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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 – Revisions made to model regulations; Ministers approved in principle
In response to public comments received during the consultation period, Safe Work Australia has made some modifications to the model Work Health and Safety Regulations. The majority of Workplace Relations Ministers have given in-principle endorsement of the revised regulations and the first stage model Codes of Practice. More. Draft codes are currently available for public comment.
Australia - WHS - SafetyLaw for harmonised legislation underway
Environment Essentials has commenced summarising the Model Work Health and Safety Regulations. Comprising nearly 700 pages, the regulations will form the basis for each state and territory to enact their own harmonised legislation. Queensland and NSW have already passed their Work Health and Safety (WHS) Acts whilst the ACT, Commonwealth and South Australia currently have Bills before Parliament. No jurisdiction has yet passed their model Regulations.
Once each jurisdiction passes both their Act and Regulations, we will revise the existing SafetyLaw for that jurisdiction. If you'd like to know more about the status of SafetyLaw WHS for your jurisdiction, please contact us.
Australia – Mining – Comment period on draft regulations extended
Safe Work Australia has extended the comment period for the draft work health and safety regulations for mining and related Codes of Practice. Comments for both now close on 7 October 2011. More.
Australia – Ports – Promotion of National Ports Strategy continues
The National Transport Commission is continuing to promote the implementation of the National Ports Strategy to state and territory governments. More.
Australia – Rail – Work on national law continues
Public consultation on the proposed National Rail Safety Law and draft Regulatory Impact Statement has closed. The National Transport Commission is now consolidating the feedback. Once approved, the national legislation underpinning the regulator will be passed through the South Australian Parliament. State and territory governments will then pass enabling legislation to adopt the national legislation. The new National Rail Safety Regulator is expected to become operational by January 2013. More.
Australia – Rail – New medical standards proposed for workers - Closed for comment
The National Transport Commission has released proposed revisions to medical standards for rail safety workers, as part of the proposed harmonisation of rail safety legislation. Comments have closed. More.
Australia – Transport – COAG agrees to national regulators
The Council of Australian Governments has agreed to establish a National Heavy Vehicle Regulator and National Rail Safety Regulator. Intergovernmental agreements have been signed. The National Transport Commission is now consolidating existing legislation, resolving outstanding policy issues and finalising the proposed Heavy Vehicle National Law and National Rail Safety Law. More.
NSW – Mining – Review of funding for mine safety underway – Open for comment until 14 Oct
The NSW Government is reviewing the Mine Safety (Cost Recovery) Act 2005. The aim of the review is to assess if current arrangements to secure funds for regulating mine safety are adequate. A discussion paper has been published. Comments close 14 October 2011. More.
QLD – WHS – Summary of changes under new laws released
Workplace Health and Safety Queensland (WHSQ) has published a summary of the key changes that will take effect on 1 January 2012 under the new model laws in relation to:
QLD – WHS – Summaries of new PCBU duties released
WHSQ has also released a summary of new obligations that will apply to people conducting a business or undertaking, in relation to manual handling, isolated workers and falls. More.
VIC – WHS – Guide to harmonisation released
WorkSafe has produced a brief guide summarising the changes to workplace safety laws as a result of harmonisation. The guide includes information on changes to:
- terms and definitions
- duties under the Act
- inspector powers
- penalties
- health and safety representatives
- transitional arrangements. View guide.
It has also produced a guide summarising work you can do now to prepare for the new laws, which will commence on 1 January 2012. View guide.
STOP PRESS: After this bulletin was published, the Victorian Government called for a 12 month delay to the implementation of harmonised legislation. More.
NZ – Petroleum – Exploration and extraction regulations under review
The Department of Labor is reviewing the Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 1999. It intends to complete the review and implement recommendations by September 2012. More.
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Bills before Parliament
The Bills (draft Acts) listed below are being considered by Parliament. Only major OHS Bills are listed.
SA
Radiation Protection and Control (Licences and Registration) Amendment Bill 2011
Work Health and Safety Bill
TAS
Asbestos-related Diseases (Occupational Exposure) Compensation Bill 2011
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| Publications - Draft
Australia – WHS – Draft Codes published – Open for comment
Safe Work Australia has released 15 more Codes of Practice for comment. They include codes related to first aid, construction, falls, hazardous chemicals, electricity, excavation and demolition, spray painting, powder coating, fatigue and bullying, amongst others. Comments close on 18 November and 16 December, depending on the Code. More.
Australia – Biohazards – Code to be reviewed
As part of the new national work health and safety legislation, Safe Work Australia intends to revise the existing Code of Practice for blood-borne pathogens, by the end of 2012. More.
Australia - Rail - Changes to Australian Network Rules and Procedures published - Closed for comment
The Rail Industry Safety and Standards Board (RISSB) has published amendments to the approved Australian Network Rules and Procedures (ANRP). Comments have closed. More.
Australia - Rail - Rolling stock certification standard released for third review - Open for comment until 14 Nov
RISSB has also released the draft Rolling Stock Certification Standard (RDS 750) for its third open review. Changes made since the second open review are shown in red. More.
Australia – Transport – Discussion paper on corporate culture and safety released – Closed for comment
The National Transport Commission has released a discussion paper on how corporate culture can influence transport safety. Public forums were held around the country during the consultation period. Feedback will be used to help achieve targets in the National Road Safety Strategy targets. Comments have closed. More.
Australia – Vibration – Draft code to be developed
As part of the new national work health and safety legislation, Safe Work Australia intends to develop a model Code of Practice for minimising hazards related to vibration, by the end of 2012. There is currently no national code. More. |
| News
Campaigns
QLD – WHS – Focus areas for 2011/2012 announced
Workplace Health and Safety has released details of the WHS campaigns it intends to run in the 2011/2012 financial year. More.
NZ – Forestry – Plan launched to reduce deaths
The Department of Labor has launched a plan to reduce the death rate of forestry workers. The forestry industry has the greatest number of deaths in the five highest-injury sectors, above construction and manufacturing. More.
NZ – Quad bikes – Quad bike campaign on again
Until November, the Department of Labor will again be running a campaign to improve quad bike safety on farms. Inspectors will be visiting approximately four hundred farms. More.
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Fines and prosecutions
Australia – Maximum fine issued to boat manufacturer
The Federal Court has fined a boat manufacturer the maximum amount of $242,000 under federal work health and safety laws, for supplying an unseaworthy vessel. The boat sank and five people died. The Federal Court ruled that the company had breached its duty as a manufacturer and supplier of plant. More.
Australia – $150K fine for peanut allergy incident
A government body has been fined $150,000 after a person suffered an allergic reaction to peanuts. A person died in 2007 after a similar incident involving the same body. More.
Australia – Enforceable undertaking for deaths of third parties
Comcare has accepted an enforceable undertaking from a rail corporation, after two people died when they crashed their vehicle on an access track the corporation owned. There were no signs or barriers indicating the track was not for public use; it could only be driven on with caution. This is the first time Comcare has commenced civil proceedings over an employer’s duty to third parties. More.
Australia – Fall from cliff face leads to undertaking
Comcare has also accepted an enforceable undertaking from a government department. A volunteer was injured when he fell while rappelling down a cliff face. The department has since made mandatory improvements to its roping practices and training. More.
NSW - Company and director fined nearly $100,000 after explosion
Following the explosion of a gas pipeline which caused serious burns to two apprentices, a plumbing company and its director have been fined $80,000 and $18,000 respectively. The pipeline had not been fully purged in accordance with the relevant Australian Standard, AS5601. More.
NSW - Electric shock causes serious burns; sub-contractor and director fined
A construction sub-contractor and company director have been fined $50,000 and $15,000, respectively, after a worker received an electric shock when his equipment contacted overhead powerlines. The Judge deemed that the risk was foreseeable and that systems of work were not safe. More.
NSW – Death of man in blender leads to hefty fine for employer
A manufacturer and its director have been fined more than $127,000, after a worker died when a blender he was in was turned on. Power to the machine had not been isolated and the safety switches were either broken or malfunctioning. More.
NT – Safety training organisation fined $121K over explosion
A leading safety training organisation has been convicted and fined $121,000, after an explosion at its training facility. The explosion occurred during a simulated marine fire emergency and injured four trainees and two trainers. A second company has been charged and will appear in court at a later date. More.
QLD – Insulation death leads to $100,000 fine
The electrocution of a worker who was installing insulation has led to his employer being fined $100,000. Metal staples were being used to fix the insulation. More.
QLD – Lack of guarding leads to leg injuries; $44K fine
A recycling company has been fined $44,000 after a worker injured his leg when he became tangled in an unguarded machine. Hazard identification, risk assessment, systems development and training had not been done. More.
SA – Directors fined over guarding-related injuries
Two company directors have been fined $56,000 each over a worker’s injury from an unguarded machine. The worker’s glove became caught in the machine, causing severe injuries. No physical barrier or warning signs were in place and instruction and training was inadequate. More.
SA – Conviction and $90K fine for winemaker over roof fall
Lack of risk controls while working at height, and a four metre fall from a shed roof, have led to a winemaker being convicted and fined $90,000. There was no hazard identification of the roof, no fall arrest systems and no edge protection. More.
SA – Second fall from height leads to $34,000 fine
In another fall from height, a parts maker has been fined nearly $34,000 after the ladder on which a worker was standing failed. The items he was routinely retrieving using the ladder were later moved to ground level, eliminating the need for working at height altogether. More.
SA - $80,000 fine over gas explosion; no-one injured
A gas explosion that was deemed to be due to corroded parts has seen a resources company fined $80,000. It is their second conviction, after a fatal blast in 2001. More.
VIC – Worker sentenced to jail for blinding coworker with nail gun
A roof tiler has been convicted and sentenced to jail after he shot an apprentice with a nail gun, leading to him becoming blind in one eye. He will serve his sentence doing community work over a four month period. More.
VIC – Men fined and lose jobs after ‘planking’
Two workers have been fined $1,500 and have lost their jobs after being caught ‘planking’ at work. More.
WA – $90K fine over acid spill; valve not designed for highly concentrated acid
Failure to ensure that was capable of withstanding 98% sulphuric acid has led to an acid spill and burns to workers. Four workers suffered burns, with one worker’s leg amputated as a result. More.
WA – Crushing incident leads to $90K fine
Inadequate isolation procedures when doing truck maintenance have led to a $90,000 fine for a mining maintenance company. A 15 year old apprentice was hit by a 10 tonne truck tray and suffered serious injuries. More.
WA – Driver fined over death in van
Following the heatstroke-related death of a person in custody in the back of a van, the driver has been fined $9,000. He pleaded guilty to failing to take reasonable care of another person at work. A government department and contract transport company have previously been fined $285,000 over the incident. More.
WA – $8,000 fine for driver fatigue offences
Failing to record the work time, breaks and non-work time of commercial vehicle drivers has led to a Kelmscott transport company being fined $8,000. More.
NZ – Lack of guarding leads to hand injuries; company loses $30K
Lack of guarding on a planer has caused severe injuries to a contractor’s hands. A joinery company has been fined $25,000, plus $5,000 in reparations. More.
NZ – Second company fined over inadequate guarding
A food manufacturer has also been fined in relation to guarding, after a worker suffered multiple finger amputations. His fingers became caught in moving rollers at a flour mill. The company was fined $37,500 and has paid the worker nearly $60,000 because of the incident. Although guarding was fitted, it wasn’t adequate. The company has now fitted fixed guards. More.
NZ – Company fined for second time over guarding failings
A plastics manufacturing company, which has been previously prosecuted over guarding failures, has been fined again. Although no-one had been injured, inspectors conducting an unannounced visit found that the guards on bag sealing machines had been removed for three months. An employee had also been instructed to over-ride shut down mechanisms. More.
NZ – Severed fingers could have been prevented by limit stop device: DoL
A mill supervisor’s fingers were severed and required emergency surgery to reattach, after they were cut by a radial saw. The Department of Labor has deemed that a limit stop device would have prevented the incident. The employer has been fined $30,000 and $20,000 in reparations. More.
NZ – Costs of $50K+ to stevedoring company because of lack of supervision
Inadequate supervision was a contributing factor to toe amputations of a worker on his first day at work, a court has found. The worker’s foot became trapped between the wharf buffer and a vessel. He had no previous experience in cargo handling. The company has been fined $37,500 and ordered to pay $15,000 in reparations. More.
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Other news
Australia – Asbestos - Asbestos management review underway – Closed for comment
The Australian Government is reviewing asbestos management in the country. The review will provide recommendations for developing a National Strategic Plan to improve asbestos awareness and management. A final report is expected to be issued by 30 June 2012. Comments have closed. More.
Australia – Farming – ROPS safeguards sees significant benefits
A Safe Work Australia report has indicated that roll-over protection devices on tractors has reduced fatalities by 72%. More.
Australia and NZ – Quad bikes – New safety resources available
The Heads of Workplace Safety Authorities have developed a number of point-of-sale resources to help improve quad bike safety. They include a brochure, poster and checklist. There have been more than 140 quad bike-related deaths since 2000. More.
Australia – Rail – New National guideline for management systems published
The Rail Industry Safety and Standards Board (RISSB) has published a new national guideline, Australian Rail Industry Management System Framework. The guideline details key RISSB / rail industry documents that should be referred to when setting up rail safety management systems. It supersedes the Code of Practice for the DIRN Volumes 1: General Requirements Introduction and Volume 3: Part 2 – Route Standards. More.
Australia – Transport – Fatigue management and telematics strategies approved
Australia’s transport ministers have approved a a policy for electronic systems to help manage driver fatigue. A pilot of electronic work diaries and speed monitoring devices is currently being conducted in NSW. They have also approved a national strategy for in-vehicle telematics. More.
NSW – WHS – Training courses on new Act now available
The NSW Government has made available two training courses on the Model Work Health and Safety Act. They include one targeted to employers and one designed for workers and employee associations. They include a facilitator's guide, PowerPoint presentations, fact sheets and handouts. More.
NSW – WHS – Webinars available online
WorkSafe has released online recordings of four recent webinars it held on the new work health and safety legislation:
First-time viewers of the webinars may need to register with the webinar provider to view the recordings.
NSW – Asbestos – New group established to improve asbestos management
The NSW Government has established a new interdepartmental group to improve the way it manages asbestos-related issues. It has also assigned $1 million for prevention programs. The Heads of Asbestos Coordination Authorities (HACA) group comprises the heads from five Authorities. It will be involved with developing a state-wide asbestos plan, model asbestos policy and a support program to help local councils manage asbestos issues. More.
NSW – Loadshifting - New licensing arrangements in place
As part of harmonised workplace safety laws, operators of some load shifting machines no longer need a certificate of competency. More.
QLD – WHS – Workshops on new WHS laws to be held in October
Workplace Health and Safety Queensland is holding free information sessions on the new harmonised workplace health and safety laws in October. The sessions are part of Safe Work Week and will be held in a number of regional areas, as well as Brisbane. More.
QLD – WHS – Employers urged to keep WHSO’s when new laws commence
Workplace Health and Safety is encouraging employers to retain their Workplace Health and Safety Officers, even though the new harmonised legislation does not provide for their appointment. The new laws commence on 1 January 2012. More.
QLD - Rail - SafetyLaw and HSE LawGuides Rail Queensland now available
Environment Essentials is pleased to announce that SafetyLaw and HSE LawGuides for Queensland's rail safety legislation are now available. Summarising the Transport (Rail Safety) Act 2010 and Transport (Rail Safety) Regulation 2010, SafetyLaw and HSE LawGuides Rail Queensland complement our other rail safety directories for NSW, SA, Victoria and WA. As with all of our SafetyLaw and HSE LawGuides services, information is written in plain English, is grouped into topics and is updated when legislation changes. If you would like a free demonstration, please contact us.
VIC – OHS – Mentoring program available for SME’s
WorkSafe and the Australian Human Resources Institute (AHRI) have launched an OHS mentoring program for OHS employees in small and medium organisations. The program is tailored to ‘jugglers’, who manage OHS in addition to their official role. The program aims to help develop OHS skills and provide support, guidance and advice on OHS issues. Click here to register.
NZ - Lead work - New medical surveillance guidelines released
The Department of Labor has released the second edition of Guidelines for the Medical Surveillance of Workers. More.
NZ - Local government - Environment Essentials at SOLGM 2011
Environment Essentials will be attending the 2011 NZ Society of Local Government Managers (SOLGM) Annual Conference, in Rotorua, from 6 to 8 November. Free demonstrations of our various legal compliance services, including SafetyLaw, EnviroLaw, HSE LawGuides, SafetyLink, AspectLink, RoleLink and our online OHSMS and EMS, will be available. Please come by and see us at Stand 16 in the networking zone if you're attending the conference. Conference details.
NZ – Petroleum – Interim Drilling Safety Rule released; voluntary adoption requested
The Department of Labor has released a Drilling Safety Rule adapted for NZ and is asking petroleum operators to voluntarily adopt it for the summer drilling season. It is based on a US-developed Rule, which was prepared after the Deepwater Horizon disaster in the Gulf of Mexico. More.
NZ and Australia– Quad bikes – New safety resources available
The Heads of Workplace Safety Authorities have developed a number of point-of-sale resources to help improve quad bike safety. They include a brochure, poster and checklist. There have been more than 140 quad bike-related deaths since 2000. More.
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