April 2011

Case briefs

QLD
Electrical Safety and Other Legislation Amendment Bill 2011
Transport and Other Legislation Amendment Bill 2011

SA
Child Employment Bill 2011
Liquor Licensing (Miscellaneous) Amendment Bill 2011
Rail Safety (Safety Coordination) Amendment Bill 2011

TAS
Dangerous Goods (Road and Rail) Transport Bill 2010
Occupational Licensing National Law Bill 2011

VIC
Building Amendment Bill 2011

WA
Workers' Compensation and Injury Management Amendment Bill 2011

Publications - Draft

NSW – Mining – Draft guidelines released for public comment – Closed for comment
The Department of Primary Industries has published two draft guidelines for public comment. They are the Draft MDG 1006 Spontaneous Combustion Management Guideline and Draft MDG 1006 Technical Reference. Comments closed on 5 March 2011.

News

Campaigns

Australia – Road work - Road worker safety campaign to run until May
The Heads of Workplace Safety Authorities are running campaigns to improve safety for people working on or near public roads. Until May, inspectors will be visiting more than 260 roadside work sites throughout the country and determining if risk assessment and consultation are adequate. More. View NT information. View Queensland information.

ACT – Construction - Construction campaigns underway
WorkSafe is running two campaigns for the construction industry, with a view to improving safety. The first campaign targets residential housing construction while the second will focus on safety management systems at medium to large commercial constructions. More.

VIC - Farming - Campaign to run until June
WorkSafe's 12 month campaign to improve safety at farms will continue until June 2011. Three workers died in five days recently. More.

VIC - Roadworks - Credible speed limits action plan underway
VicRoads is implementing an action plan to better manage roadwork speed limits. It includes contracts, education (internally and with industry) and enforcement and surveillance. It will be holding information sessions on the Code of Practice for Worksite Safety – Traffic Management and Memorandum of Authorisation. More - click here and go to bottom of p. 10.

WA – Asbestos - Asbestos in construction being targeted
WorkSafe is running an inspection program looking at safety standards when dealing with asbestos in the construction industry. Inspectors will visit metropolitan and regional construction sites until May, to ensure that asbestos work is being done safely. More.

WA – Cleaning – Inspection program underway
WorkSafe has commenced an inspection program which will assess safety standards in the cleaning industry. The inspections will raise awareness of safety risks in the industry and provide employers with necessary information. It will continue until the end of June, in both metropolitan and regional areas. More. View cleaning checklist.

Fines and prosecutions

ACT – Good behaviour bond for falsifying insurance certificate
A project manager has been found guilty of providing a false workers compensation certificate of currency to a WorkCover inspector. He was fined and placed on a three year good behaviour bond. More.

NSW – $275K fines for company and director after resident suffocates in hole
A construction company and its director have been fined $250,000 and $25,000, respectively, following the death of a local resident. On a townhouse construction site, the company drilled pier holes that were two metres deep and left them uncovered, with no perimeter security fencing around the site. A local resident fell into a hole at night and suffocated. More.

NSW – Bricklayer’s death leads to $174,000 in fines
The death of a bricklayer has led to fines of $174,000 for the head contractor and sub-contractor of a resort construction site.  An unbraced 2.7m high brick wall, which had 16 timber planks leaning against it, collapsed and killed the worker. More.

NSW – Developer and director fined over scaffolding death
A property developer and its director have been fined a total of $133,000, plus WorkCover’s legal costs, following the death of a worker who fell nearly six metres from unsafe scaffolding. More.

NSW – Company fined $100K after crushing death; director also fined
A trucking company and its director have been fined $100,000, and $5,000 respectively, after a worker was crushed to death when a loading ramp collapsed. The incident was caused by a pivot pin collapsing - no periodic inspection system was in place.  More.

QLD - $120,000 fine after worker’s death
The death of a worker when a metal beam fell on him has led to a $120,000 fine for a metal recycling company. More.

QLD – Fall through floor leads to $40,000 fine
A concrete company has been fined $40,000 after a worker fell through a floor penetration. A piece of plywood had been placed over the hole, but was not secured or signed. More.

QLD – $20K in costs for workers riding on trailer
A Mareeba feedlot operator has been fined $17,000, plus $3,000 costs, for allowing workers to ride unrestrained on a trailer. More.

QLD – Child’s fall into swimming pool leads to WHS prosecution
A Gladstone builder has been placed on a good behaviour bond after a child fell into a pool that was under construction. The child lived on the property where the pool was being built and suffered arm and head injuries. There was no fencing to prevent access to the construction area. More.

SA – Conviction and fine over crushed legs
A steel fabricating company has been convicted and fined $22,500 after a worker’s legs were crushed between two beams. Inadequate training, operating procedures and lack of qualifications were deemed to be contributing factors. More.

SA - Company owner injured; company fined
A company managing director has been injured and his company fined for inadequate safety procedures. He fell through a roofing sheet. No other workers were injured. More.

VIC - Convicted company to pay $28,500 to flood appeal
A glazing company will pay $28,500 to the Victorian Flood Appeal, after being convicted of an OHS offence. A glass panel that was being installed in a Spencer St apartment fell and shattered, with some glass falling onto Spencer St.  No-one was injured. The company was deemed guilty of failing to ensure the safety of non-employees. More.

VIC - $20,000 fine after pedestrian hit by skip truck
In another incident affecting someone who wasn’t a worker, a rubbish removal company has been prosecuted and fined $20,000 for failing to ensure that members of the public weren’t exposed to health or safety risks. An 87 year old woman was hit by a skip truck, as the truck driver’s vision was obscured when he drove out a driveway. The woman was dragged under one tyre and suffered a heart attack. The court deemed that a risk assessment should have identified that the driver’s vision would be obstructed. More.

VIC – Extra conditions imposed on MHF
Additional conditions have been imposed on a major hazard facility, as part of its operating licence.  This follows four separate incidents where crude oil or gas have leaked, due to corroded pipelines. Improvement notices were issued in August 2010. More.

WA - $180K fine for crane-related death
Two company directors, and their crane and hoist company, have been fined a total of $180,000 over a worker’s death. The worker was hit by a section of a crane mast and suffered fatal head injuries. The slinging practice used relied heavily on the packing straps supporting the load, which they failed to do. More.

WA – $45K fine over finger amputations; lockout procedures inadequate
Absence of a lockout procedure has led to a worker’s fingers being amputated and a $45,000 fine for his employer. Power to part of a machine was cut, but the remainder was left in operation. More.

WA - $25K fine for fall from height
A formwork company has been fined $25,000 after a worker fell through an opening in a floor, and fractured vertebrae. There was no edge protection on the opening and the worker was not wearing fall prevention equipment. More.

WA – Unguarded chipper leads to finger amputations and $15,000 fine
A logging company has been fined $15,000 after a worker’s fingers were amputated. He put his hand in an unguarded wood chipper to remove a blockage. He hadn’t been instructed on how to do this safely and no guard was in place. More.

WA – Lack of tilt-up training leads to fine
A construction company has been fined $5,000, plus costs, for failing to ensure that a contractor’s employees had completed a tilt-up safety course. More.

NZ – $90+K costs to company after worker hit by truck
A waste collection company has been fined $32,400, and ordered to pay reparations of $60,000, after an employee was hit and killed by a reversing truck. The truck had no reverse warning alarm or reversing lights. More.

NZ - Lucky escape from electrocution doesn't prevent prosecution
Costs of more nearly $70,000 have been imposed on a spouting company and a contractor, following a close call with 11,000 volt power lines. Spouting the worker was being removed came into contact with the power lines. The power lines had been identified as a hazard, but the contractor hadn't told the worker about the risks or how to work safely when removing the spouting. More.

NZ – Toppled crane leads to $22,000 fine; no-one injured
A mobile crane company has been fined $22,000 after a crane toppled over. The crane feet were grounded in sand, not on a solid footing. No-one was injured. More.

Other news

Australia – Comcare – Outcomes from workshops published
Comcare has published a summary of issues raised during the legislation workshops and focus groups it held around Australia in January and February. It will now be preparing resources to help organisations implement the laws and will launch these at the Comcare National Seminars in May 2011. Presentations and handouts are available from the website. More.

Australia - Farming - Deaths come at high price
Farm-related deaths in Australia cost the economy $651 million from 2001–2004, according to the first national study of their economic impact. More.

Australia – Radiation – Safety at ANSTO to be evaluated
The Commonwealth Government has formed a high level panel to evaluate practices at the Australian Nuclear Science and Technology Organisation (ANSTO). This follows concerns raised by an ANSTO employee and an investigation by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). More.

Australia – Transport – Update on counting time irregularities published
The National Transport Commission has published an update on how it’s dealing with inconsistencies in how heavy vehicle work hours are counted amongst states. More.

ACT – Bullying – Workshop to be held on 6 Apr
On 6 April, WorkSafe will be holding a one day workshop on preventing and managing bullying. More.

ACT – Small business – Half day OHS workshop on 8 Apr
WorkSafe is holding a half day workshop to help small businesses which don’t have well-developed OHS systems in place. The workshop will include how to assess risks and develop a systems-based approach to managing risks.  It will provide practical solutions and useful tools. More.

NSW – Bullying – WorkCover investigated for bullying of staff
An independent review of WorkCover NSW’s culture has found that 40% of staff in one unit believe they have been bullied. View newspaper article. View report. View Ministerial response.

NSW – Mining – Report on mine safety published
The NSW Government has published a report detailing the results of OHS audits of NSW metalliferous, extractive and other non-coal mining operations. The audits assessed legal compliance with key OHS requirements of mine safety legislation. View report.

NSW - Plant - Six months to change slashers and front end loaders
WorkCover NSW is urging employers to make recommended changes to slashers and front end loaders and their tractor attachments. This follows the release of industry guides to address safety issues associated with these items of plant. More about slashers. More about front end loaders and attachments.

QLD – Electricity – New laws in place for electrical equipment
Electrical equipment suppliers must now ensure that products meet national safety standards and register the products on a national register. Registered products will carry a regulatory compliance mark, making it easier to determine whether the product meets relevant standards. More.

QLD – Nanotechnology – Dedicated website established
Workplace Health and Safety Queensland has developed a website that provides guidance and risk assessment tools for nanotechnology. Queensland is the only state that is a formal member of an international working group which is developing safety standards for workplaces using nanotechnology. More.

QLD - Tropical diseases - Updated prevention guidance released
DEIR has released updated guidelines on preventing the tropical diseases Meliodosis and Dengue Fever.

SA – OHS - Workplace injuries down
Workplace injuries in SA were reduced by 36.5% in the 2008/2009 period. More. 

VIC - OHS - Free health checks available
WorkSafe is urging employers to take advantage of free health checks that are available for employees. More. How to apply.

VIC - Roadworks - New requirements for traffic management signs in force
All traffic management signs must now comply with the Worksite Safety
– Traffic Management Code of Practice 2010 and display Speed Limit Ahead Signs. The changes took effect on 28 February 2011. More - click here and go to the bottom of p. 12.

WA – Chemicals – Explanation of GHS changes published
WorkSafe has published a comprehensive guide explaining the recent changes to hazardous substances laws, which incorporate the Globally Harmonised System for classifying and labelling. The changes mainly affect importers and manufacturers. The changes mean that there may now be different types of labels on hazardous substance containers and different risk and safety phrases in the MSDS. More.

WA - Manual handling - Free training package available
WorkSafe has released a training package, Preventing injuries from manual tasks in the workplace - A risk management approach. It includes presenter's notes, overheads and case studies. View presenter's guide. View overheads.

WA – Mining - Resources safety workshop to be held on 8 Apr
An industry workshop to discuss mining safety reforms and safety initiatives will be held on 8 April. The workshop will be used to generate consensus on priority safety initiatives. The workshop outcomes will be referred to the Ministerial Advisory Panel. Registrations close 31 March. More. View Royal Commission's website.

NZ – Mining – Royal Commission into Pike River to start in April
The Royal Commission into the Pike River coal mine disaster will begin preliminary hearings on 5 April. The commission is expected to sit for 15 weeks, with hearings ending in November. More.

NZ - Quad bikes - New guidelines released
New safety guidelines for quad bikes have been released. The guidelines are not law, but may be used by Courts when deciding if someone has breached the HSE Act. More.

Case briefs