environmental ohs legal obligations
   

June 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 – OHS – COAG commits to OHS harmonisation - Open for comment until 11 Jul
Australian governments have agreed to develop a national harmonised OHS framework. A three person panel is now reviewing state, territory and Commonwealth OHS legislation, with a view to developing a model OHS Act that all jurisdictions can adopt. An issues paper was to be released by the end of May. Model legislation will be developed by September 2009. Public comments close 11 July. More. Read news article. View COAG communique. Make a submission.

NSW, QLD, SA, VIC – Transport - New fatigue laws from 29 Sep; training package endorsed
New South Wales, Queensland, South Australia and Victoria aim to implement new Heavy Vehicle Driver Fatigue laws on 29 September 2008. As part of this, the Australian Transport Council has endorsed a training package for driver fatigue accreditation. More.

QLD – Mining - Amendments to mine safety laws passed
The Queensland Parliament has passed the Clean Energy Act 2008. The Act amends the Mining and Quarrying Safety and Health Act 1999 and the Coal Mining Safety and Health Act 1999. The amendments will take effect in June 2008. More.

QLD, NSW, SA, VIC – Transport - New fatigue laws from 29 Sep; training package endorsed
Queensland, New South Wales, South Australia and Victoria aim to implement new Heavy Vehicle Driver Fatigue laws on 29 September 2008. As part of this, the Australian Transport Council has endorsed a training package for driver fatigue accreditation. More.

SA, NSW, QLD, VIC – Transport - New fatigue laws from 29 Sep; training package endorsed
South Australia, New South Wales, Queensland and Victoria aim to implement new Heavy Vehicle Driver Fatigue laws on 29 September 2008. As part of this, the Australian Transport Council has endorsed a training package for driver fatigue accreditation. More.

TAS - Changes to Certificates of Competency from 1 July
As part of new national licensing arrangements, new requirements for High Risk Work licences take effect on 1 July. Mine winder operators no longer need a certificate of competency. More.

TAS – Chemicals – Dangerous substances regulations still being revised
Revised dangerous substances regulations are still being drafted. More – Click here and go to page 8.

VIC – Construction - New construction laws from 1 July
New OHS regulations for the construction industry will apply from 1 July 2008. The new laws are consistent with the National Standard for Construction Work and include specific OHS responsibilities for principal contractors, employers, employees and self-employed people. More.

VIC – Construction – Induction training mandated; Vic now nationally consistent
WorkSafe Victoria has mandated the National Code of Practice for Induction for Construction Work. It takes effect on 1 July. This will mean that all Australian jurisdictions have nationally consistent induction training. More.

VIC – Electricity – New wiring rules become mandatory on 1 July
The new Wiring Rules, AS/NZS 3000:2007, will be mandated on 1 July 2008. More.

VIC – High risk work - New licences required for high risk work
People who operate forklifts, cranes and other high risk equipment, and those who are required to have ‘Certificates of competency’ or ‘tickets’, need to obtain a new 'Licence to Perform High Risk Work’. Certificates issued between July 1978 and 30 June 1990 expire during 2008. More.

VIC, SA, NSW, QLD – Transport - New fatigue laws from 29 Sep; training package endorsed
Victoria, New South  Wales, Queensland and South Australia aim to implement new Heavy Vehicle Driver Fatigue laws on 29 September 2008. As part of this, the Australian Transport Council has endorsed a training package for driver fatigue accreditation. More.

WA – Electricity – ‘Live work’ to be prohibited
Under a new Code of Practice issued by Energy Safety, electrical work on equipment operating at mains voltage will be prohibited in most cases. More.

WA – High risk work - Licences required for high risk work from Oct
Workers doing high risk work need to obtain a licence to do that work. As part of the new National Standard for Licensing Persons Performing High Risk Work, which replaced National Certificates of Competency last year, some workers will need the new licence by September 30. More.

NZ – Hazardous substances – Changes proposed to Group Standards – Closed for comment
The Environmental Risk Management Authority (ERMA) is proposing minor changes to a large number of Group Standards. Changes to separation distances, trigger quantities, low/high intensity use areas, child resistant packaging and definitions are included. Comments have closed. More.

Legislation - Upcoming (from previous bulletins)

Australia – Chemicals – Changes to disinfectant regulations proposed
See Apr 2008 bulletin.

Australia – Rail - National rail reform package approved
See Apr 2008 bulletin.

NSW – Mining – New laws to take effect on 1 Sep
See Feb 2008 bulletin.
     
QLD – Licensing – Paper tickets not valid after 1 July
See Apr 2008 bulletin.

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

NZ – Hazardous substances – New Group Standards to start on 1 July
See Feb 2008 bulletin.

 

Legislation - Under review

TAS – Chemicals – Training course for bulk dangerous goods drivers developed – Closed for comment
The Tasmanian government has developed a training course for licensed drivers of bulk dangerous goods.  It will be listed on the National Training Register and is planned to be accredited by 1 July. More.

Legislation - Under review (from previous bulletins)


Australia – Plant – Comcare proposes to recognise lifts as plant – Closed for comment
See Apr 2008 bulletin.

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

NSW – Clothing – Clothing factory regulations under review – Closed for comment
See Apr 2008 bulletin.

NSW – Licensing - Formwork and explosive powered tools regulations under review – Closed for comment
See Apr 2008 bulletin.

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

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

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

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

Top

Publications - Drafts

Australia – OHS – International risk management standard drafted – Closed for comment
The International Organisation for Standardisation has released a draft standard on Risk Management, cited as Draft ISO 31000 or DIS 31000. It includes many of the main features of the Australian Standard, AS 4360 Risk Management. When implemented, ISO 31000 is expected to replace AS 4360. Comments have closed. More.

Australia – Chemicals and plastics – Draft research report into plastics and chemicals published – Closed for comment
See Apr 2008 bulletin.

Australia – Chemicals – Draft report on controlling security-risk chemicals published – Closed for comment
See Apr 2008 bulletin.

Australia – Construction – Draft falls code for housing construction published –
Open for comment until 31 Jul
The Australian Safety and Compensation Council (ASCC) has published the Draft National Code of Practice for the Prevention of Falls in Housing Construction and is seeking comments. Comments close 31 July 2008. More.

Australia - Explosives - Revised draft code for road and rail transport released – Closed for comment
See Apr 2008 bulletin.

NSW – Construction - Revised code for roof work published – Closed for comment
WorkCover is updating the Safe Work on Roofs Code of Practice and has released a draft of the new version. Comments have closed. More.

VIC – OHS - Nine draft compliance codes published – Closed for comment
WorkCover has released nine draft Compliance Codes. These give practical guidance to people who have duties or obligations under OHS legislation in the following areas:

  • Communicating Health & Safety Across Languages
  • Workplace Amenities and Work Environment
  • First Aid in the Workplace
  • Confined Spaces
  • Prevention of Falls in General Construction
  • Lead
  • Foundries
  • Management of Asbestos in Workplaces
  • Removal of Asbestos in Workplaces

Comments have closed. More.

VIC – Livestock – Draft guidelines on livestock road transport published – Closed for comment
The Department of Primary Industries (DPI) has drafted new standards and guidelines for the land transport of livestock. They are based on current national Model Codes of Practice for the Welfare of Animals: Land Transport. Comments have closed. More.

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

News

Campaigns

QLD – Rural - ROPS laws to be enforced
Workplace Health and Safety inspectors will be doing workplace audits to ensure roll over protective structures (ROPS) are installed on moving machinery when required. Prohibition notices will be issued when necessary and equipment will be removed from service. More.

SA - Campaign on machine guarding underway
As part of a national campaign, SafeWork is running a campaign to improve machine guarding in manufacturing. More.

Fines and prosecutions

NSW - $275,000 fine for not acting on power line risk before fatal crane incident
A rail company has been fined $275,000 after a worker was killed when his crane contacted overhead power lines. The judge deemed that the risk was obvious and foreseen. More.

NSW – Lack of sub-contractor safety checks leads to death, $215,000 fine
A sub-contracting company has been fined $215,000 and its director convicted after a supervisor was killed. Pre-cast wall panels on level three collapsed, crushing the worker. No checks were made on the temporary supports. More.

NSW – Gas bottle explosion leads to $120,000 fine
An air conditioning company has been fined $120,000 after gas bottles in a service vehicle exploded and caused a fire. The company had previously been issued with Improvement Notices to improve vehicle ventilation. More.

NSW - $95,000 fine for leasing machinery without safety equipment and instructions
A NSW equipment hire company and its director have been fined $95,000 and $9,500 respectively after it leased an elevating work platform without a harness or adequate safety instruction. A person in a cherry picker died after receiving an electric shock and falling to the ground. More.

QLD - Construction company fined $60,000 after fatal trench collapse
A Nambour-based construction company has been fined $60,000 plus costs after a plumber was killed when a trench collapsed. The risk had previously been identified. More.

QLD - $33,000 fine after worker falls five metres through fibro sheet
A plumbing and roofing company has been fined $33,000 after a worker replacing a skylight fell about five metres onto concrete.The worker was not wearing a harness or lanyard and no other fall protection was in place. More – click here and go to ‘Fall protection not used’.

QLD – Dive company fined $15,000 and director convicted after diver’s death
A recreational dive training company has been fined $15,000 and a former company director placed on a 12 month good behaviour bond after a diver died.  More – click here and go to ‘Essential inspections’.

QLD - Enforceable undertaking required after fall from platform
A manufacturing company has completed an enforceable undertaking after a worker was knocked from a platform. As part of the undertaking, the company’s OHS management system was audited by an independent third party, it implemented a comprehensive OHS training program and it held a Family Safety Day at the Beaudesert Showgrounds to promote home and workplace safety. More – click here and go to ‘Enforceable undertaking’.

SA – Proprietor fined $46,000 over electrocution death

The proprietor of a sign installation company has been fined more than $46,000 after one of his workers was electrocuted, and a second was put at risk. The killed worker touched live wires with a sign he was holding. View media release.

SA - $38,000 fine for pressure plate blast to worker
A pipeline installation company has been fined more than $38,000 after a build up of compressed air in a pipeline led to severe injuries to a worker. The worker hasn’t returned to work. More.

SA – Packaging company loses $30,000+ after hand crush and burn
A major packaging manufacturer has been fined $25,000 plus costs of nearly $6,500 after an employee’s hand was crushed and burnt. More – click here and go to page 2.

SA – Toppling crane leads to $26,000 fine
A metal recycling company has been fined $26,000 after a crane toppled during unloading operations. The driver wasn’t certified to operate the crane. View media release.

SA - $18,000 fine after crane toppled during unloading
A new company owner has been fined $18,000 after a crane toppled during unloading. The new owner relied on existing staff’s knowledge for safety procedures and plant integrity. More.

SA – Builder fined $16,000 after apprentice falls from deck
A builder has been fined $16,000 after an 18 year old apprentice fell three metres from a deck, suffering two crushed vertebrae. A temporary handrail had been removed. View media release.

SA - $15,000 fine for fireworks incident
A pyrotechnics company has been convicted and fined $15,000 over a city fireworks incident. Partly due to mislabeling, a firework overshot the allocated safety area and hit a person in the head. View media release.

TAS – Poor truck maintenance leads to death of logging truck driver
A company’s failure to maintain a prime mover has led to the death of a driver after the brakes failed. The trailer also had worn tyres and track rod bushes. The employer was fined $10,000 plus costs. More – click here and go to page 18.

TAS - $7,000 fine for amputated fingers
An unguarded band saw has led to a worker losing two fingers and suffering multiple lacerations. The employer has been fined $7,000. More – click here and go to page 19.

TAS - $5,000 fine for skylight fall
A roofing company has been fined $5,000 after an employee fell through an unprotected skylight, suffering multiple fractures. The worker was not wearing a safety harness or fall protection device. More – click here and go to page 19.

TAS – Shotfirer’s permit revoked for dangerous goods breaches
A shotfirer’s licence has been cancelled for breaching a number of dangerous goods obligations. Inadequate security, poor record keeping and failing to notify the local council of blasting were amongst the breaches. More – click here and go to page 11.

VIC – Record $400,000 fine for truck driver death; 16 year old forklift driver unlicensed
A company has been fined $400,000, the largest fine for a single OHS breach, after a truck driver was killed during loading. A 16 year old unlicensed forklift driver was doing the loading when a 550 kg module hit the driver. More. Also see case brief in this bulletin.

VIC - $40,000 fine after excavator hits power line and brings down line
A company has been fined $40,000 after an excavator hit overhead power lines, bringing one line down and destabilizing a power pole. An untrained spotter was distracted by pedestrians.  More.

VIC – Conviction and $25,000 fine after excavator hits underground power line
A civil contracting company has been convicted and fined $25,000 after a sub-contractor’s excavator cut through a live underground power line in Melbourne’s CBD. View media release.

VIC – Enforceable undertakings made over forklift incident
A Victorian fruit and vegetable company has been required to donate $5,000 to a charity and have the company's principal attend a five day OHS course after a forklift incident in a public car park. More.  

WA - Winery fined $60,000 over unguarded machinery
A winery has been fined $60,000 for failing to guard a slasher. While clearing grass from around the slasher, an employee’s foot was dragged into moving parts. More.

WA - $35,000 fine over tilt-up panel death
A builder has been fined $35,000 after a concrete tilt-up panel collapsed, crushing and killing a worker. The court case had previously been dismissed and WorkSafe appealed. More.

WA - Labour hire company fined $27,500 over lack of guarding
A labour hire company has been fined $27,500 after a labour hire worker's fingers were partially amputated in an unguarded machine at a host workplace. The court deemed that the labour hire company did not ensure the host workplace was safe. The host company was also fined $30,000. More.

WA - $16,500 fine for injury and failure to report it
A food distribution company has been fined $16,500 after an occy strap recoiled and hit a worker in the temple, fracturing his eye socket. The employer did not report the incident. More.

NZ – $170,000+ after worker crushed by logging truck
A Gisborne company has been fined $150,000 and ordered to pay $22,000 in reparations to a worker after he fell from a work platform and was crushed by a logging truck. Staff had warned the employer the platform was unsafe. Similar incidents had previously occurred. More.

NZ – Orchardist to pay $20,000 after fall from trailer
A company partner has been given a $20,000 sentence after a worker fell from a trailer she was riding on and had both legs fractured when it ran over her. The trailer was attached to a tractor driven by the partner. More.

NZ – Worker pays $4,000 for skylarking with chainsaw
A worker has been fined $2,500 and ordered to pay $1,500 reparations to a colleague after slashing him on the legs while skylarking with a chainsaw. More.

Other news

Australia – OHS – Data reports on OHS issues published
The Australian Safety and Compensation Council has released the following reports:
- Work-related traumatic injury fatalities, Australia, 2004–05
- Notified Fatalities Statistical Report July 2007 to December 2007
- Occupational Disease Indicators, April 2008. View media release. View key findings from each report - click here and go to page 10.

Australia - Chemicals - HSIS being updated
The on-line Hazardous Substances Information System (HSIS) has been updated. The HSIS allows users to find information on hazardous substances. The update includes 458 amendments to existing entries and 454 new entries. View database.

Australia – Chemicals - Review into atrazine herbicide published
The Australian Pesticides and Veterinary Medicines Authority (APVMA) has concluded its review into the herbicide atrazine. The review supports its continued registration and use, but suggests labelling changes to reduce environmental risks. More.

Australia – Construction - National code of practice for prevention of falls declared
The Australian Safety and Compensation Council (ASCC) has declared the National Code of Practice for the Prevention of Falls in General Construction (“General Falls Code”). It encourages a nationally consistent approach to fall prevention in the construction industry and gives guidance on meeting obligations under the National Standard for Construction Work. More.

Australia – Construction - Construction induction training now consistent nationally
Induction training for construction work is now consistent across all Australian jurisdictions. This follows WorkSafe Victoria’s mandating of the National Code of Practice for Induction for Construction WorkMore.

Australia – Construction – National Subby Pack published
The Office of the Federal Safety Commissioner has released its OHSE Subby Pack. It gives a practical example of a construction safety management system and is consistent with the National Standard for Construction. More.

Australia Construction – ‘Promoting safe construction' booklets released
The Office of the Federal Safety Commissioner has released a series of booklets that give a framework for including safety initiatives into construction projects. Download booklets.

Australia – Construction - Project Safety Audit criteria released
The Office of the Federal Safety Commissioner has released its Project Safety Audit (PSA) criteria. These are used to review accredited builders on projects that are within the scope of the Australian Government Building and Construction OHS Accreditation Scheme. More - click here and go to 'Project Safety Audit Criteria'. View criteria.

Australia - Explosives - Submissions on new explosives code published
The Australian Safety and Compensation Council has published comments it received on the draft Australian Code for the Transport of Explosives by Road and Rail (3rd edition). The code is expected to be finalised later in 2008. More.

ACT – OHS - Users guide to OHS Regs published

WorkCover has released a users guide to the OHS (General) Regulations 2007. View guide.

NSW – Construction - Free construction safety workshops available for small businesses
WorkCover is holding interactive workshops for small construction businesses to help them develop and/or improve OHS, workers compensation and injury management systems. The free all-day workshops are on 25 June and 23 July in Sydney. View invitation.

NSW – Demolition – Fair trading licences no longer required
Demolition contractors are no longer required to hold a Fair Trading licence. View media release.

QLD – OHS - Better work-life balance survey
The University of Queensland, in conjunction with the Department of Employment and Industrial Relations has designed a free questionnaire to help employers evaluate and improve their work-life balance policies. View survey.

QLD – Mining and quarrying - Summary of reported incidents published
The Department of Mines and Energy has issued a summary of reported incidents between 1 January and 15 March 2008. View report.

QLD – Mining and energy - Serious accidents and high potential incidents report released
The Department of Mines and Energy has released its report into serious accidents and high potential incidents for March. View report.

QLD – Rural - Rural Industry Action Plan released
Workplace Health and Safety has released the Rural Industry Action Plan for 2008–10. Its aim is to reduce fatalities and injuries in the rural industry. More.

QLD – Rural - Rural fact sheets now online
A series of Workplace Health and Safety rural fact sheets are now available online. Topics include plant and equipment; chemicals, pesticides and dangerous goods; animal handling; general rural responsibilities; and health issues. More.

QLD – Rural - Free on-property OHS workshops available
Workplace Health and Safety and Farmsafe are offering free on-property OHS workshops for the rural industry. Safety advisers will discuss OHS issues with groups of producers. More.

SA – OHS - Small OHS grants available
SafeWork is offering grants of up to $50,000 to individuals and organisations to develop
and apply solutions to workplace hazards or risks. The projects must be done in SA for the benefit of SA workers and workplaces, and are usually required to be completed within 12 months. More – click here and go to page 6.

SA – Outdoor work – Skin cancer publications released
The SA Cancer Council has published two new publications to help reduce skin cancer risks in outdoor workers. Skin cancer and outdoor work a guide for employers and Skin cancer and outdoor work – a guide for working safely in the sun are available free from the Cancer Council, phone 13 11 20. More – click here and go to page 6.

TAS – OHS - Free in-confidence OHS advice available
Employers with less than 200 employees can get free face-to-face OHS advice from independent, qualified OHS professionals. More.

TAS – Chemicals - Dangerous substances guidelines being developed
Workplace Standards is developing a series of guidelines to help occupiers of dangerous substances locations and major hazard facilities transition from the Dangerous Goods Act 1998 to the new legislation when it is proclaimed. More – Click here and go to page 8.

VIC – OHS – Asset owners encouraged to register underground assets
Energy Safe Victoria is encouraging all owners of underground assets (eg cables and pipes) to register the locations with Dial Before You Dig, to prevent injuries/deaths and asset damage. More.

VIC – Construction - Information on new construction regulations published
WorkSafe has added FAQ’s on the new construction regulations to its website. FAQ’s include those asked by employers, self-employed people, principal contractors, employees and site visitors. View website. A list of registered training organisations providing construction induction training has also been added.  View list.

VIC – Construction - New sample site induction checklist available
WorkSafe has added a Sample Site Induction Checklist to its website, to help people comply with the new regulations. View checklist.

VIC – Electricity – Information sessions on new Wiring Rules to be held
Energy Safe Victoria is running information sessions on the new Wiring Rules. Sessions will be held in June in metropolitan Melbourne. More.

VIC – Livestock – Publication on separating cattle and people at saleyards released
WorkCover has released a publication which gives simple design solutions for preventing injuries while loading cattle at saleyards. More.

VIC – Rural - New All Terrain Vehicle handbook released
WorkSafe has released a handbook that outlines legal requirements and strategies for the safe operation of All Terrain Vehicles on farms. More.

VIC – Transport - VicRoads launches Heavy Vehicle Route Maps
Maps of approved routes and areas of operation are now available online, to help heavy vehicle operators plan routes. More.

WA – OHS – Risk management checklists updated
WorkSafe has updated its risk management checklists for manual handling, forklifts, slips and trips and other common hazards. The checklists are useful tools to help spot workplace hazards and assess risks. There is also a checklist to help set up an OHS management system.View checklists.

WA – OHS - New guidance note on alcohol and other drugs published
WorkSafe has released a new guidance note on alcohol and other drugs in the workplace. View note.

WA – Gas fitting – Rubber-lined hoses banned for LPG in vehicles
The government has banned the use of some rubber-lined hoses for LPG installations in vehicles, as they may damage or cause failure to the converter. More.

WA – Major hazard facilities - Guide for preparing safety report published
The Department of Consumer and Employment Protection (DOCEP) has published a guide for preparing a safety report if a place is classed as a major hazard facility. The guide provides a template for the reports and complies with the Dangerous Goods Safety (Major Hazard Facility) Regulations 2007. More.

WA – Transport – Driver fatigue laws still being flouted
A WorkSafe roadblock has found that mandatory rest breaks are still not being taken by many commercial vehicle drivers. During the roadblock, 12 improvement notices and ten prohibition notices were issued to drivers. More.

NZ – Hazardous substances - Revised HSNO guide published
ERMA has revised the User Guide to Thresholds and Classifications under the HSNO Act.
More.

NZ – Timber - Study on dioxin exposure in timber workers published
The Department of Labor has released research on health outcomes for timber workers exposed to pentachlorophenol (PCP), which was used in sawmills until 1988.The Department is advising timber workers with past exposure to PHP to see their doctor about any health concerns. 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.

Underground work - New case study on underground work published
The Office of the Federal Safety Commissioner (OFSC) has released a case study on working safely when doing underground work, particularly when working near electricity. Download case study.

OHS – Review of record $400,000 fine
A record fine for a single OHS breach was imposed on a company with a sole proprietor and shareholder in April. Read case study.

View other 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.