Preventing Falls. News. December Merry Christmas and happy holidays from the Safety Action team! FUME CARTRIDGE RECALL CHEMICAL LABELLING

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1 Preventing Falls Merry Christmas and happy holidays from the Safety Action team! WHS LAWS UPDATE FUME CARTRIDGE RECALL CHEMICAL LABELLING

2 What s this Month? Welcome to the last edition of Safety Action for Like most companies at this time of year, Safety Action is starting to tidy things up for 2012 and look forward to the Christmas Holiday Break. This month, we are fortunate to have a Preventing Falls feature article provided by Simon Butt of No Bolt Operations Pty Ltd. We are also delighted to have Simon as our guest speaker at our Breakfast briefing on Tuesday 4 th. We also provide details on the new for chemical labelling (page 4), and an update harmonised WHS laws (page 6). Gary Rowe, CEO Wising you a safe and merry Christmas, and a prosperous New Year Preventing Falls- The No Bolt Way Falls from height is Australia s fourth biggest workplace killer (per SafeWork Australia), but effective controls are poorly understood by many, according to Simon Butt of No Bolt Operations Pty Ltd. A recent article on the WorkSafe Victoria website states in part a labourer has fallen to his death. Initial inquiries indicate he may have fallen up to 5m onto the floor of the building. Could this have been avoided? Practical tips for safe access around the workplace: 1. Cost of Falls Falls from height not only cause fatalities, but numerous serious injuries and many traumatic debilitating (both physically and psychologically) injuries. These injuries are very costly to the victim, families and the organisation. 2. Legislative Requirements With the new WHS legislation and its adoption in most jurisdictions in Australia, the requirements for falls prevention will change significantly. From now on you will need to assess all processes where there is a risk of a fall from one level (of any height) to another. 3. Hierarchy of Control The hierarchy of control is specified in your state s current OHS/WHS legislation to guide your determination of what controls should be implemented to control a risk. Organisations must always minimize the risk based on what is reasonably practicable, where reasonably practicable is defined as what was reasonably able to be done at the time. 4. Codes of Practice 2012 Safety Action Pty Ltd Page 2

3 There is a more solution based hierarchy of control available in the relevant code of practice or compliance code for your state, so that the solution with the lowest rate of risk is always selected first when it is reasonably practicable to do so e.g. Basic steps to preventing falls from heights Vic, June 2005, Preventing falls in housing construction NSW, June 2012 or Managing the risks of falls at workplaces NSW, December Select Best Solution for the Purpose Do not undervalue your operator s life; the cheapest or easiest solution is not always the best one. For example a worker needs to get on and off the trailer of a truck for loading and unloading the cheapest solution may be to attach a harness to the operator and a rig to an overhead beam. However, does the harness Above, an example of a custom solution may now present a tripping hazard, and can you guarantee the worker will use the harness? If there is more appropriate and lower risk solutions available that fall higher in the hierarchy of control they must be considered first before making the final decision. Go for a solution that is designed for the purpose. If the process changes, check if the solution still fits and that no new risks have Above, Tray Access Platform Integrated Guardrails (TAPIG) been created. This also applies if the solution is deployed elsewhere. 6. Maintain Controls Controls fail and equipment deteriorates, perform regular risk assessments and inspections to keep this from happening. Create an inspection plan, keep it updated and stick to it. 7. Training Train your staff in correct equipment usage and controls, make sure they are constantly using equipment correctly and when required. As an organisation, you need to determine if you are doing enough before it s too late. The easiest option is not always the safest option and there are many resources at your disposal. Working at heights can be very dangerous without the correct safety solutions being deployed and don t just consider the risk of a fatality, even a fall of less than a meter can result in a serious injury. By applying the tested and tried methods and not taking shortcuts or ignoring the legislation, your organisation can become a safer place. This article was kindly provided by Simon Butt, a Senior Consultant with No Bolt Operations Pty Ltd, a firm who specialise in practical work at height solutions. Simon Butt, Senior Consultant, No Bolt Operations Pty Ltd 2012 Safety Action Pty Ltd Page 3

4 Reversing Vehicles a Major Workplace Hazard Fatalities during the financial year continue to highlight the hazards associated with reversing vehicles in workplaces globally. Following a recent Queensland case, the coroner recommended that vehicles be installed with smart alarms for reversing. These alarms automatically adjust their volume to suit the level of background noise, increasing the chance that they will be heard by other workers in proximity to the reversing vehicle. They also emphasised the importance of using a universally recognised reversing beep rather than other warning tones, to ensure the alarms were not overlooked or misinterpreted. Chemical Labelling- New Rules Harmonised WHS laws attempt to bring Australia in line with the Globally Harmonised System of Classification and Labelling of Chemicals (GHS). This means changes to existing chemical classification, labelling and Material Safety Data Sheets (now called SDSs). Whilst chemical manufacturers, importers and suppliers have until 2017 tom achieve compliance, changes that impact on workplaces have already begun to occur, including those states which have not yet adopted WHS. To help you understand the new laws, we have summarised the key changes. In general, hazardous chemicals are substances that were previously classified as hazardous substances and/or dangerous goods. Hazardous chemicals can cause harm to human health or the environment, or cause damage to property. Most obligations are focused on manufacturers, importers and suppliers. Manufacturers of chemicals will need to ensure that chemicals are correctly classified, labelled according to the GHS rules and have a compliant Safety Data Sheet (SDS). As per current laws, employers will need to ensure they have the Safety Data Sheet (SDS) available in the workplace and that substance containers remain correctly labelled, when in the workplace. The hazard indication symbols on packages have changed. Workplaces will need to train workers who use chemicals to recognise the new chemical labelling. Note that some chemicals already have the new labels- so you will need to train all workers that handle chemicals to recognise the new symbols (nine different hazard pictograms, see Table 1). Workplaces in states that have not yet adopted WHS laws will receive chemicals with the new labels and will need to train workers to understand the labelling system. Existing building placards and shipping/transport packages with dangerous goods class diamonds remains the same. Consumer products i.e. those available in supermarkets for domestic use, and are labelled appropriately don t require an SDS or need to have the product included in the chemical register Safety Action Pty Ltd Page 4

5 Ref: from Health and Safety Factsheet: An introduction to the GHS, Queensland Government, Department of Education, Training and Employment, Table Safety Action Pty Ltd Page 5

6 Fume Cartridge Recall Moldex Metric Inc The affected items are the Type A Class 1 carbon-filled cartridges Moldex 7100A and 7600A for all batch numbers preceding Apparently, some of the Moldex cartridges exhibit gas/vapour breakthrough after a shorter duration than the (AS 1716) standard requirement. If you use fume cartridge respirators please check the model and batch numbers above to confirm if affected by this recall. Gas & Vapour Chemical Cartridges Harmonised WHS Laws Update NSW, Qld, NT, ACT & Commonwealth workers commenced 1 January Note: Many of the transitional arrangements (e.g. delay in start for certain regulations) will cease on 1st January 2013 e.g. RCDs will be required for all electrical socket outlets in hostile environments. NSW - Transitional periods for asbestos work licences in NSW have been extended from 6 months to 18 months. Some changes have been made for requirements and renewals for high risk work licences in standard boiler work, and workers are exempt from requiring forklift licences for work in mines or at coal workplaces until 30 June Holders of old high risk work licences are reminded that they need to convert their licence before the end of the year. Queensland Commencement of a number of regulations delayed regarding concerns on; audiometric testing, high risk work licences, earthmoving equipment and registration of concrete boom pumps and prefabricated formwork until 1 st January Tasmania - Parliament has passed the WHS laws and these are scheduled to commence 1st January South Australia - Parliament has passed the WHS Act and it is scheduled to commence 1 January 2013, but with some amendments including; right to silence protected, union (entry permit holder) representatives must contact regulator prior to entering a workplace, duty holders only required to manage those risks over which they have control. The SA WHS Regulations have not been released and are likely to commence on 1st January Western Australia Stated their commitment to the introduction of the WHS laws, but are awaiting assessment of the proposed changes to be completed. No indication of commencement date at this stage. Victoria Stated they will not introduce the WHS laws based on earlier review which indicated a cost to the Victorian economy of about $800m. Assume Vic would introduce the laws if compensated Safety Action Pty Ltd Page 6

7 Documents Given to Regulator Can Be Obtained Under Freedom of Information An employment lawyer at a recent seminar in Sydney has warned employers to get legal advice before providing documents to safety regulators, as any documents provided to the regulator under the new WHS laws can be obtained through a simple freedom of information request, without having to go through the court process. Of course, we must always co-operate with safety inspectors, per legislative requirements. Emergency Procedures Required for Workers in Desert It is suggested to gain legal advice prior to provding information to safety regulators. A coroner recently warned employers with workers in remote areas, including transport companies, to consider the risk exposures, precautions and emergency preparedness. This warning arose from a tragic case where a truck driver missed a turn off to a mine in January 2011 and got bogged. He was found dead (from exertional heat stroke) the following day 30km from his vehicle. The coroner suggested among other things: Carry water supply Emergency breakdown cards Emergency beacons Maps with written directions Late arrival procedures Board & Directors Lack Safety Knowledge A recent survey by HSF lawyers reported that many directors lack knowledge on workplace safety law and culture. Below are the survey highlights: Only 60% of directors have a strong understanding of their legal workplace safety obligations. 45% of directors do not receive a briefing on their WHS responsibilities. 46% of boards do not have WHS auditing or assurance processes. Half of all boards rely solely on work injury data to confirm WHS OK. 70% of boards do not receive regular information on the safety culture of their organisation. Our tip - If your organisation fits this pattern, plan improvements don t wait to be told... An example of a truck transporting goods in a remote area Safety Action Pty Ltd Page 7

8 Phil Kamay Associate Director Kirill Kouzmin Stephen Weber Danielle Smith Is there anything in our newsletter you would like to comment on, or a topic you would like to see included? Please contact our administration, by ing: enquiries@safetyaction.com.au or by calling T Ross Gibson Senior Consultant Andrea Rowe Safety & Risk Advisor Katie Weber Safety & Risk Advisor CHRISTMAS OFFICE CLOSURE Our office will close on Friday 21st and re-open on Monday 21 st January 2013 (urgent matters, can be referred to our consultant s mobile or ) Emily Carter Graduate Safety Advisor We wish you and your family a Merry Christmas and a safe and enjoyable holiday break Safety Action Pty Ltd Page 8