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

Mobility Impairments
Since elevators should not be used for evacuation during a fire alarm, people with mobility impairments will need assistance evacuating the building unless on the ground floor. As people with mobility impairments have varying degrees of limitation, information is offered for the two possible scenarios.

1. People who are Non-Ambulatory
Evacuation of non-ambulatory people is complex. As soon as an alarm sounds, people using wheelchairs should proceed to an enclosed stairwell if possible until emergency personnel arrive and determine the necessity of evacuation. A Break Thru representative should be designated by the Fire Warden to inform emergency personnel of the person’s location. Whenever possible, someone should remain with the person with a disability.

To reduce the risk of injury, attempts to carry mobility-impaired people are discouraged and should not be attempted by anyone other than trained emergency personnel, except in the most extreme emergency. Again, in the case of a false alarm or a small isolated fire, it may not be necessary to risk a complicated evacuation, but only qualified emergency personnel should make that decision.

2. People who are Ambulatory
People with mobility limitations who are ambulatory may be able to negotiate stairs in an emergency situation with minor assistance. Some people who usually use a wheelchair or motorized scooter for long-distance travel may be able to walk independently in an emergency situation. If danger is eminent and the person is unable to walk down the stairs with some assistance, it is advisable that he or she wait until the heavy traffic has cleared before attempting to evacuate. Someone should walk beside the person to provide assistance. If it is apparent that there is no immediate danger (absence of smoke or fire), the person may choose to stay in the building until emergence personnel arrive and determine the necessity to evacuate.

Refuges
The refuge can be used as a safe resting place or as a place to wait until it is safe to exit the building.

When employees or clients with a disability are unable to use stairways without assistance it will be necessary to identify refuge areas. Refuge areas provide a place of relative safety before being assisted to a final exit.

Refuge areas can be an enclosure such as a compartment, lobby, corridor or stairway that can provide protection from fire and smoke.

Keep in mind that someone with a permanent or major impairment generally knows the best way to be assisted. A minute or so spent talking with the individual will give you crucial information.

People with Visual Impairments
Most people with visual impairments will be familiar with their immediate surroundings. In an emergency, tell the person with a visual impairment the nature of the emergency and offer to guide them to the nearest emergency exit. Have the person take your elbow and escort them out of the building. As you walk, tell the person where you are and advise of any obstacles. When you reach safety, orient the person to where they are and ask if any further assistance is needed.

People with Hearing Impairments
Some people with hearing impairments may not perceive emergency alarms and will need to be alerted to the situation. Emergency instructions can be given by gesturing or by a short explicit note. It is appropriate to offer assistance to a hearing-impaired person as you leave the building.

People with Learning Disabilities
Persons with learning disabilities may have difficulty in recognizing or being motivated to act in an emergency. They may also:

• have difficulty in responding to instructions which involve more than a small number of simple actions
• confused visual perception of written instructions or signs
• limited sense of direction (requiring someone to accompany them)
• need information to be broken down into simple steps. Be patient.

Evacuation Procedure for a Person with a Disability

• On activation of the emergency alarm, stop and collect belongings that may be required in the evacuation
• Remain at your work station if you require assistance
• Once your assistance arrives (or you don’t require assistance) make your way to a designated refuge point
• Remain at you refuge point with your assistant until it is safe to evacuate (where possible use communication at the refuge point to ascertain if an evacuation is required or if it’s a false alarm
• Once the area is clear if required with the support of your assistant make your way to the final exit of the building

Once outside the building you or your assistant must report your presence to the person in charge of the evacuation

Carrying Techniques for Non-Motorized Wheelchairs
These techniques only to be used in extreme emergencies where there is real threat to life.

One person carry technique:
The cradle lift is the preferred method when the person to be carried has no arm strength. The technique involved placing one hand under the knees of the sitting individual and the other behind the small of their back and lifting with your knees.

One-person assist:

• Grasp the pushing grips, if available.
• Stand one step above and behind the wheelchair.
• Tilt the wheelchair backward until a balance (fulcrum) is achieved.
• Keep your center of gravity low.
• Descend frontward.
• Let the back wheels gradually lower to the next step.

Two person carry techniques:

• The swing or chair carry
• Carriers stand on opposite sides of the individual.
• Take the arm on your side and wrap it around your shoulder.
• Grasp your carry partner’s forearm behind the person in the small of the back.
• Reach under the person’s knees to grasp the wrist of your carry partners other hand.
• Both carry partners should then lean in, close to the person, and lift on the count of three.
• Continue pressing into the person being carried for additional support in the carry.

Two-person assist:

• Positioning of second rescuer:
• Stand in front of the wheelchair.
• Face the wheelchair.
• Stand one, two, or three steps down (depending on the height of the other rescuer).
• Grasp the frame of the wheelchair.
• Push into the wheelchair.
• Descend the stairs backward.

Motorized Wheelchairs:

• Motorized wheelchairs may weigh up to 100 pounds unoccupied, and may be longer than manual wheelchairs. Lifting a motorized wheelchair and user up or down stairs requires two to four people.
• People in motorized wheelchairs probably know their equipment much better than you do! Before lifting, ask about heavy chair parts that can be temporarily detached, how you should position yourselves, where you should grab hold, and what, if any, angle to tip the chair backward.
• Turn the wheelchairs power off before lifting it.

Most people who use motorized wheelchairs have limited arm and hand motion. Ask if they have any special requirements for being transported down the stairs.

If you have a comment or an experience please feel free to share it with us.

Unsafe storage has resulted in an industry-wide warning from WorkSafe after dairy products manufacturer, Fonterra Australia Pty Ltd was today convicted and fined $300,000 in the Melbourne County Court.

WorkSafe’s General Manager for Operations, Lisa Sturzenegger, said all businesses had to ensure they could safely store bulk products or other stock.

Fonterra Australia pleaded guilty to one charge* after a forklift driver died at its Stanhope cheese factory in September 2009.WorkSafe’s investigation found the man died when a one tonne bag of salt fell on him.

Judge Frank Gucciardo said the system for stacking bags at Stanhope was unsafe.  

He said it was not until after the man’s death that a safe racking system was put in place and a written procedure developed. Had it not been for its guilty plea, Fonterra would have been fined $400,000.

WorkSafe’s investigation found the practice of stacking bulk salt bags at Stanhope was unsafe as the tops of lower bags may not be sufficiently level to safely accommodate those on top.  

The danger was such that if the surface of a bag was not level, even a small disturbing force could cause the stack to topple.

Marking the start of WorkSafe Week Ms Sturzenegger said common safety failings involving routine tasks cause the overwhelming majority of workplace injuries and deaths.

“In this case the bags of salt were delivered and stacked every week. The lesson for others is to understand the potential safety issues, consult with the workforce and fix problems.

“It’s extraordinary how quickly things can change in the workplace so it’s important that regular reviews are carried out and ensure people stay up-to-date.

“When disaster strikes, there’s no going back. Fixing issues after the event is not the solution.

“Incidents like this one hit families, businesses and communities hard. They have long-term-effects.

“Getting safety right means no one has to go through what this family and this company have had to,” Ms Sturzenegger said.

My passion for safety began when I was a refrigeration and air conditioning mechanic and an industrial accident left me partially paralysed for six months. Since then I have been a passionate advocate for the safety of installers, service personnel and end users. In my experience a lot of safety problems are caused because people don’t think about installation, maintenance or end-use. I have seen 100kg air conditioning compressors installed on laser light roofing which is not load rated to hold this weight. No thought went into the long-term durability of the unit, safety of the end-user or safety of maintenance personnel. Installers use cranes, hoists, lifters and other equipment to safely lift condensing units/compressors into position. However, installers need to think about future maintenance requirements because improperly positioned units can place servicing personnel at risk.

Under the 2008 Plumbing Regulations, equipment must be accessible for service and maintenance. If the Plumbing Industry Commission’s investigators consider maintenance access is unsafe, the investigators will issue rectification notices, and the person who signed the certificate of compliance will have to pay to fix the issues. It’s always more expensive to rectify than to do it safely in the first place. One recent Plumbing Industry Commission investigation of an air conditioning unit installed on a house resulted in a principal contractor being held responsible for rectification costing more than $100,000.

Tips for safe installation of air conditioning units are:

1. Put yourself in the shoes of the maintenance person. Position the unit so it’s easy to access for installation and future maintenance.

2. Think about what you are installing it on – make sure the surface is secure and can safely hold your weight and the weight of the equipment.

3. Think about how to get the equipment to the height you need including servicing equipment.

4. Think about how to securely fasten the unit to the base structure and be prepared for bad weather conditions. 5. Be safety conscious. Ensure you walk away from each job and so do future service personnel.

Please feel free to share any comments or experiences.

 Background

In the first half of 2011, NT WorkSafe received in excess of 20 notifications of fires in vehicles and other mobile plant. The incidents have occurred throughout the Territory, with the bulk of incidences occurring in the mining industry. The majority of the fires have been attributed to component failure and/or inadequate maintenance.

 Contributing factors

-  Inadequate scope and/or scheduling of maintenance and inspection of vehicles and plant.

-  Hydraulic oil contact with hot engine areas.

-  Poor maintenance leading to a buildup of combustible material (lubricant and fuels) near

heat or ignition sources.

-  Ineffective isolation of ignition sources such as battery terminals.

 Action required

Recommended control measures to prevent similar incidents occurring include:

-  Systematic inspection of all components within a hydraulic or fuel supply circuit during outine part replacements.

-  Proactively monitoring of hydraulic hoses including checks on hose connections, clamps and pressure relief valves.

-  Adopt a risk based hydraulic hose management system.

-  Verify internal maintenance systems with additional quality checks by manufacturers or

authorised service providers.

-  Evaluate isolation techniques such as shielding for potential engine heat sources or insulation of hoses near hot components.

-  Routine inspection of electrical systems for corrosion or insulation fatigue.

-  Consider the location and rating of protective devices such as fuses and wiring control.

-  Install, maintain and systematically inspect fire detection and automatic fire suppression

systems on vehicles or plant operating at a higher risk of fire.

-  Install portable fire extinguishers on all mobile plant.

-  Provide appropriate training to all mobile plant staff on hydraulic hazards, fire detection  and response procedures.

 Further information

Australian Standard

-  AS 5062 – 2006 Fire Protection for Mobile and Transportable Equipment.

For 2011-12, Workplace Health and Safety Queensland interventions will target industries and work practices where statistics show more needs to be done to protect workers. This year’s interventions include:

• rollout of PErforM (a program aimed at reducing hazardous manual task risks through workplace based teams assessing risks and developing solutions)
• risks in metal and plastics manufacturing
• red meat and poultry processing
• liquefied natural gas industry
• securing loads on trucks
• establishing regional networks in the transport industry
• rural industry mobile plant and older workers
• quad bikes
• manual tasks in the fruit and vegetable industry
• major hazards in the civil construction industry
• concrete pumping
• swing stage scaffolding
• load handling at construction sites
• establishing regional networks in the health and community services industry
• young workers in the retail industry
• psychosocial injuries in the education sector
• legionella in cooling towers
• amusement devices at agricultural shows.

Safety Concepts now has a consulting service for Brisbane based businesses so, feel free to contact us anytime to discuss having a Consultant visit your work site!