NSW LAW UPDATE: New WHS Regulations 2017

The Work Health and Safety Regulation 2011 is being repealed on 1 September and replaced by the Work Health and Safety Regulation 2017, which comes into effect on the same day. 

The new regulation is essentially the same as the 2011 Regulation, except for minor changes, including formatting and corrections to typos.

SafeWork NSW is currently working to update references to the regulation across its multiple sources of information and regulatory materials, as well as links to the regulation.

Work Health and Safety Bill going to Parliament
Following the recent statutory review (the Review) of the Work Health and Safety Act 2011 (WHS Act), the Work Health and Safety Bill 2017 will be soon introduced to the NSW Parliament for consideration. 

The scope of this Review only considered the NSW-specific provisions of the WHS Act and Regulation and how they were being interpreted, applied and enforced in NSW. This was due to the NSW legislation being aligned to the national model legislation which is scheduled for review in 2018.

As part of the NSW Review, the community was asked if the work health and safety laws were working well. The Review found that the objects of the WHS Act remain valid and the terms remain generally appropriate for securing those objectives.

The Review Report was tabled in the NSW Parliament on 20 June 2017. 

Some of the recommendations from the Review include:

• The introduction of new penalty notice offences for unlicensed high risk work and falls from heights.

• Allowing for penalty notices to be issued electronically.

• Clarifying responsibility for certain dangerous goods and high risk plant that may affect public safety when not at a workplace.

• The ability for inspectors to record interviews regardless of whether the interviewee consents, while still retaining the current self-incrimination provisions and ensuring the interviewee is advised that the recording is to be undertaken.

• Clarifying the ability of the NSW regulators to obtain records and issue notices outside of NSW, to the extent the State’s legislative power allows.

Don’t risk non-compliance. ISOsafe are the specialists in Work Health Safety. Call us today to book your business compliance check on 1300 789 132.
 

Worker killed, another critical, in wall collapses as wild winds hit Sydney

A worker has died and another critical in separate structure collapses resulting from dangerous winds in Sydney.

Emergency crews rushed to the suburb of Carlingford in Sydney’s north-west after strong gusts knocked over a brick wall. The wall was under construction at the time.

Police have confirmed a 30-year-old man was killed after he was trapped beneath the rubble. SafeWork investigators will attend the scene and police will prepare a report for the coroner.

In a separate incident; a worker is reported to have suffered critical head injuries after a double-brick wall under construction fell on top of him at Thomas Boulton Circuit, Kellyville NSW. The injured man’s workmates pulled him unconscious from underneath a pile of bricks which had collapsed during highly windy conditions.

CareFlight’s specialist doctor and critical care paramedic treated the man at the scene for critical head injuries, intubating him and placing him an induced coma. The medical team continued treatment as the man was taken by road ambulance to Westmead Hospital in critical condition.

Over the last year there have been numerous cases where employers have been prosecuted following incidents involving collapsing structures across Australia. In particular, a Melbourne sign company which erected an advertising board on a wall that fell and killed three people in Swanston Street back in 2013 was fined $250,000. The company pleaded guilty to one charge under the occupational safety act of failing to keep the public safe. 

The health and safety duties of business owners and head contractors extends beyond their staff to include visitors and the general public. So what can you do today to protect your people, your business and the safety of public?

Ensure freestanding masonry walls are stable and adequately braced at all times to prevent collapse when subjected to lateral forces, such as wind.

Temporary bracing should:
•    be used where the height of the wall exceeds 10 times the thickness of the wall
•    be provided from a lower height where lightweight masonry is used or the wall is in an area where wind speeds are likely to exceed 30 km/h
•    stabilise the entire length of the wall so it does not fall in either direction
•    not exceed two metres between individual braces
•    include wall support bearers (eg battens or strong-backs) of at least 500mm length
•    be retained until the required elements of the final structure are installed and provide adequate lateral support.

Where braces are required, they should be regularly checked by a competent person to ensure they are not removed, modified, or damaged.

If extreme weather is forecast, ensure that work ceases and a suitable large exclusion zone around any incomplete masonry wall is established and maintained.

An incomplete freestanding masonry wall should never be used as shelter during extreme weather, even if the wall has temporary bracing.

Looking for more help? Contact ISOsafe today on 1300 789 132. Our Health and Safety specialists will assess your construction site and provide detailed reports with recommendations to improve safety compliance.
 

Looking for ISO 9001 certificate to win a new tender or contract? Find everything you need here

We have all the answers when it comes to ISO 9001 accreditation. Call us 1300 789 132.

ISOsafe understand ISO9001 Quality Management Systems certification is time consuming and sometimes confusing. This is where we can help you.

We will prepare and train your staff ensuring ISO 9001 compliance. We take the worry out of the quality process leaving you to focus on what you do best – running your business.

Why do evaluation tenders and pre-qualification questionnaires ask for ISO 9001? 

Having ISO 9001 compliant suppliers assures your customers that your business will produce good quality products and services, consistently.

And what does it mean for your business?

Your business will have established processes for everything that it does; meaning less errors and issues. By being a reliable and robust business you will gain the confidence of your customers.

How does it work?

✓ Our specialists will collect all the necessary information for preparation of your ISO 9001 system.
✓ We will complete internal audits of your Quality Management System (QMS) and provide ongoing support every step of the way until your business is certified to the globally recognised ISO 9001.

Call the ISO 9001, ISO 14001 and AS 4801 experts today on 1300 789 132 to get immediate support for your QMS certification.
 

Click here for more information about ISO 9001 – link to International Organization for Standardization.

Is your work phone making you sick? Smartphone Health and Safety tips from the experts

A press release published by the International Agency for Research on Cancer (IARC) about the potential dangers of cell phone use has been making headlines around the world. The report found a strong link between mobile phone use and cancer.

In follow up to the IARC press release; the World Health Organization (WHO) has issued a fact sheet on the health effects of cell phones. This fact sheet states: "A large number of studies have been performed over the last two decades to assess whether mobile phones pose a potential health risk. To date, no adverse health effects have been established as being caused by mobile phone use". The IARC classified cell phones in Category 2B, which is "possibly carcinogenic to humans". 

All employers and business owners providing staff with work mobile phones are responsible for educating staff in the safe use of provided work tools, whether it be a jackhammer or a mobile phone. 

We’ve put together some practical safety tips to help you train your staff to stay safe and healthy when using their work smartphones:

Never text while driving because it is illegal and very dangerous

When possible use handsfree, especially while driving

If youre worried about radiation, use a handsfree or text messaging to reduce electromagnetic energy (EME) exposure to the head

Always purchase approved mobile handsets and accessories - knock-offs may be cheaper but they use inferior materials and are not tested for safety

Use your mobile in good coverage areas

Pedestrians using mobiles should remain alert to traffic and other obstacles

Turn off chargers at the powerpoint when not in use

Ignore cyberbullies and do not respond to bullying messages, where possible block them

In an emergency call Triple Zero (000) and provide your location information to the operator. As long as you are within coverage of a mobile network you will be able to call Triple Zero (000), even without credit or a SIM card. 

If you have a smartphone with GPS capability, you can download the Emergency + App (developed by NSW Fire and Rescue) for free from iTunes or the Google Play store - this app uses your smartphone's GPS capabilities to provide you with your location information which you can give to the Triple Zero operator if needed. It also provides advice about when to call Triple Zero or alternative numbers such as the SES or Police Assistance Line.

The WHO fact sheet can be accessed here 

If your business employs professional drivers, such as truck drivers or bus drivers, weve attached the Australian Mobile Telecommunications Association Fact Sheet developed here

Still feeling confused? Contact ISOsafe on 1300 789 132 for help with training and managing health safety in your business