environmental ohs legal obligations
   

June 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 – Harmonisation update
Safe Work Australia is now reviewing comments it received on the draft model Work Health and Safety Regulations and 12 draft model Codes of Practice. The final regulations and priority Codes of Practice are expected to be released in June. Other codes that will be released for public comment later this year include:

  • construction
  • forestry safety
  • first aid
  • abrasive blasting
  • chemicals risk management
  • welding
  • traffic management
  • spray painting. More.

Australia – Chemicals – APVMA publishes update on agvet chemicals reforms
The APVMA has published an update on proposed changes to the regulation of agricultural and veterinary (agvet) chemicals. This follows an 11 May speech by the Minister for Agriculture, Fisheries and Forestry. Changes will include:

  • a publicly available risk framework
  • legislated timeframes for completing assessments and reviews
  • a three stage re-registration system, to ensure high risk chemicals are addressed first
  • improved data protection for new applications and re-registration. More.

Australia – Rail safety – Medical standards under review
The National Transport Commission is reviewing medical standards for rail workers. As part of the review, a project reference group has been established and includes representatives from the government, unions, rail operators and the medical industry. A draft of the updated standards will be released for public consultation in mid 2011.  More.

Australia – Rail safety – National regulator and investigation system proposed
At its 20 May meeting, the Australian Transport Council (ATC) agreed to support the establishment of a national rail safety regulator and investigation system. It is proposed that the new regulator will commence on 1 January 2013. The ATC will forward this proposal to the Council of Australian Governments. More – click here and go to ‘National Transport Regulation Reforms’.

Australia – Transport – Consultation on national heavy vehicle laws closed; due for voting in August
Following information sessions throughout Australia, public consultation on the Draft Heavy Vehicle National Law has closed. The National Transport Commission (NTC) and National Heavy Vehicle Regulator Project Office will now be consolidating feedback and conducting targeted consultation sessions. The final law and regulatory impact statement will be submitted to the Australian Transport Council in mid August 2011 for voting. More.

NSW – OHS – Model legislation introduced to Parliament
The NSW Government has introduced its model work health and safety legislation to Parliament. Key changes include removing the reverse onus of proof and only allowing regulators to prosecute. View media release. View Bill.

QLD – OHS – Model laws introduced to Parliament
The Queensland Government has introduced its draft work health and safety legislation to Parliament. It has also introduced a Bill for safety in diving and snorkelling.  The Work Health and Safety Bill will replace the Workplace Health and Safety Act 1995. Key changes include:

The definition of ‘due diligence’ has been clarified. More. Transitional arrangements are being put in place. More.

QLD – Asbestos removal – Changes to licensing announced
Under the proposed new Work Health and Safety Regulations, B class asbestos removal licences will apply to businesses rather than individuals. Workers will be required to prove competency. Current B class licences will be valid until the end of 2012. More.

QLD – Construction – Changes proposed to height work following fall
The 4.4 m fall of a worker from a housing construction site has led to proposed changes to working at height legislation. More.

SA – OHS – Model laws introduced to Parliament
South Australia has introduced its model Work Health and Safety Bill to Parliament. The Bill was withdrawn due to a change of Ministers, but has since been re-introduced. MoreView Bill.

SA – Rail – New safety coordination laws to commence
New laws in relation to risk assessments, interface coordination with other rail transport operators, rail infrastructure and roads have passed Parliament. A commencement date for the Rail Safety (Safety Coordination) Amendment Bill 2011 has not yet been set. View Bill.

VIC – Buildings – Exemptions to be allowed for disabled access
In some circumstances, exemptions from regulations in relation to access by people with disabilities may be allowed, under the recently-passed Building Amendment Act 2011. Exemptions will be possible if compliance with the legislation would cause unjustifiable hardship to the building owner, lessee or purchaser. The National Construction Code Series will also be recognised. The laws have not yet commenced. View Act.

VIC - Explosives - New regulations being made
Victoria's existing explosives regulations will expire on 26 June 2011. New draft regulations have been published and have closed for comment. Proposed changes include:
  • changes to licences, for people and vehicles, and storage facility categories
  • a longer notification period for fireworks and tighter storage controls
  • changed import obligations for safety cartridges
  • safety management system obligations for all explosives manufacturers. More.

Bills before Parliament

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

NSW
Occupational Health and Safety Amendment Bill 2011
Work Health and Safety Bill 2011

SA
Radiation Protection and Control (Licences and Registration) Amendment Bill 2011
Work Health and Safety Bill 2011

QLD
Safety in Recreational Water Activities Bill 2011
Work Health and Safety Bill 2011

Publications - Draft

Australia – Rail – Draft level crossing strategy and action plan published – Closed for comment
The Rail Industry Safety and Standards Board (RISSB) has published a draft Railway Level Crossing Strategy and Action Plan. Comments have closed. More.

Australia – Rail – Draft access and egress standards published - Open for comment until 3 Jun
The RISSB has published draft standards for rolling stock access and egress, for their fourth open review. Comments close 3 June 2011. More.

Australia – Rail – Additional standards published – Closed for comment
The RISSB has also released draft standards for:

  • track stability, AS 7643. Comments have closed. More.
  • clearances, AS 7633. Comments have closed. More.

News

Campaigns

QLD – WHS - Priorities for 2011 announced
Workplace Health and Safety has announced its priority campaigns for 2011. They include construction (falls prevention, housekeeping and working around mobile plant), manufacturing (sawmilling, industrial tenancies and consultation), education, hospitality, rural industries and recreational industries. More.

NZ – Construction – Three year safety plan announced
The NZ Government has announced a three year plan to improve safety in the construction industry.  The Construction Sector Action Plan is part of the National Action Agenda, which focuses on the five sectors where most incidents occur. More.

NZ - Quad bikes - Inspection campaign underway
The Department of Labour’s visits to farms to assess quad bike safety are nearly complete. The safety campaign will continue until late 2013, with regular reviews and ongoing monitoring and enforcement. More.

Fines and prosecutions

NSW – Logging death leads to large fine for company and director
A sawmill company and its director have been fined $220,000 and $22,000 respectively, after a worker was crushed by a logging machine. The machine rolled over the worker after he pressed the ignition button, from outside the cabin. There was no OHS management system, maintenance procedures or operator’s manual. More.

NSW - $360,000 fines over road worker’s death
Three organisations and a manager have been fined a total of $360,000 following the death of a road worker. The worker - a sub-contractor’s employee - was hit and killed by a prime mover on the Epping Road project. Although safe work method statements were in place, there was no spotter for the vehicle and no-one to coordinate vehicle movement. Communication and supervision were also deemed inadequate. More.

NSW – Two companies fined $180K over roof fall
A construction company and plumbing company have been fined $180,000 after a plumber fell 6m from a supermarket roof. The worker was not wearing a harness and no guardrails were installed. Scaffolding was deemed to be inadequate, as was training and supervision. The worker suffered numerous fractures, including of his femur. More.

NSW – Crushing death leads to $160K fine; company now in liquidation
A masonry company has been fined $160,000 after a worker was killed when a two tonne concrete block fell onto him from a forklift. OHS procedures and staff training were deemed inadequate. The company went into voluntary liquidation after WorkCover completed its investigation. More.

NSW - $90,000 fine for non-fatal electric shock
A coal processing company has been convicted and fined $90,000, plus costs, after an electrician suffered a mild electric shock from a 3.3kV high voltage electrical circuit. No interlock or permit system was in place. View court judgement.

NSW - High pressure hose causes death; employer fined $130K
A company has been fined $130,000 over the death of a worker who was using a high pressure hose, with steel lance attached. Another worker was controlling flow to the hose and it struck the killed worker in the chest. More.

NSW – Removal of guarding leads to amputations
Two company directors have been fined $10,500, plus costs, after a worker’s fingers were partially amputated. Guarding had been removed and the equipment modified so that the safety switch was permanently activated. More.

NT - $95,000 fine for unroadworthy vehicles
A government authority has been fined $95,000 for having six unroadworthy vehicles. Staff training in pre-use inspection and maintenance was also inadequate. More.

QLD - Employer enters undertaking to escape conviction
A Queensland employer has entered into a $339,500 enforceable undertaking after one of its workers injured his wrist while using a power tool. He was cutting PVC pipe with an angle grinder that had a saw blade fitted. As part of the undertaking, the employer will:

  • improve training for supervisors and managers
  • create new safety-related roles
  • improve staff induction
  • develop and distribute a safety alert on the use of saw blades in angle grinders
  • encourage saw blade manufacturers to improve safety warnings on packaging
  • be audited against AS/NZS 4801:2001
  • implement any recommendations from the audit. More.

QLD – Large fine for employer over worker’s death
One of Queensland’s largest fines has been handed down to a company, after a worker was crushed to death by a 10 tonne counterweight. The construction company has been fined $200,000, plus more than $15,000 in costs. More.

QLD - $100K fine for labour hire company
The death of a labour hire worker has led to a $100,000 fine for his employer. The worker was crushed to death while doing work he was not hired to do and for which he was untrained. The employer had not visited the site to do a risk assessment for more than a year. More.

QLD – Energy company fined over linesman injury
An energy company has been fined $60,000 after a worker was hit by a timber cable drum. The drum had been stored in the open, which was not in accordance with manufacturer’s instructions, causing the flange to deteriorate. The lifting method was also deemed inadequate. More.

QLD – Worker injured by road roller; employer fined
A construction company has been fined $43,000, plus costs, after a road roller operator suffered serious injuries when he was thrown from the roller. The handbrake wasn’t working. More.

SA – Hydrofluoric acid burns two workers; employer fined
A company that directed two apprentice mechanics to clean an ore-carrying truck using hand brushes and hydrofluoric acid has been convicted and fined $40,000. The workers were given inadequate PPE and suffered skin burns. More.

SA – Inadequate procedures, guarding and training lead to fine
A court has convicted and fined a wine barrel manufacturer over an incident where a worker’s hand was severely injured. His hand contacted spinning blades of a heavy cutter wheel, causing fractures and lacerations. There was no interlock guard in place and procedures and training were deemed inadequate. More.

SA – Company fined over alcohol-affected diver; second company fined over fractures
Allowing an alcohol-affected diver to dive has led to a conviction and $26,250 fine for an aquaculture company. The diver blacked out while under water and had to be resuscitated. He has since left his job due to post-traumatic stress disorder. Although policies and procedures related to alcohol were in place, they were not enforced.

In another fishing-related incident, a company has been convicted and fined $22,500 over a deckhand’s fractured hip. The worker’s foot became caught in a net as it was drawn onto the boat. He later needed a hip replacement. Procedures, stop devices, training and supervision were deemed to be inadequate. More.

SA - Builder fined over jetty fall
Inadequate fall protection and work systems have led to a $30,000 fine for a construction company, after a worker fell 5 m from a jetty onto rocks. Workers were required to climb over or under outriggers that were stabilising a truck-mounted crane on the jetty.  More.

SA – Inadequate guarding leads to fingertip amputation and fine
A stationer has been convicted and fined $22,500 after a worker’s fingertip was amputated by a moving chain. Guarding was in place, but it allowed access to some areas. More.

SA – More finger amputations from lack of guarding
Another company has been convicted and fined $24,000 after a worker’s fingertips were cut off by a guillotine. Guarding was again inadequate, as were procedures and training. More.

VIC - $1.3M damages against employer over back injury
A court has deemed that a worker is entitled to more than $1.3 million in damages after he injured his back during manual handling work, requiring a spinal fusion. The worker experiences severe pain and has not been able to work since 2003. More.

VIC – Pallet racking falls on customer; $10K fine for store
Allowing a customer to ‘help themselves’ to goods on pallet racking has led to a $10,000 fine and 12 month good behaviour bond for a Wodonga company. The pallet racking wasn’t secured to the wall and fell on top of the customer, causing fractured ribs and other injuries. More.

WA - $120,000 fines over leg amputation
A host employer and a labour hire company have been fined $80,000 and $40,000 respectively, after a labour hire worker’s leg was amputated. Although not licensed, the worker was required to operate forklifts. He was driving the forklift with the mast elevated and hit a roller door, causing the forklift to roll over and fall on him. More.

NZ – DoL seeks extension on Pike River investigation
The Department of Labour has applied for a time extension to decide whether to prosecute over the Pike River mine explosions. More.
 
NZ – Work by unqualified mechanic leads to death of road user
Allowing an employee with no formal mechanic qualifications to work on a truck’s wheels has led to the death of a bus passenger. The worker removed the left rear wheels of a truck but failed to tighten the wheel nuts properly. Two wheels came off while the truck was on a motorway and smashed through a bus’s windscreen, killing a passenger. The worker’s employer has incurred costs of more than $71,000. More.

NZ – $60K for leg amputation
A company has incurred a fine and reparations of $30,000 after a logger’s leg was partially amputated. A log struck the worker’s leg, causing severe injuries. The Department of Labour deemed that OSH systems were inadequate and workers were exposed to high levels of risk. More.

NZ – Worker flung from bobcat while counterbalancing it; $55K costs to employer
An employee who was standing on the back of a bobcat to counterbalance it was flung 2.5 m into the air when it was lifting more than two times its legal rating. The employer has been fined $40,000, plus $15,000 in reparations. More.

NZ – Failed bungy jump leads to $41K in costs for operator
A bungy jump operator has been ordered to pay $41,000 in fines and reparations, in addition to $18,000 already paid, after a tourist was seriously injured. The bungy jumper slipped out of the ankle straps during a jump and fell into a riverbed below.  It was deemed that the company should have had a backup system in place, in addition to the ankle straps. More.

NZ – Removed guarding leads to finger amputation and $60K fine
A manufacturer has been fined $60,000, and more than $11,000 in reparations, after an employee’s fingers were crushed in an unguarded machine. Hazard identification and training were deemed inadequate. More.

NZ – $42K costs over another unguarded machine
A food manufacturer has also been fined and ordered to pay reparations over an unguarded machine. Fingers were yet again the victim. More.

NZ – Finger amputation leads to fine and reparations
In another incident that led to an amputation, a manufacturer has been fined $26,500 and ordered to pay reparations of $5,000. A press was guarded but it wasn’t maintained and wasn’t working properly, leading to a worker’s partial finger amputation. More.

NZ – Inadequate guarding claims more fingers
In yet another amputation incident, a timber processing company has been ordered to pay $10,000 in reparations after a worker’s fingertips were amputated by a saw. Guarding was again inadequate. The company is now in liquidation. More.

Other news

Australia – OHS – Ten year safety strategy being developed
Safe Work Australia is developing a National Safety Strategy for 2012 – 2022.  Consultation workshops are being held around Australia between May and September. The new strategy will replace the National Occupational Health and Safety Strategy 2002–2012. More – click here and go to ‘Outcomes of the National Work Health and Safety Strategy and Planning Workshop’.

Australia – Buildings – New disability standard now in force
The Building Code of Australia 2011 has commenced. It incorporates new requirements (Disability (Access to Premises – Buildings) Standards 2010) that are designed to improve building access for people with disabilitiesThe standard applies to buildings completed after 1 May and affects anyone involved in designing, certifying, developing or managing buildings. More.

Australia – Chemicals – Update on Existing Chemicals Program released
The National Industrial Chemicals Notifications and Assessment Scheme (NICNAS) has issued an update to the changes it’s making to its Existing Chemicals Program. Changes include:

  • developing a risk based framework for prioritising and assessing chemicals
  • finalising the framework for assessing new products
  • streamlining secondary notification conditions. More.
Australia – Comcare – Bullying guidelines released
Comcare has released guidelines and tools to help prevent workplace bullying. This follows audits of selected organisations that found a widespread lack of knowledge about the subject, including that bullying incidents are reportable. More.

Australia – Rail – RISSB announces priorities for next year
The Rail Industry Safety and Standards Board (RISSB) has announced its priorities for the next financial year. These include:

  • standards for: earthworks; structures, points and crossings; rolling stock fire safety; and rolling stock audible warning devices
  • codes of practice for electronically-controlled pneumatic (ECP) braking and type-approval of signalling equipment
  • changes for Australian Network Rules and Procedures.

State and Territory governments will be required to endorse the projects, which will then be approved by the RISSB Board in July. More

Australia – Rail – National safety strategy published
The Rail Industry Safety and Standards Board (RISSB) has published the first National Rail Safety Strategy for Australia, which includes seven national priorities. It was developed in consultation with rail industry stakeholders, the Rail Safety Regulators’ Panel and the Australian Transport Safety Bureau and covers the years 2010 to 2020.  More.

Australia – Rail – ATSB releases rail safety report
The Australian Transport Safety Bureau (ATSB) has released a report that identified 38 safety issues from 11 investigations into rail safety incidents.  Of the 38 issues, 13 were of significant risk. None had a critical risk level. View report (click on ‘Rail’ in the left menu for a summary of rail investigations).

Australia – Transport – Road safety strategy published
The Australian Transport Council has published the National Road Safety Strategy 2011-2020. The strategy presents a 10 year plan to reduce road-related fatalities and serious injuries by at least 30 per cent. More.

ACT – OHS – Seminar on new legislation in June
WorkSafe is holding a seminar on the harmonised work health and safety legislation on 16 June. More.

NSW – OHS – Summary of prosecutions published
WorkCover has published a summary of OHS-related prosecutions for 2009 and 2008. The summary includes the type of employer prosecuted and the industry sector.  The construction and manufacturing sectors featured strongly. More.

NSW - Construction - New scaffolding guide released
WorkCover has released Part 2 of its guide for working safely with scaffolds.  It includes practical guidance on erecting, altering and dismantling lightweight tower-frame scaffolds. It was developed in consultation with unions, employers and industry associations. View guide.

QLD – Chemicals – NICNAS workshop to be held in June

The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) will be holding free training and awareness sessions in Brisbane on 15 June. The sessions will cover:

  • an introduction to NICNAS
  • regulatory obligations for cosmetics
  • industrial nanomaterials. More – click here and go to p. 6.   

QLD – Construction – Results of audit campaign released
Workplace Health and Safety Queensland has released the findings of audits it conducted on major construction projects in 2010. Working at height and plant safety were the main noncompliance areas. More.

TAS – OHS - Free working at heights seminars in June

WorkSafe is holding two free information sessions on working at heights. Expert speakers will discuss responsibilities, equipment and hazards. More.

VIC – Construction – New guidance note for roof work released
W
orkSafe has released a guidance note detailing new risk controls when installing roofs on housing construction sites. WorkSafe has set compliance deadlines of 1 August 2011 for external fall protection and 1 January 2012 for truss and batten erection. More.

VIC – OHS – WorkSafe information sessions being held in June
WorkSafe is holding information sessions on OHS and return to work issues. The sessions include the upcoming changes to OHS legislation, current WorkSafe campaigns, bullying and changes to the Accident Compensation Act. Sessions are being held in June throughout Victoria. View dates and locations.

NZ – Asbestos – Revised guidelines for management and removal issued
The NZ Demolition and Asbestos Association has issued revised guidelines for managing and removing asbestos. They include best practice standards, procedures and relevant information from the Australian Code of Practice for the Safe Removal of Asbestos (NOSHC:2002 (2005)).  More.

NZ – Mining – Audits of underground coal mines complete
An independent safety audit of NZ’s underground coal mines has found that there is room for improvement, but there is no evidence of an imminently dangerous situation. The auditor has recommended improvements to systems to identify and mitigate hazards at each of the four mines audited. More.

 

 

 

 

 


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.