environmental ohs legal obligations
   

Oct 2009


Legislation
Upcoming changes


Bills

Publications

News
Campaigns
Fines/prosecutions
Other news

Case briefs

 
Archive

 
 

This OHS bulletin provides selected 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 - it is therefore recommended that you do not rely solely on it for upcoming information. Exclusions.

Legislation - Upcoming changes

Australia - OHS - Safe Work Australia to be established
The Senate has approved the creation of Safe Work Australia as an independent statutory agency. It will be responsible for improving OHS and workers’ compensation arrangements throughout Australia.  The agency is expected to become operational in November. More.
           
Australia - OHS - Draft national model OHS laws released - Open for comment until 9 Nov      
The Safe Work Australia Council has released national model OHS legislation for public comment. The new legislation aims to reduce the incidence of workplace death, injury and disease.  Documents available for comment include a model Act, administrative Regulations and consultation Regulation Impact Statement (RIS). The RIS will allow individuals and organisations to comment on the potential costs and benefits of the proposed Regulations. As part of the public comment process, businesses across a range of sizes, industries and regions will be surveyed, to obtain data on compliance costs and safety benefits. Comments close 9 November 2009. More.

Australia - OHS - Audit criteria updated
The Office of the Federal Safety Commissioner has updated the audit criteria it uses to accredit and review companies, to make requirements clearer. More

ACT - OHS - New Work Safety Act to start on 1 Oct
The Work Safety Act 2008 will replace the existing Occupational Health and Safety Act 1989 from 1 October 2009. The existing Act, Regulations and Codes of Practice apply until then.  View summary information of new Act.

ACT - Construction - New requirements for induction cards to start on 1 Oct
From 1 October 2009, all people on a construction site must complete OHS induction training before they are present on the site.  More


NSW - Coal mining - Certificates of competence under review - Open for comment until 6 Nov

The NSW Coal Competence Board is reviewing requirements for people to maintain their Certificates of Competence, under clause 173 of the Coal Mine Health and Safety Regulation 2006. Training and professional development activities are proposed. A discussion paper, skills report and submission template have been released. Comments close 6 November 2009. More - click here and go to "Discussion paper".

WA - Mining - Industry to fund safety inspections
Following a number of deaths at mine sites, the WA government is proposing new regulations that will require mining companies to pay for state safety inspections.  More.

Bills before Parliament

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

No bills this bulletin.

Publications - Draft

Australia - Chemicals - Draft codes for labelling and safety data sheets released
The Safe Work Australia Council has agreed to use the Draft National Standard for the Control of Workplace Hazardous Chemicals as the basis for new model chemical regulations.  Safe Work Australia is now drafting regulations.  A Draft National Code of Practice for the Labelling of Workplace Hazardous Chemicals and Draft National Code of Practice for the Preparation of Safety Data Sheets have been released.  Comments have closed.  Criteria for classifying hazardous chemicals, previously known as the "Approved Criteria", will also be developed.  More.

TAS - OHS - Changes proposed to Act - Closed for comment
The Tasmanian government has proposed to allow authorised representatives of employee organisations to enter workplaces for OHS purposes.  Comments have closed.  More.

WA - Fishing - Draft ‘overboard' code released - Open for comment until 27 Nov
The Commission for Occupational Safety and Health is seeking public comment on a draft code of practice on accidental falls from commercial fishing vessels. Comments close 27 November 2009. More. View draft.

News

Campaigns

VIC - Inspections to focus on major cause of injuries
WorkSafe inspections in coming months will focus on manual handling and slips, trips and falls, which account for 60% of reported workplace injuries. More.

Manual handling and slips WA - Slips, trips and falls campaign underway
From September, WorkSafe will be running a three month inspection campaign on slips, trips and falls.  It will focus on identifying risk factors in various industries.  More.

WA - Brewery OHS to be targeted
WorkSafe has launched a campaign to address OHS issues in the brewing industry.  The campaign will focus on identifying safety risks and providing information.  More

WA - 12 month campaign for hotel safety underway
WorkSafe inspectors are visiting hotels, motels and resorts in metropolitan and regional WA to identify hazards and provide information.  The program will run until June 2010.  More

Fines and prosecutions

 

Australia - Company receives undertaking & $125,000 fine over separate incidents
A rail company will make mandatory improvements to workplace safety, above the minimum legal requirements, following a court-enforceable undertaking.  It follows serious injuries to a worker's finger.  More. The same company has been fined nearly $125,000 over a separate incident, where a worker suffered burns to 20% of his body. More.

NSW - Supermarket chain to pay $400,000+ after truck driver injures back
A supermarket company has been ordered to pay a contract truck driver more than $416,000 in damages after he injured his back while unloading goods at a loading dock. More.

NSW - Tunnel death leads to $840K fine for three companies
Three companies have been fined a total of more than $840,000 after a rock fall killed a worker in the Sydney cross city tunnel project. The companies were constructing a ventilation tunnel when the roof collapsed.  More

NSW - $300,000 fine over worker's death
A construction company has been fined $300,000 after a tipper truck driver was crushed between a truck and a concrete placer-spreader machine.  Safety procedures were deemed to be deficient.  More

SA - $60,000 fines over trench collapse
Two companies have been fined a total of $60,000 after a trench collapse left a worker with serious brain injuries.  More

SA - Sawmill fined over worker injury
A Mt Gambier sawmilling company has been convicted and fined over an incident that left a worker with a potentially fatal head injury. More.

SA - Crush injury leads to $20K fine
An employer has been fined more than $20,000 after a worker's arm was crushed in a pasta making machine.  Risk assessments had not been done and there were no safe work methods.  More.

SA - Owner and director fined over concrete pour
An unsafe concrete pour has led to a building owner and director each being fined $44,000.  Concrete and woodwork fell 4 m, endangering three workers and injuring one.  More.

SA - Builder fined over asbestos contamination
A construction company has been convicted and fined over inadequate and illegal asbestos removal from a hospital.  More.

SA - Employer fined over crush injury

A manufacturer has been convicted and fined $24,000 for failing to provide and maintain plant in a safe condition.  Lack of training was deemed to be the major cause of the injury.  It is the company's second offence.  More.

VIC - Worker's death leads to conviction and $300,000 fine
A roller door manufacturer has been convicted and fined $300,000 after a worker was hit and killed by a steel drum that fell from a crane. More.

VIC - Company convicted over poor explosives management
A drilling company has been convicted and fined after its use of explosives resulted in a worker being hit with rock. WorkSafe identified a number of safety failings that could have led to a fatality.  More.

VIC - Labour hire worker's fingers amputated; host employer fined $45,000
A meat processing company has been convicted and fined $45,000 after a labour hire worker had three fingers amputated.  His fingers contacted a rotating shaft or paddle of a meat-mixing machine.  They were not guarded.  More.

WA - Company fined for giving false information
A South Australian-based company has been fined $12,000 for giving false information to an inspector. The company falsified training documents for a trolley collector who was killed in a car park.  More.

NZ - $170K costs to company after confined space death
A company has been fined $45,000 and ordered to pay $125,000 in reparations after the death of a plant manager in a confined space. The man, who was using sand as a work platform inside the sand bin, became engulfed in the sand.  More.

Other news

Australia - Australian workplaces fail to meet safety targets
Self-imposed targets for reducing serious injury claims have not been met in Australian workplaces, according to a Safe Work Australia progress report. The interim report on the National OHS Strategy 2002-2012 has revealed that the target of a 20% reduction in serious injury and musculoskeletal claims was not met. Compared with seven other OECD nations, Australia has only slightly improved its workplace fatality rate since the start of the decade, to two deaths per 100,000 workers. More.

NSW - OHS - Roof publication released
WorkCover has released a publication with practical advice for safely working on the roofs of commercial and industrial buildings. Safe work on roofs part one - Commercial and industrial buildings is aimed at employers, self employed persons and employees.  More.

NSW - Mining - New analgesic legal at mines
It is now legal to possess and use the analgesic gas methoxyflurane, also known as Penthrane, for first aid in NSW mines. Only authorised people can administer it. More.

WA - Construction - Changes to construction induction training now apply
New regulations require construction workers to complete induction training before undertaking construction work. Workers who have already completed the course don't need to repeat training.  More.

NZ - First aid - First aid guidelines published
The Department of Labour has published a guide to help employers ensure they have adequate first aid plans. View guide.

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.