April 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 model regulations a step closer
Safe Work Australia expects that an Exposure Draft of the national model OHS regulations will be released by September 2010. Once approved by Safe Work Australia, they will then go out for public comment for four months. More.

Australia – Chemicals – NICNAS seeks information on cosmetic chemicals – Open until 2 May
The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is calling for information on cosmetic ingredients that used to be regulated by the Therapeutic Goods Administration (TGA).  It particularly needs information about cosmetic ingredients that are not listed on the Australian Inventory of Chemical Substances (AICS), to determine if they meet the criteria for recognition as an industrial chemical. They may then be exempted from some requirements. Comments close 2 May 2010. More.

Australia – Radiation – RPS1 to change
The Radiation Health Committee (RHC) is reviewing the Radiation Protection Series Publication 1 (RPS 1). Likely changes, in accordance with the International Commission on Radiological Protection’s 2007 recommendations, include:

  • conceptual changes to the system of protection

  • increased emphasis on optimisation and a system of dose constraints and reference levels to ensure protection

  • changes to the radiation weighting factors and tissue weighting factors.

The RHC recommends that, where possible, radiation users start using the new weighting factors now, although they are not yet legally binding. More.

NT – High risk work - National standard to be adopted
The Northern Territory will adopt the National Standard for Licensing Persons Performing High Risk Work in late June 2010. The Standard covers the licensing, training and assessment of high risk work, including scaffolding and rigging as well as crane, hoist, forklift and pressure equipment operation. Current licence or certificate of competency holders will have a transitional period to convert to the new licence. More.

QLD – Licensing - Deadline for old paper tickets extended – Deadline now 30 Apr
Workplace Health and Safety has extended the deadline for people to convert their paper tickets to the new licence. All certificates issued before March 1992 must be updated by 30 April 2010. More.

SA – Mining - Changes to mine safety laws mooted – Open for comment until 6 Apr
SafeWork SA is seeking feedback from stakeholders on improving SA’s mine safety regulations and aligning them with other jurisdictions. A discussion paper has been released. Comments close 6 April 2010. More.

VIC – High risk work – National licensing standard to commence on 1 Jul
From July 1 2010, WorkSafe will adopt the National Standard for Licensing Persons Performing High Risk Work. The standard requires trainees to complete training over a period of time, by a registered provider, before being assessed for a high risk licence. More.

NZ – Hazardous substances - Compressed gas laws to be amended – Open for comment until 21 Apr
ERMA and the Ministry for the Environment intend to amend the Hazardous Substances (Compressed Gases) Regulations 2004. The amendments will address problems with the existing regulations, which include ambiguity, complexity, technical errors and requirements that are impractical or unnecessary. They apply to compressed gas containers, including cylinders, fire extinguishers, aerosols and non-refillable containers. A discussion paper is available. Comments close 21 April 2010. More.

NZ – Hazardous substances – Bulk transport laws to change – Open for comment until 20 Apr
ERMA and the Ministry for the Environment are amending laws for tank wagons and transportable containers used to transport bulk hazardous substances. The proposed changes will address problems with the existing regulations and will include laws for some types of tank wagons which are not covered by the existing regulations. A discussion paper is available. Comments close 20 April 2010. 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 (Safety Levies) Amendment Bill 2010
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Bill 2010

NSW
Coal Mine Health and Safety Amendment Bill 2010

QLD
Transport (Rail Safety) Bill 2010

SA
Petroleum (Miscellaneous) Amendment Bill 2009

VIC
Offshore Petroleum and Greenhouse Gas Storage Bill 2010

Publications - Draft

No draft publications this bulletin.

News

Campaigns

Australia - Forklifts - National campaign for wholesalers to start
Australian workplace authorities are embarking on a national campaign to improve forklift safety at grocery and fruit and vegetable wholesalers. Industry forums will be held, followed by workplace audits. More.

QLD – WHSQ to visit all medium-sized workplaces
Workplace Health and Safety Queensland will visit every medium-sized Queensland business in 2010 and 2011 to check compliance with the Workplace Health and Safety Act 1995. Businesses will be offered a free voluntary advisory session to identify issues and develop better safety practices before the inspections. More.

Fines and prosecutions

 

NSW – Mining deaths and exposure to risks leads to large fines
The death of two workers and injuries to others has led to large fines for a number of mining companies, contractors and employees. They include:

  • $800,000 in fines for two companies over a worker’s death, where each assumed the other would control risks

  • a quarry company and quarry manager being fined $214,500 and $21,450 respectively after a dump truck driver was killed when he lost control of the vehicle

  • $300,000 fines to companies after workers suffered finger crush injuries and bruising when an elevated work platform collided with a shovel bucket

  • maximum permissible fines of $110,000 for two companies, after a worker suffered serious eye injuries. The Magistrate assessed the penalties at $200,000.

Many of the prosecutions relate to contractors. More – click here and go to p. 9.

NT – Falling death from ute leads to $60,000 fine
A cattle station owner has been fined $60,000 after an employee riding in the back of a ute fell from it and died. Had the offence occurred after 1 July 2008, the company would have faced a maximum penalty of $650,000. More.

QLD - Company fined $65,000 over workplace drowning
An engineering company has been fined $65,000 over the drowning of a worker. He was pinned underneath a pump after his pontoon capsized.  More.

QLD - $40K fine for worker’s leg injury
A young labourer’s fractured leg from a rollover has led to a construction company being fined $40,000. The court deemed the company did not do a site risk assessment or provide adequate training. More

SA – $60,000 fines for three companies
Unsafe work practices and lack of machine guarding has led to fines for three SA companies. More.

SA - Packaging company fined for two hand injuries in four days
A packaging company has been convicted and fined nearly $50,000 over two incidents in which employees suffered serious hand injuries. In each case, the workers' hands were trapped in unguarded machinery. The Magistrate also ordered the company to give copies of his decision to its employees. The company has previously been convicted for a similar offence. More.

TAS – Toe amputations leads to $20,000 fine
A company has been convicted and fined $20,000 after a worker’s toes were amputated when a forklift tine fell on his foot. The safety bolts had been removed. More – click here and go to p. 34.

VIC – Collapsing floor in truck leads to $210K costs
A large transport company has been convicted and fined $170,000, plus $41,000 costs, after a truck driver suffered serious injuries when a suspended floor collapsed on him.  The company now operates under Comcare but came under the Victorian workers compensation scheme when the incident happened. It has two previous convictions. More.

VIC – $145K fine and seventh prosecution for food manufacturer
A food manufacturer has been convicted and fined $145,000 over a fitter’s thumb amputation. He believed the machine on which he was working had been isolated, but it was on a manual setting. It is the company’s seventh conviction since 1983. More.

VICTen charges, conviction and $135K fine for chemical burns
A fireproof clothing business has been fined $135,000 over two incidents involving corrosive chemicals. In the first incident, a worker became blind in one eye after a chemical splash and had to have the eye removed. The incident was not reported to WorkSafe. The second incident occurred six weeks later and led to facial burns to another worker. The company is now in receivership. More.

VIC – Bullying-related suicide leads to convictions
Four individuals have been convicted and fined a total of $115,000, and a company fined $110,000, over the bullying of a worker who later killed herself.  The employer knew the bullying was occurring. More.

WorkSafe is prosecuting at least two other serious cases of bullying and investigating many more. It is conducting seminars to prevent and manage bullying – see Other news. Guides on managing bullying are available.

VICCouncil agrees to enforceable undertaking for bullying
A shire council has entered into a court-enforceable undertaking to address bullying. The undertaking requires the council to:

  • provide training and information to community stakeholders, staff and other local councils

  • publish an industry magazine article outlining its safety failings

  • have its anti-bullying strategies approved by WorkSafe, audit them each year and report the results to WorkSafe

  • acknowledge its failings and publish its OHS performance results in its annual report,

amongst other things. More.

VIC – Tool manufacturer prosecuted for inadequate information
Failure to provide adequate safety information has led to a conviction and $80,000 fine for a tool manufacturer.  A router was being operated at nearly twice its maximum safe speed when it broke, hitting a worker in the chest and killing her. The tool was not marked with, and no information was provided about, a maximum operating speed. More.

VIC - Director fined $25K over unguarded shredder
A company director has been convicted and fined $25,000, and his company $50,000, after a worker’s hand was caught in an unguarded meat shredder, causing finger amputations. More.

WA – Loss of arm leads to $100K costs for brick company
A brick making company has been fined $70,000 plus $30,000 costs after a worker’s arm and shoulder were torn from his body by a material conveyor machine. Guarding was very ad hoc and there was no emergency stop button. Guards were fitted soon after the incident. More.

WA - Timber company fined over hand injury
A WA-based timber miller has been fined $60,000 after a worker’s hand was caught in machinery. WorkSafe deemed that a time-delay mechanism or a key-lock system could have prevented the incident. More.

WA – Failure to maintain plant leads to brain damage, $60K fine
A Broome resort has been fined $60,000 after an employee fell 6.5 m from a self-propelled elevating work platform (EWP).  The EWP was in poor condition and independent experts concluded it could not be used safely. The worker suffered permanent brain injuries and is now unable to work. More.

WA – $40K fine for loss of finger
A hay baling company has been fined $40,000 after a worker’s finger was amputated. The worker was operating a baling machine and didn’t press the emergency stop before trying to remove a jammed bale. WorkSafe deemed that, even though workers had been instructed to stop the machine before removing jammed bales, the system of work was not safe enough. There had been two similar incidents previously. More.

NZ – Fatality leads to $140K in costs for waste company
A $60,000 fine and $80,000 in reparations have been imposed on a waste company after an employee was hit by a vehicle while collecting rubbish. He later died.  More.

NZ – Crushing deaths leads to heavy fines
Following the death of a worker who was crushed in conveying equipment, a building supplies company has been fined $54,000 and ordered to pay $76,000 in reparations. More.

A plastics manufacturer has also been fined over a crushing death, where safety mechanisms had been overridden. Other safety mechanisms and guards at the company had either been overridden or removed. The company was fined $85,000; it has already paid more than $200,000 to the worker's family. More.

NZ - ATV rollover leads to death; $130K+ costs for employer
A honey manuafacturer has been fined $78,000 and ordered to pay reparations of $60,000 following the death of a worker. The all terrain vehicle (ATV) on which he was riding rolled over, killing him. He had not used one before and was not wearing a helmet. More.

NZ – $67K costs for adventure company after wall climbing accident

A climbing company has been fined $50,000 and ordered to pay reparations of $17,000 over a wall climbing incident. A 13 year old student fell nearly 9 m while rock climbing, fracturing her ankle and pelvis. Charges were laid under the Health and Safety in Employment Act 1992, for failing to ensure its customers weren’t harmed. More.

Other news

Australia – Rail – National strategy for rail crossing safety released
The Rail Level Crossings Group has developed a national strategy to reduce deaths and near misses at level crossings. The ten year strategy, approved by the Australian Transport Council, includes responsibilities for:

  • creating a national approach to level crossing safety

  • applying road safety lessons

  • improving community compliance and understanding of risks

  • using new technologies. More.

NSW – Mining - Fatigue management guide released
The NSW Mine Safety Advisory Council has released a guide to help develop and implement a fatigue management plan. More.

QLD – Diving and snorkelling – New code of practice released
The Queensland Government has combined the recreational diving, technical diving and snorkelling codes of practice into a single code, the Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2010. More.

QLD – Insulation – New requirements for conductive insulation
From 9 March, new requirements apply when installing electrically-conductive ceiling insulation, except metal foil batts. These include safety inspections and tests by a licensed electrical contractor, installation of safety switches and minimum separation distances between the insulation and electrical items. More.

VIC – OHS - Bullying seminars in April and May
WorkSafe is conducting a number of metropolitan and regional workshops where it will provide practical information on preventing and responding to bullying. More.

WA – Asbestos - Increased asbestos controls to start on 1 Jun
From June 1, new controls will apply when removing more than ten square metres of bonded asbestos, including asbestos cement material, from a workplace. Business operators will need to have completed an approved training course and hold an asbestos licence. WorkSafe is now accepting applications for asbestos licences. More.

NZ – OHS - Review of OHS strategy released
A review of New Zealand's Workplace Health and Safety Strategy has been released. It identifies key areas where more work is needed to reduce workplace deaths and accidents. There were 6,141 serious incidents notified in 2009, slightly less than in 2008, with the toll hovering around 6,000 for the past five years. More. View report.

NZ – Explosives – New limits for ports
Following a review of explosives handling at selected NZ ports, new quantity limits for a number of ports have been recommended. 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.

NSW – OHS – Prosecutors must prove ‘reasonably practicable’
A recent High Court decision has deemed that an employer, director or manager does not have to prove that they took all steps to avoid a risk of injury. Instead, regulators seeking to prosecute for OHS breaches will have to identify what is “reasonably practicable” and prove what could have been done to eliminate or control risk. The decision is part of a quashing of convictions under the Occupational Health and Safety Act 1983 (NSW) (1983 Act), in the case of Kirk v Industrial Relations Commission of NSW. More.

 

 

 

 


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.