This alert reminds nail gun users to prevent their guns from inadvertently discharging when they’re using them. It also reminds them to prevent nails from inadvertently ricocheting and hitting persons or penetrating other surfaces.

Background
Nail guns are a high risk tool widely used in the residential construction industry. Numerous incidents involving their use are reported each year. These incidents usually involve serious injuries to those using or to those in the vicinity of their use.

Contributing factors for incidents
Investigations into incidents involving nail guns have identified two main contributing factors:
• When in bump fire mode, the nail gun can be inadvertently discharged due to contact with an object such as the human body. A nail is fired when the operator maintains pressure on the trigger each time the contact tip is depressed.
• Inadvertent ricochets or penetrations can occur when a nail is fired into a hard surface such as a wood knot, another nail, or other hard surfaces and results in the nail being bounced or projected off in an unpredictable direction.

Action required
Those in control of work should ensure that the following is in place:
• Young or inexperienced workers should only use nail guns under strict supervision as statistics indicate they are the most at risk.
• Where possible, use the single shot type/mode.
• The nail gun is maintained in accordance with manufacturer’s specifications.
• Users are trained and instructed in their safe use.
• Users should be competent to use the nail gun they use, whether it is a single shot or bump fire type. Competence should be verified through assessment and regular reinforcement.
• Appropriate personal protective equipment such as eye and hearing protection is worn.
• The timber surface should be inspected for cracks or knots prior to their use.
• Never place your finger(s) on the trigger when moving between work areas (e.g. up/down ladders).
• Avoid use in awkward positions. They should not be held above the line of your shoulder
• Nail guns must never be pointed or fired in another person’s direction.

• Take regular breaks from their use to address the ergonomic risks associated with their long term and repetitive use.
• Areas where nail guns are used are to be isolated from other workers and clearly defined with physical barriers and signage.

Further information
• The Work Health and Safety Act 2011 (WHS Act) requires a person conducting a business or undertaking to ensure, so far as is reasonably practicable, that safe systems of work are provided and maintained and that all workers are provided with the necessary information, training, instruction or supervision.
• Nail guns can be powered by gas canister or pneumatic. There are two main types/modes of nail guns used:Single shot – requires finger depression of the trigger for each nail fired.
• Bump fire – the trigger can be held down with a nail fired each time the nozzle comes into contact with an object.

Contact us here for assistance or queries!

Five new national work health and safety model Codes of Practice are currently open for public comment. They are:

• Safe Design, Manufacture, Import and Supply of Plant
• Working in the Vicinity of Overhead and Underground Electrical Lines
• Traffic Management in Workplaces
• Scaffolding Work
• Formwork and Falsework.

To submit a comment on these draft model work health and safety Codes of Practice, visit the Safe Work Australia website.

The public comment period for these Codes of Practice will close at 5 pm Friday 22 June 2012.

Draft Australian Work Health and Safety Strategy 2012-2022

Safe Work Australia invites all Australians to provide comments on the draft Australian Work Health and Safety Strategy 2012-2022. The input received will help shape the final Strategy and ultimately the future coordination of work health and safety in Australia over the next decade.

You can view the draft and make a comment until 5.00pm (AEST) Monday 21 May 2012.

Public comment closed for:

Recreational Dive and Snorkelling Industry Reference Group recommendations

Twelve recommendations were made by the Recreational Dive and Snorkelling Industry Reference Group.

Comment on the proposed changes is now closed. (Closed 31 March 2012).

Rural Plant Code of Practice 2004

The public comment period on the proposed changes to the Rural Plant Code of Practice 2004 is now closed (Closed: 31 March 2012).

Consultation Regulation Impact Statement on precursor chemicals to homemade explosives

The community and businesses were invited to provide comment on four options that serve to reduce the national security risks posed by chemicals of security concern (Closed: 30 March 2012).

A list of the submissions received, and further information on the development of the Decision RIS is available at the Chemicals Security website (non-Queensland Government link).

The first of seven action areas targeted by the draft strategy is Health and Safety by Design. In this section is an outline of how structures, plant, equipment and substances can be designed so risks are eliminated or minimised before they enter the workplace.

It also wants work processes and systems to be designed and managed to eliminate or minimise risks.

Supply chains are the number two action area. The draft strategy outlines a range of issues, including how all those in the supply chain must “understand their cumulative impact and actively improve the health and safety of the supply chain”.

The other action areas include Work Health and Safety Capabilities, Culture and Leadership, Research and Evaluation, Government, and a Responsive Regulatory Framework.

By 2022 the draft strategy is aiming for a 20 per cent reduction in the number of injury fatalities, a 30 per cent reduction in incidence rates of claims resulting in one or more weeks off work, and a 30 per cent reduction in the incidence rate of claims due to body stressing.

The draft strategy is open for public comment until May 2012.

We understand  Safe Work Australia will release more draft model work health and safety codes of practice for public comment in April, while other draft codes are being tweaked before they are submitted to the Workplace Relations Ministers’ Council for final approval.

Want to know more or need help?

Why not contact Safety Concepts and speak with one of our Safety Consultants.

The purpose of this safety alert is to highlight the importance of correctly locking out the free fall controls on mobile cranes fitted with this feature.

Background

A worker was fatally injured by a falling load while erecting a transmission tower west of Dalby inQueensland in March 2012. A 20 tonne rough terrain mobile crane was being used to lift part of the tower when it appears the auxiliary winch inadvertently went into free fall and the load fell, striking the worker.

Hoist winches on some mobile cranes are fitted with a free fall feature that allows the hook and load to fall under gravity in an uncontrolled manner. This feature has been traditionally provided on cranes for activities such as clam-shell dredging and dynamic compaction. However, the risk associated with an inadvertent activation of the free fall feature can be high and the provision is rarely needed. Most mobile crane manufacturers do not provide this feature on new cranes. The risk to workers from falling loads and potential damage to the crane and crane operator is too great to continue to allow free fall on cranes as standard industry practice.

To prevent inadvertent activation of the free fall feature, it is a common practice for crane owners to install a physical lock. Unfortunately, some of the physical lock arrangements have not been effectively installed. Errors have been made when interpreting the operation of the free fall switching mechanism.

Remedial action required

This incident has highlighted the need for the cranes to be operated so that inadvertent free fall of the load cannot occur. Workplace Health and Safety Queensland (WHSQ) considers that the following action should be taken by all owners of mobile cranes inQueensland:

1. Immediate action:

• Owners of cranes with free fall features, that do not have a physical lockout arrangement to prevent inadvertent activation, are to engage a competent person to install a lockout and test the arrangement.
• Owners of cranes with a free fall lockout on the crane are to engage a competent person to inspect and test to ensure that the lock out has been correctly installed and free fall cannot be inadvertently activated.

The test of the free fall function (while the lock is installed) is to verify that free fall cannot be inadvertently activated. The test is to be carried out in a controlled environment where people cannot be injured and the crane cannot be damaged. A signed, written record of the test is to be provided on the crane.

2. Action within six months:

• Owners of any crane with free fall capabilities should consider de-activating the free fall facility permanently unless there are no alternatives for this type of operation. A documented risk assessment should be prepared for this situation. This de-activation of the free fall should include removal of free fall switches on the crane and a certificate from the crane manufacturer or a competent person (preferably a professional engineer) to state that the free fall function has been permanently removed.

The following additional information should also be noted:

• Workers should avoid being located under the suspended loads.
• The use of the free fall function on a mobile crane should be extremely rare and only be permitted where a documented safe work method statement has shown there is no other reasonable alternative.
• Free fall operation on a mobile crane should never be carried out with people any where near the lift zone.

Want to know more or need help?  Why not contact Safety Concepts and speak with one of our Safety Consultants.

Determining the competency of operators should already be a part of employment screening and daily pre-start procedures. A PCBU should consider the following when assessing plant operators:

• Has the worker completed competency based training and assessment on the item of plant in question?
• Can the worker provide evidence of having previously operated the item of plant in question to perform similar tasks in a similar environment?
• Can the worker demonstrate knowledge of pre-start inspection requirements to ensure an item of plant can be operated safely?
• Does the worker have knowledge of the specific risks and control measures associated with the item of plant in question?
• Are there specific hazards or circumstances, associated with either the plant or the activity to be performed, which require specialist knowledge or experience? Does the worker meet this requirement?

Additional supervision or training may be required after an initial assessment, either as a result of the operator’s competence or the specific hazards associated with the task.
PCBUs should maintain records of competency assessments to ensure that evidence can be provided to an inspector or other duty holders if required.

Workplace Health and Safety Queensland is working with the construction industry through the Queensland Major Contractors Association and the Civil Contractors Federation to ensure appropriate guidance and advice is available.

Want to know more or need help? Why not contact Safety Concepts and speak with one of our Safety Consultants.

The Model Act, Regulations and Draft Codes of Practice are available on the www.safeworkaustralia.gov.au website. Links are provided below.

The Act, Regulations and Codes

Model Work Health and Safety Act (revised draft 23 June 2011)

Model Work Health and Safety Regulations 

Model Codes of Practice

Interpretative Guidelines

• the meaning of ‘person conducting a business or undertaking’
• the health and safety duty of an officer under section 27
• the meaning of ‘reasonably practicable’

Guidance material on the Safe Work Australia website

Resources

Free Education Sessions on new WHS laws

Workshop and seminar presentation notes

Fact sheets and publications

Information by topic

• Duty of care
• Consultation changes
• Health and safety representatives
• Discriminatory conduct
• Offences and penalties
• Entry permit holders
• Regulator and inspectors
• Incident notification

Workplace Standards Tasmania

Helpline

(03) 6233 7657 (Outside Tasmania)
1300 366 322 (Inside Tasmania)

Model legislation has been developed and all states and territories are committed to enacting the new legislation by the end of 2011.

The model legislation has been called the Model Work Health and Safety (WHS) Act and was endorsed by the Workplace Relations Ministers’ Council on Friday 11 December 2009.

The Model Work Health and Safety (WHS) Regulations were endorsed in principle by the Workplace Relations Ministers’ Council on Tuesday 10 August 2011 and all Ministers have been advised to implement the Model Work Health and Safety Regulations by 1 January 2012.

Implementation in the Northern Territory

The Work Health and Safety (National Uniform Legislation) Bill 2011 (NT) was introduced into the Northern Territory Legislative Assembly on Thursday 27 October 2011 and was passed on Thursday 1 December 2011. The new laws will commence on 1 January 2012.

NT WorkSafe will continue to regulate work health and safety in the Northern Territory, as the model legislation will not create a national Work Health and Safety Regulator.

Bulletins have been developed to provide information on some key points under the Work Health and Safety (National Uniform Legislation) Bill 2011 (NT).

The Commonwealth has not provided sufficient time for all Western Australian businesses to come up to speed with the new requirements.  The model WHS regulations are still minus the mining component.  These regulations have an important bearing on the implementation of the overall WHS laws package.  The Government has concerns that having a different commencement date for mining laws will create an uncertain regulatory environment which could conceivably have a negative impact on safety standards in this high risk industry.  Western Australia is of the view that implementation of the model WHS laws requires the complete package for implementation which includes all the mining regulations.

The Commonwealth Government’s Regulation Impact Statement (RIS) for the model WHS regulations is inadequate for Western Australia.  As a result, a local RIS including public consultation in relation to the implementation of the model WHS regulations in WA is required.  The process, which should take up to six months, has commenced.  It is anticipated that the public consultation element of the process will be started around February 2012.  In order to aid its decision making, this process will provide the Government with information and analysis about the consequences the model WHS regulations would have on workers, businesses, government and the economy if applied to Western Australian workplaces. 

In view of these circumstances, the date of implementation for the model laws in WA has not been determined and will need to be reassessed.

Beyond the timing issue, the process for implementing model WHS laws will involve the development of some WA specific transitional laws. Some guiding principles have been agreed through the harmonisation process to deliver a consistent transition process in each jurisdiction. However, as each jurisdiction has a different set of current laws, the transitional provisions in each jurisdiction may need to cover different topics and therefore will not be identical.

Once the WA version of these transitional provisions has been finalised, WorkSafe will make more information available on how they will operate. But by way of example, the transitional provisions will deal with numerous administrative issues such as – 

• Continuity of currently elected Safety and Health Representatives so as to avoid the need for unnecessary election processes.  
• The rules for the continuation of existing investigations.

The Victorian Government has confirmed its support to the principle of harmonisation subject to a satisfactory assessment of the impact and benefits to Victoria.  The Government has initiated a supplementary Victorian specific assessment looking at the impact of the proposed laws on Victoria.  It has stated that this will take several months, and has called on the Commonwealth to defer for 12 months the implementation of nationally harmonised occupational health and safety laws.

WorkSafe continues to enforce Victoria’s existing Occupational Health and Safety Act 2004, Occupational Health and Safety Regulations 2007 and Compliance Codes.

For further details of the Victorian Government’s position, refer to the following media releases of 14 September 2011 and 28 September 2011.

The model Work Health and Safety Act, Regulations and Codes of Practice

View the model Work Health and Safety Act; Regulations and associated Codes of Practice on the Safe Work Australia website.

Also available on the Safe Work Australia website are details of the public comment period for several additional draft model Codes of Practice.

A national compliance and enforcement policy, largely based on Victoria’s current approach, will assist in aligning how occupational health and safety laws are administered across Australia. View the policy here.

Public consultation

Draft model mining regulations have been developed to support the model Work Health and Safety Act and Model Work Health and Safety Regulations.  The draft model mining regulations were available for public comment from July to 14 October 2011, alongside draft codes of practice and an issues paper.

Safe Work Australia also released a mining Consultation Regulation Impact Statement and survey for public comment on 10 October 2011, with a closing date of Friday 11 November. Information on how to make a public submission on the mining Consultation Regulation Impact Statement is available on the Safe Work Australia website.

More information

• How will national harmonisation work
• What employers can do now
• Common questions about national work health and safety laws
• Visit the Safe Work Australia website

1. There are 11 new codes of practice adopted by Queensland through the national harmonisation process.

2. The Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2010 will be remade under the Safety in Recreational Water Activities Act 2011.

3. There are 24 preserved codes of practice with 23 being amended to be consistent with the Work Health and Safety Act 2011.

4. Four codes of practice under the Workplace Health and Safety Act 1995 will be repealed from 1 January 2012.

A code of practice provides practical guidance for people who have work health and safety duties about how to achieve the standards required under the Act, and about effective ways to identify and manage risks.

 New codes of practice commencing 1 January 2012

Confined Spaces Code of Practice 2011 (PDF, 502 kB)
Hazardous Manual Tasks Code of Practice 2011 (PDF, 2.4 MB)
How to Manage Work Health and Safety Risks Code of Practice 2011 (PDF, 510 kB)
How to Manage and Control Asbestos in the Workplace Code of Practice 2011 (PDF, 880 kB)
How to Safely Remove Asbestos Code of Practice 2011 (PDF, 706 kB)
Labelling of Workplace Hazardous Chemicals Code of Practice 2011 (PDF, 931 kB)
Managing Noise and Preventing Hearing Loss at Work Code of Practice 2011
Managing the Risk of Falls at Workplaces Code of Practice 2011 (PDF, 2 MB)
Managing the Work Environment and Facilities Code of Practice 2011 (PDF, 287 kB)
Preparation of Safety Data Sheets for Hazardous Chemicals Code of Practice 2011 (PDF, 710 kB)
Work Health and Safety Consultation, Co-operation and Co-ordination (PDF, 244 kB)
Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2011 (PDF, 391 kB)

 Preserved codes of practice commencing 1 January 2012

The codes of practice below have been amended to be consistent with the Work Health and Safety Act 2011. The changes to these codes of practice are minor and ensure the continued efficient and effective operation of Queensland’s health and safety arrangements.

Abrasive Blasting Code of Practice 2004 (PDF, 414 kB)
Commencement date:1 July 2004
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Cash in Transit Code of Practice 2011 (PDF, 307 kB)
Commencement date: 5 February 2011
Amended: 1 January 2012

Children and Young Workers Code of Practice 2006 (PDF, 244 kB)
Commencement date: 1 July 2006
Amended: 5 December 2008 and 1 January 2012

Concrete Pumping Code of Practice 2005 (PDF, 516 kB)
Commencement date: 1 April 2005
Amended: 28 April 2006, 5 December 2008 and 1 January 2012.

First Aid Code of Practice 2004 (PDF, 320 kB)
Commencement date: 8 March 2004
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Forest Harvesting Code of Practice 2007 (PDF, 921 kB)
Commencement date: 2 February 2007
Amended: 5 December 2008 and 1 January 2012

Formwork Code of Practice 2006 (PDF, 707 kB)
Commencement date: 1 January 2006
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Foundry Code of Practice 2004 (PDF, 348 kB)
Commencement date: 1 July 2004
Amended: 28 April 2006, 5 December 2008 and 1 January 2012.

Hazardous Chemicals Code of Practice 2003 (PDF, 349 kB)
Commencement date: 1 May 2003
Amendment date: 28 April 2006, 5 December 2008 and 1 January 2012

Horse Riding Schools, Trail Riding Establishments and Horse Hiring Establishments Code of Practice 2002 (PDF, 319 kB)
Commencement date: 1 January 2002
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Manual Tasks Involving the Handling of People Code of Practice 2001 (PDF, 896 kB)
Commencement date: 1 March 2002
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Mobile Crane Code of Practice 2006 (PDF, 648 kB)
Commencement date: 1 July 2006
Amended: 5 December 2008, 13 August 2010 and 1 January 2012

Occupational Diving Work Code of Practice 2005 (PDF, 194 kB)
Commencement date: 1 May 2005
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Plant Code of Practice 2005 (PDF, 376 kB)
Commencement date: 1 April 2005
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Prevention of Workplace Harassment Code of Practice 2004 (PDF, 271 kB)
Commencement date: 1 June 2004
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Rural Plant Code of Practice 2004 (PDF, 401 kB)
Commencement date: 10 September 2004
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Safe Design and Operation of Tractors Code of Practice 2005 (PDF, 431 kB)
Commencement date: 1 April 2005
Amended: 28 April 2006, 13 August 2010 and 1 January 2012

Scaffolding Code of Practice 2009 (PDF, 746 kB)
Commencement date: 3 July 2009
Amended: 1 January 2012

Steel Construction Code of Practice 2004 (PDF, 640 kB)
Commencement date: 10 September 2004
Amended: 28 April 2006 and 1 January 2012

Sugar Industry Code of Practice 2005 (PDF, 272 kB)
Commencement date: 24 May 2005
Amended 5 December 2008 and 1 January 2012

• Sugar Mill Safety – Supplement to the Sugar Industry Code of Practice 2005 (PDF, 551 kB)
• Cane Rail Safety – A supplement to the Sugar Industry Code of Practice 2005 (PDF, 433 kB)

Tilt-up and Pre-cast Construction Code of Practice 2003 (PDF, 538 kB)
Commencement date: 1 June 2003
Amended: 28 April 2006, 5 December 2008 and 1 January 2012

Tower Crane Code of Practice 2006 (PDF, 511 kB)
Commencement date: 1 July 2006
Amended: 5 December 2008 and 1 January 2012

Traffic Management for Construction or Maintenance Work Code of Practice 2008 (PDF, 317 kB)
Commencement date: 1 September 2008
Amended: 5 December 2008, 13 August 2010 and 1 January 2012

Tunnelling Code of Practice 2007
Commencement date: 8 June 2007
Amended: 5 December 2008, 13 August 2010 and 1 January 2012