August 2008

Case briefs

Legislation - Upcoming (from previous bulletins)

Australia – OHS – COAG commits to OHS harmonisation
See Jun 2008 bulletin.

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

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

NSW, QLD, SA, VIC – Transport - New fatigue laws from 29 Sep; training package endorsed
See Jun 2008 bulletin.

TAS – Chemicals – Dangerous substances regulations still being revised
See Jun 2008 bulletin.

VIC – High risk work - New licences required for high risk work
See Jun 2008 bulletin.

VIC, SA, NSW, QLD – Transport - New fatigue laws from 29 Sep; training package endorsed
See Jun 2008 bulletin.

WA – High risk work - Licences required for high risk work from Oct
See Jun 2008 bulletin.

NZ – Hazardous substances – Changes proposed to Group Standards – Closed for comment
See Jun 2008 bulletin.

Legislation - Under review

ACT – OHS – OHS Act being revised – Closed for comment
The OHS Council is proposing to repeal the existing Occupational Health and Safety Act 1989 and develop new legislation. An exposure draft of the Work Safety Bill 2008 has been published. Comments have closed. More - Click here and go to 'Consultation - Draft Revised ACT OHS Laws'.

ACT – Liquor – Liquor discussion paper published – Closed for comment
A Discussion Paper on ACT’s liquor laws has been published. It raises various alcohol-related issues and puts forward possible changes. Comments have closed. View paper.

SA – First aid - Regulations under review – Open for comment until 12 Sep
As part of the scheduled review of the Occupational Health, Safety and Welfare Regulations 1995 (OHSW Regulations), section 2.11.1 of the OHSW Regulations, as well as the Occupational Health and First Aid Regulation and the Approved Code of Practice for Occupational Health and First Aid 1991, are being reviewed. Comments close 12 September. More.

TAS – Chemicals – Blasting explosives to be classed as ‘security sensitive’
A Bill to amend the Security-sensitive Dangerous Substances Act 2005 is before Parliament. The Bill will mean certain explosives (mainly blasting explosives) will be classed as ‘security sensitive’ substances. More – Click here and go to p. 3.

WA – Electrical equipment - Changes to testing and tagging laws on construction and demolition sites underway
The Occupational Safety and Health Regulations are being amended so that testing and tagging of portable electrical equipment and RCDs on construction sites can be done by a competent person. More – Click here and go to p. 6.

Legislation - Under review (from previous bulletins)

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

ACT – Chemicals – Dangerous Substances Act 2004 to be reviewed
See Nov 2007 bulletin.

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

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

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

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

TAS – Chemicals – Training course for bulk dangerous goods drivers developed
See Jun 2008 bulletin.

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

Publications - Drafts

Australia – Chemicals - Draft code for retail storage of S5 and S6 products released
The Therapeutic Goods Administration has published a draft Code of Practice for the retail storage of Schedule 5 and 6 products. The Code gives guidance to manufacturers and retailers on safely storing these products, considering the risk of a child accidentally ingesting them. It applies to containers of 5 kg/L capacity or less. More.

Australia - Construction – Draft Code on preventing falls in housing construction released - Closed for comment
The Australian Safety and Compensation Council (ASCC) has published the draft National Code of Practice for the Prevention of Falls in Housing Construction. Comments have closed. More.

TAS – Mining – Draft code for underground mining published
Workplace Standards has published a draft Code of Practice for Applicable Standards for Underground Mining and Associated Operations. The Code explains how responsible persons can meet their general duty of care obligations. It applies to underground mining and adjacent associated surface processing operations but excludes downstream processing facilities at another site. View draft.

WA – Plant - Draft code on safeguarding machinery and plant released – Open for comment until 10 Oct
The Commission for Occupational Safety and Health is seeking public comment on the draft code of practice for safeguarding of machinery and plant. This code will replace the revoked Australian Standard AS 4024.1 Safeguarding of Machinery- Part 1 General Principles. More – Click here and scroll to bottom of page. View code.

Publications - Draft (from previous bulletins)

Australia – OHS – International risk management standard drafted
See Jun 2008 bulletin.

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

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

Australia – Construction – Draft falls code for housing construction published – Closed for comment
See Jun 2008 bulletin.

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

NSW – Construction - Revised code for roof work published
See Jun 2008 bulletin.

VIC – OHS - Nine draft compliance codes published
See Jun 2008 bulletin.

VIC – Livestock – Draft guidelines on livestock road transport published
See Jun 2008 bulletin.

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

News

Campaigns

VIC - WorkSafe's 2008/09 inspection program announced
WorkSafe has announced the industries and locations it will be targeting in 2008/09. They have been chosen based on past incidents and compensation claims. Industries include:

• Agriculture
• Moulded and fabricated metals
• Emergency services and prisons
• Food and beverage
• Road freight transport
• Chemical storage
• Vehicle and parts manufacture
• Welfare services
• Wood products manufacturing.

Specified regions in metropolitan and regional Victoria will be visited by inspectors. More.

Fines and prosecutions

NSW - $190,000 fine after worker electrocuted
A company has been fined $190,000 after it failed to enforce safe work systems, leading to the electrocution of a worker. More.

NSW - Abattoir fined $100,000 over injured worker
An abattoir has been fined $100,000 after a worker was injured by a conveyor. More.

SA - $390,000 to former teacher for excessive workload and bullying
A former SA school teacher has received more than $390,000 in damages after a court found he had been overworked, bullied and victimised. Damages were awarded for loss of earnings, reputation and dignity. More – click here and go to 'Former SA teacher gets $390k payout for excessive workload and bullying'.

SA - $47,000 fine for two OHS breaches
A soda ash manufacturer has been fined $47,000 over two separate incidents. Workers were exposed to ammonia gas, and were also endangered from an exploding pressure vessel. More.

QLD – Crane company fined $20,000 after fatal fall
A crane company has been fined $20,000 after a lone worker fell 50m and died. The crane’s jib had not been fitted with a static line, the worker was not wearing a harness, and there was no adequate rescue system.  The hazard had previously been identified. More.

TAS - $50,000 fine after two killed from waste oil tank explosion
A waste management company has been convicted and fined $50,000 after two workers died at its waste oil recycling facility. They were welding a tank of waste oil/water, which exploded. More – Click here and go to p. 22.

TAS - $30,000 fine after worker dies under rail wagon
A railway maintenance company has been fined $30,000 after one of its workers was crushed when working underneath a wagon. More – Click here and go to p. 23.

TAS – Unguarded rollers lead to finger amputations, $16,000 fine
A food manufacturing company has been fined $16,000 after a worker’s hand was crushed between two rollers. The guard had been removed from the machine. This is the company's second conviction over the same machine. More – Click here and go to p. 22.

TAS – Crash of ship loading boom leads to $12,500 fine
A logging company has been fined $12,500 after a boom crashed onto a ship. No-one was injured. More – Click here and go to p. 23.

VIC - $720,000 for injured security guard
A security guard injured while evicting a drunk patron has been awarded more than $720,00 in damages from his former employer. The court deemed the company failed to give proper training, do an adequate risk assessment for evicting patrons and have a safe system of work. View decision.  

VIC - Companies fined $128,000 over landfill death
Two companies were convicted and fined $128,000 after a man was crushed by a shipping container which fell off the back of a truck. More.

VIC - $100,000 fine for injuries to s.457 visa workers
Serious injuries to two workers employed on section 457 visas has led to a company being fined $100,000 for seven OHS breaches. One worker was forced to return to work with a broken arm, and subsequently injured the other. This is the first Australian OHS prosecution in relation to s.457 workers. Read WorkSafe's media release. Read news report.

VIC - Farming company fined $40,000 over crushed worker
A farming company has been fined $40,000 after a worker was crushed by a tractor. The worker suffered a dislocated hip and a fractured pelvis and ankle when the tractor he was repairing rolled into him. More.

VIC - $17,000 fine for lack of fall protection following plasterer’s death
A building company and its director have been convicted and fined $17,000 for inadequate fall protection at a home renovation. A plasterer had a stroke when working at height; the lack of fall protection led to him falling 2.4 metres to his death. More.

VIC - $12,500 fine after worker falls to his death
A grain company has been fined $12,500 after a truck driver fell 3.5m from a grain tanker and died. He was not wearing a safety harness. More.

WA - Death from exploding tyre leads to $26,000 fine
An employer has been fined $26,000 after a worker in a mechanical workshop died when a backhoe tyre burst from the rim. The worker was thrown eight metres into the air from the rupture. More.

WA - Crane hire company fined $2,500 over inappropriate tilt-up concrete work
A crane hire company has been fined $2,500 for not following the correct procedure when bracing concrete tilt-up construction panels. More.

NZ – Electrical construction company convicted and fined $62,500 over electrocution
A New Plymouth electrical construction company has been convicted and fined $62,500 for OHS offences after the death of a line mechanic. The worker was connecting a cable onto a live low voltage overhead conductor. More.

NZ – Tractor death leads to $40,000 in reparations
An employer has been ordered to pay $40,000 in reparations to a killed employee’s family. The young worker died when his tractor rolled over. More.

Other news

Australia – OHS - ASCC to be replaced with tripartite body by late 2008
Workplace Relations Ministers have agreed to replace the Australian Safety and Compensation Council (ASCC) with a body that will have tripartite representation and will be jointly funded by the Commonwealth, states and territories. It is planned that it will start in late 2008. More – click here and go to ‘ASCC replacement to be tripartite, operating by late 2008’. View WRMC Communiqué. 

Australia – Asbestos - Large asbestos survey underway
The largest asbestos survey and research program to be done at a single Australian work site is underway.  The research will focus on a Tasmanian site where asbestos was used and manufactured between 1947 and 1986. An OHS historian is amongst the researchers. More.  

Australia – Building maintenance – New Essential Safety Measures Maintenance Manual now available
The fourth edition of the Essential Safety Measures Maintenance Manual is now available. It is targeted to people responsible for maintaining buildings. More.

Australia – Chemicals – HSIS to be updated
The Australian Safety and Compensation Council (ASCC) is about to update the list of classified hazardous substances on the Hazardous Substances Information System (HSIS). The update comprises 465 amendments to existing entries and 454 new entries. More.

Australia - Comcare – HSMAs due by 15 Sep
Employers insured under Comcare need to complete Health & Safety Management Agreements (HSMAs) by 15 September 2008. More.

Australia - Comcare – FAQ’s on new OHS code published
Comcare has added FAQ’s on the latest changes to OHS code to its website. More.

Australia – Construction - New fact sheets on small business and subcontractor OHS released
The Office of the Federal Safety Commissioner has released two new fact sheets. One gives advice on how the Australian Government Building and Construction OHS Accreditation Scheme may apply to small business operators and residential builders. The other gives information on subcontractor OHS management as it relates to the Scheme. More - Click here and go to 'New fact sheets released on small business and subcontractor OHS'.

Australia – Construction - Guide to safety leadership released
The Office of the Federal Safety Commissioner has released A Practical Guide to Safety Leadership, which explains how to improve safety culture on construction sites. It is a follow up to the publication A Construction Safety Competency Framework: Improving OH&S performance by creating and maintaining a safety culture. More – Click here and go to ‘FSC launches A Practical Guide to Safety Leadership’. View guide.

Australia – Construction – Safe design web page launched
The Office of the Federal Safety Commissioner has developed a web page about safe design. View page.

Australia – Stevedoring – National approach to OHS being developed
In response to OHS issues on the waterfront, a stevedoring technical group has been established. It met for the first time in June. More.

Australia – Training - Guidelines for integrating OHS into training packages published
The Australian Safety and Compensation Council (ASCC) has released Guidelines for Integrating OHS into National Industry Training Packages. These guidelines can help training developers and support material writers when developing training. More.

ACT – Non-potable water - Information bulletin on workplace use published
WorkCover ACT has released an information bulletin on the use of non-potable water in the workplace. View bulletin.

NSW – Major hazard facilities - New safety controls in place
New safety controls for major hazard facilities have been implemented to reduce the risk and consequences of major incidents. Under the new regulations, any site classed as a Major Hazard Facility will need to provide a safety report that justifies the measures taken to ensure the facility's safe operation. Facilities are also required to have a safety management system, security plan and emergency plan. More.

NT – OHS – New laws now in place
The new Workplace Health and Safety Act and the Workers Rehabilitation and Compensation Act commenced on 1 July 2008, replacing the Work Health Act. The Workplace Health and Safety Act extends OHS onto mine sites and mining activities. More.

QLD – OHS - Occupational disease strategy developed
Workplace Health and Safety has published the Occupational Disease Strategy 2007 – 2010, in response to the eight priority occupational diseases that have been identified nationally. View strategy.

QLD – OHS - Musculoskeletal framework 2007-10 developed
Workplace Health and Safety has developed a musculoskeletal framework, with a view to ensuring better work-related musculoskeletal health. The Department of Employment and Industrial Relations has recognised musculoskeletal disorders as a priority target for 2004-2012. View framework.

QLD - Construction and Maintenance - Information seminars on new Traffic Management Code of Practice to be held in August
Workplace Health and Safety is holding free two hour seminars on the new Traffic Management for Construction or Maintenance Work Code of Practice in August. More.

QLD - Plant - Paper type 'tickets' no longer valid
Paper type 'tickets' to operate certain types of plant and equipment are no longer valid. More.

VIC – OHS - Alliance of OHS professional and educational bodies established
WorkSafe has formed an alliance with OHS professional and educational bodies, called the Health and Safety Professionals Alliance (HaSPA). More.

VIC – OHS - Work-related depression common
A University of Melbourne study has found that almost one in six cases of depression in working Victorians (more than 21,000 cases each year) are caused by job stress. More.

VIC – Construction - Builders failing working at height requirements
A campaign targeting fall prevention in the construction industry has led to the issuing of 37 Prohibition Notices and 26 Improvement Notices. More.

VIC - Cranes - New handbook on bridge and gantry cranes published
WorkSafe has published a new handbook that gives guidance on the safe and effective use of bridge and gantry cranes. A poster is also available. Download handbook.

VIC – Rural - Dangerous tractors still found on Victorian farms
Farm inspections have found that some Victorian farms still have tractors without rollover protection.  More.

VIC – Stevedoring - Three new WorkSafe handbooks published
WorkSafe has published three new handbooks related to OHS on the waterfront:

1. Working safely on the waterfront – explains necessary OHS standards
2. Working safely with containers – gives options to address identified risks in handling containers
3. Working safely with general cargo steel products – gives options to address identified risks in handling steel products.

WA – OHS - Free lunchtime OHS info sessions being held
WorkSafe is holding a series of lunchtime OHS forums. The sessions are free and cover a range of OHS topics. They are held in various places in metropolitan Perth. View program.

WA – Agriculture - OHS workbook released
WorkSafe has published the Agriculture Workbook,to help workers in the agricultural sector reduce the likelihood of injuries and adverse health effects from their job. View Agriculture Workbook and checklist.

WA – Construction - Guidance note on scaffolder fall prevention issued
WorkSafe has released a guidance note on fall prevention for scaffolders. It gives guidance on managing OHS hazards when constructing scaffolding, as well as some of the legal requirements. View guidance note.

WA – Design - Code of Practice on safe design launched
The Commission for Occupational Safety and Health has published a new code of practice on the safe design of buildings and other structures, the first of its kind in Australia. The code aims to help people involved in designing buildings or other structures to meet their OHS legal obligations. View code.

WA – Plant - New forklift guidance note published
The Commission for Occupational Safety and Health has updated its guidance note on working safely with forklifts so that it is consistent with new laws on high risk work. View guidance note.

NZ – OHS – Flexible working hours laws now in place
New laws commenced on 1 July which allow employees with caring responsibilities to ask their employers for flexible working arrangements, once they have worked for a company for six months. More.

NZ – Hazardous substances – Guidelines on determining thresholds and classifications published
The Environmental Risk Management Authority has published a Users Guide on how to determine thresholds and classifications for hazardous substances. More.

NZ – Refrigerants – Fact sheet on safe refrigerant use published
A fact sheet on the safe use of hydrocarbon refrigerants has been published. It includes information on the need for safe design of plant and control systems, adequate maintenance and safe operating practices. More.

Case briefs

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