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 – Changes to disinfectant regulations proposed
The Commonwealth government is proposing to change how disinfectants are regulated. Disinfectants are currently classed as therapeutic goods and are the regulatory responsibility of the Therapeutic Goods Administration (TGA). One of the proposed changes is to transfer responsibility to the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). More.

Australia – Rail - National rail reform package approved
Australia’s Transport Ministers have voted unanimously to approve a national rail reform package. The new laws, developed by the National Transport Commission, require rail operators, rail infrastructure managers, road authorities and the owners/managers of private roads to jointly identify, assess and manage safety risks at level crossings and other road-rail interfaces. More.

QLD – Licensing – Paper tickets not valid after 1 July
Holders of 'old style' paper based tickets issued before March 1992 who have not obtained plastic licences must notify Workplace Health and Safety to continue working after 1 July 2008. More.

NT – Electricity - New Wiring Rules to start on 12 May
The new Wiring Rules (AS/NZS3000:2007) become mandatory in the NT on 12 May 2008. More.

VIC – Construction – New regulations to start on 1 July
Victoria’s new construction regulations take effect on 1 July. People complying with current laws are unlikely to be adversely affected. More.

VIC – Electricity – New wiring rules become mandatory on 1 July
The new edition of the Wiring Rules, AS/NZS 3000:2007, will be mandated on 1 July 2007. More.

Legislation - Upcoming (from previous bulletins)

NSW – Mining – New laws to take effect on 1 Sep
See February 2008 bulletin.
     
NT – OHS – Revised OHS legislation to start in March 2008
See February 2008 bulletin.

NZ – Work life balance – New laws on flexible work arrangements to start from 1 July
See February 2008 bulletin.

NZ – Hazardous substances – New Group Standards to start from 1 July
See February 2008 bulletin.

Legislation - Under review

Australia – Plant – Comcare proposes to recognise lifts as plant – Closed for comment
Comcare is reviewing Part 4 - 'Plant' of the Occupational Health and Safety (Safety Standards) Regulations 1994, for the control of risks associated with lifts. Comments have closed. More.

NSW – Clothing – Clothing factory regulations under review – Closed for comment
WorkCover is reviewing the OHS (Clothing Factory Registration) Regulation 2001. A discussion paper has been released. Comments have closed. More.

NSW – Licensing - Formwork and explosive powered tools regulations under review – Closed for comment
WorkCover is reviewing requirements to hold a Certificate of Competency for formwork and for operating and using explosive powered tools under Part 9.2 of the Occupational Health and Safety Regulation 2001. A discussion paper has been released. Comments have closed. More.

Legislation - Under review (from previous bulletins)

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.

QLD – OHS - Workplace Health and Safety Regulation under review – Closed for comment
See February 2008 bulletin.

QLD – Rural industries - Proposal to remove OHS exemptions for rural industries – Closed for comment
See February 2008 bulletin.

WA – Mining - Mines Safety and Inspection Act 1994 under review – Closed for comment
See February 2008 bulletin.

NZ – Fireworks – Changes to fireworks regulations proposed – Closed for comment
See February 2008 bulletin.

Publications - Drafts

Australia – Chemicals and plastics – Draft research report into plastics and chemicals published – Open for comment until 30 Apr
The Productivity Commission has published a draft research report into the regulation of plastics and chemicals.  The report concludes that, while current regulations are relatively effective in managing OHS risks, they are less effective in managing environmental risks. A number of recommendations are included, including a four tiered model of governance.  The final report is due in July 2008. Comments close 30 April. More about report.  Details on making a submission (see Additional Information in right hand banner).

Australia – Chemicals – Draft report on controlling security-risk chemicals published – Closed for comment
A draft report on controlling chemicals with security risks has been released to the Council of Australian Governments (COAG).  Comments have closed. More.

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

Australia - Explosives - Revised draft code for road and rail transport released - Open for comment until 7 May
The draft Australian Code for the Transport of Explosives by Road and Rail, 3rd edition ('Australian Explosives Code') has been released for public comment. It applies to land transport and updates technical provisions and operational content, including the listing of explosives. Comments close 7 May. More.

VIC – Mining – Draft guidelines on community consultation published – Closed for comment
See February 2008 bulletin.

WA – Mining - Draft codes of practice released – Closed for comment
See February 2008 bulletin.

WA – OHS - Draft working hours code of practice published – Closed for comment
See February 2008 bulletin.

NZ - Hazardous substances – Draft hazardous substances disposal code published – Closed for comment
See February 2008 bulletin.

News

Campaigns

Australia – Campaign on manufacturing machine guarding underway
Workplace safety authorities are running a campaign to improve machine guarding in the manufacturing industry. The manufacturing industry accounts for 46% of injuries associated with unguarded machinery. The campaign will run until December 2008, in all regions except the NT and Tasmania. More.

Australia – Campaign on hospital manual handling and slips/trips underway
A national campaign to reduce the number of manual handling and slip/trip injuries to non-clinical hospital workers starts in April. More – click here and go to 'Manual Handling and Slips & Trips in Hospitals'.

VIC – WorkSafe releases 2008 inspection campaign details
WorkSafe has published details of the inspection campaigns it will run between now and June 2008. They include regional towns and metropolitan industrial estates. More.

Fines and prosecutions

NSW – Construction firm fined $300,000 after worker killed by crane
A construction company has been fined $300,000 for its unsafe system of work that led to a worker being crushed to death by a mobile crane's jib and kibble. More.

NSW – Plastics moulding company fined $162,500 over two deaths
A Bomen plastics moulding company has been fined $162,500 following the deaths of two of its workers when a water tank ruptured. More.

QLD – $540,000 for workers’ serious injuries at coal mine
A coal mining company has been ordered to pay $300,000 towards coal mine safety research, and nearly $240,000 to the Department of Mines and Energy for investigation and court costs, following an out of court settlement related to the serious injuries of two workers. More.

QLD – Contractor and mechanic fined after worker suffers extensive burns
A central Queensland contracting company has been fined $44,000, and a mechanic $4,400, after a coal mine worker received burns to 65% of his body due to a truck’s faulty brakes. More.

SA - Whyalla firm fined $32,000 after crane runs over worker
A Whyalla engineering company has been fined $32,000 plus costs after an employee suffered life threatening injuries when he was run over by a mobile crane. More.

SA – $21,500 fine for inadequate work systems and risk management
A Gawler fruit and vegetable business has been fined $21,500 after an employee’s left leg was fractured when caught between a forklift and an industrial waste bin. More.

SA – Labour hire company fined $9,000 over teenager injury
A labour hire company has been fined $9,000 after an 18 year old employee suffered serious finger injuries on his second day of work at the host workplace. More.

SA - Fishing company fined $7,500 over work experience injury
A fishing company has been fined $7,500 after a work experience student was injured on a boat. More.

VIC – Conviction and $200,000 fine over forklift driver death
A north Victorian company has been convicted and fined $200,000 over a forklift driver’s death. The forklift tipped after hitting a roof support pole, crushing the driver. He was not wearing a seatbelt. More.

VIC – Shipping company fined $40,000 after worker’s legs permanently injured
A shipping company has been fined $40,000 after admitting it failed to provide a safe workplace. A worker's legs were seriously and permanently injured. More.

VIC - $30,000 fine for ignoring working at height Prohibition Notice
An Altona North company has been convicted and fined $30,000 for ignoring a Prohibition Notice related to working at a height. More.

VIC – Re-stumping company fined after home collapses on owners
A Melbourne re-stumping business has been fined $15,000 after a house fell to the ground when three people were inside. No-one was injured. The house suffered severe structural damage and needed to be demolished. More.

WA - Mechanic awarded $840,000 for exposure to asbestos
A mechanic has been awarded $840,000 for exposure to asbestos in brake linings while working at two car dealerships. In the first verdict of its kind, the Supreme Court deemed his employer was responsible for his asbestosis. More.

WA – $120,000 fine over amputated leg
A hay baling company has been fined $120,000 after a man’s lower leg was torn off in a hay press machine. The company had previously been fined $75,000 over the death of an employee who was caught in a hay baling machine's moving parts at the same workplace. More.

WA - Dairy company fined $20,000 over unguarded machine
A cheese factory has been fined $20,000 after a worker’s finger tip was amputated by an unguarded machine. More.

WA – Candy company fined $20,000 over unguarded machine
A manufacturer of rock candy has been fined $20,000 after a worker’s finger was severely injured in an unguarded machine. More.

NZ – Company fined $110,000 plus reparation for carbon monoxide exposure
A frozen foods company has been fined $110,000 – one of the highest OSH fines to date – for exposing employees to carbon monoxide fumes from an LPG forklift. More.

NZ - Conviction, $35,000 plus costs for unsafe isocyanate spray painting
A Motueka spray painting company has been convicted and fined $15,000, and the employee awarded $20,000 reparation, over unsafe work practices. As a result of spray painting isocyanates-based paint, an employee suffered solvent neurotoxicity, occupational asthma and was close to respiratory arrest. More.

NZ – Company and employees fined over Tiller Mine death
A mining company and two of its employees have been ordered to pay more than $70,000 in reparations and fines following an employee’s death at the Tiller Mine. A large volume of water from a nearby abandoned mine flooded the Black Reef Mine, killing the worker. More.

Other news

Australia – OHS – Workplace safety heads set 2008 campaign priorities
The Heads of Workplace Safety Authorities (HWSA) in Australia and New Zealand have set OHS campaign priorities for 2008 - 2009. They include High Risk Plant; Violence in Healthcare; New and Young Workers in Hospitality; and Manual Tasks in Retail, Wholesale, Transport and Storage. More.

Australia – OHS - Comcare Review – Closed for comment
The Commonwealth government is reviewing the Comcare scheme. Comments have closed. More.

Australia – Asbestos – First annual mesothelioma report published
The Australian Safety and Compensation Council (ASCC) has published the first annual mesothelioma report. It summarises mesothelioma incidence in Australia from 1982 - 2004 and deaths from 1997 - 2005. The number of reported cases increased fourfold between 1982 and 2004. View media release. View report. 

Australia – Construction – National Code of Practice for Precast Concrete declared
At its February meeting, the ASCC declared the National Code of Practice for Precast, Tilt-up and Concrete Elements in Building Construction. A two year implementation timeframe has been proposed. View media release and code of practice.

Australia – Licensing – ASCC endorses Licensing Units of Competency in National Licensing Standard
The ASCC has endorsed the ‘licensing units of competency’ in the National Standard for Licensing Persons Performing High Risk Work. These units will be added to the National Standard as a schedule. More – click here and go to page 2.

Australia – Plastics – Plastics OHS industry guide released
The Plastics Industry Guide to Workplace Safety 2008 has been released. Produced by Pro-Visual Publishing in consultation with the Ai Group, copies are being sent to every Australian plastics and rubber manufacturing company. Additional copies are available. More: Please call Pro-Visual Publishing on (02) 8272 2611 or email enquiries@provisual.com.au.

Australia – Radiation – Extreme low frequency standard being developed
The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) hosted a forum in February to discuss the development of a standard for extreme low frequency radiation (ELF). More.

Australia - Transport - Updated fatigue management guide published
An updated version of the Transport & Logistics Guide to Workplace Safety has been published. The guide explains the new approach to fatigue management, with suggestions on how to better organise freight movements in line with the new regulations. Pro-Visual Publishing produces the guide each year, in consultation with the Australian Trucking Association.  More: Phone Pro-Visual Publishing on 02 8272 2611 or email enquiries@provisual.com.au.

NSW – Asbestos – New asbestos guide published
WorkCover has released a new guide on working with asbestos. The guide gives information about the dangers of asbestos and what to do if asbestos is suspected at a site. It also gives information on exposure standards, safe removal and disposal processes. View guide.

NSW – OHS – New bullying publications released
WorkCover has released three new publications to help employers manage bullying. The three publications are Preventing and dealing with workplace bullying - Guide, Preventing and dealing with workplace bullying - Brochure and Preventing and dealing with workplace bullying - Fact sheet.

NSW – Gas cylinders – Fact sheet for safe handling published
WorkCover has published a fact sheet explaining how to safely handle, store and dispose of unwanted LP gas cylinders. It also gives guidance on dealing with unwanted or unidentifiable LP gas cylinders. View fact sheet.

NSW – Mining – Free information seminars on new regulations being held
To help companies comply with the new mining regulations, the NSW Department of Primary Industries is hosting a series of free industry information seminars in April and May. The seminars will explain the new legislation, give details on new responsibilities for duty holders and timeframes for implementation. More.

NSW – Mining – Guidance material on new legislation published
To help companies comply with the new mining regulations, the NSW Department of Primary Industries has published a range of support material, including summaries of acts and regulations, guidance notes, codes of practice and audit tools. More.

NSW, QLD & VIC – Construction - Safety guides for residential construction published
Workplace safety authorities in NSW, VIC and QLD have launched a series of guides for residential builders and contractors. The guides give practical guidance for house builders and contractors and demonstrate 'what compliance looks like'. The first three guides are on site supervision, site security, and site amenities. More.

QLD – OHS – Industry-specific action plans published
The Queensland Government has released seven industry-specific action plans to help reduce the incidence of work-related injuries and fatalities. The plans are for the following industries:

• Construction
• Health and Community Services
• Hospitality, Recreation and Other Services
• Manufacturing
• Retail and Wholesale
• Rural
• Transport and Storage. More.

QLD, NSW & VIC – Construction - Safety guides for residential construction published
Workplace safety authorities in QLD, NSW and VIC have launched a series of guides for residential builders and contractors. The guides give practical guidance for house builders and contractors and demonstrate 'what compliance looks like'. The first three guides are on site supervision, site security, and site amenities. More.

QLD – Electricity - Wiring Rules information seminars
The Electrical Safety Office (ESO), in partnership with the Electrical and Communications Association (ECA), is conducting free information seminars on the new Wiring Rules throughout Queensland between January and July 2008. More.

QLD – Plant - Plant and equipment licensing seminars being held
Workplace Health and Safety Queensland (WHSQ) is holding seminars to help employers pass WHSQ licensing inspections for particular plant and equipment. The seminars will be held in a range of places as part of a statewide education and inspection program. More.

SA – SafeWork issues warning on heat stress
SafeWork has reminded employers of their obligation to manage the ‘obvious hazard’ of hot weather, following the hospitalisation of dozens of workers due to heat stress. More.

TAS – Building design – Handbook on structural software published
The Australian Building Codes Board has published a new model handbook, Use of Structural Software for Building Design Approval. It gives information about the attributes a software package should have when used to develop compliant designs. It is not mandatory. View handbook.

TAS – Electricity – Restricted Electrical Licence obligations clarified
Workplace Standards’ Chief Electrical Inspector has released information on what holders of Restricted Electrical Licences (REL) can and can’t do. More.

TAS – Forklifts - Forklift safety publication released
WorkCover has published a guideline on forklift safety. It describes hazards, safe procedures and workplace systems, including traffic management plans. More.

VIC – OHS – OHS Act 2004 deemed to be working well
A review of the Occupational Health and Safety Act 2004 has found that employers and unions believe the new legislation, introduced in 2005, is working well. More.

VIC – OHS – Workers’ health screen program launched
The Victorian government has launched a program to screen workers for preventable diseases, like diabetes. Funded by surplus WorkSafe funds, health care workers will travel throughout Victoria to deliver information, advice and free on-site screening services to workers. Companies are invited to register their interest. More.

VIC – OHS – Small business OHS guide published
WorkSafe has published a guide to help small businesses make their workplaces safer. The guide, Twelve Tips for Small Business, focuses on 12 workplace hazards that WorkSafe inspectors regularly find in small businesses and offers practical advice on resolving them. More.

VIC – Chemicals – New guide to hazardous substances published
WorkSafe has released a new guide on hazardous substances that explains their risks and how to make workplaces safe. View guide.

VIC – Construction – Handbooks on new regulations published
WorkSafe has released two handbooks outlining the requirements of new construction regulations. One handbook is for the general construction industry and one for housing construction. More - Click here and go to ‘How can I find out more?’

VIC, NSW & QLD – Construction - Safety guides for residential construction published
Workplace safety authorities in VIC, NSW and QLD have launched a series of guides for residential builders and contractors. The guides give practical guidance for house builders and contractors and demonstrate 'what compliance looks like'. The first three guides are on site supervision, site security, and site amenities. More.

VIC – Electricity - Wiring rules information sessions
Energy Safe Victoria is holding a number of information sessions on the new AS/NZS 3000:2007 Wiring Rules. Targeted to registered electrical contractors/electricians and electrical inspectors, the sessions are being held in a number of locations. More.

VIC – Incidents – Updated Guide to Incident Notification published
WorkSafe has published the 3rd edition of The Guide to Incident Notification.  It explains the incident notification process, when the regulations apply, what to do, when to notify and what records to keep. View guide.

VIC – Plant – Machine maintenance workshops coming up
WorkSafe is holding a number of interactive workshops on Maintenance, Repair, Installation, Servicing and Cleaning (MRISC) of plant. The workshops will highlight the dangers of failing to properly guard machines, particularly when doing maintenance and related work.  Upcoming workshops will be held at Ballarat, Geelong, Taylors Lakes, Bendigo, Wantirna and Warrigal. Register.

VIC – Quarries – WorkSafe launches webpage for quarries
WorkSafe has developed a safety webpage for the quarrying industry. It has sections on industry risks, relevant OHS legislation and information on how to comply. View webpage.

NZ – OHS – Workplace safety heads set 2008 campaign priorities
The Heads of Workplace Safety Authorities (HWSA) in New Zealand and Australia have set OHS campaign priorities for 2008 - 2009. They include High Risk Plant; Violence in Healthcare; New and Young Workers in Hospitality; and Manual Tasks in Retail, Wholesale, Transport and Storage. More.

NZ – Chemicals - Inventory of chemicals updated
The New Zealand Inventory of Chemicals (NZIoC) has been updated, with 44 new chemicals added. More.

Case briefs

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