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					                                                                            November 2007

  The Office of Regulatory Services monthly electronic news bulletin

Keeping the Community Up-to-Date                                       www.ors.act.gov.au

This Issue:

Office of Regulatory Services                                 WorkCover cont...
• Message from the Executive Director                        • Inaugural Safety Expo Launched
• Expressions of Interest Sought for Purchasing Assistants
                                                             • Fireworks Public Meetings
Office of the Occupational Health and                         • National Skin Cancer Action Week 2007
Safety Commissioner                                          • Young Workers Poster Competition
• The Office of the Occupational Health and Safety
  Commissioner Launches New Initiatives for 2007/2008
                                                             Fair Trading
                                                             • On Street Sales Cost Car Dealer $2,500
WorkCover                                                    • The Trade Measurement Advisory Committee
• Health & Safety Month Launched                             • Consumers Warned of Computer Tutor Deals
• Recent Hazard Alerts
• Winners of the ACT OHS Awards
                                                             Parking Operations
                                                             • Overnight Credit for Ticket Parking -
• Ordering Copies of Photos from the OHS Awards
                                                               Amendments
• 2007 OHS Awards and Health and Safety Month Sponsors
                                                             • Parking in Canberra - Did You Know? -
• Hazard Alert - Tipper Trucks and Trailers
                                                               Amendment
• Additions, Amendments and Change of Contacts for the
  Holidays Act



                                       Message From the Executive Director

                                 Health and Safety month has now drawn to a close. October has been
                                 a hectic month for health and safety events. Our thanks to all those
                                 organisations who sponsored, hosted and participated throughout the
                                 month. A further thanks to all those sponsors of Health and Safety
                                 Month and the ACT OHS Awards.
                                 We would also like to congratulate those organisations that nominated
    Executive Director
                                 for OHS awards and particular congratulations must go to the winners.
      Brett Phillips             Details of a number of new health and safety programs were announced
                                 by the OHS Commissioner on 31 October. You may have also noticed a
                                 series of television advertisements promoting workplace safety.
                                 ORS has recently introduced on-line searching of land titles. The facility
                                 provides an easily accessible tool for stakeholders who regularly require
                                 title searches to properly undertake their business. Access to the on-
                                 line searching facility can be gained by paying a one off fee of $165.
                                 ORS is pleased with the number of businesses who have aleady signed
                                 up to on-line searching. Our stakeholders should be aware that from
                                 1 November 2007 the only way to access title searches will be by the
                                 on-line search facility, by subscription through a broker to obtain access
                                 to multi jurisdictional data, or by over the counter searches at 255
                                 Canberra Avenue Fyshwick.
          Expressions of Interest Sought for Purchasing Assistants




                            ACT DEPARTMENT OF JUSTICE
                             AND COMMUNITY SAFETY
                        OFFICE OF REGULATORY SERVICES
                                (FAIR TRADING)
                              TOBACCO ACT 1927

   EXPRESSIONS OF INTEREST ARE SOUGHT                 Applicants must be:
          FROM YOUNG PERSONS                            • a non-smoker;
 INTERESTED IN UNDERTAKING ACTIVITIES AS                • 15 or 16 years of age;
         PURCHASING ASSISTANTS                          • have parental consent; and
            (non-paid positions)                        • be committed to the prevention of the
The Office of Regulatory Services monitors retail           sale of smoking products to minors.
compliance with the cigarette ‘sale to minors’
                                                      NOTE:
provision of the Tobacco Act 1927. The Act
prohibits the sale of smoking products to anyone      These positions are voluntary positions (not paid).
under the age of 18.                                  Expressions of interest should be
Teenage smoking is a major public health concern.     forwarded to:
Research indicates that the younger people            The Commissioner for Fair Trading
commence smoking the greater the likelihood they      Department of Justice and Community Safety
will become heavily addicted smokers with a higher    GPO Box 158
probability of developing smoking-related diseases.   CANBERRA ACT 2601
Surveys in the ACT have revealed that many people     Further information concerning the applicants’
below the age of 18 are buying their own smoking
                                                      requirements and the operation of the compliance
products, and of those one-third have never been
                                                      testing can be obtained from the Office of
refused sale or asked for proof of age.
                                                      Regulatory Services Compliance Unit. Please
The Office is introducing a program of compliance      contact Cathy Snowdon on 620 70411 or by email
testing throughout the ACT. The testing is to be      at cathy.snowdon@act.gov.au
undertaken with the assistance of persons between
the ages of 15-17 years acting as purchasing          Expressions of interest will be accepted until COB
assistants.                                           Friday 2 November 2007.
                                                                                               07-16757/1057053/3




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        The Office of The Occupational Health And Safety Commissioner
                    Launches New Initiatives For 2007/08

The Office of The Occupational Health and Safety (OHS) Commissioner is responsible for promoting an understanding,
acceptance of and compliance with the Occupational Health and Safety Act 1989 (the Act). The Commissioner is
also responsible for undertaking research and development of educational programs to promote occupational health
and safety principles in workplaces and to advise the Minister on any proposed or existing ACT legislation which may
be inconsistent with the Act.
As part of the commitment to assisting ACT businesses, The Office of the OHS Commissioner in partnership with
the Office of Regulatory Services launched a number of initiatives as part of the OHS – ‘Opt for Safety in October’
month, on the 31 October 2007. These initiatives are part of an ongoing plan to assist businesses across the ACT to
improve and maintain their level of safety and comply with the relevant legislation through workplace health and
safety strategies.
A number of initiatives will commence in late 2007 and continue to be implemented through the first half of 2008.
The initiatives will include:
• Health and Safety Poster Competition
• Radio and Television advertising campaign
• The Mentor/Mentoree Assistance Program - “Partners in Safety”
• Improvements to the ACTSAFE Education Modules
• Development of a website specifically focused on Young Workers
• The Manual Tasks Retail Industry Training Program
• The Small Business Assistance Program
• The ACT inaugural Safety Summit.

Health and Safety Poster Competition
Each day too many workers in the ACT are injured in workplace incidents as a result of slips, trips and falls. In an
effort to raise awareness of the significant issues around such injuries the Office of the Commissioner is running a
Poster Competition for students aged between 15 and 24. The competition requires entrants to develop a poster
around slips, trips and falls and use the tagline of Watch Your Step. It is planned that the winning posters will be
used in future education and promotional campaigns.
Student Age Group 15-18 years
• 1st prize $1,000 Good Guys voucher to both the winning student and their educational institution.
Student Age Group 19-24 years
• 1st prize $1,000 Good Guys voucher to both the winning student and their educational institution.

Radio and Television Advertising Campaign
This campaign will commence in early November 2007 and consists of three radio ads and a television commercial
that will be aired across the three commercial television stations. The message of the campaign is Workplace Injury
Can Hurt You in More Ways Than you Realise. The campaign is designed to raise the community’s understanding that
an injury in the workplace often has far reaching ramifications that go well beyond the immediate workplace and
impact on the family unit. The radio ads are aimed at raising awareness of the potential hazards associated with
forklifts, scaffolding and manual tasks.

The Mentor/Mentoree Assistance Program - “Partners in Safety”
This program will be conducted in partnership with specific industry groups to assist small businesses improve their
workplace health and safety strategies. The program encourages larger organisations taking on a mentoring role
to a selected group of smaller businesses within the same industry to assist them with improving their level of
workplace safety, whilst complying with the OHS, workers compensation and injury management legislation. This
mentor program will involve a mix of workshops, site visits and discussions with designated OHS officers from the
larger organisations, with technical and administrative support throughout the program from the Office of the OHS
Commissioner. On completion of the program successful mentors will receive recognition and a certificate during
the 2008 Opt for Safety Month.
The construction industry is the first industry chosen to take part in this program, which is to commence early
2008.
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        The Office of The Occupational Health And Safety Commissioner
                Launches New Initiatives For 2007/08 cont.....


Improvements to ACTSAFE Education Modules
The ActSafe education modules on the WorkCover website has seen over 29,000 users complete the modules
over the past seven years. In recognition of the benefits and success of this initiative an upgrade of the material
within the module will be undertaken in order to provide a more comprehensive array of material reflecting
contemporary best practice.

Young Workers Website
In recognition of the health and safety challenges faced by many young workers and those entering the workforce
for the first time, the Office of the OHS Commissioner has been exploring ways in which to communicate and
make available relevant and useful OHS information for such a group. To this end a strategic partnership has been
developed with other OHS organisations nationally that will soon see the launch of a dedicated website to assist
young and new workers make an informed transition into the work force.

Manual Tasks Training
This program focuses on small businesses (up to 10 employees) within the retail industry whose employees are
required to undertake manual tasks as part of their daily work activities. Australian workers compensation statistics
show that one third of all occupational injuries at work happen during manual tasks, with the retail industry
identified as having a high number of manual task related injuries reported each year. The training program is
designed to assist the employer and their employees performing manual tasks, to identify, access and control the
risks associated with the tasks that are commonly being performed within their workplace. The training will be
conducted at a time and venue that makes attendance easy. This program will be run in conjunction with larger
retail organisations, and is planned to commence early 2008.

Small Business Assistance Program
This is a pilot program that will initially focus on 10 – 15 small – medium businesses across a range of industries
within the ACT, and is a practical approach to assist businesses to achieve OHS compliance and best practice.
The program will incorporate the existing ‘Small Business Tool Kit’ introduced by ACT WorkCover in 2003 and the
‘Serious about Safety’ program, currently being adopted and implemented by five other states as part of a national
harmonisation approach toward guidance materials and tools.
This program has been developed with the specific needs and limited resources of small businesses in mind,
to assist them achieve their occupational health and safety, worker’s compensation and injury management
responsibilities, by implementing effective OHS Management strategies and processes, enabling them to achieve
best practice within their industry.
This program is planned to commence early 2008.

OHS Safety Summit
The OHS safety summit is an inaugural event for the ACT. The summit is aimed at improving work place safety
through the coordination and partnering of industry groups, unions and government to address serious workplace
safety risks within industries across the ACT. The summit will encourage communication and consultation between
industry groups and others involved in the field of occupational health and safety by allowing them the opportunity
to discuss a range of OHS related topics to improve the future of workplace safety across ACT industries. These
topics include:
• the future direction of OHS;
• delivering greater awareness opportunities;
• developing more effective OHS strategies and activities;
• improving OHS safety outcomes; and
• reducing work related injury costs to industry.
The summit is planned to take place mid 2008.

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            WorkCover

                             Health and Safety Month Launched


The 2007 Occupational Health and Safety Month in the ACT was launched
on 3 October. The month has comprised of a series of events that focus on
workplace safety, and culminated in the presentation of the ACT OHS awards
on 25 October.
The highlight of the launch was the release of plans that will see workplace
safety a topic of discussion within families and between friends. This community
education program was developed through a partnership between the Office of
the Occupational Health and Safety Commissioner and the Office of Regulatory
Services.
The traditional model for creating workplace safety has been educational and
compliance programs targeting businesses and their key people in management
and supervisory roles.
The programs that were revealed, and that will be progressively implemented
over the coming 12 months, will see radio and television advertisements being
used to convey workplace safety messages to everyone in the community.
The Office of the Occupational Health and Safety Commissioner and the Office Acting OHS Commissioner Steven Hart
of Regulatory Services would like to see children talking to parents about their
workplace safety; friends and associates chatting about their own workplace safety arrangements; and employers
and employees discussing workplace safety as a routine part of their working relationships.
The reality is that workplaces which create a best-practice safety environment are those where safety is a
collective responsibility rather than a regime imposed by supervisors and management.To achieve this result two
television advertisements and a series of radio advertisements have been produced, and will be broadcast through
the most popular media channels in the ACT. The key message of these broadcasts is ‘Workplace injury – it can
hurt you in more ways than you realise’.
A robust, comprehensive and fair compliance program will complement these advertisements and the Office of the
Occupational Health and Safety Commissioner and the Office of Regulatory Services will also continue to engage
with key stakeholders to ensure the message of workplace safety is given the highest priority and importance.
The popular, engaging and high-impact theme in all these education programs is that the consequences and flow-
ons of a workplace accident can greatly affect every part of a person’s life and the lives of those around them.
Occupational Health and Safety Month has for a number of years been a regular period of heightened discussion and
promotion of workplace safety in the ACT. However, the plans for the implementation of a community education
program will see promotion and discussion continued at strategically selected times
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over the following 12 months.



                                        Recent Hazard Alerts

Articulated Tractor Crane
http://www.worksafe.wa.gov.au/newsite/worksafe/media/pdf/alerts/Articulated%20Tractor%20Crane.pdf

Use of Articulated Non-slewing Mobile Cranes
http://www.worksafe.wa.gov.au/newsite/worksafe/media/pdf/alerts/alrt20070008.pdf

Shipping Container Door Comes Unhinged
http://www.workcover.tas.gov.au/attach/sa0641-07shi.pdf

Uncontrolled Free Fall of a Crane Hook
http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0006/185397/SA07-07-Uncontrolled-free-fall-of-a-crane-hook.pdf

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                 WorkCover cont....

        Winners of the ACT OHS Awards 2007

The Construction Forestry Mining and Energy Union Occupational Health and
Safety Excellence Award for 2007 has been awarded to Construction Control Pty Ltd. The Excellence
Award was chosen from the category winners in this year’s OHS awards in recognition of outstanding achievement.
Judges’ Comments: Construction Control has demonstrated a commitment to integrating occupational heath and
safety into every aspect of their construction business through the implementation of a comprehensive risk assessment
based occupational health and safety management system.
The system looks at safety management in not only the construction phase of a building. The system ensures
safe design, building, occupation, maintenance and demolition, thus adopting the “cradle to grave” concept of
construction as advocated in the National Construction Standard.
Construction Control has implemented tools to assist the system at all levels. This allows those involved in construction
work, from project managers to brickies labourers, to know and understand the safety requirements on the sites.
The management system is coordinated through an integrated computer program developed internally that allows the
tracking of OHS performance and analysis of risks when they are identified.
The judges spoke to a range of employees at a construction site, and it was clear that they had all adopted a positive,
proactive approach to safety on the sites as a result of the management system.
Mark Southwell, the safety and systems manager for Construction Control, has an obvious passion for safety at the
sites and has made progress in changing the safety culture not only with the company’s employees, but also with
contractors working on the site.
                                                                         The winners of the ACT Occupational Health
                                                                         and Safety Awards 2007 were announced by the
                                                                         Attorney General, Mr Simon Corbell MLA, at a
                                                                         function on 25 October at the Southern Cross
                                                                         Club, Woden. The awards are the highlight of
                                                                         Health and Safety Month with the theme “Opt
                                                                         for Safety in October“- a month long safety
                                                                         awareness campaign co-ordinated by the
                                                                         Office of the Occupational Health and Safety
                                                                         Commissioner and the Office of Regulatory
                                                                         Services.

                                                                          The OHS Awards attracted 25 entries this
                                                                          year from a range of organisations reflecting
                                                                          the diversity of the regional economy and
                                                                          business community - with entries from private
                                                                          companies, not-for-profit organisations, unions
  2007 CFMEU Ecxellence Award Winners Construction Control. From L-R     and government agencies. Entries included
  Attorney General Simon Corbell, Mark Southwell and Peter Wright from   complex OHS management systems, creative
  Construction Conttrol                                                  and innovative design solutions, outstanding
                                                                         individual contributions and excellent health and
wellbeing programs.
The Awards were established to encourage public and private workplaces throughout the ACT to develop, implement
and evaluate initiatives that help achieve a healthier and safer work environment. The aim has been to share
learning and assist the award-winning intiatives to be promoted and adopted into ACT workplaces; and to reward ACT
businesses, unions, employees and other organisations for outstanding achievements in health and safety.
Regardless of whether they have received an award, all of this year’s entries contribute to making workplaces
healthier and safer.
The Office of the Occupational Health and Safety Commissioner and the Office of Regulatory Services encourage
all ACT businesses to look at this year’s entries to see how specific workplace health and safety issues are being
addressed, and how readily practical and effective solutions are found.


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              WorkCover cont....

       Category 1 - Best Workplace Health and Safety Management System
                     Commendation - Canberra Racing Club


Canberra Racing Club operates within a sector of industry
which is inherently risky. Those engaged within the industry
work in a somewhat unusual environment. The provision of
a sport that engages in a range of activities for the benefit
of spectators who have professional and financial interests
makes the industry unique.
The commitment of club management to identify a range
of hazards and implement a safety management plan to
manage and mitigate the risks is commendable. Procedures,
work practices and expected safe outcomes have been
implemented. The club has developed the first competency
based training programs in Australia for work tasks such as
barrier attendants and track riders, ensuring consistency
in such work practices. Where practicable, engineering
solutions were developed to reduce risks to workers working
around horses.
The work done on the safety management system allowed the club to quickly respond to the outbreak of equine
influenza in Australia. The club continued to operate during the outbreak when other racing clubs around Australia
were forced to cancel race meetings.

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        Category 2 - Best Solution to an Identified Health & Safety Issue
      Winner - Territory and Municipal Services, Domestic Animal Services


 Domestic Animal Services recognised the hazards
 for their field-based rangers when attending to and
 transporting dogs, and dead animals from the field.
 The vehicles procured are not designed for the purpose
 for which they were being used. The operational
 staff identified the hazards, which include manual
 handling, contamination, visibility and equipment
 access. Domestic Animal Services and the RSPCA were
 consulted and a cooperative venture resulted in a
 design implementation and procurement of a system
 that migrates the risk of injury to the field officers. The
 new vehicle is fitted with a ‘Pod’, which is lifted from
 the ground onto the deck of the vehicle by an electric
 crane. The welfare of the animals is also considered
 and the design results in a much safer and effective
 carriage of animals. The innovation includes better
 lighting and visibility and storage. The design also
 decreases the leasing costs of the vehicles, which provides a significant saving to the Territory.


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            WorkCover cont....

 Category 3- Best Workplace Health and Safety Practices in Small Business
                       Winner - Dave Cavill N’ Co



Dave Cavill N’ Co has developed and
implemented a series of procedures and tools
to ensure that employees and contractors are
inducted onto their sites. Dave has ensured that
employees and contractors are fully aware of
their responsibilities and requirements when
on site. Dave’s approach is always safety first
and his staff are also champions of safety.
The company has a small permanent work
force which ranges from 4-7 personnel, yet he
has appointed a safety practitioner to train,
inspect, audit and advise employees on all
sites where they are engaged.
The company has a refreshing approach to
equal opportunity and one of the permanent
staff is female and a qualified steel fixer. The company ensures that all manual handling tasks are managed well
enough so that all achieve their work without risk or injury. Dave has also developed a number of tools to identify
and rate hazards and risks, and to document issues for action.

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 Category 3 - Best Workplace Health and Safety Practices in Small Business
                Commendation - Roof and Balcony Solutions


Roof & Balcony Solutions has long recognised the
risks involved with working at heights, hazardous
materials and manual handling. They identified
that the training packages available were not
specific enough to cover their workplace hazards
comprehensively.
As a result training packages, procedures and tools
were developed to address and mitigate the hazards
and risks within their work sites. The systems
implemented have ensured that the company
employs and reinforces the safety requirements
for each individual task or site. There has been a
reduction in injuries and illness since the training
and procedures have been implemented.




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            WorkCover cont....

          Category 4- Best Individual Contribution to Health and Safety
Winner - Jane Cullen – Department of Disability Housing and Community Services



                               The department has a large portfolio of responsibility in a sector with
                               many hazards and risks. Jane nominated herself two years ago to
                               address the many issues faced by the staff working with a diverse range
                               of personnel and work places. In particular she developed an inspection
                               checklist, which has been of significant benefit to staff when inspecting
                               accommodation for disabilities.
                               With her positive approach to ensuring staff and clients safety she has
                               affected a change in safety culture among her peers. Other members
                               of staff have assumed a greater awareness and responsibility for safety,
                               which has resulted in a more effective and safer work place for all.




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         Category 5- Most Successful Promotion of OHS in Workplaces
                                 No Winner




          Category 6- Best Workplace Health and Wellbeing Program
                        Winner - OzHelp Foundation


                              OZ Help has continued to be at the forefront of health and wellbeing in
                              the construction industry in Canberra. The industry, being predominantly
                              male, is not known for its approach to healthy behaviour and positive
                              wellbeing. The identification of physical health issues relating to poor
                              nutrition and the results on personal health is particularly significant
                              among construction workers.
                              OZ Help seeks to raise the profile of workers health to enact positive
                              changes from individuals and the sector. The promotion and provision
                              of information on health issues, particularly good nutritional choices, is
                              making some headway. The push for men in particular to be medically
                              and mentally healthy is important in an industry where males generally
                              hold a more flippant view on aspects of their health. The fact that the
                              promotion of these issues also focuses on the multi cultural aspects of
                              the workforce is a very positive aspect of this initiative.



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       WorkCover cont....

            Ordering Copies of Photos for the OHS Awards



                                             If you are interested in
                                             ordering photos of the ACT
                                             Occupational Health and
                                             Safety Awards, WorkCover has
                                             arranged access for you to go
                                             shopping on line through Id
                                             Photographics.
                                             www.idphoto.com.au

                                             You will need to insert the
                                             user name, which is WORK and
                                             the password, which is also
                                             WORK.


•   Any thumbnail can be expanded by clicking on the picture once.
    Ticking the box next to the thumbnail and the ticking ‘Add to
    Shopping Trolley’ allows you to shop.

•   Remember this does not obligate you to buy. You are just adding
    items to your trolley.
•   As you add to the trolley a drop down menu will appear asking what
    sort of output you would like (print size, electronic copy etc). Prices
    are also displayed.
•   When you have finished shopping, head to the checkout. You will be
    shown a summary and can untick any shots you no longer wish to
    purchase.
•   The site will be available 30 October.

          Please address any queries to: photo@bigdam.com




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           WorkCover cont....

        2007 OHS Awards and
       Health and Safety Month

          Proudly sponsored by.....




                                       ACT Construction Industry
                                      Long Service Leave Authority




CONSTRUCTION INDUSTRY TRAINING
AND EMPLOYMENT ASSOCIATION




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              WorkCover cont....

                                           Hazard Alert
                                     Tipper Trucks and Trailers

This Hazard Alert is to inform the Principal Contractors responsible for earthworks on all types of development
sites of the risk associated with the use of tipper trucks and tipper trailers.
Background
Following an investigation into an incident on an infrastructure development site in the ACT of a tipper semi-
trailer rolling over to one side, WorkCover has been made aware of similar incidents on earthworks and mining
sites all over Australia.
Issues
There are several causes, which can contribute to the trailers tipping to one side:
(a) The tipper may be unloading on uneven, uncompacted or inclined ground.
(b) The load in the tipper may be sticky or lumpy and not slide out evenly from the tailgate when the body is
     raised. This situation can cause the driver to raise the tipper body higher, raising the centre of gravity of the
     tipper and making it unstable.
(c) The tipper ram may lift the tipper body dangerously due to poor maintenance. If the centre of gravity of the
     load does not align with the trailer it can cause a sideways tipping movement.
(d) Tyres on one side may be under-inflated causing the body to tilt slightly to one side.
(e) The tipper body may be over loaded.
Tipper trucks and trailers are designed with a very narrow margin of stability. Even a slight incline in the land
contour poses a risk that the vehicle could roll sideways. This risk is further increased by factors such as a high
centre of gravity in a load and poor maintenance of the tipper body lifting mechanism.
Duties under the Occupational Health and Safety Act 1989 (the Act)
The industry practice is to rely on the experience and skill of the vehicle driver to check the vehicle has been
loaded correctly, drive the vehicle safely and to safely unload it on another site. Many Principal Contractors
engage transport subcontractors who are essentially owner-drivers of vehicles. As small businesses they often
do not have adequate safety management systems, which include periodic safety checks and formal hazard
identification measures. Registration checks conducted by state Motor Registries are focused on roadworthiness
of the vehicles and they do not conduct checks on the tipping mechanism of the tipper body. This situation is
unsatisfactory.




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             WorkCover cont....
                     Hazard Alert - Tipper Trucks and Trailers cont....

Section 39 of the Act requires persons in control of a workplace to take all reasonably practicable steps to ensure
that the workplace is safe. Principal Contractors, who are in control of an earthworks site, should take all reasonably
practicable steps such as:
• Ensure that manufacturer’s instructions and recommendations about usage of tipper truck bodies and trailers are
    obtained and clearly communicated to the vehicle drivers.
• Ensure that the manufacturer’s instructions and recommendations regarding the suitability of the vehicle for the
    intended duty are followed.
• Ensure that a suitability assessment of each location on site is done where the vehicles are to unload. This
   assessment should be done jointly by the vehicle driver and an experienced site foreman and should examine the
   contour and compactness of the soil and the area for manoeuvring the vehicle. Overhead power lines are another
   associated risk that must be assessed and recorded. Often the tipper body comes in contact with energized power
    lines while the tipper is lifted.
• Ensure that daily checks by drivers of vehicles include the condition of tyres and inflation pressure checks.
  Periodic inspections should be carried out on the tipping mechanism under the tipper body to check that the ram
  remains in plumb when lifting the tipper body. This inspection should also check whether there is any play in the
  ram swivelling mechanism or any cracking in the structural elements, which can cause the lifting to be dangerous.
  All inspections should be recorded.
• If subcontractor drivers are involved Principal Contractors should ensure that they obtain and follow manufacturer’s
   instructions regarding the use of vehicles. A competent person should inspect the tipping mechanism at regular
  intervals.
• At the point these vehicles are being loaded an experienced site foreman should cross check the volume of the fill
  to ensure over loading does not occur. On board scales can assist in preventing over loading.
While the general duty of care of the Principal Contractor has been explained in this Alert, vehicle drivers also
have a responsibility under the Act. If the vehicle drivers are employees, they have a duty not to take any action
or omission that increases an existing risk under Section 40 of the Act. If the vehicle drivers are self-employed
subcontractors then they have a duty to take all reasonably practicable steps to ensure
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that the health and safety of other persons are not adversely affected under section 41 of
the Act.

      Additions, Amendments and Change of Contacts for the Holidays Act
Until recently The Office of Regulatory Services (ORS) was responsible for the administration of the ACT Holidays Act
1958 (the Act). The Act governs the observance of public holidays in the ACT. Generally the Act provides for 13 public
holidays, which are observed throughout the ACT each year, including Bank Holiday.
From April 2007, the ACT Office of Industrial Relations took over administration of the Act and further information can
be obtained from their website at www.cmd.act.gov.au/holidays.shtml, via email at oir@act.gov.au or by contacting
Canberra Connect on 13 22 81.

Canberra Day
The most recent change to the Act was an amendment to the observance of Canberra Day in 2008. In the past Canberra
Day has been observed on the 3rd Monday in March, however as it often falls a week after the actual birthday of
Canberra, it was put to the community and businesses last year to see what they thought about an amendment to
change this to the 2nd Monday in March and therefore closer to Canberra’s actual birthday.
It was indicated during the public consultation process that there was large support for the amendment to take place.
A bill was presented to the Legislative Assembly on 8 March 2007. This bill was agreed to by the Legislative Assembly
on 25 September and was effective from 3 October 2007. Therefore Canberra Day 2008 will be held on Monday 10
March.

Family and Community Day
Another recent change to the Act was the addition, by way of notifiable instrument (NI2007-321), of Family and
Community Day, which will be observed on the first Tuesday in November and for the first time on Tuesday 6 November
2007.
The idea of having an additional public holiday was also put through the public consultation process last year. In a
recent media release, Minister Barr is quoted as saying that “It is a day for ACT workers to
spend some quality time with their family and friends as they are among the many Australians  Return to contents
who work some of the longest hours in the world”.
              WorkCover cont....
                                  Inaugural Safety Expo Launched

                                                    The Attorney General, Simon Corbell MLA, launched the inaugural
                                                    safety expo at the Canberra Serviceman’s Club on Friday 12
                                                    October. The purpose of the event is to bring several service
                                                    providers together in one location providing a unique opportunity
                                                    for employees and employers in a variety of sectors to attend and
                                                    check out safety products and training providers in a variety of
                                                    disciplines. Hopefully this will be the first of many larger safety
                                                    events as seen in other jurisdictions.
                                                ORS would like to congratulate those businesses and organisations
                                                that took part in the
                                                expo,and would also
                                                ask them to become
 advocates for occupational health and safety and encourage others to
 meet the challenge and become involved along the way.

 Health and Safety is everyone’s business and with almost 100,000
 private sector employees in the ACT we cannot afford to become
 complacent when it comes to identifying and addressing risks and
 hazards. We also need to keep abreast of new information and
 technology that will assist us to work collaboratively and make our
 workplaces safer and happier places.
 The Government aims to educate, provide guidance material and to
 assess the level of compliance, but the primary aim of these types                WorkCover staff assist visitors at the
 of forums is to stimulate the individual businesses in the sector into               safety expo with information
 taking responsibility for their own safety management.

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                                       Fireworks Public Meetings

                          The ACT Government is currently conducting a public consultation process as part of a
                          review under the Dangerous Substances Act 2004, specifically in relation to the sale and
                          supply of consumer fireworks over the Queen’s Birthday weekend.
                          Two meetings will be conducted which will provide a forum for discussion for all members
                          of the public.
                          A panel of experts will be present during the meetings to parricipate in discussions and
                          respond to any questions posed by members of the public. The panellists include Michael
                          Linke, CEO of the RSPCA; Martin Brady, Director of Fireworks Australia; Senior Constable
                          Maxim Mokrij, Australian Federal Police; and a staff member from the Office of Regulatory
                          Services.
                          The meetings are open to all members of the public and will be held at:
                          • 6.30-8.30pm, Monday 12 November 2007 at Lake Tuggeranong College, Cowlishaw Street, Tuggeranong

                         • 6.30-8.30pm, Tuesday 13 November 2007 at Lake Ginninderra College, Emu Bank, Belconnen.
Pre-registration for the meetings is preferred. In order to register, please email DSAReview@act.gov.au or telephone
(02) 6205 0338.
The community consultation process for consumer fireworks includes, in addition to the public meetings, public
submissions and an online survey which can be accessed at http://www.psm.act.gov.au/oir_fireworks.html. The
closing date for both the survey and submissions is 30 November 2007.


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               WorkCover cont....

                          National Skin Cancer Action Week 2007
                                   November 18th-24th




The workplace is a major source of sun exposure for many adult Australians. So it is not surprising that outdoor
workers who are required to spend long periods of time working in the sun, year in year out, have a higher than
average risk of developing skin cancer.
It has been estimated that around 200 melanomas and 34,000 non melanoma skin cancers per year are caused
by occupational sun exposure in Australia.
Once again The Cancer Council ACT encourages all local workplaces especially outdoor workplaces to take
part in a SunSmart Workplace Information Session this summer - why not promote skin cancer prevention
and awareness in your workplace during National Skin Cancer Action Week? Alternatively your workplace may
choose to purchase our new and comprehensive SunSmart Outdoor Workplace CD Rom kit. This new resource
has been specifically designed to assist employers and employees toward developing and implementing an
effective sun protection program for their workplace. The kit costs only $49.50 inc GST (for workplaces with
                                                under 30 employees). It includes several informative take
                                                home brochures for all employees, an employer’s handbook,
                                                information sheets, position statements, posters and more.
                                                 To order your SunSmart Outdoor Workplace CD Rom kit or for
                                                 more information on our SunSmart Workplace Information
                                                 Sessions or National Skin Action Week contact The Cancer
                                                 Council ACT on 6257 9999 or visit them at 5 Richmond Ave
                                                 Fairbairn ACT 2609.



                                                 In addition to the Cancer Council’s resource material, the
                                                 Office of Regulatory Services also has a publication “Sun
                                                 Safety For Outdoor Workers” available on their website at
                                                 http://www.workcover.act.gov.au/pdfs/guides_cop/
                                                 Sunsafety_Guide.pdf




                                                                                        Return to contents
  Are
  You
  a

  bright
  spark?
   Young Workers Poster Competition
An initiative of the Occupational Health and Safety Commissioner
We need you! Each day too many young workers in the ACT
are injured in workplace incidents. The Office of Regulatory Services
WorkCover is aiming to reduce the injury rate and raise awareness
of slips, trips and falls injuries in the workplace by running a poster
competition. If you’re a student in the ACT between the ages of 15 and
24, put your creative skills to work for your chance to win.

Your poster must include the tagline: Watch Your Step
Student Age Group 15-18 years
• 1st prize $1,000 GoodGuys voucher to both the winning student
                        and their educational institution

                          Student Age Group 19-24 years

     winn
      i
                          • 1st prize $1,000 GoodGuys voucher


  w
                          to both the winning student and their
                          educational institution

                          www.workcover.act.gov.au




                                                                          Return to contents
            Fair Trading

                              On Street Sales Cost Car Dealer $2,500

The practice of locating vehicles that are for sale on public streets has cost Fyshwick dealer ACT Motor Traders $2,500
and a conviction as a result of proceedings by the ACT Office of Regulatory Services (ORS) in the Magistrates Court.
In welcoming the Magistrates Court decision the Commissioner for Fair Trading, Mr Brett Phillips said, “The decision
of the Magistrates Court should send a very clear message to ACT Motor Traders and a number of other motor vehicle
dealers in Fyshwick and Phillip.”
“The Sale of Motor Vehicles Act clearly states that dealers cannot display vehicles for sale outside the areas approved
on their licence.”
“The Office of Regulatory Services pays very close attention to this requirement for three reasons.”
“The first reason is public safety. Vehicles parked in unapproved areas may affect the visibility of other road users
and cause traffic problems and possibly lead to accidents for drivers and pedestrians.”
“The second reason is that cars that are for sale may be parked for long periods in parking places designed to enable
consumer access and trade with a number of businesses. It is totally unacceptable for a single trader to adversely
affect other traders by their unlawful activity.”
“And finally, motor vehicle dealers who display vehicles outside their area show disregard and disrespect to their
competitors who trade legally. They are trying to carry stock in excess of levels that can be properly displayed in
their licensed and approved area, and this clearly disadvantages a dealer that limits their stock because of the
requirements to display vehicles within the area approved on their licence.”
“ACT Motor Traders has repeatedly broken the law in this area. Despite numerous formal and informal warnings, as
well as the issuing of infringement notices totalling $1,000, ACT Motor Traders has continued to flout the law.”
“I hope this severe penalty will make ACT Motor Traders and other offending motor vehicle dealers appreciate that
unlawful trade will be a very expensive exercise for the licensee, and by way of additional warning – the law allows
even higher penalties to be imposed.”


                                                                                                 Return to contents




                       The Trade Measurement Advisory Committee



The Trade Measurement Advisory Committee (TMAC) provides advice to the respective governments via the
Standing Committee on Consumer Affairs. Representatives are drawn from consumer agencies in all states and
territories and the federal government. TMAC meets twice a year, October’s meeting was the first of four to be
held in Queensland who took over the chair from the National Measurement Institute which is based in Sydney.
TMAC recommends and drafts changes to the Uniform Trade Measurement Legislation and provides advice on
technical and enforcement issues associated with trade measurement. These include, for example, the manner
in which frozen seafood should be weighed, defining meat for the purpose of selling it by weight rather than by
item, marking of wine glasses, labelling on wine bottles and training of weighbridge operators. In fact, ORS own
Grant Fuller has been cooperating with the National Measurement Institute on production of a training package
for weighbridge operators that should be available early in the New Year.




                                                                                             Return to contents
          Fair Trading cont....

                        Consumers Warned of Computer Tutor Deals


The appearance in Canberra of an itinerant trader selling computer-based mathematics learning programs has
prompted the Commissioner for Fair Trading, Mr Brett Phillips, to issue a warning to the community.
“Recently across Australia there has been rapid growth in people selling software programs that are referred
to as computer tutoring. My fair trading colleagues in Western Australia and Victoria have commenced legal
proceedings against a number of suppliers of these products.”
“There are numerous concerns about these products. They include the cost – sometimes about $6,000 but rising
to $10,000 because of the exorbitant 24% interest rate that comes with the supplier’s credit contract.
“Another concern is the high-pressure sales tactics frequently employed, together with unconscionable conduct
in terms of exploiting the financial, language, and emotional vulnerability of potential customers.
“The fact of the matter is that every parent aspires for their child to attain satisfactory numeracy and literacy
skills. However, it is extremely unwise for people to pursue restorative or accelerated learning programs without
consultation with the child’s teacher or school.
“Most schools offer supplementary programs and work plans that will address learning problems but also be
relevant to curricula and required learning outcomes. Even if the learning place cannot provide these programs
any external learning activities need to complement what is occurring in the school environment.
“One of the challenges of education and child raising is that every child is different. It is quite natural for
different children to achieve different levels of competency in different areas at different times. For many kids
the blocks of maths or English or science fall into place at different ages.
“I want to issue a very clear warning to the local community that the interstate experience of some of these
computer tutoring products is that they are expensive and they may be marketed and sold in an unethical
fashion.
“Additionally, because these traders solicit an invitation to visit the customer’s home to demonstrate the product,
the customers are not covered by the protection of the Door to Door Trading Act.”




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    Parking Operations

          Overnight Credit for Ticket Parking - Amendments

October’s newsletter referred to overnight credit for ticket parking. Below is a couple of amendments
to that article.




                                 1. Red kerbs were phased out as a result of the implementation of the
                                 Australian Road Rules on 1 March 2000. A ‘cooling off’ period was allowed
                                 to enable Roads ACT to get the ‘No Stopping’ signs in position.


                                 2. 3 for free only operates when the appropriate booths are in operation
                                 - 0730-0900 Mon to Friday, not whenever there are three in the vehicle.



                                                                                     Return to contents




          Parking in Canberra - Did You Know? - Amendment




                       In October’s newsletter we mentioned the purchasing of long stay pre-paid
                       parking tickets. Please note the term “ACT Government Shopfront” should be
                       “Canberra Connect Shopfront”.

                       More parking info can be found at:
                       www.rego.act.gov.au/parking/parkingmain.htm




                   Office of Regulatory Services apologises for any inconvenience.




                                                                                    Return to contents

				
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