environmental ohs legal obligations
   

October 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 – Update on national harmonisation of OHS laws published
Drafting of the national model regulations has started - they are expected to be available for public comment from November 2010 to February 2011. High priority Codes will be released with the regulations. Safe Work Australia will also be developing a national policy to ensure consistency in how regulators administer and enforce the harmonised laws in each jurisdiction. More – click here and go to p. 4.

We have commenced summarising the national model Act - see What's new.

Australia – Buildings – Revisions to slips, trips and falls requirements proposed – Open for comment until 5 Nov
The Australian Building Codes Board is considering revising the Australian Building Code to reduce the risk of slips, trips and falls. A Regulation Impact Statement has been released. Comments close 5 November 2010. More.

Australia – Transport – Changes to work and rest hours under review – Open for comment until 23 Oct
The National Transport Commission (NTC) is considering changes to work and rest hours for heavy vehicle drivers, under the Basic Fatigue Management option.  A discussion paper has been released. Comments have been extended until 23 October. More.

NT – Transport – ADG7 to be adopted
The NT Parliament has passed the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Bill. Regulations, which will include adoption of the 7th edition of the Australian Dangerous Goods Code (ADG7), are now being drafted. They will be based on national model legislation. A transition period will apply. More.  

SA – First aid – New Code to commence on 10 December
A new first aid code of practice will commence in December, replacing the existing code. The current code will apply until 10 December. Guidance material is being prepared. More.

TAS – Mining - Tougher laws to be introduced
The Tasmanian Government is considering tougher OHS laws for mining, following the release of the Coroner’s findings into a miner’s death at Fingal. New legislation is expected to be tabled in Parliament in 2010. More.

TAS – Security sensitive substances – Act being reviewed – Open for comment until 12 Nov
Workplace Standards Tasmania has appointed a consultant to do an independent review of the Security-Sensitive Dangerous Substances Act 2005. Stakeholder submissions are invited. Comments close 12 November 2010. More.

WA – Medical – New laws bring WA in line with other states – Changes commence 18 Oct
The Nurses and Midwives Act 2006 and the Nurses and Midwives Regulation 2007 have been repealed by the Health Practitioner Regulation National Law (WA) Act 2010. Obligations for medical practitioners and nurses are now included under the same Act, but there are no major changes to obligations. SafetyLaw is being updated. Changes commence on 18 October 2010. More. View national Act.

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

Publications - Draft

No draft publications this bulletin.

News

Campaigns

ACT � Construction - Formwork under the spotlight
Following the collapse of a partially-constructed bridge on Barton Highway in August, WorkSafe will be targeting large scale formwork on construction projects. More.

ACT � Forklifts � Campaign in grocery and produce industries underway
WorkSafe is running a campaign to improve forklift safety in the grocery and produce industries. It commenced in September and is part of a national campaign. More.

VIC � OHS � Campbellfield businesses to be visited
In mid October, WorkSafe inspectors will be following up on their 2009 visits to Campbellfield businesses, to see if OHS has improved. Businesses will receive prior notice of inspections. More.

VIC – Tyre fitting – MSD awareness and inspection campaign underway
WorkSafe is distributing guidance material on preventing musculoskeletal injuries to tyre fitters. This will be followed up by inspections to automotive workshops at the end of the year. More.

WA – Manual handling – Campaign launched to herald new Manual Tasks Code
Until the end of November, WorkSafe will be running a campaign on manual handling risks. Employers in the manufacturing, construction, transport, service, health and community services industries will be contacted. The campaign coincides with the release of a revised Manual Tasks Code of Practice (2010). Free workshops will be held. More.

WA – Construction – Inspectors to assess high risk licences
WorkSafe inspectors will be visiting construction sites in metropolitan and regional WA to ensure people are meeting licensing requirements when doing high risk work. This includes scaffolding, rigging, dogging, forklift, crane and hoist operations. Certificates of competency are being phased out - all high risk workers will need new licences by 30 June 2012. More.

WA – Powder coating a focus for WorkSafe
WorkSafe will be monitoring businesses doing powder coating, to ensure they are meeting OHS requirements. This follows inspections that found a lack of awareness on the dangers of the process. More.

Fines and prosecutions

Australia – Transport company prosecuted and fined $150K over forklift injury
Comcare has prosecuted and fined a transport company after a worker suffered severe crush injuries when his forklift overturned. The passage way was deemed to be too narrow for the 32 tonne load being carried and the load was being transported at a height of eight metres. One of the worker’s legs may be amputated.  More.

NSW – Crane company fined $65K and ordered to advertise its OHS failings
A Sydney crane company has been convicted and fined $65,000 after a worker fell 2.5 m from a construction site, suffering serious crush injuries. The company has also been ordered to place a large advertisement about the incident and its conviction in the print media.  More.

NSW – Second company ordered to advertise its OHS breaches
The NSW Industrial Court has ordered a project manager, contractor and subcontractor to take out newspaper advertisements, in five languages, outlining their OHS breaches. They have each been convicted, and one company fined $80,000, after a non-English speaking worker suffered serious injuries when he fell from unsafe scaffolding. No workers at the site spoke English - they relied on their supervisor to translate for them. The supervisor had been instructed to ask others not to use the dangerous scaffolding, but he failed to tell them. More.

NT – Bus driver death leads to fine; lack of consultation a factor
Failure to consult with its workers about hazards has led to a $7,500 fine for a bus company over a driver’s death. The driver’s head and neck became trapped in a bus door. Other drivers had experienced similar incidents before the company took over the business. More.

QLD – Company fined $135K over insulation death
The death of a 16 year old while installing insulation has led to fines of $135,000 for his employer. The company directors pleaded guilty to breaching both the Electrical Safety Act and the Workplace Health and Safety Act. A metal pole was being used to move insulation in place. Use of the metal pole, and defective wiring in the house, led to his electrocution. More.

SA – Drilling death leads to $135K fine
Failure to use the right tool for the job has led to the death of a drilling worker and a $135,000 fine for an international drilling company. The company has also been ordered to take out a full page advertisement in an industry journal, publicising its safety failings and lessons learnt. This is the first workplace death in SA since fines were trebled in 2008. More.

SA – Solo worker trapped in conveyor belt; company and directors fined $50K
A brickworks company and its two directors have been fined more than $50,000 after a person working alone became trapped in an unguarded conveyor belt. SafeWork deemed the company failed to assess plant safety, document safe work procedures or develop a working-alone policy. More.

SA – Rusted guard on fan fails; conviction and $44K fine over finger amputations
A produce wholesaler has been fined $44,000 after a worker’s thumb and two fingers were amputated by a cooling fan. The worker tripped on a pallet and braced himself against the fan. The fan's badly-rusted metal guard gave way.  More.

SA – Crush injury leads to $26K - procedures inadequate
A court has deemed that inadequate safe operating procedures and inadequate control measures contributed to a worker’s arm crush injuries. The metal fabrication company was fined $26,250, after the worker’s arm was trapped by machinery. The machine had been switched to manual mode when a co-worker activated the machine. More.

SA – Interlock device could have prevented worker losing her livelihood
A baking company has been convicted and fined after a worker suffered serious shoulder injuries when her arm became trapped in a dough-proofing machine. No interlock device was fitted and no risk assessment had been done. The company made an early guilty plea and has taken remedial action, leading to a discounted fine. More.

SA – Subcontractor fined after sparks cause house fire
A building company has been convicted and fined for failing to ensure that a non-employee was not adversely affected by its work. In 2008, sparks from building work ignited grass and fire spread to a neighbouring house, which was severely damaged.  The company was fined $18,750, has already paid $40,000 reparations and has been denied insurance cover for the incident. More.

VIC – $475K fine and conviction after crushing death
A mine maintenance contractor has been convicted and fined $475,000 after one of its workers was crushed to death when a 700kg steel beam fell on him. The worker was doing routine maintenance when two cables failed. Hand winches and the lifting rope were in poor condition and there were no inspection or maintenance records. More.

VIC – Inadequate equipment and training leads to excavator death; $450K fine for towing company
The death of a worker while driving a 20 tonne excavator off a trailer has led to a $450,000 fine for a transport company. A similar incident, where no-one was hurt, had previously occurred. The steel-tracked excavator slipped from the steel-decked trailer; the trailer was too narrow for the excavator and its treads were hanging over the sides of the trailer. The equipment and training were deemed inadequate. More.

VIC – Fuel tank explosion leads to enforceable undertaking
A government department has entered into an enforceable undertaking with WorkSafe, after a worker suffered serious burns when a fuel tank exploded. The worker was asked to weld the tank, without being told to clean it or remove fuel from it beforehand. As part of the undertaking, the department is required to:

  • create a senior full time OHS leadership role to work across regional depots
  • invest $120,000 in a safety leadership program, which will include dangerous goods training, as well as general OHS training for managers and supervisors
  • spend $10,000 advertising the dangers of welding fuel drums and best practice for this work, in regional Victorian newspapers. More.

VIC – Conviction, $163K+ fine and advertisement orders for forklift-related death
A company’s failure to seek first aid or call an ambulance for an injured worker, who later died, has led to a conviction and $163,500 fine. The worker was hit by a forklift and hit his head when he fell. The company has also been ordered to place a series of newspaper advertisements highlighting the incident and including safety tips. More.

VIC - Supermarket chain to donate $90K to OHS research and improve OHS practices after forklift incident
A supermarket chain has been required to enter into an enforceable undertaking after an incident involving an unlicensed and unsupervised forklift operator. The worker wasn’t injured, but the company will:
  • donate $90,000 to safety research and charity
  • review its OHS systems annually and have them independently audited
  • publish an article about the incident
  • run a free case study seminar during Work Safe Week about the incident. More.
  • VIC – Another forklift incident leads to conviction and donation order
    WorkSafe is urging employers to physically separate people from forklifts and not just ‘draw lines on the ground’. This follows another forklift incident, where a worker was hit by a forklift and suffered leg injuries requiring skin grafts. Her employer has been convicted and placed on an adjourned undertaking. They have also been ordered to pay $112,500 to a medical fund. The workplace had no physical barriers or marked walkways to separate pedestrians and forklifts. More.

    WA – Unlicensed driver hits colleague in car yard; $30K fine for employer
    An Osborne Park car dealer has been fined $30,000 after a car detailer suffered pelvis and leg fractures after being hit by a car driven by an unlicensed colleague. The apprentice had been involved in two previous car incidents and the employer had taken no action. More.

    WA – Department fined $50K over tractor incident
    The injury of a student at an agricultural college has led to a $50,000 fine for a government department. A teacher had advised the college’s farm supervisor that the equipment was faulty, but was told the college couldn’t afford to do the repairs. The student was dragged into a hoe, up to her waist. More.

    NZ - $180K costs to construction company over welding death
    The death of a contractor, who was welding on top of a tank of flammable material, has led to a construction company being fined $80,000 and ordered to pay reparations of $100,000. The Department of Labor deemed that the company knew of the risks but did not tell the contractor to stop the work. More.

    NZ – Plant manufacturers must check safety after installation: DoL
    A manufacturer has been fined $44,000, plus $9,000 in reparations, for failing to ensure equipment it had installed was safe to use. No risk assessment was done after a meat processing system was installed; a worker suffered a leg fracture from an unguarded machine. More. NZ – Four companies prosecuted over unguarded machinery incident
    The Department of Labour has prosecuted four companies, including the employer, two plant designers and the principal contractor, for their involvement in a conveyor belt incident. The machine was not guarded. More.

    Other news

    Australia – Chemicals – HSIS being updated
    Safe Work Australia is updating the Hazardous Substances Information System (HSIS) online database to reflect changes to Europe's 31st Adaptation to Technical Progress to Directive 67/548/EEC. There are 360 new entries, four deletions and 92 amendments to existing entries. All changes are expected to be finalised by the end of November 2010. More.

    NSW – OHS - Mentoring program now open for applications
    WorkCover is again running a mentoring program for small businesses. The program connects businesses that have less than 20 employees with large business mentors in the same industry, to get assistance with OHS issues.  More.

    SA - High risk work - New licensing system for high-risk work now in place
    A new national licensing system for high-risk work is now in force. The system applies to workers who operate forklifts, cranes, hoists, elevating work platforms and pressure equipment, as well as those doing scaffolding, dogging and rigging. More.

    VIC - Traffic management - Revised Traffic Management Code published
    A revised Code of Practice for Worksite Safety – Traffic Management has been released. It addresses the safety of both road users and workers. View Code.

    NZ – Hazardous substances – Review of LPG legislation complete
    ERMA has completed its review of the rules governing LPG. Changes will include tighter rules on the use of odorants, improving storage and refrigeration facility design and restricting the amount of LPG that can be stored inside. The changes will be incorporated into the Hazardous Substance and New Organisms Act 1996 by 2 March 2011. More.

    NZ – OHS – Exposure standards and BEI’s updated
    The Department of Labor and the Environmental Risk Management Authority have published the fourth edition of the Workplace Exposure Standards (WES) and Biological Exposure Indices (BEI), which replaces the 2002 edition. About 50 substances have been removed and it now includes reference to hazardous substances.  The WES for benzene and the BEI for lead have been revised. 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.