Arbor Age

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Husqvarna T540i XP® Battery Chainsaw

The new standard for power and performance.

Husqvarna – one of the world’s leading producers of forest, park and garden products have set a new standard for battery-powered chainsaws with the introduction of the T540i XP® top-handle chainsaw. Designed and developed together with professional arborists, this powerful battery-powered chainsaw features an optimised system to deliver the next step in battery performance.

The T540i XP® is Husqvarna’s most powerful battery-powered top-handle chainsaw yet. It features a ground-up new design and has been developed for arborists who want a smooth, high-performance chainsaw. This game-changer was created for cutting capacity and convenience for the user, meaning the battery power is complemented by manoeuvrability, excellent ergonomics, high chain speed, low weight, and a user-friendly interface with quick control.

When used with the newly released Husqvarna BLi200X battery, this powerful workhorse has capabilities equivalent to professional 40cc class petrol chainsaws, making it ideal for tree removals and smaller cutting tasks. With a completely redesigned, optimised system, power has been increased by more than 30 per cent compared to previous Husqvarna battery chainsaws, opening it up for applications that have been exclusive for petrol chainsaws.

Thanks to Husqvarna’s battery technology, the latest Husqvarna X-Cut chain SP21G and Husqvarna X-PRECISION bar, the Husqvarna T540i XP® offers cutting capacity for drop cuts of thick trunks and branches while also being fast and nimble enough to take on smaller tasks.

Easy handling with new user-friendly interface The Husqvarna T540i XP® chainsaw has an advanced, user-friendly interface for quick control, and a balanced saw body that provides the manoeuvrability needed for difficult cuts. The battery status is easily visible on the newly developed intuitive interface, and the chainsaw starts and stops effortlessly at the press of a button. The absence of direct emissions is one of the benefits with a battery-powered chainsaw. The user is also subject to reduced noise and fewer vibrations, which equals less strain on the body.

Only premium materials and durable components have been used, resulting in a robust chainsaw. The saw is also IPX4 classified, meaning that it can operate in challenging weather.

T540i XP® Features at a Glance

  • Li-Ion Battery Power
  • Efficient BLDC Brushless Motor
  • 12” Bar
  • Chain speed 24 m/s at maximum engine power
  • Weight 3.8 kg (Including BLi200X battery)
  • savE™ – for maximum power or maximum runtime
  • Husqvarna Connect
  • Intuitive Keypad
  • Petrol performance – Battery convenience
  • Belt eyelet making it quick and easy to connect the saw to a climbing harness
  • Rope attachment
  • Easy to open flip-up oil tank cap

Integrated connectivity comes standard with the machine. With the smart Husqvarna Connect app, users will have easy access to helpful tips, manuals and spare part recommendations. For equipment connect by Bluetooth, the app also provides additional information such as runtime and charging status as well as maintenance and service needs and last known location. The app can be downloaded, free of charge, from either the App Store or Google Play.

The Husqvarna T540i XP® is available to purchase from your local Authorised Husqvarna Dealer.

T540i XP® Supplied With:

  • X-Precision Laminated bar .325” mini PIXEL 1.1mm Small bar mount
  • Saw chain X-CUT SP21G Semi chisel PIXEL .325” mini 1.1 mm

For more information on the latest in cutting excellence, head to your local Authorised Husqvarna Dealer, or visit www.husqvarna.com

October 20, 2020 / by / in ,
Innovative New Forestry Mulchers

Built tough to tackle even the hardest Australian timbers, Fecon Australia’s range of premium mulchers for skid steers and excavators is now bigger and better than ever following the addition of two impressive new models – the Standard Flow and the Blackhawk.

Standard Flow Skid Steer

Mulcher Fecon’s range of world-leading skid steer forestry mulchers have until now been exclusive to only larger loaders that offer 91 litres per minute or more of hydraulic flow. Fecon Australia is therefore proud to release the all new Standard Flow Bull Hog Mulcher to suit skid steers and track loaders with as low as 53 litres per minute. Owners and operators of mid-sized machines now have a lucrative new capability of forestry and land clearing work using a premium Fecon mulcher – meaning the Standard Flow mulcher is a game changer for the entire industry.

22 highly durable cutting tools, designed to maximise mulching efficiency and provide an unrivalled long service life, are contained within a cleverly designed 1270mm rotor to produce a consistently fine chip size and a remarkably tidy final product. Operating within a 2400 to 3000 rpm range, Fecon’s Standard Flow Mulcher can efficiently process small trees up to 150mm in diameter, and makes light work of even the most dense scrub. With a weight of less than 600kg even including its adaptable mounting plate and push bar coupled with its close centre of gravity design, the Fecon Standard Flow Mulcher is easily carried by most mid-sized skid steers and track loaders.

Fecon Australia’s new Standard Flow Mulcher head is ideal for owners and operators of mid-sized skid steers or compact track loaders undertaking fire prevention clearing, general vegetation management, agricultural mulching such as fence rows and crop perimeters, construction site clean-ups and dense brush clearing.

The new capability for mid-sized skid steer loaders to run a heavy-duty, premium quality mulching attachment expands the overall business capabilities and generates lucrative additional revenue streams for virtually every one of the thousands of owners and operators of these machines throughout Australia.

Blackhawk Skid Steer Mulcher

Another mulching head that is brand new to the Fecon Australia line-up is the innovative Blackhawk Mulcher for skid steers and track loaders.

Where Fecon’s other mulchers are designed to process trees and thick scrub, the Blackhawk is instead the perfect mulcher to tackle land clearing operations in stringy, fibrous, dense and fast-growing vegetation. The Blackhawk is formulated to process stubborn foliage quickly and efficiently, and will also collect and feed already felled material to ensure no unprocessed vegetation is left behind.

The Fecon Blackhawk’s uniquely designed rotor contains 30 cutting tools distributed evenly across a wide 1930mm cutting width, offering a prime configuration for quick spool up and immediate recovery. Its reversible tools extend service life by double, and the ingeniously designed lace pattern of the rotor enhances the overall efficiency of the mulcher. The effect is a finer mulch size and evenly processed material.

Requiring a high hydraulic flow range of 91 to 171 litres per minute at a maximum 6000 psi pressure, and an overall weight of 1230kg including mounts, the Fecon Blackhawk is intended for use with large skid steers and track loaders. Alternatively, owners and operators can attach the Blackhawk to Fecon Australia’s own impressive new FTX150 Forestry Mulching Tractor for maximised power and optimal results.

In Stock Now – Plus National Parts, Service and Support

Fecon Australia’s new Standard Flow and Blackhawk mulchers are now in stock and available for sale Australia-wide, along with the existing well-renowned range of forestry mulchers and attachments. Contact Fecon Australia today for further information, and ask about their national demonstration program and try-before-you-buy options.

Furthermore, Fecon Australia offers a nationwide sales, parts and service network for all machines and attachments. The result – not only will Fecon Australia provide perfectly-suited forestry equipment for your needs, but you will also have the peace of mind that only comes with dealing with the very best in the business.

For more information about Fecon Australia’s diverse range of forestry equipment, visit www.fecon.net.au or call 1300 332 661.

October 18, 2020 / by / in ,
Performance Driven By Technology

When access to confined spaces is an issue, Ahern Australia brings the solution with the Italian-made Bluelift SA22 Spider Lift.

Bluelift produces safe and reliable elevated work platforms that are simple and easy to use. Ahern Australia is the exclusive distributor for the full line of Italian lifts in Australia. These Italian-made spider lifts feature advanced technology, lightweight designs and high performance.

The self-stabilising Bluelift SA22 combines a narrow width and lightweight design that is ideal for working in confined  spaces both outdoors and indoors. This spider lift is suitable for a wide range of applications, including tree cutting, cleaning agents, electrical, roofing, fire protection and facilities maintenance.

Offering the ultimate in versatility, this machine has a multi-area stabilizer setting for three different set-up positions, providing excellent rough terrain performance.

Its track width adjusting system has an independent axle and tracks that prevent damage to sensitive flooring.

Boasting a 22m maximum working height, the SA22 delivers a maximum horizontal outreach of 10.9m with a lift capacity up to 200kg and 9.9m with a lift capacity up to the maximum of 250kg. Featuring a turret rotation of 340°, this spider lift includes automatic center positioning of the turret and a quickly removable aluminum basket.

The basket is equipped with a 230V power outlet for working with power tools. A radio remote control includes an interactive and multi-lingual display. A modem connection plug allows for easy diagnosis or software upgrade in the remote. Also included on the SA22 is a patented i-Performing electric pump with auto start/ stop system.

Proportional and simultaneous electro-hydraulic controls make it easy to operate the proportional track drive with hydraulic braking system. This machine also comes has a double drive system with safety control and driving lateral slope alarm for climbing gradients up to 28 per cent. The SA22 can be driven with the jib boom raised up to a maximum travel speed of 1.5km/h.

The interblock outrigger/boom feature disables outriggers once the boom is in operation. Additional safety features include an emergency push-button with engine stop and a simple emergency lowering procedure. Operators use a hand pump for the emergency lowering of the platform.

Weighing 2,990kg, this 22m spider platform can be transported via standard trailer for ease of transportation. The SA22 also includes covers on the outrigger cylinder’s piston rod, oil tank and emergency controls for added protection.

For more information, visit www.ahernaustralia.com.au or call 1300 900 700.

October 15, 2020 / by / in ,
Sustainability And Renewable Forests

The past year has thrown up its fair share of challenges, however the forestry industry remains resilient and forward-looking, with a number of initiatives being undertaken to bolster the industry in the long term, while the collective focus has been turning to ensuring all preparations are made ahead of the upcoming fire season.

The NSW government recently released its independent NSW Bushfire Inquiry report, examining the circumstances of the 2019- 20 bushfires, and has advised that all 76 recommendations made by the inquiry will be accepted in principle, designed to improve planning, preparedness and response to bushfires.

In this issue we talk to Bob Gordon, President of the Institute of Foresters of Australia (IFA), about how a wealth of knowledge and experience are key to correct forest management.

AAF talks to Ruth Ryan AFSM, HVP Plantations Corporate Fire Manager, about some of the fire prevention and management techniques employed by plantations, along with the importance of close and regular collaboration between a range of stakeholders in seeking to establish effective strategies.

Ruth notes that the basic principles of fire fighting haven’t changed much over the years, however does highlight the increasing role that technology is playing in fire prevention and management, providing fire fighters a range of information, from weather forecasting, to mapping and the utilisation of fire modelling software.

We have also caught up with Caterpillar Forestry Manager Felice Stocco, who talks about his new role with the heavy equipment manufacturer, and his goals for the coming years, along with the growth opportunities for industry.

Felice points to opportunities in the Australian and New Zealand markets, highlighting the harsh operating conditions that are often faced, and the importance of customer feedback in developing equipment designed to get the job done.

National Forestry Planting Day

The Australian Forest Products Association (AFPA) marked National Forestry Planting Day on August 3 – initially launched in 2017, designed to recognise the country’s “sustainable and renewable forest industries” – with AFPA CEO Ross Hampton noting approximately 70 million new trees are planted during winter in southern Australia and summer in northern Australia each year. Hampton highlighted the role the season plays in ensuring “Australia has a continual, renewable resource that contributes to long- term carbon emissions abatement”. “These are trees that, as they grow, will absorb carbon from the atmosphere before being harvested to create products used in homes every day,” he commented. “As well, our sustainable and renewable forest industries support communities across Australia, providing livelihoods for thousands of families, while making a positive environmental contribution.”

Hampton noted that enough tree seedlings are planted every year to cover an area equivalent to 136,000 football fields, and that this figure is set to increase.

“In order for Australia to meet the anticipated quadrupling of demand for wood fibre by 2050 even more trees than the 70 million need to be planted each year,” he commented.

“The federal government has recognised this need through its National Forest Industries Plan, and has committed to planting one billion new trees over the next decade. It has also funded nine forest industry hubs across Australia in regions where the industry is well established, to ensure the right trees are planted in the right places.”

New NT Association

The AFPA has welcomed the establishment of the Forest Industry Association Northern Territory (FIANT), representing all major forestry enterprises in the NT, with Frank Miller taking on the role of the association’s inaugural president.

Hampton said the AFPA is looking forward to working with its NT colleagues, and pointed to the strong potential of the NT forestry industry.

“The top end of Australia has real potential for renewable forest products industries,” he commented. “It is close to developing markets in northern Australia and South East Asia, which meet a growing demand, and help Indigenous communities meet the goals they want to achieve for economic development and financial independence.”

“FIANT has also set as a goal to play a major role in helping the NT economy recover from the COVID-19 pandemic, and it is well placed to do that, as, like all sectors of the sustainable forest products supply chain around the country, it is providing an essential service which did not stop.”

As previously reported in AAF, a Cooperative Research Centre for Developing Northern Australia study, released earlier in the year, highlights the potential for growth of the northern Australian (which includes all of the NT) forestry and forest products industry, finding it could potentially treble its production value to up to $300 million per annum over the next five-to-10 years.

Meanwhile, at the other end of the country the AFPA has welcomed the appointment of Nick Steel as the Tasmanian Forest Products Association’s (TFPA) first CEO, which is replacing the Forest Industries Association of Tasmania, highlighting Steel’s experience working over 10 years for the Tasmanian Farmers and Graziers Association at senior levels.

“The TFPA’s membership includes all the major growers and processors who are part of Tasmania’s sustainable forest products industry, in native forestry and plantation, softwood and hardwood, heralding a new era of cooperation between all parts of the industry to represent Tasmania’s forest industries to governments, media and the community,” Hampton commented.

October 14, 2020 / by / in ,
Bandit Stump Grinders Two New Models For 2020

Bandit Tree Equipment have announced the addition of two new models to their range of stump grinders with the SG-40 and SG-75.

Your stump grinder is the last machine used on most sites. It must do a great job so you get a nice smile from the customer and you get paid!

Your grinder must be trouble free, easy to maintain and productive if it’s going to be a profit centre for your business and not a pain in the backside. This is where Bandit comes in. Every Bandit grinder is hand built specialised teams using extensively welded construction. They are built to last, and engineered to handle our tough, dry Australian conditions.

The big news from Bandit is the arrival of two new models in 2020.

Bandit SG-40 Stump Grinder Building on the success of the Model ZT1844, Bandit has released the SG-40. Being more compact and lighter in weight compared to other machines in this size range, the SG-40 will manoeuvre into tight areas with low ground pressure from its zero-turn rubber tracks. A super narrow 74cm width means the SG-40 fits through a standard doorway.

Plenty of power comes from the 38hp Kohler EFI engine, fitted with an enhanced drive belt system. Clever cutter wheel design means that just 8 of the 900 series Greenteeth are fitted. You’ll get amazing stump busting performance with lower tooth costs, and quicker maintenance times using this wheel set-up.

Bandit SG-75 Track Stump Grinder

The second new release from Bandit is their larger SG-75 track stumper. Bandit’s engineers have absolutely loaded this machine with class leading features including:

  • Kohler 74hp turbo diesel with 221ft/lbs of torque. This is 68ft/lbs more than the 67hp engine used by the competition. 44 per cent more torque mean much faster grinding
  • An additional 15-20 cubic feet of chip containment volume is under the machine
  • It cuts 23” (59cm) deep, not 16” (40cm) deep like other brands
  • Standard with full radio remote controls
  • Standard with a mulch blade for fast site clean ups
  • Tracks retract in to 35” for tight jobs, then expand to 74.5” for stability when grinding

Extensive testing in Australia has shown that Bandit’s SG-75 destroys our biggest hardwood stumps, reliably and with ease.

What else is different about these two grinders? It’s the people who stand behind the product. The equipment supply business is all about providing fantastic after-sales parts and service support. What use is any machine without that critical support?

Bandit Tree Equipment have been in the game since way back in 1986, and their goal is simple – to ensure that you have an outstanding experience with your Bandit machine, every day. It’s as simple as that.

To get the full rundown on these two machines and their other grinders, call Bandit Tree Equipment on 1800-681733, and visit www.banditchippers.com.au

October 13, 2020 / by / in ,
CTE Traccess 200

Every arborist out there will back me up when I say the tree industry is extremely testing on machinery and equipment. Spider Lifts are no exception. Stability in the basket, quick set-up, reliability and durability are all key defining traits that shape the makings of a top-quality spider lift.

When the opportunity popped up to catch up with the team at Platform Sales and take a look at the new CTE Traccess 200, we jumped at the chance as this spider lift has some impressive specs, along with a clean and simplified approach to its features and operation.

Firstly, this machine has been designed to operate with a 250kg working limit across its entire range. That’s two big blokes and a chainsaw all day long anywhere across its 8.5m reach and 20m height.

With its extendable track width, which will reduce to under 800mm to get you through a doorway, once you have removed the basket (a process which takes less than a minute), dual drive speed, hydraulic basket levelling and no electronic limiter, the T200 is known for its easier use: ideal for tree maintenance professionals or novice users and hire companies alike.

Both the extension cylinder and the electrical and hydraulic systems are inside the arm, protected from weathering and debris. The electrical system and catenary are housed inside the arm, protected from the risk of getting caught up with other elements during operations – a feature that will keep both safety and longevity at the top of an owner’s list.

The design of this platform has been studied extensively to enable access and transit even in confined spaces thanks to its extreme compactness. The jib allows easy access to hard-working access areas that require a negative work angle.

To put the CTE 200 through its paces, we enlisted the help of Ben Zacka from Bob and Ben, The Tree Men. Ben was a perfect choice, since he owns the little brother of the CTE 200 and has put more hours on his machine than probably any other owner of a CTE Spider lift in Australia. After watching Ben spend a few minutes getting familiar with the feel of the spider lift, he pretty much went straight up to full tilt of 20 meters. There was wind on the day of testing, but even on the ground, I mentioned how solid the basket looked to be at full height. Ben responded: “The basket felt 100 per cent solid, I was impressed just how tight it was at that height. It was a very impressive test to start with. There was no movement. Another great feature is the fact that you can position the basket to anywhere within the work enveloped, without getting a single alarm of warning. The machine can go anywhere in its range with two big blokes and their gear, which provides great efficiencies and productivities.”

I wanted to get an idea of the kind of durability, and reliably operators can expect from CTE, so I asked Ben about his CTE170. Ben had a laugh and answered: “Even the guys at Platform Sales are amazed by the workload that we get through with our CTE170. It’s working 5-6 days a week, with a crew of guys all day long. We cannot fault the performance and reliability of this machine. It must be one of – if not the best – investment we have made for the business. It’s easy to load/unload on-site, the speed and ease of removing the basket and narrowing the tracks to access doorways, gates and other narrow passageways are exceptional. But best of all is the impressive work envelope available from such a compact and easy machine to manage.”

Ben and his team have been servicing the Sutherland Shire and greater Sydney area for more than 20 years, specialising in a range of services including Strata Complexes, Residential through to large commercial and Government clients. With a team of over a dozen employees, it’s essential to have a fast and reliable spider lift with zero to minimal downtime.

When asking Ben what he loved about the CTE range, he shared: “These machines have been built from the ground up with simplicity in mind. The less complicated electronic and components there are, the less there is to go wrong with them. The other winning part of the equation is the reach and sturdiness of the machine.”

For more information on the CTE range go to www.platformsales.com.au

October 11, 2020 / by / in ,
Unrivalled and Unparalleled

Introduced into the Australian market by Global Machinery Sales, CMC Aerial Platforms offer a range of compact and highly manoeuvrable spider lifts as well heavy-duty spider lifts with big height and reach.

The CMC spider lifts that Global Machinery Sales stock for the Australian market range from 13 metres in height through to 41 metres. Each lift has an impressive outreach, powerful engine and large basket capacity.

Global Machinery Sales has worked diligently with top EWP dealers in America and Europe to bring you the world-renowned leader. They wanted to pick the world’s best brand once and not have to pivot between brands and suppliers, by finally bringing superior quality and value to the EWP market in Australia.

After speaking to CMC dealers who have sold alternative brands in the past, Global Machinery Sales found how happy they are and how superior the CMC product is compared to other brands, CMC seemed the obvious choice. The dealer in the USA sells 500-600 CMC lifts per year, stating it was the best decision he ever made, minimal warranty issues, great support and a very well built machine.

Introducing the F-Series Lifts

CMC has just recently introduced the F-Series lifts to the Australian market.

These lifts are specifically designed to be the easiest and fastest lifts on the market. Great for use in narrow, sloped, and other difficult locations, the CMC F-Series lift can get places that a boom or trailer-based lift cannot. Their low-cost and ease of operation ensures that your operational costs are kept low, providing the best ROI of any lift available today.

The F-Series features direct hydraulic controls and operation. They are powered by a variety of options such as Honda petrol, plug-in electric, and lithium-ion battery power. This wide variety of options will let you choose the right system for your needs and budget.

The all-new F-Series line has a compact width of 81cm, allowing access through standard doorways and the ability to travel through narrow corridors.

Like all CMC models, the F Series comes with Remote Hookup, so you are never far away. The team at Global Machinery Sales can connect with you through various devices.

The controls on the F-Series are all direct hydraulics, allowing for simpler and more intuitive operation. F-Series features powerful track drive systems that expand and retract.

Global Machinery Sales will now be stocking the CMC S18F with safer, non-slip outrigger pads and basket rotation made specifically with the tree industry in mind. The all-new CMC S18F will be available from under $100,000 including G.S.T

 “CMC has just recently introduced the F-Series lifts to the Australian market.”

The CMC S19E Spider Lift

The CMC S19E is easy to operate, easy to maintain and is perfect for hire! Only one work area with 200kg – unrestricted!

The CMC S19E is a narrow tracked boom lift. It is ultra-compact and user-friendly, with intuitive controls and no fuss

The S19E can pass through a single doorway and can operate in the tightest of space. The S19E has an impressive height and outreach with a maximum basket capacity of 200kg.

Cmc S19hd Track-Mounted Lift

The CMC S19HD is a track-mounted spider style mobile elevated work platform and it has been designed with your job in mind. “The tree industry is tough and any steps we can take to make it easier and safer are welcome, which is where the CMC S19HD comes in. It’s here to do exactly that,” Brian Evans added.

“Impressive side reach, so stable and secure!” – this is the first reaction and comment from everyone that takes a ride on the heavy-duty S19 Spider Lift.

It features an extremely compact stabilisation area with full side reach, including the ability to self-level on steep-sloped floors and terrain.

In addition, the S19HD is also capable of setting up in “narrow mode”, with an even smaller footprint. This special feature means reduced outreach, however, the lift is still capable of full 360° rotation and full vertical height. Designed and built with a configuration of one lower riser pantograph and two-telescopic boom extensions, the S19HD has a 200kg basket capacity and 180° basket rotation, with close to 19m of working height.

CMC S25 Spider Lift

If the S19HD doesn’t fit your height requirements no need to worry, the CMC S25 tracked spider lift will fit your needs perfectly. This reliable 25m working height lift has an impressive 14m outreach.

The S25 is a self-propelled tracked aerial platform, designed with 1 articulating/1 telescopic lower boom and 1 articulating/2 telescopic upper booms, plus an articulating jib on the end. This combination allows for best work manoeuvrability and outreach.

A quick-release 180° rotating basket with triple safety locks rounds out this great lift that is a pleasure to work with. Standard basket size is 1.70m wide. Other smaller basket sizes are also available to best fit your application.

The S25 comes equipped standard with two stabilisation areas and six possible outrigger configurations. With incredibly compact dimensions of 1.01m x 2.045m x 6.05m (WxHxD), in the closed travel position, this serious aerial work platform is capable of entering virtually any door. Quiet diesel engine/240v electric hydraulic power pack is standard. Also available with the hybrid power source. The CMC S25 takes the place of the best-seller S24, improving its performance and reliability.

CMC S28 Spider Lift

The CMC S28 Is an unstoppable platform with unparalleled performance. Unrivalled and unparalleled. Thanks to the most advanced technology and the choice of high-performance materials, it is able to work almost anywhere. The intuitive operating system and the unparalleled manoeuvrability make it an extremely versatile platform capable of overcoming any obstacle. The indication of the error code and a quick and easy operation make S28 a must-have in every fleet. Thanks to the performance of the stabilizers, S28 is self-loading on a truck.

Please call Global Machinery Sales on 1300 072 926

For more information visit www.globalmachinerysales.com.au

October 9, 2020 / by / in ,
Review Of NSW WHS Law

An update from the Timber Trade Industrial Association about what has changed in the NSW Work Health and Safety Act 2011 (the Principal Act).

There is no doubt that for some time trade unions have been pressing for a criminal offence of “industrial manslaughter” to be inserted into all work health and safety legislation in Australia while at the same time opposing any more stringent duties and penalties for workers who breach safety requirements. The unions’ goal has been to expose employers or PCBUs and the most senior corporate officers to prosecution for industrial manslaughter where there is a workplace death or serious injury or illness or where a person has been exposed to the risk of death or serious injury or illness. The unions also want massive monetary penalties to apply to all personal and corporate offenders and 25 year gaol terms for the most senior corporate officers.

The most recent review of the model (federal) Work Health and Safety Act, on which the NSW WHS Act is based, recommended that an industrial manslaughter offence be included in the legislation, despite having indicated specifically throughout the review that there would not be such a recommendation. Following that review, the Labor governments of Victoria, Queensland and Western Australia have legislated along these lines.

What has changed in the NSW Work Health and Safety Act 2011 (the Principal Act) The NSW

Government has now passed the Work Health and Safety Amendment (Review) Bill 2020, (the Amendment Bill), but it has not included the industrial manslaughter offence. Rather, it amends the Principal Act by introducing a new fault element into the Category 1 offence in section 31. Category 1 offences are the most serious offences under the Principal Act.

A Category 1 offence is currently committed where a person (including a corporate legal person), who has a health and safety duty to an individual under the Principal Act:

  • Without reasonable excuse
  • Engages in conduct that exposes that individual to a risk of death or serious injury or illness
  • And the person with the duty is reckless as to the risk to the individual of death or serious injury or illness

However, in addition to the recklessness offence (which is said to be very hard for the prosecution to prove) the Amendment Bill now also makes it an offence (carrying the same monetary and gaol term penalties) for the person (including a person conducting a business or undertaking – PCBU) with the health and safety duty to – with gross negligence – engage in conduct that exposes the individual to a risk of death or serious injury or illness.

“Gross negligence” is not defined in the Principal Act nor the Amendment Bill, however it is well known in criminal law as:

“A conscious and voluntary act or omission performed without intent to cause death or grievous bodily harm but which involved such a great falling short of the standard of care which a reasonable person would have exercised and such a high risk that death or grievous bodily harm would follow that the act or omission merits criminal punishment”

(Nydam v The Queen [1977] VR 430).

It is anticipated that the gross negligence offence will be easier for the prosecutor to prove and, therefore, that there are likely to be more prosecutions on this score. This is likely to be so notwithstanding the very significant reduction in workplace fatalities over the last decade (down well over 50 per cent nationally).

However, the penalties in the NSW WHS legislation (the Principal Act as amended by the Amendment Bill) remain lower that in those States and Territories which have introduced industrial manslaughter offences. [See table on pages 66-67]

The revised penalties in the NSW legislation are as follows:

  • $346,500 and/or 5 years imprisonment (old penalty $300,000/5 years) for a person (other than an officer of a PCBU or an individual who is a PCBU)
  • $692,500 and/or 5 years imprisonment (old penalty $600,000/5 years) for a person who an officer of a PCBU or who is a PCBU
  • $3,463,000 (old penalty $3,000,000) for a body corporate

The Amendment Bill came into effect on June 10, 2020.

 

Note again that it is the risk of death or serious injury or illness that is pivotal; a death or serious injury or illness may occur, but neither is required to bring a Category 1 prosecution. Regulators will be able to prosecute duty holders who are alleged to be grossly negligent and whose workers or other people are alleged to be exposed to a risk of death or serious injury or illness whether or not a worker is killed, injured or ill.

Technically, there may not even be an accident. It is almost certain that a prosecution may be launched on the basis of an inspector’s, or an employee’s, allegation of a significant risk.

Clarification That Workplace Deaths May Be Prosecuted As Manslaughter Under The Crimes Act 1900

The Amendment Bill inserts a note in the part of the Principal Act that sets out offences and penalties to make it clear that workplace deaths may be prosecuted as manslaughter under the Crimes Act 1900. It has long been the case that a work-related death can be prosecuted as manslaughter by criminal negligence. This is an offence for which the Crimes Act imposes a maximum penalty of 25 years’ imprisonment. There have not been any such prosecutions in NSW, but they could be possible in some circumstances.

Extension Of Time In Which To Bring A Prosecution

The amendments extend the time within which a person can make a request that a regulator bring a prosecution in relation to a workplace incident involving a risk of death or serious injury or illness from 12 months to 18 months.

New Offences For Insurance Or Indemnity Arrangements Which Cover Work Health And Safety Penalties

In detailed provisions, the amendments make it an offence for a person:

  • Without reasonable excuse – to enter into or benefit from insurance or indemnity arrangements for liability for a monetary penalty under the Principal Act as amended by the Amendment Bill. If a body corporate commits the new offence, its officers may also be liable
  • To provide insurance or a grant of indemnity for liability for a monetary penalty under the Principal Act as amended.

Penalties In The Principal Act To Be Adjusted In Line With CPI

The maximum penalties for the over 70 offences in the Act have been adjusted to reflect increases in the consumer price index since 2011 and create a mechanism to automatically adjust penalties annually to reflect changes to the consumer price index in the future.

Inspectors Powers: “Streamlining” Investigations And Sharing Information

Inspectors will be able to require the production of documents and answers to questions to 30 days after they or another inspector have entered the workplace without having to re-enter the workplace.

The amendments clarify the extent of work health and safety regulators’ ability to share information with regulators in other jurisdictions if it is relevant to a workplace incident being investigated in another jurisdiction (including personal or health information). They can now serve notices by post and email, rather than by personal service.

A Person Can Be A Worker And PCBU

Notes have been inserted in the Act to make it clear that a person can be both a worker and a person conducting a business or undertaking (PCBU) at the same time. In complex, multi-contractor worksites, the Act intends that a contractor or subcontractor in a contractual chain can be both a worker owed a duty by persons conducting a business or undertaking further up the chain, and a person conducting a business or undertaking who owes duties to workers further down the chain.

Health And Safety Representatives Can Choose Their Own Training

At present, the Act provides that health and safety representatives (HSRs) can choose their course of training but must do so in consultation with persons conducting a business or undertaking. The amendments now provide that HSRs are entitled to choose their course of training and need only consult and agree on reasonable costs associated with the training.

Dangerous Goods and High-Risk Plant

The amendments strengthen regulators’ ability to take compliance action in relation to dangerous goods or high-risk plant that affects public safety. The amendments make it clear that the Act applies to dangerous goods and high-risk plant that are stored, handled, operated or used in premises that are not a workplace or for use in carrying out work.

I urge any member who does not utilise the TTIA Workplace Health and Safety Unit to contact Ken Hocking on 0418 280 335 and arrange a workplace safety check-up – a thorough safety management system and regular safety audits form a critical part of any defence in a workplace safety prosecution.

For more information, feel free to contact the TTIA office on (02) 9264 0011 if you have any further queries on this new safety bill.

October 8, 2020 / by / in ,
Personal Protective Equipment

Using the right gear for the job.

Arborists will typically need to negotiate a wide range of hazards from one job to the next, and for this reason it is important to ensure that every precaution is taken to manage risks, including using personal protective equipment (PPE).

Both employers and employees should play an active role in assessing the nature of the risks presented across different tasks, from working at heights, to tree felling, to operating heavy machinery, and need to ensure that the right PPE is being utilised. From hard hats to gloves and eyewear, PPE can be deployed across different operations as part of a wider and comprehensive approach to risk management.

Risk Management And PPE

Safe Work Australia (SWA) states that PPE is “anything used or worn to minimise risk to workers’ health and safety”, including: boots, ear plugs, face masks, gloves, goggles, hard hats, high-visibility clothing, respirators, safety harnesses, safety shoes and sunscreen.

It is important to be aware of the role of PPE in the context of the hierarchy of risk control measures (actions taken to eliminate or minimise health and safety risks, so far as is reasonably practicable), with SWA advising that PPE is ranked as a level 3 control measure, stating that:

“Level 3 control measures do not control the hazard at the source. They rely on human behaviour and supervision, and used on their own tend to be least effective in minimising risks. Workplaces must not rely on PPE to satisfy their hazard control requirements.”

As such, PPE should only be used as a last resort, as an interim measure and as a back-up, with SWA stating PPE works best when used “to supplement higher-level control measures, or when no other safety measures are available”.

PPE Applications

Of course, businesses will need to assess and manage the risks presented by individual projects, weighing up the range of unique factors that may potentially impact operations, and then take the appropriate steps.

SWA’s Guide to Managing Risks of Tree Trimming and Removal Work advises that PPE should be used for all tree access tasks, and outlines a number of different scenarios in which PPE is part of a range of control measures, including:

Elevated work platforms for tree trimming – wearing PPE such as a safety helmet, gloves, eye protection and safety footwear, while chainsaw operators should also wear cut-resistant leg protection and hearing protection.

Operating in the vicinity of overhead electric lines – using PPE such as cotton or fire-retardant long-sleeve clothing, insulating gloves, protective non-slip safety boots and a safety helmet

Wood chipper operation – PPE to protect eyes and hearing; wearing close-fitting clothing without loose cuffs, straps or strings; gloves should be single-stitched and have long close-fitting cuffs that can be tucked into the sleeves.

Stump grinder operation – wearing PPE such as respiratory, eye, hearing and foot protection

Chainsaws – specific PPE, including a safety helmet, hearing, eye, leg and foot protection, for and

Pole saw operation – PPE such as respiratory, eye, head, hearing and foot protection, and a harness

Powered hedge trimmer operation – wearing PPE such as gloves, eye, head, hearing and foot protection

Processes for clear felling – PPE suitable for the task being carried out, such as a safety helmet, hearing protection, eye and face shields, high-visibility clothing, safety footwear and leg protection.

For more information visit www.safeworkaustralia.gov.au

October 7, 2020 / by / in ,
Introducing The All New CMC F-Series

CMC Aerial Platforms offer a range of compact and highly manoeuvrable spider lifts as well as heavy duty spider lifts with big height and reach.

The CMC spider lifts that Global Machinery Sales stock for the Australian market range from 13 metres in height through to 41 metres. Each lift has an impressive outreach, powerful engine and large basket capacity.

Global Machinery Sales has worked diligently with top EWP dealers in America and Europe to bring you the world renowned leader. They wanted to pick the world’s best brand once and not have to pivot between brands and suppliers, by finally bringing superior quality and value to the EWP market in Australia.

CMC F-Series Lift

CMC has just recently introduced the F-Series lifts to the Australian market. These lifts are specifically designed to be the easiest and fastest lifts on the market. Great for use in narrow, sloped, and other difficult locations, the CMC F-Series lift can get places that a boom or trailer-based lift cannot. Their low-cost and ease of operation ensures that your operational costs are kept low, providing the best ROI of any lift available today.

Features

The F-Series features direct hydraulic controls and operation. They are powered by a variety of options such as Honda petrol, plug-in electric, and lithium-ion battery power. This wide variety of options will let you choose the right system for your needs and budget.

The all new F-Series line have a compact width of 81cm, allowing access through standard doorways and the ability to travel through narrow corridors.

The controls on the F-Series are all direct hydraulics, allowing for simpler and more intuitive operation. F-Series features powerful track drive systems that expand and retract.

Global Machinery Sales will now be stocking the CMC S18F with safer, non-slip outrigger pads and basket rotation made specifically with the tree industry in mind.

The all new CMC S18F will be available from under $100,000 incl GST.

For more information call 1300 072 926 or visit www.cmclifts.com.au

October 6, 2020 / by / in ,