Health Minister Jillian Skinner announced that while the public smoking bans will be put in place as soon as they pass through parliament, possibly within a couple of months, the commercial outdoor dining areas will not be introduced until 2015.

Currently some council areas have some of these smoking bans in place but the new tobacco reforms – as part of NSW Tobacco Strategy 2012-17 – will now be uniform across the state.

“The aim of this is to reduce the number of people who are smoking and to reduce the exposure to people, particularly children and families of third-party tobacco smoke,” Ms Skinner said.

The NSW Heart Foundation backed the reforms.

“This is an historic moment in our State’s history and one that will help to protect the thousands of people in NSW who don’t smoke,” NSW Heart Foundation CEO Tony Thirlwell said.“There is no safe level of exposure to second hand smoke evidence shows that a non-smokers exposure to second-hand smoke can result in up to a 30 percent increase in risk of heart disease,” he said.

The company that built the stage ahead of last summer’s deadly Indiana State Fair collapse appeared to be indifferent to safety standards, the state Department of Labor announced.

The agency cited Mid-America Sound Corp. with three major safety violations in connection with the collapse of outdoor stage rigging Aug. 13 when a powerful storm swept into the fairgrounds. The stage toppled onto a large crowd of people who had gathered to watch the country duo Sugarland perform, leaving seven people dead and 58 injured.

“The evidence demonstrated that the Mid-America Sound Corp. was aware of the appropriate requirements and demonstrated a plain indifference to complying with those requirements,” Labor Commissioner Lori Torres told reporters at the release of an Indiana Occupational Safety and Health Administration report on the collapse.

The department issued a $63,000 fine against the Greenfield, Ind.-based company. Mid-America did not immediately respond to a call seeking comment.

The Commissioner said the OSHA report investigated workplace violations but was not aimed at determining what caused the collapse.

It also issued a small fine against the Indiana State Fair Commission for failing to conduct proper safety evaluations of its concert venues. The International Alliance of Theatrical Stage Employees Local 30 also came under fire, accused of five workplace violations.

A union attorney, said the report found that the union, not the commission, was the employer of the stagehands who were working Aug. 13 when the stage collapsed. Groth said the commission controls the fairgrounds and that the union was being made a scapegoat for the mistakes of others.

“Local 30 is not an employer. They’re a labor organization, a union, I just think it’s reprehensible. The state ought to look in the mirror, because that’s where the culpability begins.”

The union was also issued a small fine.

Sugarland was not penalized. The agency said the band didn’t employ the workers and wasn’t responsible for building the stage.

State officials have hired two out-of-state companies to review the stage collapse and the state’s emergency response to the disaster. International engineering firm Thornton Tomasetti is conducting an investigation of the rigging collapse and national emergency planning advisers Witt Associates are reviewing the state’s emergency plans and its response to the collapse.

The Commissioner said fair officials didn’t have an adequate plan for evacuating the area as a severe thunderstorm packing high winds and lightning approached the fairgrounds

“Plan or no plan, the wind blew over the stage structure,” she said. “It was their duty to evacuate timely.”

Here’s a breakdown of violations cited in the Indiana Occupational Safety and Health Administration report.

MidAmerica Sound Corp.

Knowing: Did not develop and implement an operations management plan for building the stage rigging; did not prepare proper layout drawings and engineering documentation; did not develop a risk assessment plan; did not conduct periodic inspections with documents; did not keep records for each structural component. Fine: $21,000.

Knowing: Did not provide cross-bracing as recommended; did not take into consideration soil conditions at the location; did not designate a competent person to construct the structure. Fine: $21,000.

Knowing: Did not have engineering calculations, design notes and test results for the structure; did not have adequate knowledge of the engineering documentation; did not take into consideration weights of all equipment on the structure. Fine: $21,000.

IATSE 30

Serious: Head rigger did not take into account soil conditions at the location; head rigger was not a designated competent person. Fine: $3,500.

Serious: Employees were not provided with fall protection and training. Fine: $3,500.

Serious: Did not conduct a personal protective equipment hazard assessment of the worksite. Fine: $3,500.

Non-serious: Did not keep OSHA injury and illness records. Fine: $1,000.

State Fair Commission

Serious: Did not conduct a life safety evaluation that included all conditions and appropriate safety for concerts being held at the State Fair; did not take measures to protect employees exposed to severe weather and hazards associated with temporary structures. Fine: $6,300.

A private college in South Australia was recently convicted and fined almost $110,000 after three people were injured by a falling tree while attending a Junior School sports day

Cedar College pleaded guilty in the SA Industrial Court to breaching section 22(2)(a) of the Occupational Health Safety and Welfare Act 1986 in that it failed in its duty of care to ensure that members of the public were safe from injury and risk to health while on the premises.

During the sports day in September 2009, part of a tree trunk fell onto three people who were in the vicinity.

A male parent sustained several serious injuries and is now a paraplegic, while a female parent sustained a dislocation and fractured ankle, bruising and lacerations, and a male college student suffered fractures, a broken leg and ankle, and bruising. All three victims suffered associated psychological problems.

While most of the sports day activities took place on the oval, some occurred in the proximity of large trees. The day was particularly windy and, while discussions had taken place about moving activities away from the trees, this suggestion was not acted upon.

The college demonstrated an awareness of the dangers presented by the trees through engaging the services of an arborist in 2005. When first inspected, it was recommended that the tree involved in the incident be pruned as a matter of high priority. This recommendation was not acted on.

A follow up survey in December 2007 recommended that, as a medium priority, the tree be removed within six to eighteen months. While the college had attended to other trees that were identified as high priority, it did not act upon the recommendation for this particular tree within the recommended timeframe.

In his penalty decision, SA Industrial Magistrate Michael Ardlie stated that the college had acted with foresight to have the trees on its site assessed, but unfortunately, it did not act upon the recommendations.

Magistrate Ardlie imposed a conviction and fined the college $108,750 after a discount of 25 per cent to acknowledge the early guilty plea and genuine remorse for the incident.

SafeWork SA executive director, Bryan Russell, said: “This is another case where serious injuries have occurred and people have paid the price for the employer’s failure to follow through and manage all the hazards that have been identified.”

Workplaces relying on training workers to ‘lift safely’ as a control measure for manual task risks are not meeting their work health and safety obligations.

In the construction industry, it is popular to teach workers about spine and back care, stretching, and core stability. While these programs can provide workers with valuable health and injury management information, they do not follow the hierarchy of control that is required for managing hazardous manual tasks.

When assessing tasks involving lifting, workplaces should always consider the following:

• Why do workers have to lift?
• Can that part of the job be eliminated?
• Can the task be done another way?
• Can the job or tools be designed better?

Research shows that teaching workers how to lift does not reduce injuries or back pain. There is no ‘safe’ way to lift because the risk factors causing the problem, such as the weight of the load or the posture that workers have to work in, are not changed.

More information on this topic can be found in the Musculoskeletal issues – Frequently asked questions.

How can I ensure effective manual task risk management?

Workplaces should follow the risk management principles for manual tasks outlined in the Hazardous Manual Tasks Code of Practice 2011 as well as the Work Health and Safety Regulation 2011 and other relevant codes of practice.

Under the Work Health and Safety Regulation 2011, for hazardous manual tasks the person conducting a business or undertaking (PCBU) has the duty to manage the risk of musculoskeletal disorders. This includes following the hierarchy of control and maintaining and reviewing control measures.

The obligation to manage manual task risks is not a ‘new’ obligation – under the previous Act and the now repealed Manual Tasks Code of Practice 2010, obligation holders should already have been managing these risks. The Work Health and Safety Regulation 2011 is an enhancement and gives manual tasks regulatory status, making it very clear that the PCBU must manage these risks.

The Hazardous Manual Tasks Code of Practice 2011 includes the same principles as the repealed code – for example the risk management process, risk factors and control requirements.

The new code provides definitions and examples to guide decision-making even though the terminology and risk factor model has changed slightly. It helps workplaces identify what the problems are and how to control them.

Inspector enforcement activity regarding manual tasks is unchanged (i.e. inspectors will take enforcement action for non compliance).

The most effective controls reduce manual task risk factors by elimination or redesign. Case studies are available on the Workplace Health and Safety Queensland website demonstrating examples of manual task controls.

WorkSafe wants businesses returning from holidays to make safety a priority on their new year’s resolutions list after 25 people died on the job in 2011.

It was a tragic end to the year with nine of the deaths occurring in November and December, bringing the annual toll two above the 23 recorded deaths recorded in 2010.

WorkSafe’s Executive Director of Health and Safety, Ian Forsyth, said of the 25 deaths, 12 were in metropolitan Melbourne and 13 in regional Victoria, including eight in agriculture. Those who died were aged from 11 to 94 and all but one worker was male.

“Workers are entitled to return home safe from work at the end of the day. When this doesn’t happen, it’s a tragedy that is felt by many people including their family, friends, colleagues, employers and the wider community, “Mr Forsyth said.

“WorkSafe is responsible for educating the community and enforcing the law, but employers, managers, supervisors and workers must share responsibility to maximise safety and reduce the number of workplace incidents.”

In addition to the number of deaths in Victorian workplaces, around 29,000 people are hurt badly enough every year to make a workers’ compensation claim.

“For some, challenging the practices and habits of your working life can be hard, but if something goes wrong, the consequences are often immediate, horrific, long-lasting or fatal.”

Mr Forsyth said most incidents often involved workers doing routine jobs, which showed no one was immune from the risk of serious injury or death.

“WorkSafe inspectors and investigators are often told ‘he was experienced and always careful’ or that ‘we’ve been doing it that way for years and never had any problems before’,” he said.

“Safety is about understanding what can happen and doing all you can to ensure people are trained, supervised and have what is needed to work safely, even if they’ve done a job a thousand times before.

“The fact that so many people died in the last few weeks of last year shows that while you can be doing well, constant vigilance is needed as the situation can change quickly.”

With many workplaces re-opening this week and next or coming down from peak periods, Mr Forsyth urged businesses to get on top of health and safety issues.

“Do it today because tomorrow might be too late.”

“We’re talking about business across all industries, from manufacturing to farming to retail to hospitality. Injuries and deaths don’t just happen in one sector or in one area.”

“While Victoria is Australia’s safest state and its employers pay the lowest average workplace injury insurance premiums that can only be maintained if we all do what we can to make workplaces as safe as possible.”

WorkSafe’s “Who’s there” campaign which shows a mother and daughter’s response when told dad isn’t coming home will be re-launched on Sunday.

The aim of the campaign is for Victorian workers to stop and think about what is ultimately important to them, why safe workplaces are needed, and what they can do to prevent situations like this happening.

For more information on how to make you workplace safe, visit: www.worksafe.vic.gov.au or call WorkSafe’s telephone advisory service on 1800 136 089.

Victorian workplace fatalities for 2011:

1.  2 February

A 53-year-old male was crushed by a large metal panel that fell as a shipping container was unloaded at Kilsyth.

2.  3 March

A 40-year-old teacher drowned attempting to get a group of students out of the water (in a snorkelling class) at Torquay.

3.  12 April

A 55-year-old male milker sustained fatal crush injuries when rammed by a cow on a farm near Inverloch.

4.  20 April

A 56-year-old male was crushed whilst seated in the cabin of an excavator while removing pine trees at Apsley.

5.  21 April

A 94-year-old male riding an ATV hit a bull hole and rolled, sustaining fatal injuries at Hedley in South Gippsland.

6.  8 May

An 18-year-old female employee died after being crushed by an overturning four wheel agricultural vehicle at Nangiloc.

7.  19 May

A 54-year-old male died after being exposed to chemicals at Laverton.

8.  28 May

A 30-year-old male died when a large section of a pile drilling rig mast collapsed in South Melbourne.

9.  14 July

A 35-year-old male worker died when a cherry picker struck overhead powerlines in Spotswood.

10. 19 July

A 44-year-old male Yarrawonga farmer fell about three metres to the ground from a cage being raised by a tractor.

11. 31 July

A 56-year-old male (contractor) died when he was struck by packs of timber that fell from a semi trailer which was being unloaded at Campbellfield.

12. 9 August

A 62-year-old male died after being struck by a tree during tree-felling work at Mingay.

13. 18 August

A 17-year-old male dairy farmer died at Yalca while operating a rotary milking machine.

14. 03 October

An 11-year-old boy died when the quad bike he was riding overturned on a dairy farm at Katunga.  He was helping to move cows.

15. 13 October

A 70-year-old male farmer died from injuries received while working on hay baler on a property near Dimboola. It is understood that he lit a fire to attract attention after being trapped in the plant and was engulfed by fire.

16.  19 October

A 45-year-old male was operating a mobile elevated work platform and become trapped between the bucket and roof trusses at Altona North.

17.  21 November

A 73-year-old male died when he was charged by a bull at Acheron.

18.  24 November

The bucket of a cherry picker containing a 45-year-old man fell approximately 7 metres to the ground while removing gum trees from a private property at Lara.

19.  25 November

A 46-year-old male employee sustained fatal injuries after he was crushed by a truck door. The man was standing between the truck’s body and door when the vehicle moved forward at a factory in Westmeadows.

20.  30 November

A 49-year-old male employee was controlling traffic when he was fatally struck by a road sweeper at Bayswater.

21.       1 December

A 53-year-old male sustained fatal injuries when he fell into a channel containing liquid sewage at Bangholme

22. 1 December

A 26-year-old male employee sustained fatal injuries as a result of being struck on the head by a falling crane component at Campbellfield.

23.  2 December

A 37-year-old male contractor was repairing a truck loading dock at Laverton. The dock fell causing fatal injuries.

24. 12 December

A 25-year-old male employee sustained fatal injuries when a plumbing van exploded at Mulgrave.

25. 14 December

A 43-year-old male employee sustained fatal injuries after he was struck by a falling tree during forestry operations at Gellibrand.

A Geelong business has been convicted and fined $6000 over an incident that left a chef with a broken arm after her sleeve became caught in an unguarded machine.

GT 10 Geelong Pty Ltd, which operates “The Groove Train” restaurant in Geelong, was fined in the Geelong Magistrates’ Court after it pleaded guilty to failing to provide safe plant to its employees.

The court heard the chef was preparing pizza dough using a large unguarded mixer on 2 August 2010 when her sleeve became caught in the machine’s rotating hook.

The worker’s arm became trapped in the machine while it continued to operate and was switched off by nearby colleagues after they heard the chef’s plea for help.

The worker suffered a broken left arm, muscle damage and was unable to work for four weeks.

A WorkSafe investigation found the mixer had originally been fitted with a guard and a cut-off switch design to activate when the lid was raised, but it had broken off two weeks prior to the incident.

It was possible for someone to put their hands into the bowl while the machine was operating and the dough hook was rotating. The employer allowed the unguarded machine to remain in use, the court was told.

The investigation also found employees did not receive adequate training on how to properly use the machine. The court heard the company installed a replacement guard immediately after the incident.

WorkSafe’s Operations General Manager, Lisa Sturzenegger, said guarding on machinery was an essential component that kept workers safe.

“Unfortunately, we often hear of workers being pulled into machinery and suffering horrific injuries,” she said.

“Such incidents can easily be avoided if workplaces ensure machines have appropriate guarding and that staff are trained in how to operate equipment.”

“Not only does equipment maintenance often come at little to no cost, but it ensures workers get to go home safe at the end of the day.”

Charges against three companies in a fatal stage collapse at a popular Alberta country music festival have been stayed.

The Crown says there was no reasonable chance of conviction against Panhandle Productions, Global Production Co. and a numbered Alberta company.

The companies faced almost three dozen charges after a powerful windstorm caused the main stage to collapse at the Big Valley Jamboree near Camrose in 2009. Most of the charges related to failing to ensure the health and safety of workers.

Donna Moore of Lloydminster, Alta., was killed and more than a dozen people were injured.

The Crown says it consulted with occupational health and safety investigators before making the decision.

“Charges were laid and then due diligence was done through the investigation,” said Alberta Justice spokesman Josh Stewart.

“Once all the information was collected in the investigation, including information that was brought forward after charges were laid, it was determined that if we proceeded there was no reasonable likelihood of getting a conviction. The investigation was quite complex so there was a number of things that came forward.”

A lawsuit on behalf of Moore’s sons is still ongoing. It names the City of Camrose, the concert’s promoter, the company responsible for security and several companies that built the stage. None of the allegations has been proven in court.

Staying a charge means that it can be reactivated if significant new evidence becomes available within one year.

Two of the charges alleged that Premier Global Production failed to ensure that the stage and equipment were strong enough to withstand the stresses imposed by a sudden storm. The company, based in Nashville, Tenn., provides staging and lighting for music and sporting events across North America.

When charges were laid last July, Brian Andrews, vice-president of Premier Global Production, said the company had a good history of safety. He said all its stages are inspected, engineered and built according to the standards in the industry.

“I’m a little confused by the charges,” he said at the time.

Moore, 35, was crushed by falling scaffolding and large speakers. The single mother was sitting near the stage.

The winds hit just as Hollywood actor Kevin Costner’s band was about to perform.

Environment Canada said the plow winds were in excess of 100 kilometres an hour and were so violent that some people mistook them for a tornado or hurricane. The winds hit with only a minute’s warning and caused the main stage to crumble as thousands of spectators fled.

Safe Work Australia Chair, Mr Tom Phillips AM, has expressed concern over recent media reports regarding volunteers and the new Work Health and Safety (WHS) laws.

Mr Phillips is concerned inaccurate and alarmist claims made about the new WHS laws could seriously discourage volunteers and potential volunteers from undertaking volunteer work.

The new WHS laws will not apply to every volunteering activity or organisation. They apply if a volunteer organisation employs staff as well as volunteers to carry out work for the organisation.

“This isn’t new – this was the case even in the old state schemes and it makes sense. In three states and territories Queensland, the Northern Territory and the ACT, occupational health and safety legislation (OHS) already specifically applied to volunteers – this hasn’t changed. In all the other jurisdictions, the protections afforded by OHS legislation also applied to volunteers at workplaces,” said Mr Phillips.

“The new WHS laws do not, for example apply to the local junior football club run entirely by volunteers or to any community group which does not have any employees,” said Mr Phillips.

For those volunteer organisations and volunteers which are covered, there is an overall duty on volunteers to take care in the workplace.  However, the duty to ensure a safe workplace remains the primary duty of the employer or ‘person conducting a business or undertaking’ – not the volunteer. Importantly, there is unlikely to be a prosecution of a volunteer except in the most serious and exceptional of circumstances.

Volunteering Australia supports the national harmonisation of OHS laws. Volunteering Australia CEO, Cary Pedicini said “The harmonisation will mean a higher level of protection for volunteers applied consistently no matter where they volunteer. That is a good thing for volunteers. We will continue to work with Safe Work Australia to address any concerns that arise as we have done for the last twelve months.”

The new WHS laws ensure that volunteers receive the highest level of protection wherever they perform their work across Australia consistent with the protections provided to all workers.

Volunteer fact sheets:

Volunteers and the model Work Health and Safety Act – Legislative Fact Sheet Series

Volunteer ‘officers’ and their duties under the model Work Health and Safety Act – Legislative Fact Sheet Series

Volunteer organisations and the model Work Health and Safety Act – Legislative Fact Sheet Series

How volunteer organisations can comply with the model Work Health and Safety Act – Legislative Fact Sheet Series

The experienced stage performer, known as Hannibal Hellmurto, got into difficulties when he swallowed an electric-powered glass tube during a show in the UK city of Bradford.

He ripped a four-inch hole in his oesaphagus while trying to perform the act.

Miraculously, he finished his show, but collapsed after coming off stage and was rushed to the Bradford Royal Infirmary.

Hellmurto, a former German tax official, could not swallow anything for five weeks and had to be fed through a tube while the hole in his oesaphagus healed.

But the 40-year-old daredevil hasn’t let the incident put him off his work, and he returned to the stage this week.