environmental ohs legal obligations
   

December 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.

This bulletin is current as at 22 November 2011.

Legislation - Upcoming changes

Australia – Dangerous goods – Review of transport framework underway
The National Transport Commission has started reviewing Australia’s regulation of the transport of dangerous goods by road and rail. The review will consider whether there is a more efficient way to update the Australian Code for the Transport of Dangerous Goods by Road and Rail, to reflect changes to the United Nations code, on which it is based. A discussion paper will be released for public comment. More.

Australia – Offshore petroleum – Changes to safety regulations to commence on 1 Jan
The Commonwealth Government is proposing to change the regulation of offshore petroleum on 1 January 2012. As part of the changes, the National Offshore Petroleum Safety Authority (NOPSA) will be changed to include environmental management and will be renamed the National Offshore Petroleum Safety and Environment Management Authority (NOPSEMA). A National Offshore Petroleum Titles Administrator (NOPTA) will also be established and will manage titles in Commonwealth waters. More.

Australia – Ports – Ministers agree to National Ports Strategy
Transport ministers have agreed to submit the National Ports Strategy to the Council of Australian Governments for its consideration and endorsement. More.

Australia – Rail – National transport regulator laws approved
Transport ministers have approved national laws that will underpin the new National Heavy Vehicle and National Rail Safety Regulators. Some policy issues still need to be addressed before the new regulators come into effect in 2013. The Rail Safety National Law will include regulations on hours of work and rest. The National Transport Commission estimates that the National Rail Safety Laws will save up to $72.7 million over the first 20 years. The Chief Executive of the National Rail Safety Regulator will be recruited by July 2012. More.

Australia – Rail – Presentations from public forums available online
In July and August 2011, the National Transport Commission and National Rail Safety Regulator Project Office ran public forums across Australia to explain the proposed national rail safety laws. The presentations are now available online. To view them, click here and go to National Rail Safety Regulator Public Information Forums 2011, then to Forum Presentations.

Australia – Transport – National laws a step closer
National laws for heavy vehicles and rail have moved a step closer, with the finalisation of national legislation. The legislation will establish national regulators for the heavy vehicle and rail sectors. Approval by the Standing Committee on Transport and Infrastructure (formerly the Australian Transport Council) is now being sought. A regulatory impact statement for rail is expected to be released in early 2012. The National Heavy Vehicle Regulator and National Rail Safety Regulator are anticipated to start operating in January 2013. View Rail Safety National Law Nov 2011. View Rail Safety National Law Regulations Nov 2011. View Rail Safety National Law Regulatory Impact Statement Nov 2011.

Australia - WHS - State-by-state roundup of WHS status
Environment Essentials is monitoring each jurisdiction as it progresses with implementation of the harmonised work health and safety legislation. A state-by-state roundup is shown below:

ACT

Act passed by Parliament; Regulations not released; intention to commence legislation on 1 January 2012; forced commencement on 29 March 2012


C'wealth Bill put before Parliament


NSW

Act passed by Parliament; Regulations not released; intention to commence legislation on 1 January 2012 announced


NT

Bill put before Parliament


QLD

Act passed by Parliament; Regulations not released; intention to commence legislation on 1 January 2012 announced


SA

Bill put before Parliament; intention to commence legislation on 1 January 2012 announced


TAS

Bill put before Parliament


VIC

No model legislation released; called for delay of harmonisation for 12 months


WA

No announcement of intentions to release model legislation

Australia - WHS - SafetyLaw summary of model regulations available end Dec
Environment Essentials is currently summarising the Model Work Health and Safety (WHS) Regulations. The summary of the regulations will be incorporated into the existing SafetyLaw Model WHS Act summary, which has already been made available to existing SafetyLaw clients. If you would like to be notified when the complete SafetyLaw Model WHS is available, please contact us.

NSW – WHS – Interpretation of key terms published
Safe Work Australia has published three interpretive guidelines which explain the meaning of key terms under the new work health and safety legislation. The guidelines cover the meaning of:

NSW – WHS – Transition from Industrial to District and Local Courts announced
As part of the transition to harmonised work health and safety laws, the NSW Government has announced that work health and safety prosecutions will be moved from the Industrial Court to the District Court and Local Court. Matters currently before the Industrial Court, and all matters filed before 31 December 2011, will remain with the Industrial Court. The harmonised laws are due to commence in NSW on 1 December 2012. More.

QLD – WHS – Presentations on new WHS laws released
Workplace Health and Safety Queensland has released four presentations to help people understand the new national work health and safety laws:

  • executive officers: know your responsibilities under the new laws
  • a guide to Queensland's Work Health and Safety Act 2011
  • a guide to the model Work Health and Safety Regulation (Chapters 1 to 3)
  • a guide to the model Work Health and Safety Regulation (Chapters 4 to 11).

The new laws will commence on 1 January 2012. More.

SA – WHS – SA indicates intention to commence harmonised laws on 1 Jan
SafeWork has indicated that it intends to implement harmonised work health and safety legislation on 1 January 2012. More.

SA – Asbestos – Air monitoring to be retained under harmonised legislation
When harmonised legislation is implemented, the SA Government has advised that it intends to retain the requirements to monitor air quality during asbestos removals. More.

VIC – WHS – Harmonised legislation delayed
The Victorian Government will be delaying implementation of harmonized OHS legislation for 12 months. It is now developing a supplementary independent Regulatory Impact Statement (RIS) to assess the impact of the proposed laws on Victoria. More.

VIC – Construction – Mandatory drug and alcohol testing approved by FWA
Fair Work Australia (FWA) has deemed that building companies can mandate their employees to undergo drug and alcohol testing. The full bench of FWA found that requiring drug and alcohol tests was a ''reasonable'' request from an employer. More.

WA – Offshore petroleum – DMP to regulate state waters instead of NOPSA
The WA Government intends to remove the powers and functions of the National Offshore Petroleum Safety Authority (NOPSA) from state waters. The Department of Mines and Petroleum (DMP) will regulate state waters instead, within three nautical miles of state waters. More.

Bills before Parliament

The Bills (draft Acts) listed below are being considered by Parliament as at 22 November 2011. Only major OHS Bills introduced by the Government are listed. See EnviroLaw / SafetyLaw / HSE LawGuides Updates pages for Acts that have commenced before this date.

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

QLD
Heavy Vehicle National Law Bill 2011

SA
Work Health and Safety Bill 2011

TAS
Explosives Bill 2011
Work Health and Safety Bill 2011
Work Health and Safety (Transitional and Consequential Provisions) Bill 2011

VIC
Transport Legislation Amendment (Marine Safety and Other Amendments) Bill 2011

Publications - Draft

Australia – Rail – Draft Operational Hazard Register Guideline released
The Rail Industry Safety & Standards Board (RISSB) has released a first draft of its Operational Hazard Register Guideline. The guideline is a summary of safety hazards in the rail industry and is designed to be used as a starting point for future RISSB standards development. It can also be used for industry when initiating its own risk assessments. Comments have closed and the guideline is no longer available on the RISSB website. Contact aborodin@rissb.com.au for details.

Australia – Rail - Draft Rail Management Standards released – Open for comment until 16 Dec
RISSB has also released the Draft Rail Management Standards AS 7640 for open review. The standard comprises three parts:

  1. Rail Management – General, including Appendix F (Rail Defects Catalogue, which was previously a fourth part of the Standard)
  2. Rail Welding and Stressing
  3. Mechanical Rail Joints.

Comments close 16 December 2011. More.

Australia – Rail – More standards being developed – Development group members invited to apply by 15 Dec
RISSB is also developing standards for railway turnouts, railway structures and railway earthworks. People interested in helping develop the standard are invited to contact RISSB by 15 December 2011. More.

NZ – OHS – Draft action plan released – Closed for comment
The Department of Labor has released a draft action plan to reduce workplace-related deaths and injuries. It is part of the National Action Agenda and proposes giving priority to five occupational health hazards: cancer, respiratory hazards, noise, skin irritants and psycho-social hazards. Comments have closed. More
.

News

Campaigns

QLD – Priorities for 2011/2012 announced
Workplace Health and Safety Queensland has announced 17 health and safety issues it intends to target in 2011/2012. More.

NZ – Farming – Helmet use on quad bikes on the rise
The Department of Labor has found there to be a 200% increase in the purchase of helmets for use on quad bikes and that more farmers wearing them. This follows the start of a quad bike safety campaign in November 2010. More.

Fines and prosecutions

NSW – Crushing injury leads to $180K fine for coal mining company
Following crushing injuries to a worker by a continuous mining machine, a coal mining company has been fined $180,000. Before the incident, the company had been issued with a notice requiring it to improve its risk control measures and consult with employees. More – click here and go to p. 10.

NSW – $90K fine for high voltage electric shock
In another coal-related incident, a coal preparation company has been fined $90,000 after a worker suffered an electric shock. He was accessing a switchboard and touched a live high voltage electrical circuit. The judge deemed that the incident was reasonably foreseeable and that there should have been a high voltage permit system and interlock system in place. More – click here and go to p. 10.

NSW – $115K fine for guard rail failure and fall
Another mining company has been convicted and fined $115,000 after an underground worker fell more than 2.5m when a guard rail failed. He was walking on an elevated walkway and fell through the guardrail. It, and a ladder he tried to hold onto, gave way. Work orders to fix or replace the guardrails and ladders had been raised in 2007, but the work had not been done. More – click here and go to p. 10.

SA - $200K nominal fine after two die when boat sinks
A judge has imposed a nominal fine of $200,000 on a fishing company, after two deckhands died when a boat they were on sank. The fine was reduced to $20,000, due to the company's poor financial state. The company has also been required to pay the maximum allowable amount of $20,000 in compensation. There were numerous safety failings, including an unstable vessel and staff not wearing life jackets. More.

SA – Head injuries leads to $72,000 fine
A company has been convicted and fined $72,000 after an apprentice suffered severe facial injuries when overhauling a crane wheel. The wheel was held together under pressure with two nuts, which the apprentice removed. The rim ‘exploded’, causing fractures to several facial bones. He had tried to find an instruction manual for doing the work, but one wasn’t available. The court deemed that there were no written safe operating procedures, that training and supervision were inadequate and that warnings on the wheel rim had become illegible. More.

SA - $26K fine for confined space incident
A heavy engineering company has been convicted and fined $26,000 after a worker was overcome by fumes when working in a confined space. The employer did not believe he was required to train staff in confined space work if a trained supervisor was present. More.

SA – Inadequate guarding causes finger injuries; company fined $14,000
A worker has suffered lacerations and crush injuries to his hand as a result of an inadequately-guarded machine. His employer was fined $14,000. The risk assessment was deemed to be inadequate and there were no written procedures. It is the 11th penalty related to unguarded machinery in SA this year. More.

SA – Truck driver death leads to hefty fine and publicity orders
A transport company received a notional penalty of $136,000 over a truck driver’s death. However, due to its financial situation, it will not be required to pay it. The employee had worked for the company for one day when he was hit by a 500kg bale which fell from a truck. More.

VIC - $400K fine discounted to $300K after guilty plea over death
A dairy company has been convicted and fined $300,000 after a worker died when a one tonne bag of salt fell on him. Bags were stacked on top of each other, instead of on racks. Racking has now been installed. The company would have been fined $400,000 if it had not pleaded guilty. More

VIC – Third degree burns leads to conviction and $45K fine
A leak in an acetylene gas torch and subsequent build up of gas has led to an explosion and third degree burns to an apprentice. His employer, a refrigeration company, has been convicted and fined $45,000 over the incident. The explosion occurred in a poorly-ventilated cellar, which WorkSafe deemed to be a confined space. More.

VIC – Supervisor gets suspended jail sentence for truck driver death
A drilling rig supervisor has been given a three year jail sentence, suspended, following the death of an inexperienced truck driver. He instructed the driver, who’d held his licence for only two weeks, to drive a faulty truck down a steep slope. The driver crashed and was killed. The company and director have previously been fined $750,000 and $120,000, respectively, over the incident. More.

VIC – Warehouse collapse kills man; company fined $350K
The collapse of a partially-constructed warehouse has killed a man and led to a $350,000 fine for a construction company. The partly-completed steel frame, measuring 82m x 240m, collapsed. The company failed to ensure temporary bracing was in place. More.

VIC – Three crush injuries in four months costs company $160K
Inadequate guarding has led to three serious crush injuries in four months at one company, which has been convicted and fined $160,000.  Administrative controls were used instead of physical barriers. Training and supervision were also deemed inadequate. More.

VIC – Scaffolding loaded with twice safe limit; company fined $100K
A bricklaying company has been convicted and fined $100,000 after it overloaded scaffolding by more than double the safe limit. Erected on a busy road in Prahran, the scaffolding held more than 6,000 bricks. The bricks were distributed unevenly, workers weren’t trained in stacking the bricks and there was no site supervisor. More.

VIC - Nearly 120 improvement notices issued to timber company; $70K fine for non-compliance
A timber processing company has been issued with 117 improvement or prohibition notices since 2001. It has also been fined $70,000 for failing to comply with a safety improvement notice. The company has also been convicted and fined twice over separate incidents. More.

VIC – Tenth conviction for roofing operator
A Geelong man has been convicted for the tenth time over OHS issues. In this case, he was convicted and fined more than $18,000 for failing to provide fall protection for contractors working on a roof. He has also been required to attend an OHS course. Since 2001, he has been fined more than $65,000. More.

WA - $2M for asbestos dumping in 1970’s
A man who was exposed to dumped asbestos as a child has been awarded $2.07M in damages, the highest amount for an asbestos-related case in WA’s history. When he was four years old, he played in and got covered in the asbestos waste. He has now developed mesothelioma. More.

WA – Third prosecution over death in custody
The second driver involved in the death of a man in a police van has been fined $11,000. The passenger died of heatstroke in the back of a van, where the temperature was thought to have reached more than 55C. A government department and the contract transporting company have previosly been fined $285,000 each and the other driver fined $9,000. More.

WA – Guillotine claims work experience student’s fingers; company fined $25,000
A steel fabricator has been fined $25,000 after a work experience student had part of his fingers amputated by a guillotine. While cutting a strip of metal, he lost his balance and accidentally pressed the foot pedal. The company fitted a guard after the incident. More.

NZ – Three parties charged over Pike River disaster
A mining company, drilling company and an Officer have all been charged in relation to the Pike River Coal Mine disaster, which killed 29 miners. More.

NZ – Fall from 15m leads to death and $75K fine

An experienced power line worker has been killed after falling 15m from a power pole. His employer had previously replaced deteriorated poles with concrete poles and had identified that the pole the employee was working on was unsafe to climb before the incident. This wasn’t communicated to the employee. More.

NZ – Principal contractor and employer fined over fall from roof
In another working at height incident, a worker who was installing a satellite dish fell six metres from a roof and was left in a coma. The incident has cost the employer $15,000 and the principal contractor nearly $35,000. No fall protection equipment was provided. More.

NZ – Third fall from height leads to fines
A roofing company has incurred costs of nearly $50,000 over a five metre fall from a roof. The worker fell through a hole in the roof, falling to the factory floor. He suffered severe head injuries, broken ribs and a punctured lung. The investigation found that the employer was aware of the hazard but did not put any controls in place. More.

NZ – Worker hit by 400kg steel beam; employer loses nearly $40K
Poor crane safety procedures has led to a worker being hit by a 400kg steel beam, causing fractures and open wounds. Both the crane operator and the worker assisting him were distracted. A number of other safety failings contributed to the incident and the Cranes Approved Code of Practice was not being complied with. More
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Other news

Australia – OHS – SWA releases operational plan
Safe Work Australia has released its Operational Plan 2011-2012, which outlines its harmonisation framework and planned publications for the next eight months. View plan.

Australia – OHS – Safety inspections pay off
A US study has found that workplace safety inspections by authorities lead to dramatically reduced injury rates and big savings for organisations. The study analysed 10 years of data on safety inspections in one American state. The researchers found that the greatest benefit came when an inspection resulted in at least one citation for a safety breach. View executive summary.

Australia - Airports – Environment Essentials at recent AAA Convention
Environment Essentials recently attended the Airports Association Australia (AAA) Convention in Brisbane, to learn more about HSE issues affecting airports. We are considering summarising Civil Aviation Safety Authority (CASA) legislation, which is specifically applicable to airports and aerodrome operators. The legislation covers issues such as aerodrome certificates, aeronautical telecommunication services and operation and maintenance.

If the CASA legislation is relevant to your operations, please register your interest by contacting us.

Australia – Chemicals – NICNAS review to commence – Open for comment until 14 Dec
A review of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is underway. The review will investigate how regulation of industrial chemicals can be improved, both for safety and environmental benefits, and to improve industry competitiveness. Stakeholders are being encouraged to provide input. Comments close 14 December 2011. More.

Australia – Farming – Quad bike training package launched
Australia’s work health and safety regulators have launched a pilot quad bike training package. The training package involves classroom and practical tuition and will be delivered by Registered Training Organisations. It includes training in quad bike checks, basic maintenance, safe handling, transportation, loads and towing. Trainees who complete the course will receive a national Unit of Competency AHCMOM212A - Operate Quad Bikes. More.

Australia - Mining - Invitation to complete survey on harmonisation impact - Open until 16 Dec
Safe Work Australia is inviting people to complete a short survey on how the model Work Health and Safety (WHS) Regulations and Codes of Practice for mining will impact on them. It will take 15 - 30 minutes to complete and will close on 16 December 2011. Take survey.

Australia – Radiation – RPS1 review underway
A review of the Radiation Protection Series 1 (RPS1) is underway. The review will consider more recent recommendations by the International Commission on Radiological Protection (ICRP) [ICRP 103] and the revised International Atomic Energy Agency (IAEA) Basic Safety Standards. It is also intended that the hierarchy of RPS publications will better align with the IAEA system. More.

Australia – Transport – ATC now known as SCOTI
The Australian Transport Council has been replaced with the Standing Council on Transport and Infrastructure (SCOTI). The first meeting of the Standing Council was held on 4 November 2011. More.

Australia – Unconventional gas – Independent review finds safety regulation adequate
An independent review of the shale, coal seam and tight gas industries has found that the Department of Mines and Petroleum has adequate safety risk management processes in place. More.

ACT – WHS – Free seminars on new Model Act in December
On Tuesday 6 December, WorkSafe is holding a free information session on the new harmonised OHS laws. The session will include the key elements that have been agreed, focusing on how the new laws differ from the existing Work Safety Act 2008, the Work Safety Regulation 2009, and the current Codes of Practice. Key items to be covered include:

  • health and safety duties

  • 'officer responsibilities' and 'due diligence'

  • consultation provisions

  • right of entry

  • reporting obligations

  • dispute resolution

  • regulations

  • codes of practice

  • penalties.

Registration is essential. More.

ACT – Asbestos – Free seminars on asbestos in domestic construction coming up
WorkSafe is holding a free seminar on managing asbestos in the ACT's residential construction sector on Friday 2 December. The seminar will include tips on recognising asbestos, hazards when handling it, the 10 square metre rule, and a Q&A session. Registration is essential. More.

NSW – WHS – Info sessions on new Act being held
WorkCover is holding free information sessions throughout NSW on the new work health and safety legislation, which will commence on 1 January 2012. The sessions will include information on the key changes, what the changes mean to NSW businesses and workers and how to prepare for the new laws. More.

NSW – WHS – More webinars released
WorkCover has released more webinars on the new work health and safety laws. The following topics are now available on the WorkCover website:

First-time users may need to register with the webinar provider before viewing.

QLD – Mining and quarrying – Third edition of Safeguard released
The Queensland Government has released the third edition of SafeGuard, a safety and health management system which includes audit criteria. View guide. A self-assessment chart is also available.

VIC – Construction – Advice on major inspections issued
WorkSafe has issued a communique reminding owners of cranes and other construction plant to do major inspections in accordance with Australian Standards. More.     

WA – Cyclones – Prepare now for cyclone season: WorkSafe
Businesses in the north-west are being reminded to prepare contingency plans for the upcoming cyclone season, whether they be working on sea or on land. The Bureau of Meteorology is forecasting a slightly higher than average number of cyclones this season and is expecting some to hit the coast. More
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NZ – Environment Essentials at SOLGM conference
Environment Essentials recently attended the Society of Local Government Managers (SOLGM) Conference in Rotorua, November 6 - 8. The aim of the conference was for NZ local government managers to discuss various topics affecting regional councils.  Key note speakers included Sir Ray Avery, Jonar Nader and Nigel Latta. Barry Harris, former Director of Fonterra Milk Supply, now Chief Executive of Hamilton City Council, offered interesting insight, comparing the different management approaches between private and public administration.  

Exhibitors, including Environment Essentials, showcased solutions to some of the OHS and environmental challenges being experienced by local government. We look forward to assisting our new SOLGM acquaintances in the future. Next year’s event will be held in Auckland.

 

 

 

 

 


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.