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Archive for: June

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A New Zealand Forestry company has been prosecuted after a log weighing more than a tonne slid down a hillside and hit a worker.

The company, HarvestPro New Zealand Limited, was prosecuted in the Gisborne District Court recently for breaching the New Zealand Health and Safety in Employment Act.

The incident occurred in September 2012 when the log came loose from the jaws of a loader and slid down a steep hillside, said WorkSafe New Zealand in a media statement.

The worker sustained “fractures to his arm and leg that have required multiple surgeries and left him unable to work”, Worksafe said.

“The accident was caused by the decision to allow Mr Henare [the worker] to enter the danger zone at the same time that another worker was using the loader to stack logs on the landing above him,” WorkSafe said, in noting Judge Adeane’s findings.

The court fined the company $80,000 and ordered it to pay $40,000 in reparations.

For more details, visit WorkSafe NZ.

Published on 19 June 2014 in NSCA Safe-T-Bulletin.

An ACT company director has become the first officer of a corporation charged under the model Work Health and Safety (WHS) laws.

The charges follow an incident in which a truck driver died from an electric shock in 2012, says a Norton Rose Fulbright report.

The director has been charged under the ACT WHS Act for failing to exercise due diligence to ensure Kenoss Contractors complied with its WHS duties and failing to comply with his health and safety duty, the report says. He faces a potential maximum penalty of $300,000.

Although he has been charged in connection with Kenoss Contractors, the accused was not a director of this company, but a director of a related company, the report adds.

The case goes to trial in December. The director has already pleaded not guilty in an earlier mention of the case last week.

Kenoss Contractors has also been charged with breaching the ACT WHS Act in connection with the same incident. However, the company has gone into liquidation and the court will need to determine if the prosecution can go ahead, the report noted.

Since this report, the court has decided the prosecution of the liquidated company can proceed. The case will be heard at the same time as the director’s case, according to The Canberra Times.

The corporation faces a potential maximum penalty of $1.5 million.

For more details, visit Norton Rose Fulbright.

Published on 19 June 2014 in NSCA Safe-T-Bulletin.

A number of proposed changes to New South Wales mining laws are open for public comment.

The proposed draft NSW WHS (Mines) Regulation 2014 includes a number of amendments that differ from the model mining regulations developed as part of the National Mine Safety Framework.

NSW along with Queensland and Western Australia determined that more detailed mining regulations were required in their jurisdictions.

Under the proposed NSW regulations, for example, a mine operator can only be appointed if the person has the skills, knowledge, experience and resources to exercise the functions of the mine operator, in addition to the requirements included in the model laws.

A number of proposed NSW codes of practice are also open for public comment, including safety management systems in mining, strata control in underground coalmines, inundation and inrush hazard management, emergency planning for mines and roadway dust analysis in underground mines.

Comment on the draft regulations closes 27 June, while comment on the draft codes closes 11 July.

For more details, visit NSW mines.

Published on 19 June 2014 in NSCA Safe-T-Bulletin.

19 Jun 2014

Dangerous goods rules updated

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The National Transport Commission (NTC) released the latest edition of the Australian Code for the Transport of Dangerous Goods this week.

The NTC says this latest version (7.3), adds to the list of Class 9 dangerous goods. These include lithium batteries and equipment, polychlorinated biphenyls (PCBs), genetically modified organisms (GMO) and other goods.

In addition, carbon dioxide, solid (dry ice) UN 1845; argon, refrigerated liquid UN 1951; and nitrogen, refrigerated liquid UN 1977 (liquid nitrogen) can now be used to cool, refrigerate, manage the temperature of or control other specified dangerous goods. However, specific conditions must be met before using these substances to transport goods in this manner.

The NTC cites a number of other amendments, too.

This latest edition also adopts the ‘United Nations Recommendations on the Transport of Dangerous Goods Model Regulations’ up to the 17th edition, as well as retaining some Australian-specific provisions.

However, not all of the 17th edition amendments have been included. Consideration of these and UN 18th amendments will start in mid-2014.

Published on 19 June 2014 in NSCA Safe-T-Bulletin.

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