April 2012

The Bills (draft Acts) listed below are being considered by Parliament as at 27 March 2012. Only major OHS Bills introduced by the Government are listed. See SafetyLaw / HSE LawGuides Updates pages for Acts that commenced before this date.

NT
Radiation Protection Amendment Bill 2012 

TAS
Agricultural And Veterinary Chemicals (Control Of Use) Amendment Bill 2011
Dangerous Goods (Road and Rail Transport) Bill
Explosives Bill 2011
Mines Work Health and Safety (Supplementary Requirements) Bill
Work Health and Safety Bill
Work Health and Safety (Transitional and Consequential Provisions) Bill

SA
Rail Safety National Law (South Australia) Bill 2012
Work Health and Safety Bill 2011

NZ                                                                                                              
Health and Safety in Employment Amendment Bill (No 2) 241-1

Publications - Draft

Australia – WHS – National draft strategy released – Open for comment until 21 May
The Australian Work Health and Safety Strategy 2012-2022 has been issued for a public comment. The draft strategy establishes targets and priorities for work health and safety in Australia for the next decade. Comments close 21 May 2012. More.

Australia - Rail – RIS on fatigue management released - Closed for comment
The National Transport Commission has released a Draft Regulatory Impact Statement detailing options for regulating the hours of work and rest for rail safety workers. More.

News

Campaigns

QLD – Metal manufacturing – Audits underway; online tool available to assist
Workplace Health and Safety Queensland (WHSQ) is auditing small and large metal fabricators, with inspectors visiting nearly 640 businesses, to help companies understand obligations under the new laws. It is particularly focusing on manual tasks, housekeeping and traffic management. To help employers in the high-incident sector to prepare, it has published an online tool which gives practical options for addressing hazards. More.
       
VIC – Transport – Delivery driver safety to be a focus
WorkSafe will be looking into the safety of delivery drivers, until June. Inspectors will be visiting company offices, distribution centres and places where items are being delivered. WorkSafe has published some tips on how to make delivery work safer. More.

NZ - Quad bikes – Autumn campaign underway
The Department of Labour is embarking on an autumn campaign to address unsafe quad bike use on farms. Health and safety inspectors will visit around 400 NZ farmers between now and May.  More.

NZ - Manufacturing - Manufacturing Sector Action Plan launched
An action plan to address the high rate of injuries in the manufacturing industry has been launched. Over the next two years, the government and sector will work together to reducing injuries. Key priorities are:

• safer use and design of machinery
• safer use of vehicles
• reduced injury, fatality and disease for at-risk groups
• gathering information to help identify future trends and emerging issues. More.

Fines and prosecutions

Australia - Court-enforceable undertaking agreed to after roller door incident
Comcare has accepted a court-enforceable undertaking from a transport company after a worker was hit by a steel roller door, causing traumatic brain injury. More.

QLD – Falling timber stack leads to death and $80K fine; risk not obvious: Magistrate
A company that had extensive safety systems in place and had recently conducted a safety audit has been fined $80,000 after a worker was hit and killed by a falling stack of timber. The magistrate acknowledged that the risk was not readily obvious. The company had not had a reportable workplace incident in nearly 80 years of operation and wasn’t convicted. It has since changed its timber stacking practices. More.

SA - Timber company fined $26,000 over arm injury
Unguarded machinery has led to crushing injuries to a worker and a $26,000 fine for his employer. More.

VIC – Another guarding incident; company fined $50K
Having machinery that didn’t comply with Australian standards has led to a worker’s hand being crushed and a $50,00 fine for her employer. While she was removing a blockage from a processing machine that had been turned off, a colleague turned it back on, unaware she was still working on the machine. The company knew that the machine did not comply with Australian standards. More.

VIC - Safety failings cost apprentice’s eye
A roof tiling company’s failure to install fall protection on a Rowville house led to an apprentice falling 2.4 metres to the ground and a fine equivalent to one third of its annual profit. Wet cement also splashed into his eye, leading to the loss of sight in one eye. No guard rails were installed on the roof on which he was working. More.

WA – Failure to set maximum pressure on press causes arm lacerations; company fined $20,000
A manufacturing company has been fined $20,000 after a worker suffered arm injuries when a wire rope press shattered. The maximum pressure that should have been used for the work was five megapascals; instead, the pressure was set to 34 megapascals. The worker hadn’t been taught to check or change the pressure. More.

WA – Multiple finger amputations from poorly-designed plant; equipment supplier fined
An equipment supplier has been found guilty of failing to ensure that the design and construction of a machine was safe, after three of a worker’s fingers were amputated. A lack of guarding meant that, even after the machine had been stopped, a disk was still rotating and could be reached by workers when removing blockages. More.

WA – Ladder fall causes brain injuries; company fined $60,000
Working from an extension ladder to clean six metre tall wine tanks has led to a fall and serious head injuries. The ladder wasn’t secured to a fixed object and no-one was holding the ladder, as required in the company’s OHS manual. The employer has since prohibited the use of extension ladders and now uses extension poles to clean the tanks from ground level. More.

NZ – Change of plans leads to fall and prosecution
Changing an agreed work process during roof work has led to a worker falling 5.4m onto concrete as well as a conviction and $10,000 costs to a roofing sub-contractor. More.

NZ - $62,500 fine for finger amputation
Ignoring the dangers of an unguarded machine has led to a $50,000 fine, plus $12,500 in reparations, after an employee had part of her finger amputated.  The company had twice been advised that better guarding was required. More.

NZ - More finger amputations sees joint venture fined $50,000
Absence of guarding on the foot pedal of a drop saw has contributed to finger amputations and subsequent $50K fines for the employers. More.

Other news

Australia – WHS – Communique from Safe Work Australia meeting released
The Communique from the latest Safe Work Australia meeting has been published. More.

Australia – HSRs – FAQs on training now available
Safe Work Australia has issued a series of frequently asked questions on how the harmonised laws apply to training of health and safety representatives. More.

Australia - Comcare - Guidance on new laws released
Comcare has released a range of guidance material and resources to help people understand the new harmonised legislation. More.

Australia - Radiation - ARPANSA publishes information on NBN radiation
ARPANSA has published information on likely maximum radiation levels from NBN base stations. There are currently no known adverse health effects. More.

Australia - Rail - Workshop on derailments held
The first Derailment Investigations and Analysis Workshop was held in Canberra in February. More than 90 rail safety practitioners attended the workshop, which included practical exercises. A number of interviews with key speakers and photographs are available. A PowerPoint presentation is also available. More.

ACT - Free workshops on new laws in April
WorkSafe is holding free information sessions on the new harmonised work health and safety laws on 30 April.  Transitional provisions will also be outlined. Bookings are essential. More.  

NT – Mining – Uniform laws now in place
The Work Health and Safety (National Uniform Law) Act 2011 has now commenced for mining operations in the NT. The NT mining regulations under the old Workplace Health and Safety Regulations have been remodelled as Chapter 10 of the new Work Health and Safety (National Uniform Law) Regulations 2011. There are no significant changes to industry-specific obligations. However, general obligations have changed, as have some obligations in relation to dangerous goods and plant registration and equipment. More.

QLD - Asbestos - Clarification on new obligations under harmonised legislation published
The Queensland government has published an overview of the changes to asbestos obligations under harmonised legislation. More.

QLD – Asbestos – One-stop-shop for information established
Workplace Health and Safety Queensland has established a one-stop-shop of information on asbestos. It has also established a dedicated asbestos unit to advise government, employers and workers. More.

QLD – Construction – Guide on working at height published
The Queensland Government has published a legislative guide on working at height when doing construction work. More.

QLD – WHS – Free workshops available to SMEs
Workplace Health and Safety Queensland is holding a number of free workshops on work health and safety in the coming months, in a number of Queensland locations. Designed specifically for organisations that have limited or no health and safety processes in place, topics include:

• establishing a safety management system
• managing risks
• developing safe work method statements and safe work procedures
• incident and emergency response
• hazardous chemicals
• reviewing safety management systems.

An online safety benchmarking tool is also available. More.

VIC – Small business – Free OHS assistance available
Free OHS assistance from an independent consultant is available for companies with up to 20 full time employees.   The consultant will spend up to three hours at your workplace and will help identify safety issues and give advice on addressing them. More.

VIC – Construction - Major inspections of cranes and machinery guidance released
WorkSafe has reviewed and revised the guidance note, Major inspections of cranes and machinery. This guidance, for owners of cranes and other machinery, gives advice on doing major inspections. View here.

WA – OHS – Podcasts on OHS issues now available
WorkSafe WA has published a number of podcasts on OHS issues on its website. Topics include the new work health and safety laws, working safely in the sun, noise management, machinery guarding, drugs and alcohol, and traffic management. More.

Indonesia – See us at the OZMINE Exhibition
Environment Essentials will be attending the OZMINE 2012 Exhibition on 17 – 18 April in Jakarta. If you’re going to the conference, please drop in and see us at stand 46. We’ll be giving free demonstrations of our bilingual EnviroLaw, SafetyLaw and HSE LawGuides services, which cover legislation related to mining in Indonesia. If you’re not going to the conference but would like to meet with us in Jakarta to discuss any HSE legal compliance issues, please email winarti@enviroessentials.com.au.

Indonesia - New Environment Essentials office now open
Environment Essentials is pleased to announce that it has opened an office in Indonesia to better service our Indonesian clients. Our address is Intiland Tower, 7th Floor, Jalan Jendral Sudirman Kav. 32, Jakarta, 10220, Indonesia. Our phone number is +62 21 5790 2258 and fax +62 21 570 3472. For email enquires, please email winarti@enviroessentials.com.au.