environmental ohs legal obligations
   

August 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 – Chemicals – Further consultation on NICNAS changes underway – Open for comment until 16 Aug
In response to feedback received, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is proposing two additional amendments to the Industrial Chemicals (Notification and Assessment) Act 1989. They include removing the requirement to prepare and publish summary reports for new and existing chemicals. More.

NT – OHS – National model laws summary available
WorkSafe has published a Powerpoint presentation on the national model OHS laws. More.

QLD – OHS – Update on national OHS laws published
DEIR has published an update on the progress of the national model OHS laws. More.

VIC – OHS - WorkSafe publishes FAQs on national OHS laws
WorkSafe has published FAQs on the changes that will take effect when the national model OHS laws commence. They are due to start on 1 January 2012. More.

Bills before Parliament

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

No Bills this issue.

Publications - Draft

No draft publications this issue.

News

Campaigns

Australia – Construction – Phase 2 of scaffolding campaign commences
Phase 2 of a national campaign to improve scaffolding safety in the construction industry has commenced.  Inspectors will be visiting residential and commercial construction sites to ensure scaffolding risks are being controlled and comply with Australian standards. The campaign will also help construction-related trades, such as form workers, brick layers, tilers and painters, to identify, assess and control the risks of working with scaffolding. More.

NSW – OHS – Nine month bullying awareness campaign underway
WorkCover has commenced a nine month awareness campaign to address bullying. The campaign will target the retail, hospitality, manufacturing, health and education sectors. In the past two years, there have been 2,400 workers compensation claims for bullying, costing more than $60 million. More.

VIC – Farming - 2010/2011 the year of the farm
WorkSafe is running a year-long campaign to reduce deaths and injuries on farms. Seven of the 12 work-related deaths reported to WorkSafe since 1 January have happened on farms. There are also at least 500 serious farm injuries each year. More.

VIC – Small business - Small businesses to receive WorkSafe visits in coming year
WorkSafe inspectors will be visiting small businesses in 14 suburbs and towns in the coming year. More. Melton businesses will be visited in the first week of August. They will receive prior notice of the visits and inspectors will provide information and guidance.  More.

WA – Manufacturing - Forklift licences under the spotlight
In the next six months, WorkSafe will be checking for forklift licences in the manufacturing sector. It will coincide with an advertising campaign to remind workers with certificates of competency that they may now need a high risk work licence. More.

WA – Restaurants – 2010/2011 to see restaurants inspected
OHS standards in restaurants will be a focus of WorkSafe in this financial year, in both regional and metropolitan areas. Restaurants will be randomly chosen and inspected, to raise awareness of safety risks and to disseminate information. More.

Fines and prosecutions

 

QLD - $460,000 costs against employer over slip; staff complaints ignored
Failure to act on staff complaints about a slippery roadhouse floor has led to an employer being ordered by pay more than $460,000 to an employee who slipped and fell. The employer deemed that slip testing was too expensive. View court decision.

QLD – $50,000 fine for injury - no risk assessment or work procedure
Lack of risk assessments and work procedures have contributed to a $50,000 fine for a Mackay company, after a worker was pinned by equipment. He suffered crush injuries. The fine was reduced because of an early guilty plea. More.

QLD – Worker’s death leads to $50,000 fine for manufacturer
A manufacturing company has been fined $50,000 after a worker died when a wheel exploded off its rim. Workplace Health and Safety deemed the company had failed to identify the foreseeable hazard and that risk controls were lacking. More.

SA – $76K fine and $20K compensation order for mining company
A mining company has been fined $76,000, and ordered to pay $20,000 compensation to a killed worker's family. The worker was hit by a 75 kg object that fell from a crane. More.

VIC - Second reckless endangerment conviction; $280K fine
A Geelong printer is the second company to be convicted of recklessly endangering its workers. The company was fined $280,000, after a worker’s fingers were crushed in a printing press. Managers had emailed staff not to override guarding, but this was not enforced. After the incident, new guarding costing $10,000 was installed. More.

VIC - Extra conditions placed on MHF
WorkSafe has imposed new conditions on a major hazard facility licence following ongoing health and safety incidents since it was last licensed. The additional conditions include addressing causes of incidents and reducing OHS risks. More.

VIC - $70,000 fine for customer injury
An adventure store has been fined $70,000 for failing to ensure the safety of a member of the public. A boy fell from a climbing wall, injuring himself. WorkSafe found that the equipment had not been installed safely and the company failed to adequately train workers on equipment maintenance and inspection. More.

VIC – Forklift/pedestrian clashes leads to $60,000 fine
Failure to keep pedestrians and forklifts separated has led to a conviction and $60,000 fine for a cold storage company. Although walkways were marked, workers weren’t using them and forklifts were crossing over them. WorkSafe said ‘lines on the ground’ are not enough. A worker suffered fractures and wounds after being hit by a forklift. More.

 

VIC – Company and director convicted for OHS risks and ignoring notices
A construction company director who continued to expose workers to safety risks has been convicted and fined. He ignored five WorkSafe notices, including two stop work prohibition notices related to fall and electrocution risks. The company was convicted and fined $96,500 and the director convicted and fined $17,000. More.

VIC – Third conviction for workplace attack
A third worker has been convicted and fined $5,000, plus costs, for deliberately setting a co-worker alight. This follows the conviction of two other men involved in the attack, which caused burns and a week-long hospitalisation. The company wasn’t prosecuted as it had clearly indicated that bullying and pranks weren’t acceptable and had disciplined all three workers for a previous incident. More.

WA - Worker fined over crane collapse
A crane operator has been fined $8,000 after endangering himself and others while operating a crane. He set up the crane with one of its supports on soft sand and the front jack on a pile of bricks. The crane collapsed, narrowly missing people. More.

WA - Ignoring notice leads to $6,000 fine for restaurant owners
Owners of a Perth restaurant have been fined for failing to guard or dispose of a dough mixer, after receiving an Improvement Notice. More.

NZ - $100K+ in costs to timber company for forklift death
A forklift-related death has led to a $40,000 fine and reparation orders of more than $67,000 for a timber company. The worker was supervising the loading of his truck and trailer to ensure that it adhered to Ministry of Transport requirements, when he was hit by a forklift. More.

NZ - Hazard identification essential for safe workplaces: DoL
Lack of hazard identification and risk control has led to a worker suffering serious injuries from an arc flash. His employer was fined $39,000 and ordered to pay $10,000 in reparations. The apprentice electrician, who was working alone, cut an 11,000 volt live cable. More.

NZ – Company and project manager fined over frame collapse
A company and self-employed project manager have been fined $25,000 and $47,600 respectively, and ordered to pay reparations of $23,000 each, after two workers were injured. A steel frame on a building collapsed onto a scissor lift, throwing the workers to the ground. DoL deemed that bracing could have prevented the incident. More.

NZ – Safety can't be subcontracted out
Companies can’t absolve themselves of safety responsibilities when they subcontract, DoL has reiterated. This follows the fall of a subcontractor through a skylight and prosecution of the two companies who engaged him. They have incurred costs of more than $30,000. More.

Other news

Australia – Chemicals – Changes to Agvet schedule now in force
Five amendments to the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 are now in effect. The changes include:

  • removing the requirement to submit a final printed label to the APVMA to obtain product registration

  • removing the requirement for Australian companies to specify who in the company can discuss the application with the APVMA

  • allowing variations to certain registration particulars without APVMA assessment.

 Regulations are currently being drafted. More.

Australia – Chemicals - Voluntary call for security-risk acid and gas info
Importers and manufacturers of 14 bulk acids and gases are being asked to provide information to the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). These chemicals have potential security issues. More.

Australia – Chemicals - New scheduling policy framework in place
A new Scheduling Policy Framework (SPF) commenced on 1 July 2010 for medicines and chemicals. More.

Australia & NZ – Electricity – New standard for electrical installations published
Standards Australia and Standards New Zealand have released a Standard about the minimum requirements for the design, construction and testing of electrical installations that supply electricity to appliances and equipment on construction and demolition sites. View standard.

Australia – FSC - New incident report forms now required

FSC-accredited contractors must now use a new incident report form for fatalities, incidents requiring medical treatment, notifiable incidents and lost time injuries. More.

NSW – Explosives – New transport application form available
The new application form for transporting explosives on prohibited road routes is now available. Applications must reach WorkCover at least seven business days before the proposed transport date. More.

QLD - OHS - Forum on new WHS laws in October
As part of Safe Work Australia Week, Workplace Health and Safety will be holding a forum on the new WHS laws in October, at Herston. A panel will give an overview of the changes and there will be opportunities to ask questions. Monitor the WHS website for updates.

QLD – Chemicals – GHS now recognised
The Globally Harmonised System of Classification and Labelling of Chemicals (GHS) is now recognised as an alternative system to current legislation. This is an interim measure until the GHS is implemented in Australia in 2015. More - click here and go to ‘Recognition…’

QLD – Construction – Dogging guide published
A guide for doggers has been published, outlining skills needed to safely perform doggers' duties. More.

QLD – High risk work - Transition period extended
The transition period for adopting the national units of competency and national assessment instruments for high risk work has been extended for an additional 12 months. More – click here and go to ‘National units of competency….

QLD - Rural work - Rural exemption for high risk work and earthmoving extended
The rural exemption for high risk work and earthmoving or particular crane occupations has been extended until the new model health and safety laws are enacted in Queensland. More – click here and go to ‘Rural exemption…’.

SA – OHS - Code on working hours takes effect

A new code of practice on working hours is now in force. More.

VIC – OHS - Revised guidelines on prosecutions released
WorkSafe has amended its guidelines on making prosecution decisions.  View guidelines.

WA - Plant - New Code released; Albany workshop in August
A free workshop on the new Code of Practice on machine guarding will be held in Albany on 6 August 2010 . More.

NZ – OHS – Online OHS information tool now available
The Department of Labour has developed a new OHS information tool for small business owners and self-employed people. Infozone includes simple downloadable templates, documents and spreadsheets, including schedules, registers, self-assessments and action plans. It also has basic summaries of OHS regulations, with links to more detailed information. More.

NZ – Contracts - Guide for principals released

In response to the increasing amount of work that is contracted out, the Department of Labour has produced a new guide to help principals of contracts meet their health and safety obligations to contractors. It includes case studies. One third of safety-related prosecutions in recent years have been of principals. More.

NZ & Australia – Electricity – New standard for electrical installations published
Standards Australia and Standards New Zealand have released a Standard about the minimum requirements for the design, construction and testing of electrical installations that supply electricity to appliances and equipment on construction and demolition sites. View standard.

NZ – HSNO - Alternative labelling systems valid indefinitely
The Environmental Risk Management Authority recently removed the expiry date from alternative labelling provisions for substances regulated under the Hazardous Substances and New Organisms (HSNO) Act group standards. Labelling requirements of Australia, USA, Canada and the European Union can continue to be used. More.

NZ - HSNO - NZIoC updated
The New Zealand Inventory of Chemicals (NZIoC) has been updated. View July 2010 updates. View complete NZIoC.

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 - Designer, manufacturer and employer all responsible for death; $475,000 fines
The NSW Industrial Court has deemed that a gate designer, manufacturer and the site employer shared almost equal culpability for a faulty motorised gate which killed a construction site visitor. Total fines were $475,000. View court decision
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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.