New Era Safety News (April 2024)

Welcome to New Era Safety News - a curation of the latest workplace safety news and views from Australia and across the world. I'm Jamie Mallinder - your trusted voice in #safety #wellbeing and #leadership. If you have any content you'd like featured send me a DM.

Inquiry into the Digital Transformation of Workplaces

On 9 April 2024, the House Standing Committee on Employment, Education and Training began an inquiry into the digital transformation of workplaces, following a referral from the Minister for Employment and Workplace Relations, the Hon Tony Burke MP. The committee will investigate the rapid development and uptake of automated decision-making and machine learning techniques in the workplace.

Chaired by Labour MP Lisa Chesters, the inquiry will assess how these advanced technologies are influencing hiring practices, job structures, wage systems, and overall job quality, with a particular focus on their implications for labour rights and regulatory compliance.

The committee invites submissions from interested individuals and organizations, addressing one or more of the terms of reference by Friday 21 June 2024. For more information or guidance on making a submission, visit here .

This initiative highlights the government's commitment to adapting workplace regulations to keep pace with rapid technological advancements while ensuring the protection of worker rights.

WorkSafe WA Campaign to Enhance Construction Site Security

WorkSafe WA has announced a new campaign for the 2024-25 financial year focusing on enhancing security measures at construction sites. This initiative aims to prevent unauthorized access to worksites, a significant concern given recent incidents where unauthorised individuals have encountered serious hazards.

Acting WorkSafe Commissioner Sally North emphasized the importance of robust site security in the construction industry to protect both the public and workers from potential dangers. “Our goal is to ensure employers are fully aware of the risks and understand the measures that can be implemented to mitigate these risks,” North stated.

The campaign will involve WorkSafe inspectors examining various security implementations at randomly selected construction sites to ensure they effectively prevent unauthorised entry. The inspections will also review safety protocols related to excavations, slips, trips and falls, temporary electrical setups, and the use of plant and equipment. Inspectors are prepared to take necessary actions against any WHS contraventions found during these reviews.

Updated Safety Code for Solar Farms Launched in Queensland

Workplace Health and Safety Queensland has introduced the 2024 Code of Practice for the construction and operation of solar farms , which officially commenced this year. This new code replaces the previous 2019 version and maintains continuity as it introduces no new requirements. It serves as a practical guide for duty holders, outlining clear directives on how to adhere to obligations under both the State Work Health and Safety Act 2011 and the Electrical Safety Act 2002.

The document covers various phases of solar farm management including design, construction, commissioning, operation, maintenance, and end-of-life management. This continuity in regulations ensures that stakeholders are familiar with the standards required to maintain safety and compliance without needing to navigate new regulatory changes.

New CEO Appointed to Lead WorkSafe Victoria Amid Regulatory Changes

Joe Calafiore , the former CEO of Victoria's Transport Accident Commission, has been appointed as the new CEO of WorkSafe Victoria . This transition comes at a critical juncture as WorkSafe Victoria prepares to navigate significant regulatory changes, including the nationwide ban on engineered stone and a comprehensive overhaul of the WorkCover scheme.

State WorkSafe Minister Danny Pearson announced the appointment, highlighting that Calafiore joins the team during a "key time" for both the organization and the broader regulatory landscape. Pearson also extended his gratitude to outgoing CEO Colin Radford GAICD for his pivotal role in steering WorkSafe through the challenges of the COVID-19 pandemic, emphasizing the importance of leadership continuity in maintaining and enhancing workplace safety standards across Victoria.

ACT Passes Bill to Increase WHS Penalties and Clarify Psychosocial Risk Obligations

The ACT has made a significant move in workplace health and safety legislation with the passage of the Workplace Legislation Amendment Bill 2024. This new legislation, as stated by ACT Industrial Relations and Workplace Safety Minister Mick Gentleman , marks a critical advancement in maintaining stringent WHS standards and promoting industrial reform.

The bill substantially increases fines across various categories of workplace offenses. Notably, the maximum penalty for industrial manslaughter has been raised by nine percent, reaching up to $18 million for corporate bodies, while the maximum jail term remains at 20 years for individuals. Furthermore, penalties for category-1 offenses, involving negligence or recklessness, have more than tripled, with fines for corporate bodies skyrocketing from $3 million to over $10 million.

Additional adjustments include a 40 percent increase in all other monetary penalties under the ACT Work Health and Safety Act and Regulation, with future annual increases tied to the national consumer price index. The bill also introduces provisions for aggregating conduct within a corporate body to assess collective culpability in cases involving intent, knowledge, or recklessness.

Moreover, the bill clarifies obligations concerning psychosocial risks, mandating specific control measures under the regulation. Another significant change is the set start date of 1 April 2025 for expanding the ACT's portable long service leave scheme to include the hairdressing, beauty services, accommodation, and food services industries.

These amendments, effective four months post-assent, are designed to ensure that penalties not only deter poor workplace practices but also align with community expectations. WorkSafe ACT

Queensland Amends HVNL to Support Safer Freight Vehicles

Queensland, acting as the host state for the Heavy Vehicle National Law (HVNL), has enacted the Heavy Vehicle National Legislation Amendment Regulation 2024. This amendment aligns HVNL with the Federal Government's Safer Freight Vehicles package, which kicked off nationally on 1 October last year. The update incorporates several new and revised Australian Design Rules (ADRs) aimed at enhancing safety standards for heavy vehicles.

Key changes under the new ADRs include an increase in the maximum vehicle width from 2.5 meters to 2.55 meters for vehicles equipped with specific safety technologies. Additionally, safety features such as mirrors, cameras, and blind-spot information systems will no longer count towards the maximum width and length measurements of heavy vehicles. These adjustments are designed to encourage the adoption of advanced safety technologies while ensuring compliance with dimension regulations.

The explanatory notes of the legislative instrument highlight that these new ADRs are in harmony with international vehicle regulations developed by the United Nations and align with the Commonwealth Government's existing practices and agreements.

While the amendments apply directly to states under the HVNL regime, the Northern Territory and Western Australia, which do not participate in HVNL, are set to make their own legislative changes to mirror the requirements of the Safer Freight Vehicles package. This initiative marks a significant step towards safer and more efficient freight transportation across Australia. National Heavy Vehicle Regulator

South Australian Bill to Enhance Employer Cooperation in Worker Rehabilitation

A new bill in South Australia, the Return to Work (Employment and Progressive Injuries) Amendment Bill 2024, is set to significantly enhance the framework for returning injured workers to suitable employment, especially in sectors heavily utilizing labour hire arrangements. State Industrial Relations and Public Sector Minister Kyam Maher emphasized that the bill aims to improve return-to-work outcomes, which are notably poor in the labour hire sector due to the lack of cooperation from host employers.

The bill will introduce provisions that mandate host employers to collaborate with labour hire providers to facilitate the return to work of injured employees. This cooperation is crucial in ensuring that injured workers have suitable employment options post-injury, reflecting similar obligations found in Victorian workers' compensation legislation.

You can read the bill here .

Victoria Updates Incident Notification Regulations for Safety Compliance

The Victorian Occupational Health and Safety Regulations 2017 have been revised to enhance incident reporting requirements, particularly concerning the failure or malfunction of specified equipment. The amendments, taking effect from 1 July 2024, aim to improve the mechanisms through which duty holders must notify WorkSafe Victoria about serious equipment-related incidents.

Under the newly adopted Occupational Health and Safety Amendment (Incident Notification) Regulations 2024, the list of 'prescribed plant' for which incidents must be reported has been expanded. This update now includes equipment such as lifts, scaffolds, pressure equipment, and even amusement structures, reflecting a broader scope than the previously limited list that mainly covered amusement structures and specific types of industrial machinery.

Additionally, the amendments also address minor technical updates to the regulations concerning the labelling of hazardous substances, ensuring clarity and consistency in compliance obligations.

Simultaneously, the Victorian Government has introduced the Equipment (Public Safety) Amendment (Notice of Dangerous Occurrence) Regulations 2024. These regulations align with the OHS laws to standardize the reporting of dangerous occurrences involving prescribed equipment. The revised regulations specify that any incident posing a serious risk to health or safety, such as implosions, explosions, or equipment failures, must be immediately reported to the authority.

WorkSafe WA Clarifies Electric-Shock Notification Requirements

WorkSafe WA has recently specified that most types of electric shocks are indeed notifiable incidents under the Western Australian Work Health and Safety Act 2020. Defined broadly, notifiable incidents include any serious injury, illness, or dangerous incident such as electric shocks, that arise from business activities.

While the general directive mandates notification of such incidents to WHS regulators, there are exceptions. Shocks that do not pose a serious health or safety risk, such as those from static electricity, extra-low-voltage equipment (defined as "electrical equipment less than or equal to 50V AC and less than or equal to 120V DC"), and medically or first-aid intended shocks from defibrillators, are not required to be reported under WHS laws.

However, WorkSafe emphasizes that in the Western Australian mining sector, even those exempted shocks should be internally investigated and recorded in electrical log books. Additionally, the State’s mining industry must notify Building and Energy of all electric shocks, regardless of the voltage, in line with the State Electricity (Licensing) Regulations 1991. This clarification aims to ensure that all potential electrical hazards are adequately monitored and managed, enhancing safety across workplaces.

Western Australia Introduces New Guidelines for Permanent Impairment Assessment

The Western Australian Government has implemented new guidelines under the WorkCover WA for evaluating permanent impairment, coinciding with the newly established Workers Compensation and Injury Management Act 2023. Set to take effect from 1 July 2024, these guidelines mandate that approved medical practitioners conduct impairment assessments according to the specified procedures.

These latest guidelines update the previous 2016 version, which was based on a template utilized across various jurisdictions, including NSW’s workers’ compensation scheme. The new methodology draws significantly from the American Medical Association 's Guides to the Evaluation of Permanent Impairment, Fifth Edition (AMA5), recognized globally as a leading authority in assessing permanent impairments.

The adaptation of AMA5 involves contributions from prominent Australian medical specialists to ensure the guidelines reflect current clinical practices in Australia. Alongside these guidelines, the State Government has also updated the fee structures for services related to medical assessments, allied health, workplace rehabilitation, and permanent impairment assessments under the new workers’ compensation framework. For detailed information on fees and guidelines, individuals can visit the WorkCover WA website.

World Day for Safety and Health at Work Focuses on Climate Change Risks

In anticipation of World Day for Safety and Health at Work and Workers' Memorial Day on 28 April, employers are being urged to address the emerging workplace health and safety (WHS) risks prompted by changing climate conditions. Safe Work Australia (SWA) highlights that such environmental changes could heighten risks including heat stress, UV radiation, air pollution, and extreme weather events, which pose significant threats to worker safety.

This year, the International labour organization has themed the day around "The impacts of climate change on occupational safety and health," reflecting global concerns. Meanwhile, the International Trade Union Confederation - ITUC focuses on "Climate risks for workers," noting a sharp increase in heat-related health issues among outdoor workers in sectors like agriculture and construction.

Australia's annual worker fatality rate, nearing 200, underscores the critical need for enhanced awareness and preventive measures in workplace safety, particularly as the climate continues to change. The current Australian Work Health and Safety Strategy 2023-33 aims to address these new challenges by promoting improvements that account for the evolving climate and the emergence of "circular economy" jobs.

For the upcoming global observance days, SWA has prepared a suite of co-brandable resources for workplaces, including posters, desktop backgrounds, and social media content. They also offer practical guidance for safely managing work during severe weather conditions, all available here .

Clarifications Issued on Engineered Stone Ban Under National WHS Regulations

Safe Work Australia has recently specified the criteria for engineered stone products that will be subject to a forthcoming ban under the national model WHS Regulations. The defined products are those containing at least one percent crystalline silica by weight, made by combining natural stone with substances like resins or pigments, and that subsequently harden.

This definition specifically excludes products such as concrete, cement, bricks, ceramic tiles, sintered stone, porcelain, roof tiles, and similar materials, though these will still face stricter WHS requirements due to their silica content. Additionally, 'finished' engineered stone items that require no further processing, such as jewellery or sculptures, are also exempt from the ban.

The clarification comes as Australia's WHS ministers finalize legislative clauses to enforce the ban, prompted by a significant rise in silicosis cases among workers handling these materials. The updated regulations aim to tighten control over respirable silica exposure across various industries. Following these decisions, Safe Work Australia has updated its engineered stone ban webpage to include these details and address common queries related to the new regulations.

Welcome to the Tech Corner! This month, we're diving into an exciting feature from SafetyCulture that's changing the way safety training is created and delivered: the AI-powered training tool.

Create with AI — Imagine being able to craft comprehensive training materials with just a few clicks or even a picture. With SafetyCulture’s innovative AI feature, transforming paper documents into digital training modules is as simple as snapping a photo. Whether it's standard operating procedures (SOPs), equipment manuals, or a new workplace training requirement, this tool allows you to convert these essential documents into interactive, digital lessons within seconds.

Here’s how it works:

1. Capture or Input: Just enter a text prompt or take a picture of the document you need to convert.
2. AI Conversion: The AI course creator instantly digitizes this content, crafting engaging and informative training material.
3. Access and Implement: Easily access and disseminate this training material across your organization, ensuring everyone is up to speed, no matter where they are.

This feature is not just about convenience; it's about making safety training more accessible and adaptable to meet the dynamic needs of modern workplaces. Now, training updates can be made in real time, and knowledge can be shared instantly, helping to maintain high safety standards and compliance across all levels of your organization.

Wrap Up

As this month comes to a close, we're on the cusp of significant changes in workplace health and safety laws across Australia.

Stay tuned for next month's updates as we continue to guide you through these developments, ensuring safer work environments for all.

Stay informed, stay safe!