Regulator News

Victorian news   
Dangerous Goods (Explosives) Regulations 2022 – public comment now open  
The public comment period for WorkSafe’s proposed Dangerous Goods (Explosives) Regulations 2022 will close at 5pm on Monday 21 March, 2022. These regulations, to be made under the Dangerous Goods Act 1985 (the DG Act), will help ensure the safety of people and property and reduce hazards associated with the manufacture, transport, storage, sale, use, disposal and import of explosives. They also prohibit the misuse of explosives, provide for the management of risks arising out of security concerns associated with explosives, and for the safe location of vessels containing explosives while in port. For more information or to make a submission visit Engage Victoria

Psychological Health Regulations 
A reminder that the proposed Occupational Health and Safety Amendment (Psychological Health) Regulations (proposed regulations) are out for public comment. There regulations contain a number of requirements that we, as unions, fully support. These include:

  • a duty on employers to identify psychosocial hazards and control the risk by first trying to eliminate them.
    Psychosocial hazards are defined as any factor/s in: 
    • the work design, or
    • the system of work, or
    • the management of work, or
    • the carrying out of work, or
    • personal or work-related interactions

      that may cause a worker to experience a negative psychological response that creates a risk to their health and safety. 
  • a duty to develop written prevention plans for certain psychological hazards. Those in the proposed regulations are:
    • aggression or violence;
    • bullying;
    • exposure to traumatic content or events;
    • high job demands; and
    • sexual harassment.
  • a duty to submit, in writing, a report detailing  'reportable complaints' (we don't like this term) - these are currently complaints involving aggression or violence; bullying; and sexual harassment  

Public comment on the regulations closes at 5pm, Thursday 31 March 2022. Find out more here.  Keep your eyes on SafetyNet, for material for HSRs so they can send in their views. 

New guidance - reminders
1 - On the Labour Hire amendments  
Three pieces of new guidance to support labour hire amendments in the Occupational Health and Safety and Other Legislation Amendment Act 2021 (the Act), which commences on 22 March 2022:

The guidance has been made available in advance of the amendments taking effect to allow time for duty holders to familiarise themselves with their new duties. WorkSafe is preparing additional material, including case studies, to support the labour hire amendments when they commence.  

2 - On Rapid Antigen Tests
WorkSafe has produced advice on the use of rapid antigen testing as one of a broader range of COVID-19 control measures that employers should consider as part of their obligations under the OHS Act. Read more here.

WorkSafe Awards Dinner  
A reminder that due to the number of COVID-19 infections still being relatively high, WorkSafe has postponed its Awards Dinner to April 21. It's a terrific night - particularly for the finalists of the HSR of the Year Award - and for their workmates, colleagues and for their union. More information and to buy tickets.

National news 
National Fatality Statistics 2022  
Safe Work Australia has not updated its statistics on fatalities since March 3, at which time it had been notified that 25 Australian workers had been killed at work this year. The fatalities have been in the following sectors:

  • 12 in Transport, postal & warehousing 
  • 6 in Agriculture, forestry & fishing
  • 2 in Electricity, gas, water & waste services
  • 2 in Public administration & safety
  • 2 in Construction
  • 1 in 'other services'

These figures are based mainly on initial media reports and provide a preliminary estimate of the number of people killed while working. Once the appropriate authority has investigated the death, more accurate information becomes available from which Safe Work Australia updates details of the incident, consequently sometimes the numbers of deaths in each sector change. To check for updates, and for more details on fatalities since 2003, go to the Safe Work Australia Preliminary worker deaths webpage. Updated information is used to publish Safe Work Australia’s annual Work-related Traumatic Injury Fatalities database which includes finalised work-related fatalities from 2003 onwards. Note that the figures are based on preliminary reports, and so at times will change.  

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