December 2010

Case briefs

NSW
Occupational Licensing (Adoption of National Law) Act 2010

SA
Occupational Licensing National Law (South Australia) Bill 2010

TAS
Dangerous Goods (Road and Rail) Transport Bill 2010
Workplace Health and Safety Amendment (Mine Safety) Bill 2010

Publications - Draft

No draft publications this bulletin.

News

Campaigns

NT – Cyclones - Workplaces urged to prepare for cyclones
In the event of a cyclone watch, WorkSafe will be visiting workplaces deemed to be high risk, to ensure cyclone plans are in place and the work site is secured. View information bulletin.

QLD – OHS – Audits of medium-sized businesses continue
Between October 2010 and May 2011, most medium-sized construction businesses (with annual payrolls between $1 and $10 million) will be visited by Workplace Health and Safety Queensland inspectors. Inspectors will be auditing companies’ safety management systems and their compliance with the Workplace Health and Safety Act 1995. More.

Fines and prosecutions

NSW - Winery fined $125,000 over worker's death
The crushing death of a worker has led to a $125,000 fine for a winery. The court deemed that the winery failed to provide safe plant, a safe system of work, adequate risk assessment and training. More.

NSW – Worker’s death leads to $100K costs for concrete company
A Newcastle concrete company has been fined $85,000, plus legal costs, after one of its employees was killed. While cleaning a truck, the worker’s head was crushed between the concrete agitator and the side of the hopper. Guard rails had been removed. The company has since fitted its trucks with a guard, changed how it cleans its trucks and started a formal training regime. More.

NSW - Developer fined over serious head injuries
A Kiama developer has been fined $80,000, plus costs, after an apprentice fell 3.5 metres through a hole onto a concrete slab, causing serious head injuries. It was nearly two and a half years before he could return to full duties. More.

QLD - $120K fine over worker’s death
A worker’s death from crush injuries has led to a $120,000 fine for a recycling company. Her job was to sweep metal away from the underside of trucks. A truck loaded with scrap metal ran over her. Risk assessments and radio communication were deemed inadequate. More.

QLD - Gymnastics group fined over death
A gymnastics association has been fined $70,000 for breaches of the Workplace Health and Safety Act, following the death of a gymnast during a practice routine. The gymnast hit her head on concrete that wasn’t covered by a safety mat. The association is appealing. More.

QLD – Worker run over by grader; company fined $40K
A construction company has been fined $40,000 plus costs after a person was run over by a grader.  The man saw the grader was at some distance and continued his work, believing he was safe. It was deemed that there was ineffective consultation between grader drivers and other workers and that induction was inadequate. More.

QLD – Scaffolding incident leads to fine
Broken ribs, concussion and severe bruising of a worker who fell from a scaffold have led to a $37,500 fine for a concrete pumping company. The court deemed that the company failed to ensure a mobile scaffold was safe or provide adequate training. More.

QLD – $32K fine for employer, good behaviour bond for contractor over head injuries
A transport industry contractor has been placed on a good behaviour bond after a workplace incident left a truck driver with head injuries. There was no safe system for unloading trucks at the depot and instruction was inadequate. The company that hired the contractor was fined $32,000. More.

QLD - Builder fined for unsafe asbestos roof removal
A Mackay builder has been fined $4,000 for removing asbestos-containing roofing in an unsafe manner. Roofing sheets were broken while people were working in the building below. More.

SA - Tilt-up panel collapse incurs $30K fine
A construction company has been fined for its part in the collapse of heavy concrete panels at a building site. The company intends to appeal. More.

SA - Fine after rock crusher injures lab assistant
A  laboratory testing business has been fined after an employee sustained a serious finger injury. The worker removed the guard on a rock crusher while the machine was in motion.  The court deemed there should have been an interlock device. More.

TAS - $15K fine over worker’s death on fishing boat
A Tasmanian salmon producer has been fined $15,000 after pleading guilty to OHS failures. A 19 year old worker was killed when he was crushed by a crane on one of the company's fishing boats. More.

VIC – Record $95,000 fine for driver fatigue breaches
VicRoads has won the largest Chain of Responsibility fatigue case, with a trucking company fined $95,000. The company was allowing its drivers to exceed safe working hours and possessed false driving records.

Heavy vehicle driver fatigue laws hold all parties within the ‘Chain of Responsibility’ liable for breaches of fatigue legislation. More.

VIC – $60K fines for government department after metalwork students injured
WorkSafe has prosecuted a government department after two secondary school students were injured in metalwork classes. Both students suffered serious finger injuries while using inadequately-guarded pedestal grinders. The department has been fined $60,000. More.

VIC – Unlicensed asbestos removalist convicted
A Geelong man who was doing unlicensed asbestos removal has been convicted and fined $35,400.  He had told two homeowners he was licensed and his work was deemed to put the public at risk. More.

VIC – Construction worker dies after fall; employer convicted and fined
A primary contractor who warned his workers to be careful, but didn’t ensure the workplace was safe, has been convicted and fined $30,000. A casual worker under his control during a home renovation fell through a hole in the floor and died. More.

VIC – Director and companies convicted after young worker receives electric shock
Two companies and a director have been convicted after a 21 year-old worker received an electric shock from overhead powerlines on a building site. The network electricity supplier warned the companies and director about the no-go zone and ordered them to stop construction work, but they didn’t. More.

VIC – Failure to act on notices leads to $10,000 costs and good behaviour undertaking
A company has been placed on an adjourned good behaviour undertaking, and ordered to pay $10,000 to the court fund, after failing to act on notices issued by a WorkSafe inspector. The inspector issued two notices requiring specific safety improvements to be made within a set timeframe. Two months later, the changes hadn’t been made. More.

WA - $90,000 fine over Cyclone George injuries
A construction company has been convicted and fined $90,000 following the injury of workers during Cyclone George in 2007. The company had previously been acquitted, but WorkSafe appealed. More.

WA – Ladder fall leads to fine for shopping centre manager
A worker’s fall from a ladder has led to a $25,000 fine for a shopping centre manager. The ladder slipped and the worker fell almost four metres. The ladder was deemed unsuitable for the task. More.

WA – Worker fined for putting others at risk
A worker operating a walkie-stacker has been fined $2,000 after instructing other workers to stand on top of the forklift’s counterweight to balance it while moving a heavy load. He was charged with failing to take reasonable for the safety and health of three other employees. More.

NZ – Fall from height leads to $30K fine
A Christchurch company has been fined $30,000 after a worker fell five metres and fractured his pelvis. The telephone pole on which he was working broke due to below-ground rot.  Testing of the pole for rot, and supervision of the worker, were deemed inadequate; procedures weren’t followed. More.

NZ – Lack of guarding leads to crush injury, amputation and fines for two companies
A manufacturing company has been fined $24,000 and ordered to pay reparation of $8,000 after a worker was seriously injured because a machine wasn’t adequately guarded. More. In another guarding incident involving a manufacturing company, a 17 year old worker lost part of his finger. His employer was fined $22,500 and ordered to pay reparation of $6,000. More.

NZ – Contractor convicted over house collapse and workers’ deaths
An Auckland asphalt contractor has been ordered to pay reparations of nearly $29,000 after two workers were killed and two others seriously injured when a house collapsed on top of them. Had the company been in a better financial position, the judge would have awarded fines and reparation totalling around $200,000. More.

Other news

Australia – Asbestos – National review announced
The Commonwealth Government will commence a national review into the management of asbestos. It also intends to ratify several International Labour Organisation treaties. The review will assess current asbestos-management methods and research, and make recommendations to develop a national strategic plan to improve asbestos awareness, management and removal. More.

Australia - Transport - Review of ADG7 underway - Closed for comment
The National Transport Commission is reviewing the implementation of the Australian Dangerous Goods Code (ADG 7). Comments have closed. More.

NSW – Rail – New guidelines on incident investigation in place
Following the signing of an agreement, there will be greater collaboration between state and federal agencies when investigating rail incidents. A lead agency will be nominated and, where appropriate, that agency may coordinate investigations. There will also be greater sharing of information and improved certainty of each agency’s role in rail safety.  The Independent Transport Safety Regulator (ITSR), WorkCover NSW and Comcare signed the Interagency Guidelines on Regulatory Responses to Rail Safety on 5 November 2010. More.

QLD – Manual handling – Online hazard/risk assessment video available
A new online video that presents a simple process for doing manual handling risk assessments is now available. The No Sprains, Big Gains: Reducing the risks of manual tasks injuries in the workplace video was produced to make it easier for employers to understand what manual tasks are, the potential risks and how to manage them. More.

SA – Forklifts – Incident prevention booklet released
SafeWork has released a booklet to help prevent forklift incidents. View booklet.

VIC – Construction – Procurement handbook published
An OHS handbook to help government departments when procuring services for construction projects has been released. The handbook is intended for anyone who procures, commissions, manages or maintains public buildings and construction projects on behalf of a local or state government department, agency or authority. It includes checklists. More.

WA – Cyclones – WorkSafe and DMP encourage cyclone contingency plans
WorkSafe has reminded businesses in the north west that they must have cyclone contingency plans in place. The Bureau of Meteorology is predicting a higher cyclone risk this season. More. The Resources Safety Division of the Department of Mines and Petroleum has issued advice for workplaces it regulates in cyclone-sensitive regions. More.

WA - Forklifts – Forklift safety handbook available
WorkSafe has released a handbook to help employers and workers manage risks related to forklifts. View handbook.

WA – Heat - Guidance on working in heat released
WorkSafe has published a guidance note on working safely in hot conditions. More. A poster, Working safely in the heat, is also available. Hard copies of both are available for no charge from WorkSafe, phone 08 9327 8775.

WA – Mining – Updated guideline on fibrous materials released
The Resources Safety Division of the Department of Mines and Petroleum has updated its guideline on the management of fibrous materials. The guideline will help the mining industry to:

• understand the hazards associated with exposure to airborne mineral fibres
• identify, assess and control these hazards.

As mining expands in WA, the department deems that more mining operations will encounter ore bodies that contain fibrous material.  More.

NZ – OHS – Self-help tool to improve safety culture published
The Department of Labor has released a practical self-help tool with a step-by-step process and supporting resources to help businesses assess and improve their safety culture. More.

NZ – Cosmetics – Group standard changed
The Environmental Risk Management Authority has approved amendments to the rules around cosmetics. More.

NZ – Farming - Farmers urged to wear seatbelts on tractors
The Department of Labour is urging farmers to fit and wear seatbelts on tractors and fit rollover protection devices. This follows the Coroner’s report into a Masterton farmer’s death. More.

NZ – Farming – Practice Guide for fuel storage published
The Environmental Risk Management Authority and Department of Labor have published an updated Practice Guide for above-ground fuel storage on farms.  View guide.

Case briefs