environmental ohs legal obligations
   

June 2009


Legislation
Upcoming changes


Bills

Publications

News
Campaigns
Fines/prosecutions
Other news

Case briefs

 
Archive

 
 

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 - National OHS laws get the go-ahead
State and territory governments have agreed to harmonise their OHS laws and move toward national laws. More.

Australia - Chemicals - Discussion paper released on globally harmonised system
The Office of Chemical Safety and Environmental Health (OCSEH) has released a discussion paper on options for adopting the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).  The discussion paper relates to the public health regulation of domestic and consumer chemicals, including pesticides.  Comments have closed.  More.

Australia - Scheduled poisons - Changes to SUSDP proposed - Closed for comment
The Standard for the Uniform Scheduling of Drugs and Poisons (SUSDP) is to be replaced with a new standard, the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP).  The proposed standard is largely based on the current standard, but reflects contemporary practice.  The changes are expected to commence in July 2010.  Comments have closed.  More.

Australia - Transport - National regulation of transport proposed
Australia’s Transport Ministers have proposed to have single national regulators for:

  • rail safety
  • maritime safety
  • heavy vehicles
  • rail accident investigations. More

ACT - OHS - New Act to take effect in October
The existing Occupational Health and Safety Act 1989 will be replaced with the Work Safety Act 2008 on 1 October 2009. The existing Act, Regulations and Codes of Practice will continue to apply until then.  View summary of changes.

NSW - Construction - Mandatory "check before you dig" laws possible
The NSW Government is considering making it mandatory for construction companies to determine if power cables are present before they start digging. This follows major black-outs in Sydney caused by a backhoe damaging a cable. More.

NZ - Hazardous substances - Changes to group standards proposed - Open for comment until 5 Jun
ERMA is proposing changes to a number of group standards.  The changes affect labelling and provision of emergency information.  Comments close 5 June 2009.  More.

Bills before Parliament

The Bills (draft Acts) listed below are being considered by Parliament. Only major OHS Bills are listed.

QLD
Mines and Energy Legislation Amendment Bill 2009

VIC

Bus Safety Bill 2008
Occupational Health and Safety (Employee Protection) Bill 2008

Publications - Draft

NSW - Loadshifting - Outcomes of assessment of loadshifting classes published - Closed for comment
WorkCover has published the outcomes of an assessment on the future management of load shifting classes, other than forklift.  Comments have closed.  More.

News

Campaigns

Australia - OHS - Campaign to improve safety of hospitality workers underway
Australian workplace authorities are running a national campaign targeted at new and young workers in the hospitality industry. The aim is to distribute OHS guidance information and investigate legislation compliance. The campaign will end in June. An information sheet with practical information has been published. More.

Australia - OHS - National campaign to reduce aggression-related injuries in hospitals underway
Workplace safety authorities are running a national campaign to reduce injuries from aggression in hospitals. Almost 9% of workplace assault claims come from hospitals. Around 160 hospitals are being audited. The project is due to end in June. View Victorian informationView WA information.

 

Fines and prosecutions

 

NSW - Transport company fined $220K after driver hit and killed by prime mover
A major transport company has been fined $220,000 following the death of a driver who was hit by a prime mover.  The prime mover driver did not notice he had hit his colleague, in a poorly lit area. More.

NT - $185K fine after worker falls into corrosive liquid 
A mining company has been fined $185,000 after a worker suffered burns to 25% of his body when he fell into highly corrosive liquid.  It is the fifth serious accident at the site, two of which were fatal.  More.

QLD - Unlicensed electrical work leads to $85,000 fine

A Mackay building company has been fined $85,000 for allowing two unqualified workers to do electrical work on 195 houses. More. 

QLD - $65,000 fine over injury to labour hire worker; no certificate of competency
A construction company has been fined $65,000 after a labour hire worker’s leg was fractured. A 20-tonne excavator clipped a stack of pylons, which fell and knocked him to the ground.  The excavator operator did not hold a certificate of competency and his supervisor was aware of this.  More.

QLD -
Crane company fined $30,000 after crush injuries
A crane company has been fined after a worker’s legs were crushed after climbing onto a load being lifted. More. 

SA - Waste companies fined nearly $80,000 over crush injuries
Two waste companies have been fined nearly $80,000 after a truck driver was struck by bales of compressed waste.  He sustained fractures to his pelvis, lower back and knee.  More.

SA - Church fined $20,000 over severe burns to student
A Catholic church has been fined nearly $20,000 after a student was severely burnt during a camp.  A gas canister ignited, engulfing the student in flames.  More.

SA - Forklift driver fined over fatal fall

A 65 year old forklift driver has been fined $5,600 and will have his forklift competence re-assessed after lifting a visiting worker nearly 6 m on the forklift tines, contrary to company policy.  The contractor fell and died.  More. 

SA - Unguarded circular saw leads to flooring company fine

A flooring company has been fined $14,400 after an employee cut his hand on a circular saw.  The saw was inadequately guarded and did not have an accessible emergency stop device.  More. 

TAS -$100,000 fine for amputated arm

A shipping company has fined $100,000 after a worker's arm was amputated when he was hit by a crane cable.  It is the largest Tasmanian fine for a non-fatal workplace accident. More. 

VIC - Record $1.4M fine after go-kart death
A Melbourne go-kart centre has been fined a record $1.4 million after the death of a patron when her go-kart crashed into a barrier at a work function. The fine is the largest imposed for a single death in Victoria. More.

VIC - $70,000 fine over concrete panel death

A crane company has been fined $70,000 after a worker was killed by a falling concrete panel.  More.

VIC – Abattoir explosion leads to convictions and $65,000 fines
A major meat processor and a plumbing company have each been convicted and fined $32,500 after an explosion at an abattoir. More.

VIC - Pleading guilty to high-pressure hose incident saves contracts
An employer has been fined $60,000 after a sub-contractor's leg was fractured by an out-of-control high-pressure hose.  Had the company not pleaded guilty, the judge said it would have been convicted and fined $80,000.  The conviction would have jeopardised contracts that make up 50% of its income.  More.

VIC - $60,000 fine over fall leading to paraplegia

A carpet manufacturer and its maintenance service provider have been fined $45,000 after a worker fell 3.8 metres onto a concrete floor.  There was no fall protection. He is now a paraplegic. More.

WA - Untrained tilt-up workers and panel collapse leads to $40,000 fine
A construction company has been fined $40,000 for failing to ensure that tilt-up construction workers had completed approved courses.  More.

WA - No second chance for mining company
A large mining company will be ordered to stop work if more safety breaches are found.  Notices will no longer be issued - work will be halted.  This unprecedented step follows five deaths in eight months at the company's Pilbara operations.  Twelve improvement notices were issued in two weeks.  More. 

WA - $25,000 for lack of driver rest breaks
A Geraldton bakery has been fined $15,000 plus nearly $10,000 costs for not ensuring that a driver was taking legally-required rest breaks.  It is the company's second fatigue-related charge.  More.

NZ - Company fined
$86,500 after worker crushed by pipe
An Auckland company has been ordered to pay $86,500 in fines and reparation after a driver was hit by a half-tonne polyethylene pipe that was being unloaded.  More. 

NZ - $30,000 fine over severe injuries from load fall
A glazing company has been fined $30,000 after a load weighing nearly 700 kg fell on a worker, causing serious injuries.  The worker has not returned to work, more than one year after the incident.  More.

NZ - DoL publishes OHS enforcement principles and policies

The Department of Labour has released the principles and policies it follows when enforcing the Health and Safety in Employment Act. More. 

 

Other news

Australia - OHS - Safe Work Australia now established
The Safe Work Australia Council (SWA) has now been established, replacing the Australian Safety and Compensation Council (ASCC).  Go to SWA website.

Australia – OHS - Comcare reviewing OHS rep training

Comcare is reviewing the accreditation program for health and safety representative training.  Stakeholders are invited to comment through surveys or in a face-to-face forum.  No deadline has been given.  More. 

Australia – Chemicals - Hazardous Substances Information System updated
Safe Work Australia has updated the Hazardous Substances Information System (HSIS) online database. The update reflects changes in Europe’s 30th Adaptation to Technical Progress to Directive 67/548/EEC. More.

Australia - Construction - Changes to OHS Accreditation Scheme now in place

The Building and Construction Industry Improvement (Accreditation Scheme) Regulations 2005 no longer apply to works funded under the Nation Building and Jobs Plan. More.  View fact sheet.

QLD - OHS – WHS reps can now issue PIN's
Under new laws,workplace health and safety representatives (WHSR) can now issue a Provisional Improvement Notice (PIN).  More

QLD – Coal mining – Addendum to tenure grant letter issued

The Queensland Government has issued an addendum to its Coal Mining Tenure Grant Letter.  It applies to coal mining exploration under the Mineral Resources Act 1989More.

TAS – Chemicals – Summary of new dangerous substances regulations published
Workplace Standards has published an overview of the draft Dangerous Substances (Safe Handling) Regulations 2008.  The regulations are expected to take effect on 1 July. More - click here and go to p. 14. 

VIC - OHS - Bullying prevention guide published
WorkSafe has published a guide on preventing and addressing bullying at work. View guide. 

VIC – OHS - Overview of WorkSafe inspector processes published
WorkSafe has published a summary of how inspectors deal with specific issues at workplaces. View publication.

VIC - Bricklaying - Rebate available for brick elevators
The Housing Industry Association (HIA) and WorkSafe are offering bricklayers a $500 rebate for the purchase of a new brick elevator.  Applications close 31 December 2009. More.  Download application form.

VIC - Electricity - Certificates now online
Certificates of electrical safety can now be purchased and lodged electronically via the Energy Safe Victoria website. More. 

NZ – OHS -
Views sought on improving workplace health and safety
The Department of Labour is asking private sector organisations and government agencies for practical and constructive ideas on how to improve workplace health and safety. More.

NZ - Hazardous substances - Chemicals inventory updated
ERMA has updated the New Zealand Inventory of Chemicals (NZIoC).  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.
View 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.