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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 - Rail transport - Industry standards to be recognised as "good practice"
Australia's Transport Ministers have unanimously voted that regulators will recognise industry-developed rail safety standards as ‘good practice’. This will improve the take-up of national standards across the rail sector. The National Transport Commission developed the National Policy Statement for the Recognition of Industry Developed Standards for Rail Safety through consultation with industry, unions and rail safety regulators. More.
ACT - OHS - Draft OHS regulations released
The ACT Government has released an exposure draft of the Work Safety Regulation 2009, which will supplement the new Work Safety Act 2008. The new Act will commence on 1 October 2009, replacing the existing Occupational Health and Safety Act 1989. Comments have closed. More.
ACT - Construction - Induction card and licensing for high risk work to be introduced
From 1 October 2009, people working on ACT construction sites must have a construction induction card, which will be recognised in all other Australian jurisdictions. People doing high risk work will also need to be licensed. This is consistent with national standards. More.
QLD - Cranes - New laws for mobile cranes (slewing/non-slewing)
From 30 August 2009, new laws will apply to mobile cranes (slewing/non-slewing). An employer must not allow a person in charge of and/or operating a mobile crane (slewing/non-slewing) to also do their own dogging work or supervise a trainee dogger. A technical guidance note is available. More.
QLD - Mining - Amendments to mining laws passed
The Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 have been amended. As part of the amendments, people making complaints or raising issues about OHS at a mine will be protected. The changes were expected to commence on 25 June 2009. More.
SA - Hazardous work - Comment invited on new regulations - Open for comment until 7 Aug
SafeWork is inviting comments on new hazardous work regulations. A discussion paper is available. Comments close 7 August 2009. More.
TAS - Dangerous goods - Transport regulations under review
Workplace Standards is preparing new legislation for the transport of dangerous goods by road or rail, to come into effect later this year. The regulations will be consistent with other parts of Australia and with international requirements. As part of this, the 7th edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail will be adopted. More - click here and go to page 21.
WA - Electricity - New safety switch regulations for houses from August
The WA Government will introduce new residual current device (RCDs) regulations in August. Under the new legislation, every home sold or leased must be fitted with a minimum of two RCDs to protect all power point and lighting circuits. View media release. View regulations.
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Bills before Parliament
The Bills (draft Acts) listed below are being considered by Parliament. Only major OHS Bills are listed.
No Bills.
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| Publications - Draft
Australia - Transport - Transport medical standards under review - Open for comment until 14 Aug
The National Transport Commission (NTC) is seeking public comment on transport medical standards for drivers and rail safety workers. An issues paper is available. Comments close 14 August 2009. More.
NSW – Coal mining - Draft guidelines on fire suppression published - Closed for comment
The NSW Department of Primary Industries has released a draft Guideline for the prevention, early detection and suppression of fires in coal mines. Comments closed on 31 July. More - click here and go to "Industry comment is sought on draft MDG 1032”.
SA – First aid – Revised draft Code of Practice released - Closed for comment
A revised version of the draft Code of Practice for First Aid in the Workplace has been released. It incorporates feedback received during the public comment period in 2008, particularly in relation to first aid kits and trained first aiders. Comments have closed. More.
SA – Working hours - Code of Practice for working hours released - Closed for comment
A proposed Code of Practice for working hours has been released, together with a discussion paper. Comments have closed. More.
WA – OHS - Legionnaires' disease draft code published - Open for comment until 5 Oct
The Commission for Occupational Safety and Health is seeking public comment on the draft code of practice for the prevention and control of Legionnaires' disease. When finalised, the draft code will replace the current code. Comments close 5 Oct 2009. More.
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| News
Campaigns
Australia - Construction - Mobile plant and equipment to be targeted during reaccreditation
The Office of the Federal Safety Commissioner will target mobile plant and equipment as the hazard for review during reaccreditation audits. More.
Australia – Manufacturing - Inspectors to do follow-up visits of manufacturing workplaces
Workplace safety inspectors will do follow-up visits to manufacturing workplaces to assess how they’re managing manual handling risks. Nationally, 181 audits will be conducted over a two-month period from mid June 2009 to mid August 2009. The workplaces audited will be drawn from those involved in the original 2007 audits. More.
Australia - Scaffolding - National campaign to improve safety underway
Australia’s workplace safety authorities are conducting a national campaign to improve scaffolding safety. In August and September, inspectors from all states will visit residential and commercial construction sites to ensure that safe work procedures are in place. More.
NSW – Printing – 12 month OHS program with WorkCover underway
WorkCover and the Printing Industries Association have joined together for a 12 month campaign to improve OHS in the printing industry. More - click here and go to p. 16.
VIC - Flemington workplaces to have inspector visits in August
Flemington businesses will be visited by WorkSafe inspectors from 3 to 7 August. More.
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Fines and prosecutions
NSW - Conviction and $126K in fines after crushing death
A manufacturer and its two directors have been convicted over an incident where an employee was crushed to death. More.
NSW - $30,000 fine for faulty truck braking system
A company has been fined $30,000 after a truck's brakes failed while descending a mine's decline entrance. More - click here and go to p. 11.
QLD - Prosecution follows forklift rollover
A mine operator has been prosecuted after a worker received serious injuries when his
forklift rolled over on uneven ground. More.
QLD - Building contractor fined nearly $50,000 over 7m fall
An Adelaide construction company has been convicted and fined $47,500 after an employee was seriously injured from a 7m fall. More.
QLD - Brisbane abattoir fined $35,000 over safety breach
A Riverview company has been fined $35,000 after a worker was injured at Dinmore abattoir. More.
QLD - Fruit company fined $32,500 after worker run over by tractor
A citrus fruit producer has been fined $32,500 after a worker was injured when a tractor ran over him at a Gayndah orchard. More.
SA - Worker falls from walkway and dies; $72,000 fine for company
A fertiliser company has been fined $72,000 after a labour hire worker fell from an overhead walkway and died. After the worker's death, the company spent $5,000 to make the walkway safer. More.
SA - $72,000 fine after apprentice’s death
An Adelaide engineering firm has been convicted and fined $72,000 over safety failings that led to the death of a teenage apprentice. His dustcoat became caught on the unguarded spinning shaft of a horizontal borer. More.
SA – Slaughter house fined over severe hand injury
An Adelaide Hills abattoir has been convicted and fined $22,000 after a worker's finger was amputated. It was given a 25% discount for its cooperation, early guilty plea and remedial action. More.
TAS - Conviction and $15,000 fine after 7m fall
A company has been convicted and fined $15,000 after an inexperienced worker fell 7m through a roof on his first day at work. More - click here and go to page 23.
TAS - Electrician fined $5,000 over safety breach
A Hobart electrician who was injured at work has been fined $5,000 for breaching the Workplace Health and Safety Act. He was working on a switchboard, but failed to isolate it, breaching the company’s policy which required isolation. More.
VIC - Company and manager fined $376,000 over two serious incidents
A company and its manager has been fined $346,000 and $30,000, respectively, over two safety incidents involving lathes. A worker died in the second incident. More.
VIC - Company fined $250,000 after worker left in permanent vegetative state
A company has been fined $250,000 after a 700 kg crate of glass fell on a worker. Three years after the incident, the worker is still in a vegetative state. More.
VIC - Equipment manufacturer’s confusing information leads to fatality, $140K fine
An equipment manufacturer has been convicted and fined $140,000, after it provided maintenance instructions that were "hopelessly inadequate", leading to the crushing death of a worker doing routine maintenance. More.
VIC - Truck driver's death leads to $100,000 fine and conviction
A poultry processing company has been convicted and fined $100,000 after a truck driver was crushed by a falling forklift load. The forklift was driven by an unlicensed teenager. More.
VIC - Basic safety failing costs crane company $70,000
A construction company has been convicted and fined $70,000 for failing to do safety checks when erecting a concrete panel. More.
VIC - Government department prosecuted and fined $50,000 after student injury
The Education Department has been convicted and fined $50,000 plus costs after a student was injured when using an unguarded router. More.
WA - Company fined over contact with power lines
An underground installation company has been fined $5,000 after an excavator boom contacted overhead power lines. None of the measures agreed with the electricity company to safeguard against this were in place. More.
NZ - $86,500 costs to company after worker crushed by pipe
An Auckland cartage company has been ordered to pay $86,500 in fines and reparation after one of its drivers was hit by a half-tonne polyethylene pipe while his truck was being unloaded. More.
NZ - Crushing injuries leads to nearly $80,000 in costs for fumigation company
An Australasian fumigation company has been fined $38,000 and ordered to pay $40,000 to a worker who was crushed when a machine fell on him from a height of 3.5 metres. The worker suffered a fractured vertebra and dislocated shoulder and was unable to work for 10 months. More.
NZ - Ammonia leak leads to and worker illness leads to $42,000 fine
An ammonia leak at a cool store company has led to a company being fined $42,000. A number of employees suffered breathing difficulties, nausea and vomiting. More.
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Other news
Australia - OHS – First Safe Work Australia Council meeting held
The Safe Work Australia Council met for the first time in Sydney on June 10, focusing on harmonising the OHS laws. The council is comprised of 15 members, including an independent Chair, nine members representing each State, Territory and the Commonwealth, two workers’ representatives, two employers’ representatives and the Group Manager of Safe Work Australia. More.
Australia - OHS - Notified fatalities statistical report released
Safe Work Australia has released an analysis of data on work-related deaths between July 1 and December 31, 2008. View report.
Australia - Construction - New implementation guidelines for code of practice now in place
The Commonwealth Government has revised the Implementation Guidelines for the National Code of Practice for the Construction Industry. They commenced on 1 August. It outlines the responsibilities of government agencies as clients, project managers, contractors, subcontractors, consultants, related entities, industrial associations and employers in the construction industry. More.
Australia - Asbestos - Mesothelioma report released
Safe Work Australia has released a report on mesothelioma, analysing data for deaths and new cases. In 2005, 597 new cases were diagnosed; in 2006, 486 deaths were attributed to the cancer. More.
Australia - Construction - Federal Safety Commissioner now online
Online applications can now be made for accreditation to the Commonwealth Government building and construction OHS accreditation scheme. More.
Australia - Plant - Submissions on plant discussion paper published
Safe Work Australia has published submissions it received in response to its public discussion paper, Safety Requirements for the Design, Manufacture and Conformity Assessment of Plant. View media release. View submissions.
NSW – Asbestos removal – Online notification now available
People who are removing friable asbestos can now notify and seek approval from WorkCover on-line. More - click here and go to p. 16.
NSW - Chemicals - New fees for major hazard facilities
New fees are being introduced for operators of NSW major hazard facilities. More.
QLD - OHS - Policy on compliance and enforcement decisions released
Workplace Health and Safety Queensland, the Electrical Safety Office and Dangerous Goods Safety Management have released the Queensland Occupational Health and Safety Compliance and Enforcement Policy 2009. It explains the factors used for making decisions on compliance and enforcement. It is based on the National Occupational Health and Safety Compliance and Enforcement Policy. More.
QLD – OHS - Changes to Workplace Health and Safety Regulation 2008 now in place
A number of changes to the Workplace Health and Safety Regulation 2008 commenced on 1 July. More.
QLD - Construction - New national construction induction card and training requirements now apply
On 1 July 2009, Queensland launched a new construction induction card, formerly known as the 'blue card'. The card will be valid in all Australian jurisdictions, in line with national standards. New training requirements also apply. More.
QLD - Scaffolding - New code of practice introduced
New safety standards for suspended swing-stage scaffolding now apply, following the commencement of the Scaffolding Code of Practice 2009 on 3 July. The new Code replaces the 2004 Code and applies to people erecting, modifying, maintaining, dismantling and using scaffolding. More.
VIC - Construction - Industry steel erection standard launch
WorkSafe Victoria has launched its new industry standard on the Safe erection of structural steel for buildings. It has been designed to raise awareness of the dangers associated with erecting steel in the construction industry. More.
WA - OHS - Licence application fees increased
WorkSafe has increased its application fees for various licenses and registrations. More.
NZ – OHS - Independent OHS body disbanded
The NZ government disbanded the National Occupational Health and Safety Advisory Committee (NOHSAC) on 30 June. NOHSAC provided independent OHS advice and research. More.
NZ – Explosives– Controlled substance licence now required for explosives
From 1 July, people wanting to possess explosives must apply for a controlled substances licence and undergo a Police check. A transition period applies for existing explosives users. More.
NZ – Hazardous materials – Approved Handler Certificates may be due for renewal
The first Approved Handler Test Certificates are coming up for renewal. If you are an Approved Handler, check the expiry date on your certificate and renew if necessary. More.
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Case
briefs
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