February 2009

Case briefs

ACT
Dangerous Substances and Litter (Dumping) Legislation Amendment Bill 2008

TAS
Workplace Safety (Additional Measures) Bill 2008

VIC
Occupational Health and Safety Amendment (Employee Protection) Bill 2008

NZ
Health and Safety in Employment Amendment Bill (No 2) 241-1 (2008)

Publications - Draft

Australia - Chemicals – Draft code of practice for retail storage of S5 and S6 poisons released
The Therapeutic Goods Administration has released a draft code of practice for retail storage of Schedule 5 and Schedule 6 products. Changes from the 2007 version are highlighted. View draft.

Australia – Comcare - Synthetic mineral fibre code to be reviewed - Open for comment until 12 Feb
Comcare is proposing to revise the code of practice for synthetic mineral fibres. It is proposed that glass wool, rock wool and slag wool will no longer be considered carcinogenic. Employers, employees and other Comcare stakeholders are invited to comment. Comments close 12 February 2009. More.

News

Campaigns

Fines and prosecutions

 

NSW - Construction companies fined nearly $350K after fall from height
The head contractor and subcontractor at a construction site have been fined a total of $343,500 after a 19 year old worker fell 15 m. He was not attached to a safety line. More.

NSW – Working at height breaches lead to conviction and $100K fines for mining companies
Two mining companies have been convicted and fined nearly $100,000 after a leading hand was found working at height without fall protection equipment. Supervision was deemed to be inadequate. More - click here and go to page 11.

NSW - Fines for electric shock and burns
Two electrical companies have been fined a total of $320,000 after an employee received serious electric shock and burns. More - click here and go to p. 11.

NT - Power and water supplier fined over electrocution
A major power and water supplier has been fined $70,000 after a man was electrocuted outside his home. It is the largest fine to date under the Work Health Act. More.

QLD - $30K fine for injured eye
A machinery business has been fined $30,000 after an employee suffered a fractured eye socket and jaw when he was hit by a bolt. More.

SA - $180K in fines for travelator fatality
Two companies have been fined a total of nearly $180,000 following the death of a carpenter who was caught in the moving parts of a moving walkway. More.         

SA - Conviction and $65K fine over smelter death
A company has been convicted and fined $65,000 over a worker’s death at the Port Pirie smelter. He was hit by a front-end loader. More.

SA - Manufacturers fined $51K over hand injuries
Two manufacturers have been fined $51,000 over serious hand injuries to two workers in separate incidents. More.

SA - Company fined $6,000 for illegal asbestos removal
A company has been fined $6,000 after removing asbestos from a residence without a licence. More.

TAS - $15,000 fine after finger amputated by unguarded machine
A shoe manufacturer has been fined $15,000 after a labour hire worker's finger was partly amputated by an unguarded band knife. More - click here and go to p. 42.

VIC – Forklift death leads to $175,000 fine
A cold storage company has been fined $175,000 following the death of a worker who was hit by a forklift. More.

VIC – Director and company each fined $100,000 after death
A company director and his manufacturing company have each been convicted and fined $100,000 over a worker’s death. The worker died from head injuries from an unguarded machine that was started by a co-worker. It is the first time a company director has been convicted under the new OH&S Act and is the highest penalty imposed on an individual under the Act. More.

VIC - Company and director fined for multiple OHS breaches
Two construction company directors have lost $48,000 after a partially constructed floor in Apollo Bay collapsed, killing one employee and injuring another. More - click here and go to 'Worksafe Prosecutions'.

VIC – Workers fined after setting co-worker alight
Two workers have been convicted and fined $5,000 each after they set a co-worker alight with brake cleaning fluid. The colleague suffered third degree burns. Both workers have been sacked. More.

WA - Employer fined $15,000 over fatal fall
A Rockingham builder has been fined $15,000 after a worker fell from the roof of a Fremantle warehouse. The roof sheets were not screwed in. More.

NZ - $50,000 costs for fruit processing company after worker dies
A Nelson company has been fined $25,000 plus $25,000 reparations after a worker was hit by machinery he was cleaning and later died. More.

Other news

Australia – OHS - Fact sheet on improving productivity through better OHS released
The Federal Safety Commissioner (FSC) has released a new fact sheet, An introduction to business productivity through improved OHS. It highlights benefits, including cost savings, from improved OHS. View fact sheet.

Australia – OHS - National OHS compliance and enforcement policy released
State and Territory safety regulators have agreed on the National Occupational Health and Safety Compliance and Enforcement Policy. It will help workplace health and safety authorities adopt consistent and effective approaches to enforcement. It will also support the achievement of the national targets established in the National OHS Strategy 2002-2012. View policy.

Australia - Chemicals - New ADG Code now in effect and online
The new Australian Code for the Transport of Dangerous Goods (ADG7) came into effect on 1 January 2009. The changes mostly affect legal definitions, dangerous goods licences and insurance, some duties, WorkSafe powers, court powers and penalties. During the transitional period to 31 December 2009, the previous edition, ADG6, will still apply. View news item. View summary information 1. View summary information 2. Download ADG7 and ADG6. Download ADG7 Class Labels.

Australia – Chemicals – SUSDP now online
The Schedule for the Uniform Scheduling of Drugs and Poisons (SUSDP) is now available online. More.

Australia - Chemicals - New fungicide labels required
New activity group codes for fungicides were introduced last year. Labels for all fungicide products need to be updated before 27 October 2001. More.

Australia - Comcare - New plant regulations now in place
Technical amendments to the Safety Standards Regulations, and regulatory changes to how the Australian Defence Organisation manages its special plant licence, commenced on 19 December 2008. More.

Australia – Comcare - Mining guidance note released for contractors
Comcare has released a new guidance note that details the responsibilities of employers who occasionally operate as contractors in relation to mining. More.

Australia – Farming – Farm machinery guide published
The Rural Industries Research and Development Corporation (RIRDC) has published a guide on making farm machinery safer. More.

NSW - OHS - Guide on ergonomics released
WorkCover has published a guide to implementing ‘participative ergonomics’ in the workplace. It is designed to help medium to larger organisations reduce manual handling injuries, by consulting with the people who do the work. It includes steps, tips and progress indicators. More.

NSW - Construction - SA White Card now recognised
WorkCover NSW now recognizes the South Australian ‘white card’ as proof of construction induction training, equivalent to WorkCover’s OHS General Induction for Construction Work in NSW course. More.

NSW – Construction - New Housing Industry Site Safety Pack published
WorkCover has published a Housing Industry Site Safety Pack (HISSP) to help small businesses working in the residential construction sector meet their OHS responsibilities. It gives guidance to small business and sub-contractors, with easy to use templates for Risk Assessments and Safe Work Method Statements, and other useful tools. More.

QLD – OHS - OHS reps can now issue PINs
OHS reps now have the power to issue Provisional Improvement Notices (PINs), in line with other states.  More.

QLD – OHS - New codes of practice published
A number of codes of practice have been revised, to align with the new OHS regulations. More.

QLD – OHS and electricity - Changes to Acts now in effect
Key changes to the Workplace Health and Safety Act 1995 and the Electrical Safety Act 2002 commenced on 1 January 2009. The introduction of Provisional Improvement Notices is yet to take effect. More.

QLD - Mining – Guidance on effective supervision published
The Department of Mines and Energy has published a guidance note on Effective Safety and Health Supervision. View guidance note.

QLD – Mining – Employers urged to plan for extreme weather events
The Department of Mines and Energy has reminded mine and quarry operators working in areas affected by extreme weather that they must plan for these conditions. More.

SA – OHS - Changes to OHSW Act proposed - Open for comment until 13 Mar
Five key amendments to the Occupational Health Safety and Welfare Act 1986 have been proposed. Public comment is invited. Comments close 13 March 2009. More.

SA – High risk work - Changes to licensing of high risk work to take effect from 1 July
The National Standard for Licensing Persons Performing High Risk Work 2006 will become law in South Australia on 1 July. SafeWork has released an information sheet explaining the changes. View information sheet.

SA – OHS - Applications for OHSW small grants invited – Open until 27 Feb
Applications for funding of up to $50,000 for OHSW projects are now open. Applicants must be based, and do the proposed work, in SA. Applications close 27 February 2009. More.

VIC – OHS - Handbook on volunteer OHS released
WorkSafe has released a handbook which gives guidance on managing OHS for volunteers. View handbook.

VIC - OHS – Handbook on work-related driving published
WorkSafe has published a handbook on work-related driving. It will help employers, fleet managers and drivers with light fleet vehicles improve their work-related driving safety. More.

VIC – OHS advisers – Guideline released on laws for hiring OHS advisers
WorkSafe has published a position paper on how it applies the law in relation to employing or engaging suitably qualified people to provide health and safety advice. View position paper.

VIC – Chemicals - New laws for dangerous goods transport now in place
Victoria’s Dangerous Goods Act 1985 has been amended to reference the 7th edition of the Australian Dangerous Goods Code (ADG7) instead of the 6th edition (ADG6). More.

VIC – Waste collection – Handbook for safe collection of hard waste released
WorkSafe has published a handbook for people working in the waste collection industry on how to safely collect domestic hard waste and bundled green waste. More.

VIC – Plumbing – New Plumbing Regulations in effect
The Plumbing Regulations 2008 are now in effect, replacing the Plumbing Regulations 1998.View media release. View new Regulations

WA – Electricity – New testing and tagging laws now in place
From 1 January 2009, new regulations allow testing and tagging of portable electrical equipment and portable RCD's on construction and demolition sites to be done by a competent person or a licensed electrician.  A guideline has been published. View guide.

NZ – High Court to increase OSH fines
The High Court has indicated its intention to increase fines for OSH breaches. More.

Case briefs

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