environmental ohs legal obligations
   

August 2011


Legislation
Upcoming changes


Bills

Publications

News
Campaigns
Fines/prosecutions
Other news

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 – WHS – Fact sheets on harmonised laws published
Safe Work Australia has published 12 legislative fact sheets on key areas of the harmonised work health and safety laws. Although targeted to a legal audience, they include concise information. Topics include:

  • role of inspectors in compliance and enforcement
  • health and safety committees
  • right of entry
  • codes of practice
  • incident notification
  • protection from discrimination, coercion and misrepresentation
  • consultation obligations
  • issue resolution
  • work health and safety duties
  • role of the regulator in compliance and enforcement
  • review of decisions
  • health and safety representatives. More.

Australia – Chemicals – Comments on agvet labelling invited – Open for comment until 5 Aug
The Australian Pesticides and Veterinary Medicine Authority (APVMA) is revising labelling requirements for agricultural and veterinary chemicals. Draft instructions for submitting label particulars have been released. Comments close 5 August 2011. More.

Australia – Mining – Draft national model regulations released – Open for comment until 9 Sep
Safe Work Australia has released national draft model regulations for the mining and extractives industry. Fifteen model Codes of Practice and an Issues Paper have also been released. More.

Australia – Rail – Draft national rail safety laws released – Open for comment until 12 Aug
Draft national rail safety legislation and a Regulatory Impact Statement have been released for public comment. A new National Rail Safety Regulator will administer the proposed laws, which will be introduced by 2013. The legislation is based on the National Transport Commission’s (NTC) Model Rail Safety Bill (2007) and Regulations. The NTC and the National Rail Safety Regulator Project Office will be holding public forums in August. Comments on the legislation and RIS close 12 August 2011. More. Register for forum.

Australia – Transport – Feedback on draft national laws being reviewed
The National Transport Commission (NTC) and the National Heavy Vehicle Regulator Project Office are reviewing stakeholder feedback on the draft national heavy vehicle laws. Targeted consultation sessions are also being held. The final legislation and regulatory impact statement will be submitted for approval by Australian transport ministers later this year. More.

ACT – OHS – Model laws introduced to Parliament
The ACT is the fourth jurisdiction to introduce a model Work Health and Safety Bill to its Parliament.  New South Wales, Queensland and South Australia have already done so. The proposed legislation is intended to totally replace the Work Safety Act 2008, from 1 January 2012. More.

NSW – WHS – Model WHS laws passed; to commence on 1 Jan 2012
The NSW Government has passed its national model work health and safety (WHS) legislation, which will commence on 1 January 2012. More. An interim Bill has also been passed, to amend the current Occupational Health and Safety Act 2000 (OHS Act) to mirror some key parts of the national model laws. The OHS Act will be repealed when the new WHS Act commences. The WHS Act includes new obligations and responsibilities for businesses and workers, new mechanisms of consultation and some changes to notifiable incidents. More.

QLD – WHS – New WHS, diving and snorkelling laws passed by Parliament
Queensland has become the first Australian jurisdiction to pass model work health and safety legislation. The laws broaden the definition of ‘worker’ to include labour hire workers, contractors and subcontractors, and impose the onus of proof on the regulator to prove an offence. The new laws allow for higher penalties for breaches of the Act. More. View Work Health and Safety Act 2011.

Legislation specific to the diving and snorkelling industries has also been passed. View Safety in Recreational Water Activities Bill 2011.

NZ – Draft adventure tourism regulations released
Draft regulations to improve safety in the commercial adventure tourism and outdoor education industries are now available for consultation. The new legislation will come under the Health and Safety in Employment Act and will require registration and safety audits for high risk activities. The regulations are due to commence on 1 October, with a three year transition period. Comments close 9 August 2011. More. View draft regulations.

Bills before Parliament

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

Commonwealth
Work Health and Safety Bill 2011
Work Health and Safety (Transitional and Consequential Provisions) Bill 2011

ACT
Work Health and Safety Bill 2011

TAS
Workplace Health and Safety Amendment (Right to Work Without Hindrance) Bill 2011

Publications - Draft

Australia – Plumbing – Changes for 2012 plumbing code published – Closed for comment
The Australian Building and Construction Board has published draft changes for the 2012 edition of the Plumbing Code of Australia, which forms part of the National Construction Code. The code is due to take effect on 1 May 2012.  More.

SA – WHS – Guide to preventing violence at work published – Open for comment until 22 Sep
SafeWork has published a draft guide for preventing and responding to violence at work. The national guide is consistent with the Model Work Health and Safety Bill and uses a risk management approach.  Comments close 22 September 2011. More.

News

Campaigns

NSW – Bullying – Reference group established
The Queensland Government has established a reference group to examine the incidence of bullying and ways to prevent it. The review will be completed by 31 December 2011. More.

QLD – Construction – Audits find good OHS compliance
Recent audits of Brisbane construction sites have found that all sites had implemented worker consultation and induction systems. Only two projects had minor deficiencies in their safety management systems. More.

VIC – OHS – Eight most dangerous industries to be targeted in 2011/12
In the coming year, WorkSafe will be inspecting workplaces from Victoria’s eight most dangerous industries, which account for 25% of claims. Four thousand businesses in the following industries will be visited:

  • food manufacturing and processing
  • wood product manufacturing
  • fabricated metal
  • transport equipment manufacturing
  • plastics and rubber manufacturing
  • road transport
  • warehousing and storage. More.

NZ – Farming – Warnings on quad bikes issued
As part of a quad bike safety inspection program, the Department of Labour has visited nearly 400 NZ farms. More than 100 written warnings or improvement notices were issued, mainly in relation to helmets. More.

Fines and prosecutions

NSW – $297K fines after crane topples onto power lines and house
A crane hire company and its general manager have been fined $297,000, plus costs, after a mobile crane toppled over while moving a spa, bringing down power lines and crashing through a house. The load was heavier than expected, workers did the lift without consulting with the GM and the equipment wasn’t calibrated to ensure the failsafe would work. The company has previously been prosecuted for a similar incident. More.

NSW – Falling loads from forklift lead to spinal injuries; $193,000 in fines
Two companies and a manager have been fined a total of $193,000, plus legal costs, after a pallet fell on workers. One worker suffered a fractured spine. The companies were found to have no safe work practices, risk assessments, training or pedestrian exclusion zones. Supervision was deemed inadequate. More.

NSW – Inappropriate high pressure hose causes blinding; companies fined $155K
The blinding of a worker after a high pressure gas hose fitting came loose has led to fines of $155,000 for two companies. One company installed a hose designed for hydraulics, not high pressure oxygen. An explosion occurred within the hose. That company was fined $95,000. The other company, a welding and fabrication business, was fined $60,000. More.

NSW – Construction fatality leads to $130K fines for company and director
A Coffs Harbour construction company and its director has been fined $137,500, plus WorkCover’s costs, following the death of a worker. He was hit on the head by a 210kg concrete mould. Information, instruction, training and supervision were deemed to be inadequate. More.

NSW - Multiple electric shocks leads to $65K fine
A heavy vehicle hire and haulage company has been fined $65,000, plus WorkCover’s legal costs, after a crane hit overhead power lines. Two workers received electric shocks. More.

QLD - $40K fine for toe amputations
A demolition company has been fined $40,000 after a steel beam fell on a worker’s foot, leading to the amputation of one toe and half of another. More.

QLD – Unlicensed electrical work sees company fined $20,000
A hot water company that was installing electric hot water systems using unlicensed workers has been fined $20,000, plus costs. A home owner alerted authorities. More.

QLD – Contact with live electricity causes burns; employer fined $24,000
Electrical burns to an apprentice who was testing live equipment has led to a $24,000 fine for his employer. The company was charged with failing to conduct its business or undertaking in a way that was electrically safe. More.

SA – Two employers convicted and fined over machine guarding incidents
Two companies have been convicted and fined after workers were injured by inadequately-guarded machinery. In the first incident, a worker suffered broken fingers and partial degloving when his hand contacted a mixer’s rotating blades. The company was fined $30,000. In the second incident, a company was fined $18,750 after a worker’s thumb was caught in a cropping machine. More.

SA – Steelmaker convicted and fined over arc flash incident
A steel manufacturer has been convicted and fined $48,000 over an electrical incident involving an apprentice. During thermal imaging of live switchboards, a switchboard cover contacted live electrical equipment, causing arcing and burns to the worker. Although electrical policies and procedures were in place, there was no safe operating procedure for the task. Instruction, training and PPE were deemed inadequate. More.

SA – Poor traffic management leads to $23K fine
A shower screen manufacturer has been fined nearly $23,000 after a worker was injured as a result of a reversing delivery truck. Although a traffic management system was in place, it hadn’t been adequately implemented or maintained. More.

VIC – Inappropriate use of forklift leads to $80K fine
A hardware company that used a forklift to pull a fence post from the ground has been fined $80,000. A chain connecting the post to the forklift broke, and whipped back to hit a worker, causing multiple injuries. More.

VIC – Contact with power lines leads to burns, $25K fine
A company has been fined $25,000 after a worker suffered third degree burns when his elevated work platform contacted overhead power lines. More.

VIC – Ignoring improvement notices costs thousands
Two caravan makers who ignored safety improvement notices have been fined $8,000 and $5,500. More.

WA – Site supervisor fined $6,000 over tilt-up collapse
A site supervisor has been fined $6,000 after four pre-cast concrete panels fell into a lift shaft. The supervisor instructed workers to remove temporary props without first inspecting to ensure that all structural elements affecting stability were in place. The Occupational Safety and Health Regulations 1996 require this inspection. More.

WA – Injury from unguarded baling machine leads to $50K fines
Two companies have been fined a total of $50,000 after a worker’s arm was drawn into a baling machine. There was no guarding or emergency stop button and he was working alone. More.

WA – Worker falls from scaffold; $15K fine
A painting company has been fined $15,000 after a worker fell from a mobile scaffold. The company Director moved the scaffold while the worker was on top of it, in breach of the Code of Practice. The scaffold fell over and the worker suffered multiple fractures.  More.

WA – Government department fined $285K for passenger death
A government department has been fined $285,000 over the death of a passenger in a police van. The department pleaded guilty to failing to ensure that someone who wasn’t an employee wasn’t exposed to hazards. No temperature monitor was installed in the rear of the van and the passenger died of heatstroke. More.

NZ – Multiple safety breaches leads to $230K+ fine for steel maker
A leading steel manufacturer has been fined nearly a quarter of a million dollars for six separate health and safety offences. The offences included failing to report four accidents and failing to adequately guard machines.  The Judge deemed that the company had a “laissez-faire attitude to health and safety issues.” More.

NZ – Company fined $80K over hot water and chemical burns
Separate incidents causing a hot water burn and chemical burns have led to a cleaning company being fined $80,000.  Hazard identification, equipment maintenance, supervision and emergency procedures were deemed inadequate. More.

NZ – Worker dies after being hit by forklift; companies fined $55K
Two companies have been fined a total of $55,000 after a wharf worker was hit, then pushed nearly 20 metres, by a forklift. He died at the scene. More.

NZ – Spouting company fined after contractor falls five metres
A company has been fined $55,000, plus $30,000 in reparations, after a worker fell five metres from a ladder, suffering multiple fractures. The company failed to report the incident and disturbed the incident site. More.

NZ – Fall from bridge costs company more than $40K
In another fall-related incident, a contracting company has been fined $38,400, and ordered to pay reparations of $12,000, after a worker fell three metres onto a riverbed while repairing a bridge. More.

NZ – Multiple fractures after worker falls 3.6 m
A third incident involving a worker falling has seen a quarry company fined nearly $30,000, plus $20,000 in reparations. The worker stepped from a work platform onto a rock crusher, but slipped and fell 3.6 metres. He suffered a fractured skull, neck, back and ribs. No barriers were in place. More.

NZ – Finger amputations leads to $16K fine
Inadequate guarding of a metal guillotine has led to the amputation of four fingers. The worker put his hand into the machine to adjust a sheet of metal and accidentally activated the machine. The employer fitted guarding the day after the incident. More.

NZ – Unguarded machinery claims more fingers
In another guarding incident, an employee had three fingers amputated by a press. He, too, accidentally pressed the activation pedal while operating the machine.  The employer has been fined $30,000 plus $10,000 in reparations. More.

Other news

Australia – Asbestos – Issues paper for national review released – Open for comment until 9 Sep
The Commonwealth Government is undertaking a review of asbestos management. As part of this, an issues paper has been released for public comment.  Comments close 9 September 2011. More.

Australia – Construction – Slips, trips and falls RIS published
The Australian Building Codes Board has published a Final Decision Regulation Impact Statement (RIS) on slips, trips and falls. The RIS assesses the potential impacts of the proposed National Construction Code changes in Volumes One and Two of the Building Code of Australia. It has been approved for final decision making. More.

Australia – Farming - Trans-Tasman strategy developed to increase quad bike safety
Australian and NZ workplace safety authorities will be focusing on improving quad bike safety on farms.  A Trans-Tasman working group has developed a quad bike industry strategy, which authorities will be implementing. More.

Australia – Transport – NTC’s strategic plan published
The National Transport Commission has published its 2011/12- 2013/14 Strategic Plan and Work Programme. More.

QLD – Electricity – ‘Don’t DIY’ signs now required for some equipment
Retailers and wholesalers selling particular types of electrical equipment must now display a 'Don't DIY' warning sign. It applies to hard-wired equipment as well as power points, light switches and re-wireable electrical plugs and sockets. More.

QLD – Manual handling - New manual task resource for employers
Workplace Health and Safety Queensland has a new online risk management tool for manual handling. More.

QLD – Yabulu refinery now a major hazard facility
The nickel refinery at Yabulu, north of Townsville, has been declared a major hazard facility. More.

SA – High risk work – SafeWork issues reminder on converting licences
SafeWork has reminded workers that pre-1995 qualifications to do high risk work must be updated before 1 September. New High Risk Work Licences are required for operators of forklifts, cranes, hoists and pressure equipment, and those performing rigging, dogging, or scaffolding work. The licences are recognised nationally. More.

VIC – Explosives – New regulations in force
The Dangerous Goods (Explosives) Regulations 2011 have replaced the Dangerous Goods (Explosives) Regulations 2000. A 12 month transition period applies. More. View summary of changes.

VIC – Welding – Guidance info released
WorkSafe has released a new guidance note which gives practical advice on controlling hazards when welding. More.

WA – Agriculture - Falls prevention guidance note released
WorkSafe has released a guidance note on preventing falls from farm equipment and structures. It includes risk management processes. View guidance note.

NZ – Hazardous work – Online reporting now available
Notifications of hazardous work can now be done online.  Employers and contractors must notify the Department of Labour if they are planning any hazardous work at least 24 hours before the work starts. 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.