|
This OHS bulletin provides information about Australian national and state legislation, and New Zealand national 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 changes
Australia – OHS - First report on model OHS laws released
The first report of the national review into model OHS laws has been released. Key elements of the initial report include:
- extending duty of care to include anyone who may be affected by OHS, including not-for-profit organisations, volunteers and visitors
- duty of care breaches to be criminal offences, requiring criminal standard of proof
- prohibition on delegating duty of care
- increased penalties.
Senior officials are reviewing the proposals. The Panel's second report will be released at the end of January 2009. View report. View summary of proposed laws.
Australia – Chemicals – Changes to workplace chemicals regulatory framework proposed – Open for comment until 31 Dec
Under proposed national changes, hazardous substances and dangerous goods regulations will be combined into a single system. Classification and hazard communication will be based on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS). A revised Draft National Standard for the Control of Workplace Hazardous Chemicals has been published, as has public comments received on the original Draft. A Regulation Impact Statement is being prepared. The deadline for feedback on the draft standard has been extended. Comments now close 31 December 2008. More.
Australia – Transport – National regulations for pilot and escort vehicles proposed
Australia’s Transport Ministers have agreed to develop national regulations for pilot and escort vehicles that accompany oversize vehicles. Ministers are also considering proposals for national heavy vehicle laws to be administered by a single regulator, and preventing states and territories from making changes to national model laws. More.
Australia – Transport – Changes to drivers’ working conditions proposed
The Australian Transport Council has called for a review of truck driver pay methods, working conditions and career structures to address safety issues. More.
ACT - New Work Safety Act to start in 2009
The new Work Safety Act 2008 will take effect from 1 July 2009, replacing the existing Occupational Health and Safety Act 1989. The existing Act, Regulations and Codes of Practice continue to apply until that date. More.
QLD – Construction – Changes to swing-stage scaffolds proposed
Following the death of two workers from a suspended (swing-stage) scaffold in June, Workplace Health and Safety intends to change the Scaffolding Code of Practice 2004 and improve the competencies for those installing and using swing-stage scaffolds. More.
SA – Construction – Green card to be replaced with national Code of Practice
SA will replace the current ‘green card’ for induction and training in the building and construction industry with a new national system, the National Code of Practice for Induction for Construction Work. The Code details appropriate induction training and requires that general induction training be provided by a Registered Training Organisation. Once implemented, SA workers’ training will be recognised in other states that have adopted the national code. More – Click here and go to page 7.
NZ – Hazardous substances – Revised methodology proposed – Open for comment until 8 Dec
The Environmental Risk Management Authority (ERMA) has drafted revised methodology for considering applications under the Hazardous Substances and New Organisms (HSNO) Act 1996. Comments close 8 December 2008. More.
See Archives for upcoming changes announced in previous bulletins.
|
|
Bills before Parliament
The Bills (draft Acts) listed below are being considered by Parliament. Only major OHS Bills are listed.
Australia
Safe Work Australia Bill 2008
Safe Work Australia (Consequential and Transitional Provisions) Bill 2008
TAS
Occupational Licensing Amendment Bill 2008
|
| Publications - Draft
NSW – Mining – Guide to health management plan published – Open for comment until 5 Dec
The NSW Mining Industry Health Working Party has proposed a model to manage health matters in the mining industry. It has published the Guide to the Development and Implementation of a Health Management Plan and is seeking feedback. Comments close 5 December 2008. More.
NSW – High risk work - Review of loadshifting classes underway - Open for comment until 5 Dec
WorkCover is reviewing the requirement to license loadshifting classes, except forklift, and intends to implement the National Standard for Licensing Persons Performing High Risk Work. A discussion paper has been published and comments are sought. Comments close 5 December 2008. More.
NSW – Mining – Review of loadshifting classes – Open for comment until 5 Dec
The NSW Department of Primary Industries is coordinating a NSW mining industry-wide submission to the review on loadshifting classes (see item above). Comments close 5 December 2008. More – click here and go to “Public comment on loadshifting classes in NSW”.
VIC – Construction - Draft industry standard for safe erection of structural steel published – Closed for comment
WorkSafe has released a draft industry standard for the construction of:
• portal framed buildings
• steel framed sheds
• multi storey residential structures (eg apartment blocks)
where steel frames provide structural strength and stability to the whole building. Comments have closed. View draft standard.
NZ – Hazardous substances – Organic peroxides group standard to be developed – Open for comment until 27 Jan
The Environmental Risk Management Authority is seeking public submissions on the proposal to issue the Organic Peroxides, Toxic [6.1], Corrosive Group Standard 2009. Comments close 27 January 2009. More
|
| News
Campaigns
Australia - Campaign to reduce manual task injuries in retail, wholesale, transport and storage to start
Australian OHS authorities are joining forces to address the high injury rate of workers in the retail, wholesale, transport and storage industries from manual tasks. The national 18 month campaign will specifically look at the road freight industry and the supply chain. More.
|
|
Fines and prosecutions
NSW – Company fined for not having explosives licence
A quarry company has been convicted and fined $20,000 plus costs for not having a licence to store explosives at two of its quarries. It is the first conviction of its type under the Explosives Act. More.
NSW - $150,000 fine over death inside mixer
A stock feed manufacturer has been fined $150,000 over the death of a worker inside a large mixer. The mixer was not locked out and was turned on when he was inside. More.
QLD – Mine worker prosecuted over other miner’s death
A mine worker has been fined for failing to meet his obligations under the Mining and Quarrying Safety and Health Act 1999. He didn’t check the effectiveness of the locking pins on the man basket he was driving. The basket detached, killing the worker inside it. More.
QLD – Several fined after death on mine exploration site
A mine operator, site senior executive and equipment supplier have been prosecuted and fined following the death of a worker at a FNQ exploration site. More.
SA - Farming company fined $18K over hand amputation
A small farming company has been fined more than $18,000 after its farm manager's hand was amputated. The man’s hand became caught in an exposed auger after another worker turned the machine on. More.
SA - $73,000 fine for two hot metal burns incidents
Two incidents where molten metal sprayed over a number of workers has led to the conviction and fining of a steel galvanizer. More.
SA - $32,000 fine after worker hit by forklift
A company has been fined $32,000 after a delivery driver waiting for paperwork was hit from behind by a forklift and had his foot crushed. More.
SA – Fractured leg leads to $29,000 fine
A ‘mature and experienced’ Adelaide foundry has been fined nearly $29,000 after a 800 kg piece of metal fell and fractured a worker’s leg. He also suffered burns, as he was using oxy acetylene at the time. More.
SA – Incomplete safety switch leads to crush and $13K fine
A car parts maker has been fined more than $13,000 after a worker’s finger was crushed. An interlock safety switch had been installed, but the company hadn’t told the worker the wiring was incomplete. More.
SA - $65K costs after jack falls on bus driver
A bus company has been convicted and fined $45,000 after a bus driver was crushed while changing a flat tyre. The bus had been incorrectly jacked. The company was also required to pay the maximum of $20,000 in reparations to the driver’s family. More.
SA – Department fined over student injury
The duty of care to the health and safety of school students has been highlighted in the prosecution of the Department of Education and Children’s Services (DECS). A student jumped onto a roof to retrieve a ball and fell, fracturing her leg. The Department was convicted and fined $30,000 and a teacher was fined $3,000. More.
VIC – Worker prosecuted for dangerous forklift driving
A forklift driver, who filmed himself performing dangerous manoeuvres and then posted the footage on YouTube, has been convicted of breaching safety laws. He has been sacked and required to do unpaid community work, do an OHS course at his own expense and pay WorkSafe’s costs. More.
VIC - Company fined $360,000 over unguarded machine
A bedding company has been fined $360,000 after an employee's hair was torn off by an unguarded machine. More.
VIC - Boundary wall collapse leads to $140,000 fine
A paper company has been fined $140,000 after a boundary wall collapsed into a carpark, nearly injuring two passers by. Two years previously, WorkCover had identified that the wall was at risk of collapsing. More.
WA - Furniture company fined nearly $41,000 over lift truck rollover
A furniture company has been fined nearly $41,000 after a lift truck rolled over and seriously injured two people. It was being used on a sloping surface. More.
NZ – Three trenching prosecutions made in single month; employers urged to improve practices
The Department of Labour has called on employers in the construction industry to review their safety procedures after the third trenching fatality prosecution in a month.
In the first case, a Nelson construction company was fined $35,000 and ordered to pay $45,000 in reparations after an employee died when an unsupported trench collapsed. More.
The second case involved a worker who was killed near Oamaru while repairing an irrigation scheme; the company was fined $20,000 and ordered to pay $83,000 in reparations. More.
The third worker’s death has led to the employer being fined $30,000 and ordered to pay $80,000 in reparations. More.
The Approved Code of Excavation and Shafts for Foundations details safety requirements for all excavation work.
NZ – Hand crush from unguarded rollers leads to $60,000+ costs
A baking company has been fined $45,000 and ordered to pay reparations of more than $17,000 after a worker’s hand was crushed in the rollers of a pastry-rolling machine. The rollers were not guarded. More.
|
|
Other news
Australia - Comcare - New high risk work regulations come into effect
New regulations for licensing high risk work commenced on 9 October. The National Standard for Licensing Persons Performing High Risk Work now applies. Certain state and territory laws are preserved to ensure that state and territory licences and certificates are recognised. More.
Australia – OHS – Guidance note on sun protection released
The Australian Safety and Compensation Council (ASCC) and Cancer Council Australia have released a guidance note on protecting workers from sun exposure. It is a revised version of the 1991 guide. View media release. View guidance note.
Australia – OHS - OHSE Subby Pack revised
The Office of the Federal Safety Commissioners (OFSC) has updated the Subby Pack on the WorkSafe website. It contains information and resources relating to OHS for subcontractors and small business and will be updated on an ongoing basis. View Subby Pack.
Australia – OHS – Report on workplace deaths released
The Australian Safety and Compensation Council (ASCC) has released a summary of notified workplace fatalities for 2007-2008. Fatalities decreased by 11%. Four industries accounted for most deaths: construction (24%), transport and storage (23%), agriculture, forestry and fishing (18%) and manufacturing (13%). The ASCC has also released the Work-related Traumatic Injury Fatalities, Australia, 2005-06 report. More.
Australia – Asbestos - Asbestos management and control literature review released
The Australian Safety and Compensation Council (ASCC) has released a literature review of asbestos management and control. The review examines information on current work practices and exposures to asbestos which may be occurring in Australian and overseas workplaces. It also details policies and practices adopted overseas for the management of in situ asbestos and/or its removal. View media release. View literature review.
Australia – Transport - National Road Safety Plan 2009-10 released
The Australian Transport Council has released the National Road Safety Plan 2009–2010, the final two-year Action Plan presented under the National Road Safety Strategy 2001-2010. View plan.
NSW - Construction - SA's white card now recognised
WorkCover NSW now recognises SA’s ‘white card’ construction induction qualifications as being equivalent to WorkCover's OHS General Induction for Construction Work in NSW course. More.
NSW – Mining - Contractor OHS Assessment Tool released
The NSW DPI and NSW Mine Safety Advisory Council have released the Contractor OHS Assessment Tool. The tool helps mines to assess a contractor's OHS performance before hiring them. Download tool – click here and go to Contractor OHS Assessment Tool.
NSW – Farming - Silo safety rebate closes on 30 Jan
The Silo Safety Rebate program will close on 30 January 2009. The rebate program offers farmers up to $1,000 for making safety improvements to their silos. More.
NSW – Major hazard facilities and potential MHFs – Notification required by 12 Jan
Operators of all major hazard facilities (MHFs) and potential MHFs that were operating on 13 October 2008 must notify WorkCover by 12 January 2009. This is in addition to dangerous goods notification. From 13 October 2008, any person who intends to operate a MHF or a potential MHF must notify WorkCover within three months of deciding to operate that facility. More.
QLD – OHS – Safety reps to issue PINs under new laws
Workplace safety representatives will be able to issue Provisional Improvement Notices (PINs) in their own workplaces under recently passed laws. The new laws also encourage greater use of victim impact statements in court prosecutions for workplace and electrical safety breaches. Queensland government departments will be able to be prosecuted for OHS offences for the first time. The changes will commence on 1 January 2009, with PINs introduced in May to allow for training. More.
QLD – Mining - Mines Inspectorate compliance policy published
The Mines Inspectorate has published its compliance policy. Read policy.
SA – OHS – User-friendly guide to regulations published
A practical, easy-to-understand guide to complying with SA’s OHS laws has been released. The 428 page User-friendly Guide to the Occupational Health, Safety and Welfare Regulations 1995 includes topics like:
• buildings and their precincts
• space per person
• lighting, noise and ventilation
• fire prevention and first aid
• fall protection
• manual handling. More.
Hard copies of the guide can be purchased from the SafeWork SA Bookshop, on the ground floor of 100 Waymouth Street, Adelaide.
SA – Noise – Noise publication released
SafeWork has released a new noise publication. Noise in the Workplace - What You Should Know provides information on risks to health, legislation and decibel levels of common sounds. It includes a hazard identification checklist and other noise-related information. View publication.
TAS – OHS – New OHS kit released
WorkCover has released a new kit, Serious about Safe Business?, and an introductory flier with the same name. The kit includes practical information on managing safety in your workplace. It includes an audit tool, with a green, orange, red rating system, to help you identify what you need to do to make your workplace safer and six advice sheets. More.
VIC – Air receivers - Handbook on working with air receivers published
WorkSafe has published a handbook on working safely with air receivers. The handbook will help people assess health and safety risks and determine reasonably practicable controls. The handbook includes a link to an 'unfired pressure vessel hazard calculator'. View handbook.
VIC – OHS - Handbook on getting OHS help published
WorkSafe has published a handbook that summarises the types of help available to small and medium businesses in addressing OHS issues. It also includes information relevant to large businesses, health and safety representatives, managers, supervisors and employees. View handbook.
VIC – OHS - New PIN form and guidance information published
WorkSafe hasissued further information on issuing provisional improvement notices (PINs) to help Health and Safety Representatives and employers. A new PIN form is also available. Hard copy PIN forms in triplicate can be ordered through WorkSafe’s Advisory Service, phone 03 9641 1444 or 1800 136 089, or email info@workcover.vic.gov.au. More.
VIC – OHS – Quiz to evaluate OHS management systems released
WorkSafe has published a quiz which helps employers and OHS committees quickly and easily evaluate their existing OHS management system and identify its strengths and weaknesses. View quiz.
VIC - All-terrain vehicles (ATVs) - Operators encouraged to wear helmets
WorkSafe is encouraging ATV operators to wear protective helmets to reduce the risk of head injuries if they fall from the ATV. Approximately 10 people die on farms each year from ATV falls. More.
VIC – Driving – Guide to safe work related driving published
WorkSafe has published a new handbook with information on how to develop work-related driving safety policies. The guide will help employers, fleet managers and drivers with light fleet vehicles to improve their work-related driving safety. View handbook.
VIC – Electricity – Impact statement on proposed equipment efficiency regulations released – Closed for comment
EnergySafe Victoria (ESV) has released a Regulatory Impact Statement on the proposed Electricity Safety (Equipment Efficiency) Regulations. The proposed regulations will replace, with limited amendments, the current 1999 regulations. The regulations enable Victoria to fulfil its obligations to implement the national Equipment Energy Efficiency (EEE) programme. Comments have closed. View RIS.
WA – OHS - Guidance note on preventing carbon monoxide poisoning from equipment published
The Commission for Occupational Safety and Health has released a guidance note on preventing carbon monoxide poisoning from petrol and gas powered equipment. View guidance note.|
WA – Construction – Interstate induction training recognised in WA
The WorkSafe Western Australia Commission for Occupational Safety and Health has deemed that construction industry induction training in South Australia, Victoria and Queensland meets the requirements of WA regulations. These three States deliver nationally recognised induction training, similar to the WA course. More.
WA – Construction – Warning on carbon monoxide exposure from chasing saws
Risk assessments by WorkSafe Scientific Inspectors have found that hand held petrol powered brick and concrete chasing saws lead to carbon monoxide exposures well in excess of the legal Occupational Exposure Standards. More.
WA – Cyclones – Employers urged to prepare now for cyclones
WorkSafe is reminding businesses in the north-west to ensure cyclone contingency plans are in operation, for work at sea and on land. Eight companies have been charged with OHS breaches following the death of two workers and injuries to seven during Cyclone George in 2007. More.
NZ - OHS - Report on Workplace Health and Safety Strategy released
The Department of Labor has released the third annual snapshot report of the Workplace Health and Safety Strategy for New Zealand to 2015. Maori and Pacific Island workers were found to have some of the highest workplace injury rates. The 10-year strategy was launched in 2005. More.
NZ - OHS - Puataunofo Manukau report published
A report on the pilot Puataunofo Manukau project has been published. The project aims to raise awareness of OSH for Pacific workers, employers, youth and communities in Manukau. View report.
|
|
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 Blake Dawson's Safety
Matters.
|
| | |
|
