction work commenced
New regulations relating to the National Standard for Construction Work took effect for the civil/commercial construction sector on 3 January 2008 and will apply to the residential construction sector from 21 April 2008. The new regulations include requirements for:

  • providing information
  • consulting
  • planning, documentation and other measures. More.

NZ and Australia - Heads of Workplace Safety Authorities launches website
The Heads of Workplace Safety Authorities (HWSA) has launched a new website for the body. HWSA comprises senior executive officers from NZ and Australian workplace safety authorities. It aims to improve and harmonise OHS. The website includes information about current campaigns, jurisdictional contacts and associated internet sites. It also allows for registration to receive alerts and updates by email. More.

NZ – Shift work - Managing shift work to minimise workplace fatigue
The Department of Labour has released a number of publications to help minimise fatigue related to shiftwork. They include guides for employers and small business and a slideshow summarising the key points. View publications

NZ – Hazardous substances – New search engine on ERMA website
ERMA has launched a new search engine for chemical substances; it is operating, but is not yet complete. The link is under the search function on the Hazardous Substances Home Page.

NZ – Hazardous substances – Searchable database now on NZIoC
The New Zealand Inventory of Chemicals (NZIoC) page now includes a searchable database. This database can be used to check if products covered by a Group Standard contain any hazardous chemicals which will be new to NZ and which will require notification. Links are from the HS Home Page and under Group Standards. Go to database.

NZ – Hazardous substances – Chemical Classification Database launched
ERMA has launched a HSNO Chemical Classification Database (CCID). The database provides information on the classification of chemicals, to help industry classify formulated products, prepare labels and safety data sheets, and assign to Group Standards. View database.

NZ – Fireworks - Code for outdoor firework displays to be developed
ERMA is intending to develop a Code of Practice for Outdoor Pyrotechnic Displays. It is currently seeking an industry expert to develop the code. 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's Safety Matters.

 

   

 


The Bulletin is not intended to and does not provide professional legal advice. It is a general guide to the main obligations under occupational health and safety, environmental and related legislation. 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.