environmental ohs legal obligations
   

February 2010


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 - National OHS laws a step closer
The Workplace Relations Ministers' Council has endorsed the model Work Health and Safety Act.  The model Act incorporates comments from Safe Work Australia, the Parliamentary Counsel's Committee and members of the public.  The Decision Regulation Impact Statement has identified a small net benefit across Australia from implementing the model provisions. More. View key amendments made following consultation.

Model regulations are now being developed and are expected to be released for public comment in late 2010.

Four groups of model regulations have been proposed:
• administrative regulations – these were released for public comment with the model Act and Regulation Impact Statement
• matters covered by national standards – plant, chemicals, major hazard facilities, manual handling, noise, licences, construction and confined spaces
• matters already regulated by two thirds or more of jurisdictions.
• matters not yet regulated by two thirds of jurisdictions. More – click here and go to p. 7.

Australia – Chemicals – RIS on model regulations published
Safe Work Australia has started drafting model regulations for workplace chemicals, which will be based on the National Standard for the Control of Workplace Hazardous Chemicals. A Regulation Impact Statement has been released. More.  

Australia – Chemicals – Disinfectant comments extended – Open for comment until 12 Feb
The consultation period for proposed changes to the regulation of hard surface disinfectants has been extended.  Comments now close 12 February 2010. More.

Australia – Nanomaterials – Changes to regulations proposed – Open for comment until 12 Feb
Changes to the way nanomaterials are regulated have been proposed. People who manufacture, import or market industrial nanomaterials in Australia and/or introduce products containing industrial nanomaterials into Australia are invited to comment. Comments close 12 February 2010. More.

Australia – Radiation - Amendments to National Directory for Radiation Protection proposed – Open for comment until 19 Feb

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is inviting submissions on Amendment No. 5 to the National Directory for Radiation Protection and to Schedule 11, adding two new codes of practice. Comments close 19 February 2010. More.

ACT – Smoking – Expansion of smoking ban proposed
The ACT government has proposed to prohibit smoking in outdoor eating and drinking areas and at underage functions.  Legislation is unlikely to commence until after 1 December 2010.  More.

NSW – Construction - Licensing of formwork and explosive-powered tools to be repealed
From 1 February 2010, certificates of competency will no longer be required for formwork or explosive powered tools. This change brings NSW in line with other Australian jurisdictions. More.

QLD – OHS - Summary of how national model OHS laws will affect you published
The Queensland government has published a summary of how the proposed national model OHS laws will affect Queenslanders.  More - click here and go to p. 5.

SA - First aid - New first aid code to start in December 2010
The SA government has passed a new code of practice for workplace first aid. The new code caters to different workplaces and is in line with other jurisdictions. Following a 12-month transitional period, the Code will commence on 10 December 2010. More.

WA - OHS - WA will retain some of its own OHS laws
The WA government has indicated that it will not adopt all of the model national OHS laws. More.

WA – Asbestos - Tighter controls on asbestos removal to start in June
From June 1, 2010, business operators removing more than ten square metres of bonded asbestos, including asbestos cement material, in a workplace will need to have completed an approved training course and hold an asbestos licence. These changes will bring WA in line with other jurisdictions.  WorkSafe will begin accepting applications for asbestos licences from 1 March, 2010. More.

NZ - Hazardous substances - Consultation on changes to labelling group standards underway - Open for comment until 12 Feb
ERMA is considering extending the exemption from labelling requirements if certain conditions are met.  The exemption was due to expire on the 31 December 2010.  ERMA is now proposing to allow the exemption to continue indefinitely. A consultation document is available.  Comments close 12 February 2010.  More.

NZ - Adventure and outdoor tourism - Review of OHS underway - Closed for comment
The Dept of Labour is reviewing risk management and safety in the adventure and outdoor commercial sectors.  Comments on the initial phase have closed.  More.

Bills before Parliament

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

Australia
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Bill 2009

ACT
Smoking (Prohibition in Enclosed Public Places) Amendment Bill 2009

SA
Petroleum (Miscellaneous) Amendment Bill 2009

Publications - Draft

No draft publications this bulletin.

News

Campaigns

VIC – WorkSafe inspections to start in Feb
In February, WorkSafe inspectors will be conducting OHS inspections in Seaford, Bacchus Marsh, Heidelberg, Portland, Williamstown, Bayswater and Sale. More.

Fines and prosecutions

 

NSW - $250K fine for deadly electrical "isolation"
A cement company has been convicted and fined $250,000 over the electrocution of a contractor electrician. The company advised the worker that a switchboard was isolated by a single power source, when it actually had multiple sources. The switchboard was not labelled to indicate the multiple sources and no risk assessment was done.  More.

QLD – Worker’s death leads to $80,000 fine
A bitumen company has been fined $80,000 after a worker was run over by a 16-tonne multi-tyred roller while doing maintenance work. She later died. More.

QLD - Pet food company fined $40,000 over safety breach; history of OHS issues revealed
An employer has been fined $40,000 after a series of OHS issues involving plant, which culminated in a worker’s arm being fractured. Her clothing became entangled in an unguarded drive shaft. More.

QLD - Boat manufacturer fined $45,000 for broken leg
A Coomera boat manufacturer has been fined $45,000 after a worker fell 2m and broke his leg. The portable stairs on which he was working could have been secured to a mezzanine walkway, but weren’t. More.

SA – Inadequately guarded machine leads to finger amputations; principals fined
The principals of an engineering company have been convicted and fined after an employee’s fingers were amputated.  A press was inadequately guarded. More.

SA – $15K fine over trainee’s electrical burn
Failure to use safety systems has led to the conviction and $15,000 fine of an electrical contractor, after a trainee suffered burns from an arc flash.  More.

SA – Paralysis and skull fractures leads to $28,000 fine
Snowtown farm operators have been fined $28,000 after a worker suffered skull fractures, loss of sight in one eye and paralysis. The man was hit by a winch handle. The fine was discounted 30% because of a high level of contrition. More.

VIC - $650,000 fine over quarry death
A major quarrying company has been convicted and fined $650,000 over the death of a worker. The worker died when a rock crusher’s 1.3 tonne steel liner fell from its mounts, crushing him. More.

VIC - Fatal confined space work leads to $500,000 fine
An Altona North tank cleaning company has been convicted and fined $500,000 after a worker was overcome by chemical fumes in an empty $25,000 tank and died. More.

VIC - Director and employer convicted and fined over amputated hand
A director and a sawmill have been convicted and fined $15,000 and $55,000 respectively after a worker's hand was amputated while operating an unguarded docking saw.  The director was aware of the need for guarding; he had previously removed guarding from a similar machine and had not replaced it.  Safety improvements were made after the incident.  More.

VIC – $75,000 fine for volunteer’s drowning death
The drowning death of a volunteer has led to a conviction and $75,000 fine for the Victorian State Emergency Service (SES). It has also been ordered to review its operations. The volunteer drowned in the Murray River while taking part in a training exercise.  He had previously advised he had very poor swimming skills. More.

VIC - Labour hire company fined $90,000 for OHS failings at host company
A labour hire company has been fined $90,000 for failing to ensure a host employer provided safe work procedures or adequate induction. The host company has previously been fined $45,000.  A worker’s fingers were severed by a poorly guarded machine.  More.

VIC – Workplace bullying leads to teen suicide; company and perpetrators plead guilty
Physical and emotional bullying at a Melbourne café has led to the death of a teenage waitress, a court has found. Three perpetrators, and one company, have pleaded guilty. The trial will continue on 5 February 2010. More.

VIC – $13K for asbestos warning failure
The Victorian Education Department’s has been fined $10,000 plus costs for its failure to advise a contractor of the presence of asbestos. Parents and others were subsequently exposed to the substance. The Geelong school had previously obtained a report indicating the presence of asbestos, but failed to maintain the register. More

WA – Crush injury and inadequate lockout leads to $20,000 fine
A company has been fined $20,000 after a worker suffered crush injuries and a partial finger amputation.  While working on a machine, it started up, crushing the person’s hand. The supervisor usually switched the machine off for cleaning, but was on sick leave and he was not replaced. The company was deemed to have inadequate lockout procedures. More.

WA - $15K fine for fall through floor opening
Following a 3m fall through an opening in a third storey floor, a construction company has been fined $15,000. Plywood covers were in place but formwork underneath them had been removed. The worker hadn’t been informed. More.

NZ - $390K+ fines for two companies over coolstore explosion
Two companies and one company Director have been ordered to pay more than $390,000 in fines and reparations over a coolstore explosion in April 2008.  One firefighter was killed and seven others received serious injuries. The fines relate to a failure to ensure the safety of employees and warn the NZ Fire Service of the presence of a highly flammable refrigerant.  More.

NZ - Company fined $115,000 for safety breaches
A construction company has been fined $115,000 for safety breaches, after a barge came adrift with workers aboard. More.

NZ – 30 workplace deaths in last half of 2009 raises concerns
The Department of Labor has called for a report on workplace fatalities after 30 New Zealanders died from workplace accidents between July and November last year. More.

Other news

Australia – Website for mutual recognition of licences goes live
A new website enables people to look up a licence entitlement in another jurisdiction, based on their currently-held licence. The website also has details on how to apply for a licence. Go to www.licencerecognition.gov.au. Other work likely to be included in the national licensing system by 2012 includes electrical, air conditioning, refrigeration, plumbing, gas fitting and property services. Building-related work, land transport (passenger vehicle drivers and dangerous goods), maritime, conveyancing and valuing are expected to be addressed by July 2013. More.

SA – High risk work – Information sessions on new licensing standard to be held
SafeWork SA is holding information sessions on the new National Standard for Licensing Persons Performing High Risk Work 2006 in February. The standard is expected to commence in 2010. It will apply to scaffolding, dogging, rigging, forklifts, cranes, hoists, elevating work platforms and pressure equipment. Licences will be recognised across Australia. More.

WA -
New code of practice on plant guarding released
WA’s Commission for Occupational Safety and Health has released a new code of practice for the safeguarding of machinery and plant. The code applies to workplaces covered by both the Occupational Safety and Health Act 1984 and the Mines Safety and Inspection Act 1994, making it applicable in almost all WA workplaces. 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.