October 2008

Case briefs

Legislation - Upcoming changes (from previous bulletins)

Australia – OHS – Issues paper on national OHS model laws published – Closed for comment
See Aug 2008 bulletin.

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

Australia – Mining – National Mine Safety Framework in development – Closed for comment
See Aug 2008 bulletin.

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

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

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

ACT – Liquor – Liquor discussion paper published – Closed for comment
See Aug 2008 bulletin.

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

SA – First aid - Regulations under review – Closed for comment
See Aug 2008 bulletin.

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

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

VIC – Chemicals – Tighter controls on chemicals and equipment proposed to curb illicit drug manufacture – Closed for comment
See Aug 2008 bulletin.

WA – Electrical equipment - Changes to testing and tagging laws on construction and demolition sites underway
See Aug 2008 bulletin.

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

Publications - Drafts

Australia – Construction - Comments on draft Code of Practice for the Prevention of Falls in Housing Construction published
The Australian Safety and Compensation Council’s (ASCC) has published submissions it received on the draft National Code of Practice for the Prevention of Falls in Housing Construction. View media release. View submissions.

NSW – Construction – Implementation of national induction code under consideration – Closed for comment
WorkCover is considering implementing the National Code of Practice for Induction for Construction Work. Comments have closed. View discussion paper.

WA – Plant - Comment sought on machinery and plant guarding – Open for comment until 10 Oct
The Commission for Occupational Safety and Health is seeking public comment on a draft code of practice for safeguarding machinery and plant. Comments close 10 October 2008. Read more. View draft Code.

Publications - Drafts (from previous bulletins)

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

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

WA – Cabinet making - Inspections underway until Dec 2008
WorkSafe inspectors will be visiting WA cabinet makers until December. They will give information on how to comply with OHS laws and will be looking for safety risks, particularly in the areas of: electricity; hazardous substances; manual handling; machinery guarding; instruction, training and supervision. More.

WA – Hospitality - Inspections in hospitality industry until Nov 2008
WorkSafe inspectors will be visiting metropolitan and regional pubs, bars and taverns until November 2008. The inspections aim to raise awareness and understanding of risk management. More. 

Fines and prosecutions

NSW - $180K fines for building site death
A building company and an engineering company have each been fined $180,000 over the death of a worker on a Sydney building site. The trainee rigger became trapped between a steel beam and the crane platform, then fell six metres, as his safety harness was not attached. More.

NSW – Joint coal mine operators fined $140,000 each over death
Joint operators of a coal mine have been fined $140,000 each after a worker died while charging a blast hole. More – click here and go to p. 11.

QLD - $200K+ in enforceable undertaking for training centre
A Rockhampton training centre has agreed to an enforceable undertaking worth nearly $210,000, after a plant course participant was severely injured. As an alternative to prosecution, the company will implement an OHS management system and provide training. More.

QLD – Failure to fix gantry stand leads to $40,000 fine
A concrete supply company has been fined $40,000, plus court costs, after a contractor truck driver fell more than two metres from a gantry stand. The safety railing around the stand had been reported as broken six days before the incident. More.

QLD - $35,000 fine after workers’ legs crushed
A metal manufacturing company has been fined $35,000 after a worker’s legs were fractured by a two tonne beam. More.

QLD – Injury from collapsed scaffold leads to $30,000 fine
A scaffolding supply and installation company has been fined $30,000 after a worker was injured when a hanging scaffold collapsed. The scaffolding had not been installed in accordance with the company’s policies and collapsed while two workers were standing on it. More.

QLD - Fine for obstructing safety inspector
An electrical contractor has lost more than $1,700 after he obstructed and assaulted an Electrical Safety Office inspector who was investigating wiring defects. More.

SA – Carpet manufacturer fined $40,000+ for repeat offences
A carpet maker has been fined more than $40,000 after two workers were injured in near identical circumstances by the same machine, 18 months apart. In both cases, the workers were inside the machine when another worker started it. There was no lockout system. The company has improved safety systems considerably since the incidents and was honoured at the 2006 Safe Work Awards. More.

SA - Contractor fined $30,000+ over ladder collapse injury
A civil engineering contractor has been fined more than $30,000 after a worker fell nearly five metres down a maintenance shaft when a ladder collapsed. More.

SA - Conviction and $24,000 fine after worker's leg fractured
A company has been fined $24,000 and convicted after a load fell on a truck driver, fracturing his leg. More.

SA - $19,000 fine for transport company after four metre fall
A transport company has been convicted and fined nearly $19,000 after a truck driver fell nearly four metres from the top of his tanker. The court deemed the incident could have been avoided through a more thorough maintenance and safety check. More.

VIC – $1.125M fine for fatality
An alcohol manufacturer has received Victoria’s second biggest OHS fine, and a conviction, following the death of a worker at its Melbourne brewery. His head was crushed between a handrail and an unguarded machine door. A similar incident on a similar machine had occurred previously. The fine would have been $1.5 million if the company did not plead guilty. More.

VIC - $230K fine for paper mill fatality
A paper mill has been fined $230,000 over the death of a worker at its Maryvale mill. The company has previously been convicted of the same offence over a 2002 fatality. The fine included $70,000 for the company’s poor safety record. View media release. View news report.   

VIC – Sixth OHS prosecution for food manufacturer
A food manufacturer has received its sixth fine since 1983 for OHS breaches, this time for $75,000. In the latest incident, a worker’s fingers were injured when a machine he was repairing started unexpectedly. The switch was incorrectly labelled and the interlock system and emergency stop button had corroded.  View media release.

VIC – Arthurs Seat chairlift ordered to improve safety
The Arthurs Seat Scenic Chairlift has been ordered to dosafety improvement works, and pay WorkSafe’s costs, after pleading guilty to failing to take care of passengers’safety. No conviction was recorded. More.

VIC - Farming company fined for OHS breaches
A Victorian farming company has been found guilty of OHS breaches and fined $15,000 after a young worker lost three toes in a silo incident. More.

WA - Eight companies face charges over Cyclone George deaths and injuries
WorkSafe intends to prosecute eight companies in connection with two deaths and serious injuries of seven people during Cyclone George in March 2007. View media release. View news report.

WA - $100,000 fine for death at metal foundry
A foundry and heavy engineering company has been fined $100,000 over a worker’s death in 2005. A labour hire worker who was being inducted was killed by molten metal when a furnace exploded. More.

WA - Transport company fined $35,000 over lack of rest breaks
A transport company has been fined $35,000 for not ensuring its commercial vehicle drivers took required rest breaks. More. .

WA - $13,000 costs for company manager over leg amputation
A company manager has been fined $3,000, plus nearly $10,000 in costs, after a worker's lower leg was torn off by a hay baling machine. The company had previously been fined $120,000 for the incident and $75,000 for a 2002 fatality involving the same type of machine. More.

WA - Grain handling company fined $8,000 over hand injury
A Fremantle grain handling company has been fined $8,000 after a worker's hand was badly cut by an auger. More.

NZ - Company fined $62,500 after worker electrocuted
A power line maintenance company has been fined $62,500 over an electrician’s death. He was electrocuted while working on a 400 volt line from a cherry picker. More.

NZ – DoL appeal leads to increased fine for rubbish truck death
The High Court has increased the fine imposed on a rubbish collection company over the death of a boy, after the Department of Labor appealed the fine as being inadequate. The fine was increased from $55,000 to $87,500, in addition to reparation of $60,000 already ordered. The 13 year old boy, who was the son of an employee, was acting as a runner when he was run over and killed by one of the company’s rubbish trucks. More.

Other news

Australia – OHS – Submissions on national model OHS laws received
More than 240 submissions on the National Review into Model Occupational Health and Safety Laws have been received. Submissions will now be analysed. More.

Australia – Chemicals – APVMA’s Approved Active Constituents list updated
The Australian Pesticides and Veterinary Medicine Association (APVMA) has updated the record of approved active constituents. More – click here and go to ‘Record of Approved Active Constituents’.

Australia – Chemicals - Pesticides in schools booklet published
The Australian Pesticides and Veterinary Medicine Association (APVMA) has published an advisory booklet, Pest Management in Schools, with information on the safe and effective use of pesticides in schools. View booklet.  

Australia - Inspections find improvement in falls prevention
A national inspection campaign on falls prevention in construction has found an improvement with legislative compliance in regional areas. The final campaign report has been released. View media release. View final campaign report.

ACT – OHS - New Work Safety Act 2008 passed
The Work Safety Act 2008 was passed into law on 28 August.  It will replace the Occupational Health and Safety Act 1989 and will commence on 1 July 2009. The existing Act, Regulations and Codes of Practice continue to apply until then.  Education and information sessions will be held. View summary of Act.

ACT – OHS – OHS Commissioner website now live
The ACT OHS Commissioner’s new website is now live. The site has links to news, publications, posters and advice. It includes a section for small business. Go to website.

ACT – Subcontractors - Safety guidelines for ACT subcontractors released
The ACT government has launched the Occupational Health Safety and Environment SubbyPack for the building and construction Industry. It includes a generic approach to developing an OHSE management plan. More.

NSW & VIC – OHS – Fatigue prevention guide published
WorkCover NSW and Victoria have jointly released a new guide with practical advice on preventing workplace fatigue. Aimed at employers and workers, the 24 page publication has information on how to identify fatigue hazards and control risks. It includes a hazard identification checklist and a chart to help with risk assessments. More.

NSW – Mining – OHS laws now apply to mines
From 1 September, the Occupational Health and Safety Regulation 2001 applies to mining workplaces and coal mines, so that mines have the same OHS laws as other workplaces. View summary of permission arrangements. View news article – Click here and go to p. 7.

QLD – OHS – New OHS laws now in place
On 1 September, the Workplace Health and Safety Regulation 1997 was repealed and replaced by the Workplace Health and Safety Regulation 2008. The new regulation renumbers and reinforces the provisions under the old regulation. It also removes the rural industry exemptions over the next two years. More.

QLD – OHS – Queensland’s submission to national OHS review published
The Queensland government has published its submission on the national harmonisation of OHS laws. View submission.

QLD – Construction – New traffic management code released
Workplace Health and Safety has released a new Code of Practice for Traffic Management for Construction or Maintenance Work. The code aims to help improve road worker safety and provides a uniform approach for traffic control devices. It commenced on 1 September 2008. More.

QLD - Construction - Mobile plant safety checklist released
Workplace Health and Safety has released a safety checklist for mobile plant in civil construction. View checklist.

QLD – Electricity - New rural electrical safety booklet
The Electrical Safety Office has released a new rural electrical safety booklet. It includes information about power lines, irrigation hazards, safety switches, maintenance, keeping children safe and assessing risk. Printed copies are available from the Electrical Safety Infoline, 1300 650 662. View booklet.

VIC & NSW – OHS – Fatigue prevention guide published
WorkCover NSW and Victoria have jointly released a new guide with practical advice on preventing workplace fatigue. Aimed at employers and workers, the 24 page publication has information on how to identify fatigue hazards and control risks. It includes a hazard identification checklist and a chart to help with risk assessments. More.

VIC – OHS – Eight new compliance codes published
WorkCover has published eight more compliance codes:

• Communicating health and safety across languages
• Workplace amenities and work environment
• Confined spaces
• First aid in the workplace
• Prevention of falls in general construction
• Foundries
• Management of asbestos in workplaces
• Removal of asbestos in workplaces.

View compliance codes.

VIC – OHS – Workers’ returning to work guide released
WorkSafe has released a new guide for injured workers. The guide provides information for injured workers about getting back to work after an injury, employer and worker obligations, key people and documents involved in their return to work, and the return to work process. View guide.

VIC – Construction - Communiqué issued on employer duties
WorkSafe has issued a communiqué to the construction industry clarifying the duties of employers and principal contractors in relation to construction regulations. View communiqué.

VIC – Cold storage – New safe operation guide released
WorkSafe has released new guidance to help improve safety in cold storage operations. The publication addresses the unique working environment of cold storage facilities. More.

WA – New OHS regs from 1 October
New OHS regulations apply to general and residential construction from 1 October 2008. There are new requirements for providing information, consultation, planning and documentation for construction projects. More.

WA – Manual handling – WorkSafe issues clarification on code
Although a new national standard and code of practice for manual handling have been declared (National Standard for Manual Tasks (2007) and National Code of Practice for the Prevention of Musculoskeletal Disorders from Performing Manual Tasks at Work (2007)), they have not yet been adopted in WA. The WA Code of Practice for Manual Handling still applies. More – click here and go to p 4. View WA Code.

WA – Rural – New resources to help improve rural safety
An agriculture workbook, CD and checklist have been developed to help improve safety on rural properties. The checklist includes the main rural hazards and explains how to identify them and assess the risk. The workbook and CD have more detailed information on reducing the likelihood of injuries and health problems. Copies are being distributed through WorkSafe inspector visits and FarmSafe. View workbook. View checklist.

NZ – Hazardous substances – New user guide published
The Environmental Risk Management Authority has published the User Guide to the Thresholds and Classifications under the Hazardous Substances and New Organisms Act 1996. Hard copies and a CD are available on request. More.

NZ – Hazardous substances - Three hazardous chemicals to be re-assessed
The Environmental Risk Management Authority has approved a risk/benefit re-assessment of three more hazardous chemicals, as part of a programme that aims to reduce risk to people and the environment. The chemicals are trichlorfon, dichlorvos and methylarsinic acid. More.

Case briefs

View Blake Dawson's Safety Matters.