Bulletin - May 2016

Bulletin

TAS - Biosecurity Act - Biosecurity legislation for Tasmania released
VIC - Construction Legislation - Companies fined after fatal fall
SA - Asbestos Legislation - Company banned and fined $24k
Australia - Environmental Acts - NGER (Measurement) Amendment Determination
WA - Health and Safety Legislation - Building inspection program
ACT - Environmental Management - Planning and Environment Legislation
Environmental Legislation QLD - ‘Chain of responsibility’ laws enacted
OHS Legislation WA - Construction - Multiple companies fined

TAS - Biosecurity Act - Biosecurity legislation for Tasmania released

The TAS Government is reviewing biosecurity and has released its Draft Position on Revised Biosecurity Legislation for Tasmania. The draft document recognises that there are inefficiencies in the way the current biosecurity legislation is structured, and identifies improvements that could be made. The draft proposes a new regulatory framework, which will consist of a single Biosecurity Act and subsequent regulations, codes of practice and guidelines. More.

VIC - Construction Legislation - Companies fined after fatal fall

Two companies have been fined a total of $1.5 million over the death of a worker who fell 40 m after a piling rig collapsed. The original fine was $450,000 for each company, but then increased to $750,000 each following an appeal. An investigation revealed that the employee had raised concerns about training concerns, however, these were ignored and work continued.

Click to learn more.

Vic – Construction Legislation – Company fined $30k

A construction company has been fined $30,000 and ordered to pay $4,423 in costs after an employee fell 8 m through unsecured metal sheeting onto the road below. An investigation found that there was a Safe Work Method Statement stating that metal sheeting was to be locked into position, but the work had not been performed in accordance with the statement. 19 pieces of sheeting were left unsecured.

More details

 

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SA - Asbestos Legislation - Company banned and fined $24k

An employee of an asbestos removal company has been fined $24,000 and banned for 3 years, after several counts of unsafe removal work. The man was convicted of undertaking Class A removal work without authorisation, providing false and misleading information to the regulator, and failing to engage a qualified person to carry out mandatory air monitoring, among other things.

 

For more information on this asbestos legislation ruling, click here.

Looking for guidance on the sampling process?

The Asbestos Safety and Eradication Agency has released guidance on taking materials for testing. The guidance recommends that a professional takes samples, but provides self-guidance including steps for preparation, sample taking and cleaning up.

 

Click here to view the three steps in full detail.

Australia - Environmental Acts - NGER (Measurement) Amendment Determination

The Department of the Environment has released the consultation draft for the proposed National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2016 (No. 1). The amendment determination is planned to apply to the 2016-17 reporting year, and aims to achieve:

  • reinsertion of provisions supporting estimation of legacy waste emissions at landfills
  • finalisation of additional methods to complete NGER system guidance for estimation of emissions from carbon capture and storage (CCS) activities
  • annual update of scope 2 emission factors reflecting changes within the National Electricity Market in the last financial year, among other things.

 

For more information on NGER environmental acts, click here.

WA - Health and Safety Legislation - Building inspection program

WorkSafe WA has been running a proactive inspection program, looking at workplace safety laws and standards in construction sites around Perth. The inspection program which targets electrical safety, working at heights, and ensuring that workers hold proper induction training cards and High Risk Work Licences, has proven to be successful till date. WorkSafe inspectors plan to continue to visit sites unannounced. More

ACT - Environmental Management - Planning and Environment Legislation

The ACT Government has introduced the Planning, Building and Environment Legislation Amendment Bill 2016, which will:

  • adopt the national standards for wood heaters sold in the ACT
  • allow the minister to declare a controlled native species
  • prompt a yearly review of the Heritage Amendment Bill 2013
  • implement other minor changes. More.

Environmental Legislation QLD - ‘Chain of responsibility’ laws enacted

The Environmental Protection (Chain of Responsibility) Amendment Bill, has passed parliament. These new laws create a legal chain of responsibility for environmental harm through which environmental protection orders can be issued to parties covered by the chain of responsibility, and not just to the holders of the environmental authority. Many of the amendments will take effect from the Bill’s introduction (15 March 2016), to ensure companies cannot change control or structures to avoid the impact of the proposed changes. More here and here.

OHS Legislation WA - Construction - Multiple companies fined

Multiple construction related companies have been fined for various offences:

  • A tiler has been ordered to pay over $178,000 for failing to ensure work contracts contained all terms and conditions, and were signed by the company and owner, failing to obtain a home indemnity insurance policy, and other monetary offences. More
  • A builder and his supervisor have been fined $5,000 and $3,000 respectively for slab works which did not comply with applicable building codes and standards. More
  • Another builder has also been fined $2,500 for slab works not complying with the building codes and standards. More
  • A painter has been ordered to pay fines of $4,500 for multiple charges of being unregistered, and an offence for not complying with a building order from the Building Commissioner. More