February 2011


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 – Draft model regulations and codes published – Open for comment until 4 Apr
The draft model Work Health Safety (WHS) Regulations, model Codes of Practice, an Issues Paper and a Consultation Regulatory Impact Statement have been released. Comments close 4 April 2011. More.

NT: Information sessions are being held in regional centres in February. More.
QLD: View Queensland-specific information. View Queensland introduction to harmonisation laws.
SA: Information sessions are being held. View SA-specific information.
WA: View WA-specific information.

Australia – Chemicals – Changes to regulation of agricultural and veterinary chemicals proposed
The Council of Australian Governments (COAG) has agreed to change the way in which agricultural and veterinary chemicals are regulated. A single national scheme has been proposed. The Australian Pesticides and Veterinary Medicines Authority will be establishing a taskforce to respond to the proposed changes. More.

Australia – Rail – National regulator update published
The National Transport Commission has published an update on progress towards the development of a single national rail safety regulator. A first draft of the Bill has been released. More. View outcomes of December National Transport Commission meeting.

Australia – Road safety – Draft national road safety strategy released – Open for comment until 18 Feb
A draft National Road Safety Strategy for 2011-2020 has been released. The draft strategy outlines broad directions for the future of Australian road safety, proposed initiatives for the first three years and a range of options for further consideration. Comments close 18 February 2011. More.

Australia – Road transport – Harmonisation of heavy vehicle laws underway
Harmonised national laws for heavy vehicles are in development. A regulatory impact statement (RIS) and exposure draft of the legislation are expected to be released in February . A 10 week public consultation period will follow. More. View outcomes of December National Transport Commission meeting.

NSW – Electricity – Safety switches to become mandatory
The NSW Government is proposing to make safety switches mandatory in all workplaces. Workplaces using higher risk moveable electrical equipment or equipment in higher risk environments must have fixed or portable safety switches in place by December 2011. All workplaces will require safety switches by December 2014. Rebates of $500 will be available for some workplaces. Currently, safety switches are only mandatory for construction and building sites. More.

NZ – Adventure tourism – New regulations to commence in October 2011
Under proposed regulations to commence on 1 October, adventure tourism operators will be required to be registered and undergo a safety audit. It will be an offence to provide activities involving significant hazards, and some level of instruction or leadership, without a current safety audit certificate. The new regulations will come under the Health and Safety in Employment Act. A three year transition period will apply. More.

Bills before Parliament

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

ACT
Dangerous Substances Amendment Bill 2010

SA
Occupational Licensing National Law (South Australia) Bill 2010

TAS
Dangerous Goods (Road and Rail Transport) Bill 2010

Publications - Draft

Australia – Radiation – New registration criteria for X-ray analysis equipment proposed – Open for comment until 4 Mar
The Australian Radiation Protection and Nuclear Safety Agency has published a draft amendment to the National Directory for Radiation Protection. It relates to registration criteria for X-ray analysis equipment. Comments are also invited on the accompanying Best Practice Regulation Preliminary Assessment. Comments close 4 March 2011. More.

VIC – Return to work - Draft compliance codes published – Open for comment until 11 Feb
WorkSafe has released four draft compliance codes related to return to work and is seeking public comment. Comments close 11 February 2011. More.

NZ – Quad bikes – Draft publication released – Closed for comment
The Department of Labour has published draft Guidelines for the Safe Use of Quad Bikes on Farms. Comments have closed. More.

News

Campaigns

QLD - OHS – Enforcement priorities for 2011 announced
Workplace Health and Safety Queensland has announced its enforcement priorities for 2011. There are seven key areas:

  • young workers
  • muscular strain in road freight transport
  • asbestos
  • licence holder competency
  • suppliers of vehicle hoists and elevating work platforms
  • working at height in construction
  • employers with a workers compensation premium capped at twice the industry experience rate. More.

QLD – OHS – Medium-sized business audits continue
Phase 2 of Workplace Health and Safety Queensland’s medium-sized businesses safety campaign is continuing. It is expected to finish in mid 2011. The campaign was initiated because of the high percentage of workers’ compensation claims lodged by medium-sized businesses. More.

QLD – Asbestos – Information sessions for tradespeople being held
Workplace Health and Safety Queensland is offering free asbestos information sessions for obligation holders who may work with asbestos. This includes builders, contractors and other trade services. The sessions will focus on safe work procedures and legal requirements to keep people safe when working with materials expected to contain asbestos. (Some contractors have been required to pay clean-up bills of more than $100,000 because they didn’t follow correct procedures). More.

QLD – Transport – Visits to transport companies underway
Workplace Health and Safety Queensland's Transport Strategy Group is investigating how safety is being managed in the road freight transport industry. As part of this, it is visiting more than 70 transport companies. More.

VIC – Farming – Safety campaign enters second stage
WorkSafe’s 12 month campaign to improve farm safety is now in its second stage.  The campaign is targeting the most common causes of death and serious injury on farms and has seen 300 safety improvement notices issued so far. Most of these relate to machinery and heavy equipment. More.

NZ – Forklifts – DoL running carbon monoxide awareness program
The Department of Labor has been visiting forklift sellers and hirers. The visits aim to raise awareness of the risk of carbon monoxide poisoning when using fuel-powered forklifts in poorly ventilated areas. Carbon monoxide poisoning is the most common form of poisoning in NZ workplaces. More.

Fines and prosecutions

NSW – Crushing death leads to $100K fine for company; director also fined
A trucking company has been fined $100,000, plus WorkCover’s legal costs, after a worker was crushed to death. The worker had driven an excavator onto a trailer, but the loading ramp collapsed. No inspection system was in place. The company director has also been fined $5,000 plus costs. More.

NSW - Kiama developer fined after fall from heights
A Kiama developer has been fined $80,000, plus costs, after an apprentice suffered serious head injuries when he fell 3.5 metres onto a concrete slab. Open holes at the site were not covered or fenced off to prevent workers from falling though them and there was little supervision or training. More.

SA – $355,000 in fines over tank collapse
Two engineering companies and a winery have been fined a total of $355,000, after large fermentation tanks collapsed, injuring a worker. SafeWork deemed there were numerous engineering, licensing and communication failures. Loads on the concrete slab that was supporting the 30,000 L tanks were more than five times greater than the design specifications. More.

SA – Winch-related death leads to fine for skipper and company
Following the death of a deckhand who became entangled in a large winch spool, a fishing company and its skipper have been fined a total of $87,500. Risk control and communication were deemed inadequate. More.

SA – Two companies fined over finger amputations
Two document management companies have been fined over an incident where a worker’s fingertips were amputated following a crush injury. A purpose-built tool which protected operators’ hands had been lost a year previously. Safe systems of work were deemed inadequate. More.

TAS – Company convicted and fined over worker’s death
An earth works company has been convicted and fined $45,000 after a worker died. An excavator, prime mover and low loader float weren’t chocked on an incline and brakes were inadequate to hold them. A worker was hit by the float. No risk assessment had been done. More – click here and go to p. 38.

VIC – Poisoning of ten workers leads to $260K fine for two companies
Two mining companies have been fined a total of $260,000 after underground mine workers collapsed from carbon monoxide poisoning.  One employer was fined $110,000. The second has previously been fined $150,000. The companies allowed employees to re-enter a mine after blasting work, but didn’t test the air quality. Two workers collapsed and workers who went to assist them were also affected by the fumes. The emergency response was deemed inadequate. More.

VIC – Company guilty of OHS discrimination; $180K fine
A stevedoring company has been convicted of three charges and fined $180,000 for discriminating against a worker on OHS grounds. The elected OHS representative was suspended, given warning letters and threatened with dismissal for raising serious safety issues. It is the first discrimination conviction in Victoria.  More.

VIC - $120, 000 fine over mill worker’s death
A forestry company has been convicted and fined $120,000 after a worker died when a 1.5 tonne hoist fell on her. She was trying to dislodge a piece of timber from it. More.

VIC – Husband and wife receive good behaviour undertakings after death
The death of an 18 year old worker who was dragged into an exposed roller has led to good behaviour undertakings for a husband and wife partnership. The husband was convicted and fined $60,000 plus costs. After the worker's death, guards and an interlocking system were installed, costing $6,000. More.

VIC – Suspended prison sentences for inspector intimidation
A company director and employee have each been convicted and sentenced to six months in prison (suspended) for assaulting and intimidating a WorkSafe inspector. They were also fined $3,500 and $2,000 respectively, plus $6,000 in costs. The incidents occurred on two separate occasions. More.

WA – $50K fine for host employer after labour hire worker dies
A host employer has been fined $50,000 over the death of a farm worker supplied by a labour hire company. The solo worker rode into a wire gate while riding an all-terrain vehicle. He was not wearing a helmet and was found on the road the next day.  The host employer pleaded guilty to failing to ensure the provision of a safe workplace under a labour hire arrangement and, by that failure, causing the death of the person. The labour hire company has previously been fined $30,000. It had never visited the farm to identify hazards and control risks. More.

WA – $20K fine over mine worker’s crush injuries
A safety barrier company has been fined $20,000 after a 2.8 tonne machine crushed a worker’s foot. Although a job safety analysis (JSA) had been completed by employees, the procedures weren’t relevant to the machine being used. Managers signed off on the JSA without ensuring the hazard was adequately controlled. More.

WA – Quarry manager forges certificate; $1,000 fine
A worker who forged his quarry manager certificate has been fined $1,000. He pleaded guilty to acting as a quarry manager without holding the required certification. The forgery was identified when his employer notified the Department of Mines and Petroleum of his appointment. More.

WA – Serial fatigue offender fined for third time
A Geraldton bakery has been fined for a third time for breaching fatigue management laws for commercial vehicle drivers. The fine relates to numerous offences where drivers did not take required breaks or have medical certificates showing they were fit to drive a commercial vehicle. More.

NZ – Glass-related death leads to $90,000 costs for company
The death of a worker who was hit by a 200 kg sheet of glass has led to a $30,000K fine and $60,000 in reparations for his employer. The sheets were being manually unloaded by eight employees. More.

NZ - $70K fine plus costs after worker breaks leg
A company has been fined $70,000, plus reparation of $15,000, after a worker fell from a power pole. The pole broke and landed on top of him. Hazard identification and risk assessment were deemed inadequate. More.

NZ – Inadequate guarding causes death and finger amputations in separate incidents
A pulp and paper company has been fined $47,500 after a worker died when he was dragged into a pulp press. More.

In another guarding-related incident, a steel company has been fined $55,500 after a worker’s hand was crushed in a machine and three fingers amputated. The hazard had been identified but additional guarding hadn’t been installed. Guarding was installed after the incident. More.

NZ – Fall death leads to fines for two companies
Two Auckland companies have been fined after a worker fell 10 metres to his death through a hole filled with fire mortar. One of the companies had filled the hole but neither it nor the hiring company identified it as a hazard. The companies were fined $36,000 and $25,000 respectively. More.

Other news

Australia – OHS – Slips, trips and falls guide published
Comcare has updated its Guide to preventing slips, trips and falls. The guidelines will help employers to develop a systematic approach to preventing workplace slips, trips and falls. It includes identification of common hazards, with practical strategies to eliminate and control them. View guide.

Australia - OHS - Bullying guidance information released
Comcare has published a number of guidance documents on bullying. The documents will help employers identify bullying behaviour and develop ways of preventing and managing it. More.

Australia – OHS - Company and government department to blame for Montara disaster
An inquiry into the Montara oil spill has concluded that there were widespread and systemic shortcomings in well construction and operator practices that directly led to the blowout. It has also deemed that an NT regulator should not have approved the drilling program and could have identified the company’s poor practices if it had been more diligent.  View report.

Australia – Asbestos – ‘Innovation fund’ launched
The Commonwealth Government has launched a new program that will fund research into asbestos. Funds will be available over three years for practical programs and research on asbestos awareness, management and removal as well as improved treatment and support for sufferers and their families.  The fund will complement the National Asbestos Management Review. More.      

Australia – Chemicals – HSIS updated
Safe Work Australia has updated the Hazardous Substances Information System online database. It now includes the changes in Europe's 31st Adaptation to Technical Progress to Directive 67/548/EEC. It doesn't include changes for nickel compounds, which are under consideration in Europe. More.

Australia – Chemicals – France proposes Formaldehyde to be Category 1 carcinogen
France has submitted a proposal to the European Chemicals Agency (ECHA) that Formaldehyde be reclassified as a Category 1 carcinogen (known human carcinogen), instead of Category 2 (probable human carcinogen). More.

Australia – Chemicals - NICNAS and NZ authority sign MoU
The National Industrial Chemicals Notification and Assessment Scheme and the NZ Environmental Risk Management Authority will be working together more closely in specific areas. This follows the signing of a new Memorandum of Understanding and work plan. View memorandum.

Australia – Construction - New electrical standard for construction and demolition sites
The AS/NZS 3012:2010 Electrical installations – Construction and demolition sites now applies, replacing the 2003 version. The new standard requires electrical installations on construction and demolition sites to be done in accordance with the AS/NZS 3000 Wiring Rules and with the applicable additional requirements of AS/NZS 3012:2010.

The Electrical Safety Office will be enforcing compliance with the 2010 standard, with some exceptions. More.

Australia - Cranes - Voluntary accident reporting scheme launched
The Crane Industry Council of Australia has developed a voluntary scheme for reporting accidents involving cranes. It is separate from state-based requirements. Statistics will be published annually, including a comprehensive analysis. More. Download accident report.

NSW – OHS - Small business mentor program available
WorkCover has launched its small business mentor program. As part of the program, larger organisations partner with smaller businesses to help them improve OHS. More.

NSW - Asbestos – Ombudsman warns that asbestos deaths will dwarf road toll
The NSW Ombudsman has released a report on asbestos, calling for more work to be done to manage asbestos risks. The recommendations include:

  • changing legislation to more effectively address asbestos risks
  • creating a single asbestos authority
  • developing a public awareness program
  • implementing and funding a statewide plan for dealing with asbestos. More. View report.

NSW – Explosives – Licences set to expire
Explosives licences issued after 1 September 2005 have begun to expire. Any business or person that uses or handles explosives or security sensitive ammonium nitrate needs to check expiry dates and apply for replacements well in advance of the expiry date. More.

NSW - Flood clean up - Advice issued on safe management
WorkCover has issued guidance information on how to safely manage flood clean up works. More.

NT – Explosives – Explosives Code now adopted

The NT Government has adopted the Australian Code for the Transport of Explosives by Road and Rail, under the Dangerous Goods Act. More.

QLD – OHS - Safety urged when driving trucks and moving industrial plant
Employers have been urged to ensure safe work practices are in place for moving industrial plant and using vehicles, following a spate of court cases highlighting dangerous incidents. More.

QLD – Flood and storm clean up – Advice issued on working safely
The Queensland Government has issued guidance information on how to safely manage flood and storm clean up work. More.

QLD – Hot water systems - Endorsements now required for installation
Qualified trades people are now required to have an endorsement on their licence to install, replace, test, repair and maintain solar and heat pump hot water systems. The changes commenced on 1 January 2011. More.

SA – OHS – Grants available for OHS initiatives – Applications close 18 Feb
Grants of up to $50,000 are now available for SA workplace safety initiatives. There are two types of grants – one for projects which encourage safer work practices and one for small and specific research projects. Applications close 18 February 2011. More.  

VIC – Asbestos – Guidance information on asbestos management released
WorkSafe has released an information sheet and two guidance notes related to asbestos. They include:

VIC - Flood clean up - WorkSafe issues advice on safe clean up
WorkSafe has issued guidance for employers on how to safely do flood clean up works. More.

VIC – Rail – Draft safety toolkit published – Closed for comment
Public Transport Safety Victoria has published a draft rail safety toolkit to help companies meet their legal obligations to ensure safety in the rail sector, "so far as is reasonably practicable". Comments have closed. More – click here and go to 2 December 2010.

NZ – Chemicals - ERMA and Australian authority sign MoU
The Environmental Risk Management Authority and Australia's National Industrial Chemicals Notification and Assessment Scheme (NICNAS) will be working together more closely in specific areas. This follows the signing of a new Memorandum of Understanding and work plan. View memorandum.

NZ – Coal mining – Safety audits to be done
Two Australian mining experts will be doing safety audits of NZ’s underground coal mines. The audits will include physical inspections and a review of OHS systems and processes. A report will be produced by the end of February. More.

NZ – Outdoors work - Updated advice on sun protection issued
The Department of Labour has issued updated advice for outdoor workers on protecting themselves from ultraviolet (UV) light. 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 issue.

 

 

 

 


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.