ThinkSafe vol. 1 no. 3 September 2019

SAFETY AND HEALTH IN THE WORKPLACE

VOL. 1 NO. 3 SEPTEMBER 2019

ISSN 2651-9577

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NEW WORKPLACE HEALTH AND SAFETY LAWS MAKING PROGRESS

KNOW YOUR HAZARDS: METHAMPHETAMINE IN THE WORKPLACE

CALENDAR OF EVENTS

CRAFTING WORLD LEADING REGULATION

Government of Western Australia

Department of Mines, Industry Regulation and Safety

Š State of Western Australia (Department of Mines, Industry Regulation and Safety) 2019

LIST OF CONTRIBUTORS (FROM DMIRS UNLESS OTHERWISE INDICATED)

ThinkSafe is published by the Department of Mines, Industry Regulation and Safety (DMIRS). It is distributed free of charge to industry and interested members of the public.

Judith Abbott

Reproduction of material from ThinkSafe for wider distribution is encouraged and may be carried out subject to appropriate acknowledgement. Contact the editor for further information.

Gillian Carter

Mention of proprietary products does not imply endorsement.

Iain Dainty

Andrew Ballam Stephen Best Priscilla Bignoux Tse Yin Chang Andrew Chaplyn Lizzie Craine Caroline De Vaney

Comments and contributions from readers are welcome, but the editor reserves the right to publish only those items that are considered to be constructive towards workplace safety and health.

Reader contributions and correspondence should be addressed to:

Amy Douglas-Martens

ThinkSafe Editor Department of Mines, Industry Regulation and Safety Locked Bag 100 EAST PERTH WA 6892

Su Ho

Enquiries: 08 9358 8153 Email: SafetyComms@dmirs.wa.gov.au This publication is available on request in other formats for people with special needs.

Government of Western Australia

Department of Mines, Industry Regulation and Safety

Peter Drygala Steve Emery Christina Folley Bruce Franzi Erin James Graham James

Darren Kavanagh, WorkSafe WA Commissioner Chris Kirwin Stephen Lane Craig Little Justine McGillivray Bill Mitchell Samira Mohamed Bec Moore Claudine Murphy Sally North Beau Pearson Martin Ralph Anj Sasi Lin Stain Tony Stephens Tracy Wynands

Fran Joubert

PHOTO ATTRIBUTION AB = Andrew Barker

TYC = Tse Yin Chang

The State of Western Australia supports and encourages the dissemination and exchange of its information. The copyright in this publication is licensed under a Creative Commons Attribution 4.0 International (CC BY) licence.

Safety Regulation Group Department of Mines, Industry Regulation and Safety Locked Bag 100 EAST PERTH WA 6892 Telephone: + 61 8 9358 8001 Email: SafetyComms@dmirs.wa.gov.au Website: www.dmirs.wa.gov.au

@DMIRS_WA

Department of Mines, Industry Regulation and Safety

www.dmp.wa.gov.au/subscribe

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Under this licence, with the exception of the Government of Western Australia Coat of Arms, the Department's logo, any material protected by a trademark or licence and where otherwise noted, you are free, without having to seek our permission, to use this publication in accordance with the licence terms.

We also request that you observe and retain any copyright or related notices that may accompany this material as part of the attribution. This is also a requirement of the Creative Commons Licences.

For more information on this licence, visit creativecommons.org/licenses/by/4.0/ legalcode

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IN THIS ISSUE

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Safe Work Month Building healthy and safe workplaces, together National Safe Work Month is held in October each year and encourages employers and workers to promote positive health and safety in the workplace.

In 2019, the Department is hosting a series of workshops, awards, information sessions and the annual mines safety roadshow.

These events are an opportunity to learn from collective experience and advance our safety and health knowledge.

Want to get involved?

FROM THE EDITOR

EVENT NEWS

2 New workplace health and safety laws making progress

12 Calendar of events

COMMISSIONER'S CORNER 3 Commissioner's corner

LEGISLATIVE AND LEGAL NEWS

SAFETY AND HEALTH ALERTS AND GUIDANCE

17 Recent amendments to the Occupational Safety and Health Regulations

4 Know your hazards: Methamphetamine in the workplace 6 Diesel emissions research now available 8 Mentally healthy workplaces online hub 9 New guidance for petroleum and geothermal energy operations 10 New guidance for storage and handling of dangerous goods 11 Latest safety alerts

14 What's been happening?

18 Amalgamation of the dangerous goods regulations

DEPARTMENT NEWS 20 Crafting world leading regulation 23 McLarty State Explosives Facility in Myalup officially opens 24 Smarter systems – better ways of operating

INDUSTRY NEWS 25 List of WorkSafe Plan recipients

See our Calendar of Events for more information on what is planned during October.

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FROM THE EDITOR

NEW WORKPLACE HEALTH AND SAFETY LAWS MAKING PROGRESS The task of modernising Western Australia’s Work Health and Safety laws is now into the final stretch. ...

Based on the national model Work Health and Safety (WHS) Act, the proposed Western Australian legislation will improve consistency with laws across Australia, and ensure that the same high standards of safety are applied across all workplaces.

Although the precise timeline for the introduction and promulgation of the draft legislation is subject to Parliamentary processes, another important milestone has been reached.

On 24 August 2019, Minister Bill Johnston announced the start of a three-month public consultation period for the proposed WHS Regulations which support the proposed WHS Act for Western Australia. This will give all Western Australians the opportunity to comment on the new provisions incorporated into the WHS legislation.

The consultation period will centre on the three distinct sets of new regulations developed to cover general workplaces, mining operations, and petroleum and geothermal energy operations throughout the State.

In addition, the comprehensive consultative package will include provisions for dangerous goods and major hazards facilities and proposed transition principles for moving workplaces from the existing legislative framework to the new legislation.

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There will also be an opportunity to comment on the final report from a review of the national model WHS Laws initiated by Safe Work Australia in 2018.

Submissions can address any aspect of the proposed legislation, including the likely impact in terms of cost and benefits on business, employees and the general community.

During the consultation period, the Department will be hosting a series of presentations in the metropolitan area and major regional centres aimed at providing information about the development and content of the new legislation, and encouraging participation. These will be supported by webinars intended for interested people unable to attend in person.

The feedback obtained by consulting widely, will play an important role in drafting the legislation coming before Parliament. The public consultation period closes on Tuesday, 26 November 2019.

Access to the full consultation package, including a cover sheet and submission instructions, is available on the Department’s website at www.dmirs.wa.gov.au/WHSregsreview

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COMMISSIONER'S CORNER

COMMISSIONER'S CORNER

It was recently my great pleasure to speak at the 2019 International Workers’ Memorial Day commemoration. This annual event is an international day of remembrance and action for workers killed, disabled, injured or made unwell by their work.

Each year, many Western Australian workers lose their lives or are seriously or permanently injured in the pursuit of earning a living. The Memorial Day is held for those who are unfortunate enough to experience the sadness and trauma of a workplace fatality. It also aims to remember those who have lost their lives and to ensure that their loss is more than just a statistic. It is important to remember that for each of those numbers, there is a story of loss for the mothers, fathers, sisters, brothers and mates, and for the fellow workers left behind.

I remember my mate Mark, who fell from a roof and will, for the rest of eternity, be 23 years old.

I remember my mate Pete, who fell from a collapsing steelwork, breaking legs and ankles and enduring years of pain and suffering.

I remember a 19-year-old called Andrew, who went to work and had his ability to walk taken away after an excavator bucket fell on him.

The International Workers’ Memorial Day is a time to remember the people who went to work and, in doing so, had their dreams, hopes for family and opportunity taken from them.

Every 21 days on average in Western Australia, a worker loses their life. Sadly, in 2016-17, more than 15,500 injuries were sustained that prevented workers from going to work the next day. Across Australia, there were 182 work-related deaths in 2016. Additionally, an increasing number of workers die from exposure to hazardous chemicals, silica and asbestos across Australia each year.

The Senate Inquiry report, They Never Came Home, highlighted to broader Australia the immense grief, pain, anger and trauma that industrial fatalities leave behind.

In 2018-19, there were 12 recorded fatalities at Western Australian workplaces. Many more workers worldwide lose their lives while earning a living, and that is not a true reflection of the cost to workers when they go to work each day.

The challenge of reducing work-related death is immense. Penalties were increased in 2018 up to $2.5 million for breaching the Occupational Safety and Health Act 1984. This is a significant increase in maximum penalties, and hopefully a significant deterrent. Western Australia is progressing the introduction of harmonised work health and safety laws, and this will bring with it a strong enforcement approach for those who fail to provide safe workplaces and subsequently cause harm to workers.

The 34 recommendations that resulted from the Senate Inquiry should help address the issues faced by Australian workers. I believe the recommendations should be actioned as soon as possible, at State and/or Federal level.

I’m hopeful that the changes I have mentioned will provide sufficient motivation and deterrence to stop the terrible toll of injury and death to workers. In the meantime, governments, regulators, employers, unions and workers need to find innovative ways to take the next steps to prevent the ultimate price from being paid by workers.

It is important to remember the people who lost their lives at work so their deaths are not just another statistic. They were Western Australian workers with families and friends who miss them and continue to mourn their loss.

I ask that you keep those people in your thoughts, not just on International Workers’ Memorial Day, but every day.

Darren Kavanagh WorkSafe WA Commissioner

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SAFETY AND HEALTH ALERTS AND GUIDANCE

KNOW YOUR HAZARDS: METHAMPHETAMINE IN THE WORKPLACE Employees or members of the public affected by methamphetamine consumption can pose a risk to themselves and others in the workplace.

A number of strategies should be adopted to mitigate these risks and prevent substance use in the workplace.

Workers impaired by methamphetamine can experience:

WORKPLACE RISK MANAGEMENT AND CONTROL MEASURES

•• •• •• •• •• ••

erratic and aggressive behaviour vomiting hallucinations and paranoia poor judgement sweating and fevers agitation and anxiety.

WORKPLACE RISKS Impaired performance, inappropriate behaviour and violence and aggression are risks in the workplace that may be associated with methamphetamine use.

Drug consumption and reactions will affect people differently and risks vary for each individual.

Workplace factors that could increase the likelihood of drug use include: •• availability of methamphetamine and other drugs •• workplace isolation •• long work hours (and associated risks such as fatigue) •• inadequate supervision, training or job suitability •• workplace culture.

External use factors can include: •• •• •• ••

addiction mental health issues social and community environment family or relationship issues.

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Each workplace should conduct a risk assessment on factors that have the potential to cause drugrelated issues, in consultation with workers including safety and health representatives. By focussing on the source of the risk, you can manage workplace safety in an effective manner. Implementing management and control measures to then remove or reduce these risks is part of the process.

The varying factors and extent of drug consumption, the nature of the industry and the size and resources of the employer will affect the recommended controls used.

Some examples For the risk of worker isolation, employers can establish support networks, encourage social interaction internally and outside of the workplace, and establish communication channels with existing employee assistance programs (EAP) or appropriately qualified personnel.

Employers can also monitor for impairment by training supervisors in how to identify the signs and symptoms of substance use and ensuring they know how to manage any risks. Providing education and training to employees on drug and alcohol risks, and also ensuring that employees are educated and well informed on workplace policies and procedures is a good start.

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SAFETY AND HEALTH ALERTS AND GUIDANCE

Supporting rehabilitation by providing information about EAPs, external resources and educational material. Managing return to work programs with positive support and arranging suitable work arrangements.

•• fitness for work policy and procedures, including drug and alcohol misuse policy and procedures •• employee awareness and education program/s.

Minimising work impact can be varied in each circumstance, but some control measures include:

Access to an EAP or appropriately qualified personnel is also recommended.

•• eliminating excessive isolation demands from activities •• considering work or task rotations •• redesigning the activity to require a combination of mental and physical tasks •• ensuring rest periods are used •• eliminating the need for long shifts to be worked •• designing spaces used by the public to include security controls •• providing information and training to staff who work with at-risk members of the public •• implementing a workplace policy stating action will be taken to protect workers from violence and aggression.

Employees affected by methamphetamine consumption can pose a risk to themselves and others in the workplace. It is a serious and complex issue, but there are resources available to help employers and employees tackle this issue.

Monitor employees for fatigue and sleep deprivation, consider these factors when rostering and arranging shifts, and identify and address interpersonal issues.

RESPONDING TO CHALLENGING SITUATIONS There are strategies and resources available to help employers manage risk in the workplace when drug use is a concern.

The principles are: •• safety is paramount •• manage the situation and avoid provocation •• recognise when de-escalation techniques have not worked and seek police assistance immediately.

Further information is available at Cracks in the Ice Responding to Challenging Situations.

All workplaces should have:

HELPFUL RESOURCES If you need emergency support call: •• 000 for the police or an ambulance •• Lifeline on 13 11 14 •• National Alcohol and Other Drug Hotline on 1800 250 015.

Cracks in the Ice is a Department of Health website providing evidence-based information and tools for the community.

Counselling Online offers free and confidential counselling for people using drugs, their families and friends.

Positive Choices is an online portal to help communities access accurate, up-to-date drug education and prevention programs.

See also: •• National Centre for Education and Training on Addiction ‘Ice’ and the workplace, 2015 •• WorkSafe Victoria, a handbook for the earth resources industry – Management of alcohol and drugs in mines.

For a more extensive list, visit when and where do I get help?

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SAFETY AND HEALTH ALERTS AND GUIDANCE

DIESEL EMISSIONS RESEARCH NOW AVAILABLE

In 2016, the Mining Industry Advisory Committee (MIAC) commissioned two research projects into the physico-chemical properties of nano diesel particulate matter (nDPM) in underground mines and the potential health effects on workers from exposure.

In July 2019, Chair of MIAC, Director Mines Safety Andrew Chaplyn, announced the completion of the two research projects. The results of the research projects into nDPM were outlined at an information session hosted by the Department.

“Diesel engine exhaust (DEE) is a known hazard for mining operations, especially in underground mines where widespread use of diesel vehicles and equipment means control at source, and providing appropriate ventilation is critical to ensure worker health and safety,” Mr Chaplyn said.

“Now that the research has been finalised, MIAC will consider the findings and make recommendations to Minister Bill Johnston.”

The Department and the Mineral Research Institute of Western Australia (MRIWA) co-funded the first research project which focussed on evaluating the physico-chemical aspects of DEE.

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The Department also funded the second research project into the possible health impacts of DEE exposures. Twenty above-ground and 80 underground miners underwent a series of health screening tests and were fitted with personal exposure monitoring equipment to investigate whether their work exposures had an effect on their health status. The findings from this research is undergoing peer review prior to publication in academic journals.

Curtin University, the ChemCentre and The University of Western Australian conducted the research in collaboration with the Department and MRIWA. “The research reinforces the Department's guidelines on DEE, which highlight the importance of monitoring diesel emissions and implementing control measures to make the environment suitable for workers,” Mr Chaplyn said.

“This includes focussing on the fuel and combustion efficiency of on-site diesel engines, implementation and maintenance of effective engine filtration systems, adopting good ventilation design standards and regular employee training to promote the importance of minimising emissions and controlling worker exposures.

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SAFETY AND HEALTH ALERTS AND GUIDANCE

“DIESEL ENGINE EXHAUST (DEE) IS A KNOWN HAZARD FOR MINING OPERATIONS, ESPECIALLY IN UNDERGROUND MINES WHERE WIDESPREAD USE OF DIESEL VEHICLES AND EQUIPMENT MEANS CONTROL AT SOURCE, AND PROVIDING APPROPRIATE VENTILATION IS CRITICAL TO ENSURE WORKER HEALTH AND SAFETY." ANDREW CHAPLYN, DIRECTOR MINES SAFETY

“The Department recommends mining operators consider technological advancements in monitoring nanoparticles and emerging epidemiological studies when developing their long-term management strategies.”

Applying the principles contained in the MIACendorsed guideline on Management of diesel emissions in Western Australian mining operations will assist mining operators to act proactively and promote a safe and healthy work environment.

Mines inspectors continue to conduct research on underground working environments in order to minimise worker exposures to a range of potentially harmful agents, including DEE. “Previously the inspectorate focussed on evaluating DEE concentrations in underground mines in the Goldfields, and in 2018 a similar campaign commenced, specifically targeting nanoparticles in underground mines in the Murchison district,” he said.

A copy of the consolidated report on the physicochemical aspects of DEE is available at the Department's website. Also available is a literature review of recent research findings relevant to worker exposure to DEE, with a specific focus on newer engine and after-treatment technologies.

ABOUT MIAC MIAC advises and makes recommendations to the Minister and the Commission for Occupational Safety and Health on occupational safety and health matters concerning the mining industry.

Find out more about MIAC

“The diesel particulate research reinforces the importance of managing DEE, and will assist mining operators develop emission exposure controls and long-term health management strategies.”

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SAFETY AND HEALTH ALERTS AND GUIDANCE

MENTALLY HEALTHY WORKPLACES ONLINE HUB The Department recently released a mentally healthy workplaces online hub with resources for both workers and management. ...

The new online hub aims to promote and support mentally healthy workplaces by educating management and workers on psychosocial hazards and risk factors in the workplace.

Topics include work arrangements, community engagement, accommodation arrangements and promoting interaction with remote and regional communities.

Mentally healthy workplaces require collaboration between management and the workforce to promote the health, safety and wellbeing of all.

Resources for workers includes information on psychosocial hazards, employer and worker responsibilities, issue resolution procedures, useful contacts and support networks for families.

The management section focuses on practical strategies to develop and maintain mentally healthy workplaces, including the importance of understanding psychosocial hazards and risk factors, demonstrating leadership commitment, and developing supportive and capable management and supervision. A risk-management approach is described, with a variety of tools and resources presented that organisations may wish to use.

In collaboration with subject matter experts and the Mental Health Strategies Working Group, the Department has produced additional resources covering aspects for developing mentally healthy workplaces that are not directly safety-related, but can contribute to a holistic approach.

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In addition, the Department is creating a series of videos on topics such as addressing workplace stigma, safe systems of work for psychosocial hazards and risk factors, leading a mentally healthy workplace, and preventing inappropriate and unreasonable workplace behaviour.

In the coming months, the Department will be rolling out podcasts, information sheets and checklists to help implement strategies for mentally healthy workplaces.

To access the wide range of resources on mentally healthy workplaces, visit the Department’s website.

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SAFETY AND HEALTH ALERTS AND GUIDANCE

NEW GUIDANCE FOR PETROLEUM AND GEOTHERMAL ENERGY OPERATIONS A key area of responsibility for the Department is the ongoing administration of risk management and safety requirements for petroleum and geothermal energy resources in Western Australia. This includes onshore and offshore facilities, pipelines and related diving activities within Western Australia waters.

To this end, the Department has developed a suite of new guides covering the petroleum safety legislation. The aim of the guides is to provide industry with information to assist with the development of the relevant safety documentation required by the legislation.

A total of 16 guides have been developed under the Petroleum (Submerged Lands) Act 1982, Petroleum and Geothermal Energy Resources Act 1967 and Petroleum Pipelines Act 1969. Five primary guides cover the safety cases and safety management systems required by specific regulations.

• Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007 – Guide for development and submission of an offshore facility safety case • Petroleum (Submerged Lands) (Pipelines) Regulations 2007 – Guide for development and submission of a pipeline management plan • Petroleum (Submerged Lands) (Diving Safety) Regulations 2007 – Guide for development and submission of a diving safety management system • Petroleum and Geothermal Energy Resources (Management of Safety) Regulations 2010 – Guide for the development and submission of a safety management system

• Petroleum Pipelines (Management of Safety of Pipeline Operations) Regulations 2010 – Guide for development and submission of a safety case A further 11 supporting guides expand on the key elements required to meet the safety documentation requirements of the legislation.

• • • • • •

• • • • •

ALARP demonstration Audits, review and continual improvement Bridging documents and simultaneous operations Emergency response plans Hazard identification Major accident events, control measures and performance standards (including bowtie diagrams) Involvement of the workforce Management of change Records management including document control Reporting of accidents, incidents and dangerous occurrences Risk assessment and management.

It is expected that these guides will be available on the Department’s website from early November 2019.

Sign up for the Department’s resources safety news alert to be notified when the guides become available.

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SAFETY AND HEALTH ALERTS AND GUIDANCE

NEW GUIDANCE FOR STORAGE AND HANDLING OF DANGEROUS GOODS Following consultation with industry, the Department has released a new guide developed for the storage and handling of non-explosive dangerous goods in Western Australia.

This guide provides practical guidance on how to comply with the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 (DG Regulations), for persons who manufacture, import, supply, store or handle dangerous goods and all persons at dangerous goods sites.

A key focus of the Dangerous Goods Safety Act 2004 is the duty to minimise risk from dangerous goods. The duty to minimise risk not only applies to employers and employees, but to all persons, including members of the public. This duty is placed on everyone involved with dangerous goods and goes beyond the workplace duties of the Occupational Safety and Health Act 1984 and the Mines Safety and Inspection Act 1994.

The guide applies to substances, mixtures and articles which are defined as dangerous goods in the DG Regulations.

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The new Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 – guide is available to download from the Department’s website.

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SAFETY AND HEALTH ALERTS AND GUIDANCE

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MINES SAFETY

Significant incident reports SIR No. 275 Electrician received 1000V electric shock and burns SIR No. 276 Fall from height after failure of retractable type lanyard SIR No. 277 Haul truck over open pit wall edge – fatal accident

Safety bulletins MSB No. 164 Wheels detaching from graders MSB No. 165 Safe access to high voltage powerline corridors MSB No. 166 Buried electrical cables and ground excavation permit procedures

WORKSAFE Safety alert 02/2019 Second quad bike related fatality on a WA farm in four months Safety alert 03/2019 Second fatal incident involving a bogged vehicle

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EVENT NEWS

CALENDAR OF EVENTS

OCTOBER

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WORK HEALTH AND SAFETY EXCELLENCE AWARDS 2 October, Optus Stadium Perth www.dmp.wa.gov.au/events

MINES SAFETY ROADSHOW 2 October, Kalgoorlie 3 October, Leonora 8 October, Newman 9 October, Cloudbreak 11 October, Tom Price 15 October, Karratha 16 October, Port Hedland 22 or 23 October, Bunbury 25 October, Mandurah 29 October, Geraldton 31 October or 1 November, Perth www.dmp.wa.gov.au/events

PERTH SAFETY SYMPOSIUM 4 October, Perth www.aihs.org.au/events/perth-safety-symposium-0

SAFE WORK MONTH WORKSHOPS Meditation in the workplace, 7 October, East Perth Embracing work-life balance, 10 October, East Perth Armed holdups and violence in the retail sector, 15 October, East Perth Isolation of plant, 16 October, Munster WMSD prevention and management framework, 17 October, East Perth Safety and health representative forum, 22 October, East Perth Crystalline silica and silicosis, 24 October, East Perth Plant in the workplace, 28 October, Belmont Public sector safety and health representative forum, 29 October, East Perth www.commerce.wa.gov.au/worksafe/events

NOVEMBER

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ALBANY AGRICULTURAL SHOW 8-9 November, Albany www.albanyshow.org.au

2019 ASBESTOS SAFETY CONFERENCE 11-13 November, Perth Convention Centre, Perth www.asbestossafety.gov.au/events/ asbestosconference2019 Event dates are provisional and subject to confirmation. The events listed are either presented by the Department or involve Departmental staff as presenters or exhibitors.

MINING EMERGENCY RESPONSE COMPETITION (MERC) 22-24 November, Langley Park, East Perth www.themerc.com.au

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Registrations now open for the 2019 Mines Safety Roadshow The 2019 Mines Safety Roadshow is an interactive event encouraging engagement and the exchange of ideas.

This year's event is the fifteenth in an annual series and focuses on building healthy and safe workplaces, including myths about noise, hazard identification and investigations. The program will also showcase a new safety video on a retrospective look at how we assess a job and why we make the decisions we make, as well as the Mentally healthy workplaces for fly-in fly-out workers in the resources and construction sectors – code of practice.

The roashows are free, however we encourage you to register in advance to secure a place.

More information or to register online visit www.dmp.wa.gov.au/events

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EVENT NEWS

WHAT'S BEEN HAPPENING? EXPLORATION INFORMATION SESSIONS During May, Mines Safety held three exploration safety information sessions in Perth, Kalgoorlie and Newman. With over 150 attendees across the three events, presentations covered a range of topics, including the expectations of the regulator in relation to exploration safety, how to promote best practice in the exploration sector, an exploration safety incident case study and an industry perspective from the Australian Drilling Industry Association CEO Peter Hall, on drilling safety basics.

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To assist industry to take learnings from the information sessions back to their sites, the Department has released the following toolbox presentations and information sheet:

(From left) Australian Drilling Industry Association CEO, Peter Hall; and Inspectors of Mines, Waeel Ilahi and Narelle McMahon

• Key positions of responsibilities for exploration not under control of a Registered Manager – information sheet • Setting the scene: Duties of care and expectations from the inspectorate • Best practice: drilling safety basics – an industry perspective • Significant incident report case study and workshop

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DEMOLITION LICENCE HOLDERS FORUM The low down on demolition In July and August, WorkSafe officers together with Dial before You Dig and the Department of Health, held information sessions in Kalgoorlie, Bunbury, Albany and Perth for licenced demolition holders. The information sessions focussed on Deparment's Demolition licence holder audit process, general licence holder responsibilities and the requirement to comply with Australian Standard AS 2601 Demolition of structures. Dial before you Dig reminded

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participants of the importance of prompt identification of underground and overhead services and the timely disconnection of utility services when it comes to demolitions. The Department of Health ROAD TO REUSE project and the ease with which a recycling project can be derailed if incorrect asbestos management occurs during the demolition process was also covered in the sessions.

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EVENT NEWS

HEALTH AND HYGIENE FORUM In June 2019, the Department outlined its commitment to an increased focus on chronic exposure to agents that lead to adverse impacts upon health. Registered managers, project managers, safety and health representatives, ventilation officers and those who have health functions and responsibilities were encouraged to attend, with over 200 industry members participating on the day.

The information session: • explained the source and magnitude of exposure to agents in the mining workplace • discussed potential health hazards at mine site • provided information on how to design and implement an effective health and hygiene management plan.

Want to know more?

Toolbox presentations from the event are now available.

• Developing mentally healthy workplaces – what do they look like?

• Health and hygiene management plans (HHMPs) – the hows and whys • Health and hygiene: Introduction and setting the scene • History of health surveillance and monitoring • Trends, trouble spots and success stories: asbestos and other fibrous minerals • Trends, trouble spots and success stories: noise • What the data tells us about silica

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(Front row) Inspectors of Mines, Lindy Nield, Quinn Kearney and Jessica Gonsalves (Back row) State Mining Engineer, Andrew Chaplyn; Inspectors of Mines, Paul Foley and Amy Douglas-Martens; and Regional Inspector of Mines, Martin Ralph

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EVENT NEWS

REGISTERED MANAGERS FORUM In August, the Department held the fifth annual Registered Managers Forum. This invitation only event welcomed Registered Managers, Quarry Managers, Underground Managers and Alternates.

“Where are we going – regulating the mining industry in the future”, was the event focus with guest speaker Dr Garry Claxton, Senior Lecturer, Curtin University.

The forum included a question and answer panel with Minister Bill Johnston, the Department's senior executives including the Director General, Deputy Director General Safety and the State Mining Engineer.

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(From left) State Mining Engineer, Andrew Chaplyn; Minister Bill Johnston; Director General, David Smith; and Deputy Director General Safety, Ian Munns

The forum was an opportunity for Registered Managers to network with peers, engage with inspectors of mines and ask the Minister and the Department's senior executives questions that impact their operations.

Presentations will be available on the website shortly. To be notified when they are available sign up for the news alert.

• Setting the scene with the State Mining Engineer • Tailings storage facilities, pit wall failures and sink holes • Regulating the mining industry in the future • Safety Regulation System (SRS) Business Intelligence update

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Andrew Chaplyn with Senior Lecturer, Curtin University, Dr Garry Claxton; and Regional Inspector of Mines, Martin Ralph

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LEGISLATIVE AND LEGAL NEWS

RECENT AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH REGULATIONS Provisions in the Occupational Safety and Health Regulations 1996 relating to commercial driver medical standards, fatigue management for taxis and lead levels have been recently amended. ...

In May 2019, amendments were made to regulation 3.131 of the Occupational Safety and Health Regulations 1996 (OSH Regulations). These amendments updated the requirement for all fitness to drive examinations to now be conducted in accordance with the latest edition of the Austroads guide, Assessing Fitness to Drive, published in 2016 and revised in 2017. Additionally, the amendments require commercial drivers to obtain a fitness to drive certificate from a medical practitioner not more than five years prior to driving. This requirement was previously three years.

These two amendments bring the regulations in line with updated medical standards for commercial driver licensing used by health professionals and licensing authorities.

In June 2019, regulation 3.130(a) was amended to redefine the meaning of commercial vehicle. Having been previously defined as an omnibus within the meaning of the Transport Co-ordination Act 1966, the new Part (a) now reads, “a passenger transport vehicle as defined by the Transport (Road Passenger Services) Act 2018 section 4(1)”. Parts (b), (c) and (d) of the definition remain unchanged.

This change means that all people who drive a vehicle for the purpose of transporting passengers for hire or reward, including taxis, will now fall under the fatigue management and medical fitness provisions of the OSH Regulations.

The Department has the following guidance material available to assist newly-affected drivers and employers with the transition: • Fatigue management for commercial vehicle drivers • Fitness to drive for commercial vehicle drivers FAQs • Fatigue management for commercial drivers Code of Practice

Ongoing research into the health impacts of lead has resulted in further changes to the OSH Regulations.

Approved amendments to blood lead level thresholds for removal of workers outlined in regulations 5.53 and 5.63(1)(a) will come into effect on 1 October 2019. Some interim changes have already taken effect from 19 October 2018.

A “lead-risk job” will be defined as conducting work in a lead process that is likely to cause the blood level of a worker to exceed the following:

Before 1 October 2019 • in the case of females of reproductive capacity, at least 20 micrograms per decilitre (µg/dL); and • in any other case, at least 30 µg/dL.

From 1 October 2019 • in the case of females of reproductive capacity, at least 5 micrograms per decilitre (µg/dL); and • in any other case, at least 20 µg/dL. An employer must ensure that an employee is moved from a lead-risk job if that employee’s blood level is at or above the following:

Before 1 October 2019 • in the case of females of reproductive capacity, at least 20 µg/dL (was 30 µg/dL prior to 19 October 2018); and • in any other case, at least 50 µg/dL.

From 1 October 2019 • in the case of females of reproductive capacity, at least 10 µg/dL; and • in any other case, at least 30 µg/dL. The existing requirement for all women who are breast feeding or pregnant to be removed from leadrisk work will remain unchanged.

Further information on these amendments, or any other aspect of the OSH Regulations, can be obtained by calling 1300 307 877 or at wscallcentre@dmirs.wa.gov.au ThinkSafe vol. 1 no. 3 September 2019 |

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LEGISLATIVE AND LEGAL NEWS

AMALGAMATION OF THE DANGEROUS GOODS REGULATIONS The Department has embarked on a dangerous goods legislative project that will take most of 2020 to complete. It is the most significant dangerous goods legislative project since the proclamation of the Dangerous Goods Safety Act 2004 on 1 March 2008. ...

The aim is to amalgamate the following six sets of dangerous goods regulations into one new Dangerous Goods Safety Regulations 2020: • Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 • Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 • Dangerous Goods Safety (Explosives) Regulations 2007 • Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007 • Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 • Dangerous Goods Safety (General) Regulations 2007 This will reduce the regulatory red tape for industry and encourage compliance by: • reducing the complexity and volume of regulations by harmonising all security and many safety policies and duties for operators, manufacturers and importers of dangerous goods • replacing poorly targeted regulation in favour of risk-based regulations • removing detailed and prescriptive regulations in favour of the modern industry-developed approved codes of practice approach to regulating • correcting errors, omissions, technical matters and enhancing clarity • introducing a single combination licence for all non-occupational dangerous goods licences to reduce the workload of multiple licences.

Many parts of this project, including the single licence initiative and the repeal of the Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007, have already received the Minister’s approval. Other parts will be submitted for approval when drafting instructions have been developed.

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WHAT WILL BE CONSOLIDATED? It is expected that the volume of regulations will shrink substantially. There are common elements among the six sets of regulations that will benefit from consolidation and harmonisation.

One element will be the harmonisation of the security policies between explosives and explosive precursors (i.e. security sensitive ammonium nitrate [SSAN]) resulting in the repeal of the current SSAN Regulations.

Not all of the matters to be consolidated have been identified at this stage, but are likely to include: • all licensing requirements • security of explosives and SSANs • a single provision for reporting dangerous goods accidents, incidents and dangerous situations • duties of manufacturers and importers to classify dangerous goods, ensure the integrity and labelling of dangerous goods packaging, and the provision of Safety Data Sheets and Technical Data Sheets (for explosives only) • placarding of dangerous goods facilities • emergency management and provision for emergency plans • a single set of all common definitions under “terms used” • risk control measures for dangerous goods and explosives sites • risk assessments • duties of persons at a dangerous goods/ explosives site.

This consolidation project is supported by recommendations and industry consultations that were undertaken by the Ministerial Advisory Panel as part of its work on modernising WHS law in Western Australia. The project is likely to take all of 2020 to complete and further consultations will occur as appropriate.

HAVE YOUR SAY

New Work Health and Safety Regulations The Department is seeking your comments regarding the regulations that will support the proposed Work Health and Safety Act for Western Australia.

The complete consultation package is available from the Department's website.

Public consultation period ends 26 November 2019

For further information visit

www.dmirs.wa.gov.au/WHSregsreview

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DEPARTMENT NEWS

CRAFTING WORLD LEADING REGULATION In our pursuit of delivering world-leading regulation to our stakeholders, the Department is committed to ensuring all staff have the skills, knowledge, qualifications and professional development necessary for consistent delivery of high-quality regulatory services. ...

GENERATING PUBLIC VALUE THROUGH RISK-BASED REGULATION In April 2019, Harvard academic and internationally recognised expert on risk-based regulation design, Professor Malcolm Sparrow gave a series of presentations on “Generating public value through risk-based regulation”.

The Institute of Public Administration Australia (WA) provided secretarial support and publicity for the lecture, which was pivotal in generating significant interest from across the public sector, with approximately 700 attendees.

Professor Sparrow presented at a breakfast meeting for public sector leaders, in collaboration with the Public Sector Commission and Department of Premier and Cabinet. He delivered a three-part lecture and workshop for Department staff and other agencies. He also spoke at an industry sundowner.

Workshops were attended by over 200 Department staff and 60 staff from other agencies. Feedback indicated the workshops were relevant to the work being undertaken for regulatory reform. The workshops helped participants identify and understand some of the opportunities and challenges they will face as they progress their program of works, and apply the Sparrow learnings to planning and delivering regulatory activities.

Organised by DMIRS Director General David Smith with representatives from the Department’s Regulatory Support and Strategic Business Innovation branches, the event supported the Government’s regulatory reform agenda, including the Streamline WA initiative.

Importantly, pre and post-event surveys indicate significant shifts to a better understanding of the topics covered in the lecture.

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(From left) Director General DMIRS, David Smith; Minister for Mines and Petroleum, Bill Johnston; and Professor Malcolm Sparrow

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Public sector employees attended the lecture

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DEPARTMENT NEWS

INAUGURAL WORKSAFE INSPECTORS FORUM The inaugural WorkSafe Inspectors Forum was held in June. The forum provided an opportunity for inspectors to hear from senior leaders about strategic issues in relation to the Occupational Safety and Health Regulations 1996 (the OSH Regulations) and compliance, as well as to learn more about other parts of the Department, and about some specific OSH issues.

The Minister, the Director General, the Deputy Director General and the WorkSafe WA Commissioner answered questions from the inspectorate. These were around change management processes, how to assess the success of changes, and the approach taken in developing the new workplace health and safety (WHS) laws for WA.

Inspectors heard from Minister Bill Johnston, who spoke of the Government’s intention to modernise the OSH regulatory framework, and also the recently released Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors code of practice. The Minister noted that this Code could be referenced by general industries as well as the FIFO industries, and that supporting guidance material is being developed to further assist in building mentally healthy workplaces.

The audience heard from Risk and Compliance, Mines Safety, and Dangerous Goods and Critical Risks. These presentations help inspectors gain a deeper knowledge of work occurring in other parts of the Department, and the possible synergies of that work.

WorkSafe WA Commissioner Darren Kavanagh and Deputy Director General Safety Ian Munns presented jointly, explaining how they work together where possible, while maintaining the independent role of the Commissioner in advising the Minister and making decisions.

There were also opportunities to learn more about specific OSH issues, including the progress towards new WHS legislation, legal aspects of notice writing, mentally healthy workplaces, silica, workplace electrical safety and common factors in recent serious incidents.

As the inspectorate has both metropolitan and regional staff, and most inspectors are mainly working outside the office, it was a great opportunity to all get together for development and networking. The plan is to continue on a regular basis.

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Left to right (sitting) Deputy Director General Safety, Ian Munns; WorkSafe WA Commissioner, Darren Kavanagh; Minister Bill Johnston, Director General, David Smith; and Director WorkSafe Service Industries and Specialists, Sally North; with inspectors and other Department staff at the forum

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DEPARTMENT NEWS

CELEBRATING SUCCESS IN MINES SAFETY In early September, Mines Safety held its biannual inspectors forum. The forum was attended by the State Mining Engineer, all Mines Safety inspectors and a group of WorkSafe inspectors. Presentations were delivered on a range of topics aimed at improving consistency across the directorate.

The importance of the inspectorate supporting industry in developing and maintaining mentally healthy workplaces, and initiatives such as R U OK Day was discussed. A presentation from WorkSafe inspectors covered the hazards associated with stone benchtops and silica in general industries.

Highlights from the two-day event included an insight into recent international tailings storage facility and pit wall failures, and how these learnings can be applied locally. Findings from the recent gold rooms inspection campaign was shared with the audience, along with an update on proposed work health and safety legislation in WA.

New inspectors were welcomed. Inspectors network with their colleagues throughout the year, however these forums provide indepth information on current and emerging issues. With the knowledge gained from other disciplines, they are more likely to recognise hazards and refer them to the relevant team.

AB

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DEPARTMENT NEWS

MCLARTY STATE EXPLOSIVES FACILITY IN MYALUP OFFICIALLY OPENS The State Government is pleased to announce the McLarty State Explosives Facility is open for business.

Minister Bill Johnston officially opened the new facility in Myalup in April.

There are 36 explosives storage and manufacturing sites at the new facility and, so far, 21 sites have been leased and one is managed by the Department, with construction underway at all sites.

A further 12 sites have strong commitments for development and two remain unallocated.

The facility replaces the Baldivis Explosives Reserve, which is expected to be handed back to LandCorp once demolition of the old buildings is complete.

Explosives storage facilities are important infrastructure for the State’s mining sector.

They provide highly secure areas and suitable locations for the storage and manufacture of packaged explosives, including fireworks.

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(From left) Manager Dangerous Goods, Iain Dainty; Director General, David Smith; Minister Bill Johnston; Deputy Director General Safety, Ian Munns; Member for Murray-Wellington, Robyn Clarke MLA; and Explosives Reserve Officers Lou Tolomei and Richard Carter

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DEPARTMENT NEWS

SMARTER SYSTEMS – BETTER WAYS OF OPERATING RECENT SAFETY REGULATION SYSTEM ENHANCEMENTS The Department has released a number of new enhancements to its Safety Regulation System (SRS) for the resources sector. There are two significant enhancements.

• A suite of 17 business intelligence reports available to mining operators. These provide mining operators with an overview of their own safety and health compliance-related data in real-time, and provide industry with the ability to see comparative safety information for benchmarking against peers.

• An online application portal where a company may: – seek an exemption from a specific requirement of the Mines Safety and Inspection Regulations 1995 – apply for approval to operate a quarry without a quarry manager – apply for an exemption from the appointment of a ventilation officer.

This provides industry with an electronic holistic view of their existing and historic agreements and exemptions, allowing them to proactively manage these.

The enhancements are part of the Department’s Towards 2020 regulatory strategy. They support the Department’s commitment to work with industry to drive data-driven decisions and advance our collective safety and health knowledge, as well as using digital technologies to improve the customer and staff experience.

Registered Managers will have access to the reports, along with other industry users who have the appropriate security access. Exemptions and agreements are accessible to mine-specific industry users with the appropriate security access.

To assist industry with accessing and understanding the new business intelligence reports and the exemptions and agreements, instructional videos are available on the Department’s website.

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NEW DANGEROUS GOODS TRANSPORT SAFETY WEBINAR SERIES The Department is committed to engaging with all its stakeholders across the State. In an effort to reach our regional and remote areas, the Department ran a series of webinars on dangerous goods transport.

The webinars focussed on understanding the risks of dangerous goods for individuals and companies, fatigue management, regulatory responsibilities and learnings from past incidents. All webinars included a question and answer session, for industry to get insights from the experts.

The webinars, a new engagement tool used by the Department, were well attended by stakeholders from industry and other government regulators.

The question and answer sessions challenged our presenters and provided some good discussions, particularly around ways to reduce the risk of dangerous goods.

The recorded webinars will be available soon on the Department’s website.

• Session one – Risk and reward looks at how industry can apply learnings from research and real-life incidents to dangerous goods transport.

• Session two – Fatigue management planning framework highlights the importance of planning in mitigating potential risks for personnel.

• Session three – Sleep science and fatigue management discusses the different sleep stages and how these can impact general health and wellbeing, reasons for sleep restriction and what the outcomes can be on an individual’s health and safety.

• Session four – An overview of the Nanutarra LNG incident investigation, including the sequence of events involved with the vehicle collision and subsequent release of LNG. Subscribe to the Department’s resources safety news alert.

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INDUSTRY NEWS

LIST OF WORKSAFE PLAN RECIPIENTS The Department is pleased to announce the latest WorkSafe Plan recipients in the Platinum, Gold and Silver categories.

Employers and workers from each of these companies or organisations have demonstrated a strong commitment to making occupational safety and health a priority in their workplace.

For more information on the WorkSafe Plan assessment process, please email worksafeplan@dmirs. wa.gov.au or visit the Department's WorkSafe Plan webpage.

CONGRATULATIONS TO WORKSAFE PLAN PLATINUM CERTIFICATE ACHIEVERS

CONGRATULATIONS TO WORKSAFE PLAN SILVER CERTIFICATE ACHIEVERS

Cable Beach Club Resort and Spa Envar Group of Companies Excel Robotics Fremantle Commercial Diving LandCorp Powerlines Plus Pty Ltd Transdev WA Pty Ltd, CATs Contract Transdev WA Pty Ltd, Fremantle Contract Transdev WA Pty Ltd, Joondalup/ Wangara Contract • Transdev WA Pty Ltd, Rockingham/ Mandurah Contract

• • • • • • •

• • • • • • • • •

Aurora Environmental Pty Ltd Geoff's Tree Services Pty Ltd GreenSteam Australia Pty Ltd Lochness Landscape Services Mental Health Commission Murdoch University Prestige Alarms & Security Pty Ltd

CONGRATULATIONS TO WORKSAFE PLAN GOLD CERTIFICATE ACHIEVERS • Adams Facility Services • Cossill & Webley • Department of Training and Workforce Development • Merit Consulting Group • SOS Enterprises Pty Ltd

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Top photo: (From left) James Piantta; Vice Chancellor Murdoch University, Professor Eeva Leinonen, and WorkSafe WA Commissioner, Darren Kavanagh Bottom photo: Representatives from Aurora Environment Pty Ltd receiving the certificate from WorkSafe WA Commissioner, Darren Kavanagh (third from left)

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SAFETY REGULATION GROUP Department of Mines, Industry Regulation and Safety Postal address: Locked Bag 100 EAST PERTH WA 6892

MINES SAFETY

WORKSAFE

including exploration, mining and mineral processing

for general industries

Telephone: 1800 SAFEMINE (1800 723 364) (general enquiries, mines safety reporting and safety and health representatives) Email: MinesSafety@dmirs.wa.gov.au (general enquiries) mineshreps@dmirs.wa.gov.au (safety and health representatives)

Telephone: 1300 307 877 (general enquiries) 1300 424 091 (licensing) 1800 678 198 (24 hours serious incident and fatality reporting) Email: WorkSafeCallCentre@dmirs.wa.gov.au (general enquiries)

DANGEROUS GOODS SAFETY

Mason Bird Building, Level 1, 303 Sevenoaks Street, Cannington WA 6107

including explosives and fireworks

WORKSAFE LIBRARY

Telephone: +61 8 6251 2300 MINE PLANS Email: dgsb@dmirs.wa.gov.au Telephone: 1800 SAFEMINE (1800 723 364) (dangerous goods safety enquiries) Email: rsdmineplans@dmirs.wa.gov.au cso@dmirs.wa.gov.au (dangerous goods licensing enquiries)

PETROLEUM SAFETY including pipelines and operations, major hazard facilities and geothermal energy Telephone: +61 8 9358 8001

SAFETY REGULATION SYSTEM (SRS)

Telephone: +61 8 9358 8001 (select option 3) Email: SRSManager@dmirs.wa.gov.au

SAFETY COMMUNICATIONS including publications and events Telephone: +61 8 9358 8154 Email: SafetyComms@dmirs.wa.gov.au

Department of Mines, Industry Regulation and Safety

RSDSep19_1030

@DMIRS_WA