June 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 – Revised model Act endorsed
Safe Work Australia members have endorsed the amended Model Work Health and Safety Act. The Act may be amended until it is implemented on 1 January 2012, so that any issues that arise when jurisdictions enact it can be addressed. More – click here and go to ‘Model Work Health and Safety Legislation’.

Australia – Chemicals – Scheduling of poisons to change on 1 Jul
Scheduling of scheduled poisons will change from 1 July 2010, but most changes won’t affect legal obligations. The Standard for the Uniform Scheduling of Drugs and Poisons(SUSDP) will be renamed the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP). More.

Australia – Construction - National falls code for housing construction declared
SafeWork Australia members have agreed to declare the National Code of Practice for the Prevention of Falls in Housing Construction. It will provide guidance to the residential construction sector, until the national work health and safety legislative framework is implemented. Each jurisdiction will need to adopt it. More – click here and go to ‘National Code of Practice for the Prevention of Falls in Housing Construction.

Australia - Elevated work platforms - New safety devices required from 1 Jun
Some types of elevated work platforms (EWPs) that are imported or manufactured in Australia must have additional safety devices fitted, from 1 June 2010. A deadline for retrofitting existing EWPs in Australia is still being discussed. More.

Australia – Mining – New safety levy to be introduced
A new safety levy is set to be introduced for mining and petroleum operations, before 30 June 2010. More.

Australia – OFSC - Changes to contractor reporting to start on 1 Jul
Reporting requirements for contractors accredited under the Office of the Federal Safety Commissioner will change on 1 July 2010. The changes incorporate feedback received from companies and the Industry Reference Group and aim to improve the quality of OHS data collected. More.

Australia
– Radiation - IAEA basic safety standards being revised
The International Atomic Energy Agency (IAEA) is revising its standards for ionizing radiation and radiation sources (the ‘BSS’). It has released BSS draft 3.0 for comment. ARPANSA sponsored a national forum to discuss the changes in May.  Comments have closed. More.

NT – Dangerous goods – Uniform transport legislation to be considered in June

The NT parliament will consider the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Bill during the June parliamentary sittings. If passed, the Bill will replace the current Dangerous Goods (Road and Rail Transport) Act and the Australian Dangerous Goods Code (7th edition) will be adopted into legislation. A transition period will apply. More – click here and go to p. 2.

NT – Explosives transport – AEC3 to be adopted
The NT Government is amending the Dangerous Goods Regulations, and intends to adopt the Australian Code for the Transport of Explosives by Road and Rail 3rd Edition (AEC3) in late 2010. This will improve consistency amongst Australian jurisdictions. Until AEC3 is adopted, AEC2 will continue to apply. More – click here and go to p. 2.

NT – High risk work – National licensing standard to commence on 30 Jun
As part of the national harmonisation of OHS legislation, the NT Government will adopt the National Standard for Licensing Persons Performing High Risk Work on 30 June 2010. The Standard applies to cranes and hoists; dogging and rigging; scaffolding; forklifts; and pressure equipment. More.

QLD – Rail safety – New Act passed by Parliament; yet to commence
The Transport (Rail Safety) Act 2010 was passed by Parliament in April. The objectives of the Act are to improve rail safety and promote public confidence in the safety of rail transport. It has not yet commenced. View Act.

NZ – Chemicals – Changes to packaging requirements proposed – Closed for comment
ERMA is considering changing child-resistant packaging requirements for products covered by its group standards. It is also recommending that products can be packaged in accordance with Australian, EU and US requirements as an alternative to the NZ group standards. Comments have closed. More.

NZ – Cosmetics – Changes to group standard proposed – Closed for comment
ERMA is proposing to amend the Cosmetic Products Group Standard. Comments have closed. More.

NZ – Hazardous substances – Changes to qualification requirements proposed – Closed for comment
ERMA and the Ministry for the Environment are proposing to change requirements for personnel qualifications under the Hazardous Substances and New Organisms Regulations. The changes will address ambiguities, inconsistencies and unworkable provisions. A discussion paper has been released. Comments have closed. More.

Bills before Parliament

The Bills (draft Acts) listed below are being considered by Parliament. Only major OHS Bills are listed.
SA
Mining (Miscellaneous) Amendment Bill 2010

WA

Rail Safety Bill 2009

Publications - Draft

Australia – Chemicals - Report on multiple chemical sensitivity released – Closed for comment
NICNAS has released a draft report on multiple chemical sensitivity (MCS). Comments have closed. More

Australia – Transport – New medical standards for driver licensing published – Open for comment until 14 Jun
The National Transport Commission has proposed changes to medical standards for private and commercial drivers. The changes aim to improve the decision making process for driver licensing. Comments close 14 June 2010. More.

WA – Agriculture – Guidance note on falls from height released – Open for comment until 23 Jul

WA’s Commission for Occupational Safety and Health has released a draft guidance note about preventing falls from height in the agricultural industry. Comments close 23 July 2010.  More.

News

Campaigns

Australia & NZ – Farming - Program to improve quad bike safety underway
Workplace safety authorities across Australia and New Zealand have commenced a program to improve quad bike safety. Regulators will be working with industry, unions, training providers and Government bodies to reduce risks. Guidance material is available from individual workplace safety regulators. In the past 10 years, there have been 130 farm-related quad bike fatalities in Australia. More.

ACT – Bullying – Workshops coming up
The Work Safety Commissioner is holding a number of bullying workshops between June and September. More – click here and go to Events at the bottom of the page.

NSW – Driver fatigue – Long distance trucking now being targeted
WorkCover has launched a major campaign targeting driver fatigue amongst heavy vehicle companies and drivers. As part of the campaign, WorkCover inspectors will visit depots and companies, driver awareness days will be held at busy truck stops and guidance material on fatigue management will be mailed out. It will run for six to eight months. More.

QLD – OHS - Medium-sized business campaign continuing
Workplace Health and Safety Queensland’s medium-sized business initiative is well underway. As part of the campaign, every business with an annual payroll of $1 - $10M will be audited. More.

NZ & Australia – Farming - Program to improve quad bike safety underway
NZ and Australian workplace safety authorities have commenced a program to improve quad bike safety. Regulators will be working with industry, unions, training providers and Government bodies to reduce risks. Guidance material is available from individual workplace safety regulators. More.

Fines and prosecutions

 

NSW - Bullying victim awarded $500,000
A Sydney worker who was subjected to “sustained intimidation, bullying and harassment” by her supervisor has been awarded more than $500,000 in damages.  She now suffers from an anxiety disorder, some elements of post-traumatic stress disorder and other health issues. She is unlikely to work again. More.

QLD  - $80,000 fines for forklift injuries        
Two companies have been fined a total of more than $80,000 after workers were hit by reversing forklifts in unrelated incidents. Case 1. Case 2. WHSQ comments.

QLD - Quad bike death leads to $60,000 fine
An employer has been fined $60,000 plus costs after a 19 year old worker died in a quad bike incident. He was not wearing a helmet. More.

QLD – Verbal instructions not an adequate risk control; $30K fine
A worker’s fractured arm has led to a $30,000 fine for a construction company. The company had identified the hazard of a rotating winch handle, but the only risk control was verbal instructions. More.

SA – Worker fined after explosion from cigarette lighter
A worker has been convicted and fined more than $4,000 after causing an explosion. He lit a cigarette lighter near workers who were painting the inside of a pressure vessel, causing the paint fumes to ignite. Two people were injured, one with severe burns. More.

SA – Conviction and $24K fine for forklift trip
A transport company has been convicted and fined $24,000, after a delivery driver tripped over the tines of a forklift. Forklifts and pedestrians were required to use a common doorway. More.

SA - $26,250 fine after metal splinters enter worker’s leg
Metal splinters penetrating a worker’s leg has led to a fine of $26,250 for a materials supplier. It was deemed that the employer failed to provide an appropriate tool for the task and did not adequately control risks. More.

VIC - First reckless endangerment conviction, $800,000 fine
A drilling company and its director have been found responsible for the death of a truck driver and fined more than $800,000. It’s the first company in Victoria to be convicted of recklessly endangering a worker. It was deemed that the company failed to ensure the 21 year old driver was properly trained to operate the truck off-road on a steep slope and did not ensure the truck was in proper working order. More.

VIC – Charities to receive $500K after WorkSafe prosecution
A timber company and its director have been ordered to give $540,000 to charities and emergency services, as part of an OHS prosecution. A worker suffered life-changing injuries, including an arm amputation, after becoming entangled in an unguarded post-peeler. More.

VIC – Directors and company fined again
Two construction company directors have been convicted and fined $60,000 each after a worker died when a floor collapsed. The company has been convicted and fined $350,000.  The company and directors have previously been fined when they continued work after the death, in spite of a WorkSafe prohibition notice. The company has now been fined a total of $520,000 and the directors $165,000. More.

VIC - Company fined $130K after crush death
The death of a worker while loading an elevated work platform (EWP) onto a truck has led to the conviction and $130,000 fine for his employer. He had not been trained in loading an EWP. More.

VIC – Government department agrees to enforceable undertaking after students injured
Following the injury of school students from inadequately-guarded machinery, a government department has entered into an enforceable undertaking to improve safety in woodwork, metalwork and automotive classrooms. More.

VIC – Conveyor injuries lead to convictions for four companies
Four companies – two abattoirs and their contract cleaning companies - have been convicted and fined after two cleaners suffered arm injuries from an unguarded conveyor. More.

VIC – Company appeals against fine; fine tripled
A metal fabrication business that appealed against a $25,000 OHS fine has seen it tripled to $75,000. A 16 year old worker lost part of his fingers after being crushed by a press, which did not have an interlock system. More.

VIC – Different languages must be accommodated
WorkSafe has prosecuted a potato farm for failing to ensure a worker with limited English received clear instruction and training. The company was convicted and fined $40,000, after the worker lost control of the machine and hit a truck driver.  More.

VIC – Fine for licence testing breaches
A person who issued licences for high risk work without proper assessment has been fined $3,500. The person didn’t do any practical assessment of applicants’ skills in scaffolding, rigging and boom-type elevating work platforms, and gave them the answers for the written assessment. More.

WA - Labour hire companies must ensure safety at host employers
A Perth labour hire company has been fined $30,000 after one of its hired workers died. The worker was riding an all-terrain vehicle (ATV) without a helmet, which was standard practice at the farm where he was working. He drove into a wire gate and died from his head injuries. More.

WA – Production Manager, Director and company fined over finger amputations
An employee’s finger amputations have led to a company being fined $20,000 and the Director and on-duty Production Manager $1,500 each, plus costs. The interlocking mechanism of a cheese grinder was not operating.  A guard was installed after the incident. More.

WA – Forklift/car collision leads to fine
A freight company has been fined $10,000 for failing to ensure a person’s safety, after a forklift hit a customer’s car. A power failure meant that the company couldn’t alert forklift drivers, by radio, of the car’s presence. WorkSafe deemed that the company should have anticipated the possibility of a power failure and put alternative processes in place. More.

WA – Joyriding worker fined $7,000 over forklift injury
A forklift joyride has led to a worker receiving a $5,000 fine, plus $2,000 costs. The worker did not have a forklift licence and had been forbidden by her employer from using it. She took a visitor on a joyride and the visitor suffered a punctured lung and fractured ribs, collarbone and shoulder blade. More.

WA - Fines over edge protection prompt falls warning

Two companies have been fined for failing to provide edge protection on a building site. One of the companies had previously been issued with five improvement notices and three prohibition notices, all related to falls. More.

NZ – Council fined over “preventable” landfill death
A dump truck driver’s death while driving on a temporary road has led to a Council being fined $60,000 and ordered to pay reparation of $50,000. The Department of Labor has said the death could have been prevented by following industry standards on designing temporary roads. More.

NZ – High forklift load leads to collision; $40K costs to employer
A meatworks company has incurred costs of more than $40,000 after a worker was hit from behind by a forklift, suffering a hip and thigh fracture. The forklift driver couldn’t see above the high load on the forklift. More
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Other news

Australia – Asbestos – New mesothelioma registry created
A new Australian Mesothelioma Registry has been developed, replacing the Australian Mesothelioma Register. The Registry will include more detailed and accurate information on mesothelioma and related asbestos exposure than has been collected in the past. More.

Australia – Construction – New falls Code published
Safework Australia has published a new Code of Practice for preventing falls during housing construction. Each jurisdiction will determine if it adopts the Code as a mandatory publication. More.

ACT – OHS - New OHS body to be established
The ACT Government is establishing a new OHS body, WorkSafe ACT. It will have educational and compliance responsibilities and will be implemented in consultation with key industry stakeholders. More.

NSW – OHS – Online OHS survey available
If you’d like to know what your employees think of your organisation’s OHS culture, WorkCover has published an online survey. You can download the survey, email it to employees or have them complete hard copies, then assess the results. More.

QLD – Construction - Coroner recommends first aid training for construction workers
A Queensland Coroner has recommended that all building sites be required to have at least one person trained to a certain level in first aid. He has also recommended that all employees receive basic first aid training during induction. This follows the death of a 30 year old bricklayer from heatstroke in 2007. Lack of medical intervention was deemed to have been a contributing factor. View Coroner’s report.

VIC – Transport – Overview of dangerous goods transport requirements published
WorkSafe has released an overview of key requirements for licensed dangerous goods vehicle drivers, as a result of changes to dangerous goods laws that commenced on 1 January 2010. More.

NZ – Hazardous substances – NZIoC updated and CEIR list revised
The New Zealand Inventory of Chemicals (NZIoC) has been updated, with 43 new listings. View April updates. View full NZIoC list. ERMA has revised the list of substances on the Chief Executive-Initiated Reassessment (CEIR) programme. View revised list.

NZ – Mining - Coroner releases findings on black reef mine death
Following the fatality at the black reef mine, the Coroner has deemed that the mine owner and manager deviated from their working plan and developed the mine in a different direction, increasing the dangers the miners faced.  The company did not inform the Department of Labor of the change.

The Government is preparing guidance material for small mine operators. Minimum competency levels for managers of small underground mines, and mine surveys, have also been proposed. 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.

No case briefs this Bulletin.

 

 

   

 


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.