LEGISLATIVE UPDATES (Issue 19)
Summary of Updates
Seldom a month will go by without several new or revised items of legislation being passed by one of the many levels of government affecting our members. These can range from issues concerning human resources, accounting practices, occupational health and safety, environmental management, through to those rules solely concerning the operation of quarries.
As part of our commitment to members, we will keep you informed of any new or revised legislation as it occurs through the newsletter. This summary will be split into several sections by order of legislative importance.
These are Acts; Regulations; Codes of Practice; Industry Guidelines; Australian and other Standards; and Declarations and Amendments.
We would also like to note that the CMPA provides a weekly email summary detailing all incidents that have occurred over that week in the industry. Email : enquiries@cmpavic.asn.au
Acts
Occupational Health and Safety Act 2004
See report in this edition.
Regulations
No relevant releases have been made as far as the CMPA is aware.
Codes of Practice
DPI Environmental Guidelines: Management of Tailings Storage Facilities
Key changes to note are the clarification of planning requirements, design of water management, seepage containment, definition of the term ‘Containment Tailings’, and the requirement for TSF manual.
Industry Guidelines
OHS Support in Quarries 1 – Hazards in Drilling and Blasting
The CMPA has released the first ‘OHS Support in Quarries’ which details the results on the Drilling Workshop from March last year.
Australian & other Standards
No relevant releases have been made as far as the CMPA is aware.
Declarations & Amendments
Amendments to the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment 2004
See report below
Quarry Industry – Victoria – Award 2000 – PLF0088
See report in this edition.
To obtain full details on any of these amendments, please follow the links from the CMPA website.
Amendments to the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment 2004
Supplied by Commonwealth of Australia Gazette
The objective of these amendments is to update NOHSC’s National Exposure Standards by replacing the existing exposure standards for 3 forms of crystalline silica, namely, quartz, cristobalite and tridymite.
Crystalline silica – also known as silicon dioxide (SiO2) – is the basic component of sand, quartz and granite rock and is found in varying proportions in aggregates, sand, mortar, concrete and stone, and is also in the air and the soil.
A range of work processes may give rise to airborne concentrations of crystalline silica dust, including hard rock mining, excavation, tunneling and earthworks, construction, foundry operations, ceramics production, stone works, refractory brick production, abrasive blasting, agricultural ploughing and harvesting. Certain exposures to crystalline silica can cause serious harm to human health.
In considering a revision to the exposure standards NOHSC invited representations, between August 2003 and November 2003, from any interested persons to identify issues of concern and to comment on possible amendments.
NOHSC established a tripartite review group to consider representations received and to review relevant scientific literature. NOHSC also organised industry workshops in conjunction with the Australian Chamber of Commerce and Industry to identify cost implications of the proposed exposure standards.
After considering the public representations, NOHSC has declared the recommended amendments to the exposure standards for quartz, cristobalite and tridymite, with a date of effect of 1 January 2005.
The revised national exposure standards are 0.1mg/m3 (time weighted average, 8 hours) for quartz, cristobalite and tridymite, measured in accordance with the methodology in Australian Standard Workplace Atmospheres – Method for sampling and gravimetric determination of respirable dust AS2985-2004.
Copies of the amendment may be obtained from the NOHSC website at
http://www.nohsc.gov.au
Occupational Health and Safety Act 2004
The Occupational Health and Safety Act 2004 received assent on 21 December 2004.
The Occupational Health and Safety Bill was introduced into the Legislative Assembly on 17 November 2004 and received its second reading speech on 18 November 2004. The Act was amended at Bill stage on its passage through Parliament. The summary below reflects the Act as introduced to Parliament and does not incorporate those changes.
The Bill proposed to repeal and replace the Occupational Health and Safety Act 1985 (“the OHS Act”). According to Hansard, the Bill proposed to maintain core provisions of the OHS Act and implement certain recommendations made by the “Maxwell Report”.
Specifically, the Bill proposes to:
- expand the objects of the legislation to recognise the importance of Protecting members of the public from risks associated with the actions of employers and self -employed persons;
- prescribe the principles of “health and safety protection” to guide the Victorian Workcover Authority (“the VWA”) in its administration of the Bill;
- define “health” to include psychological health;
- empower the VWA and its inspectors to provide advice in relation to the operation of the proposed legislation;
- expand existing “safety duties” to include a duty on a designer of a workplace to ensure the safety of persons who may use the designed building or structure as a workplace;
- prescribe a general duty on employers to consult with their employees in relation to certain health and safety issues and prescribe a maximum fine of $92,025 for corporations and $18,405 for individuals for failure to do so;
- provide greater flexibility in relation to arrangements for workplace representation, including enabling employers and employees to determine the number of health and safety representatives (“HSR”) for each work group and permitting a deputy HSR to be elected;
- enable multiple employers and their employees to establish by agreement designated work groups to cover those employees who work for different employers;
- require a HSR to consult his or her employer in relation to attending an Occupational Health and Safety course at least 14 days before its commencement;
- prescribe that liability will arise in a situation where the dominant reason behind a health and safety complaint is based on discriminatory or threatening conduct;
- enable authorised representatives of registered employee organisations (“REO”) who hold a permit issued by the Magistrates Court to enter workplaces where it is reasonably suspected that a contravention of the Act has occurred;
- provide conditions in relation to a REO entering a workplace and prescribe that failure to comply with those conditions will result in certain penalties;
- clarify the power and authority of VWA inspectors, including the power to enter workplaces, the seizure of certain items and the power to issue notices;
- clarify the rights of persons affected by the authority of inspectors;
- prescribe a three year limitation period on the commencement of prosecutions for indictable offences under the proposed Act and provide for certain exemptions to this provision;
- prescribe that reviews of VWA Worksafe decisions would be heard exclusively by the Victorian Civil and Administrative Tribunal;
- prescribe that the officer liability provisions would be applicable to officers within the meaning of the Corporations Act 2001 No. 50 (Cth);
- introduce a range of maximum penalties individually related to each specific offence;
- increase the maximum fine for a breach of the general safety duties to $920,250 for corporations and $184,050 for individuals;
- create a new offence of “conduct endangering persons at a workplace” punishable by up to five years imprisonment in addition to a monetary fine;
- enable Courts to tailor penalties to suit individual offences and the situation of the offender, including the use of adverse publicity orders, health and safety undertakings and orders to carry out safety improvement projects; and
- provide certain transitional provisions.
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