Northern NSW will make the switch to digital-only TV on 27 November 2012.

Northern NSW will make the switch to digital-only TV on 27 November 2012. From this date residents in the North West Slopes and Plains, Northern Rivers, Richmond/Tweed or Hunter area of NSW will need a digital TV, digital set-top box or digital recorder to continue watching free-to-air TV.

For those who need help making the switch, assistance is available. The Household Assistance Scheme allows eligible people across the switchover region to have digital ready equipment installed in their homes. The Household Assistance scheme also provides in-home aftercare support for 12 months. Those wanting more information about the switch to digital TV in Northern NSW should visit www.digitalready.gov.au or call the Digital Ready Information Line on 1800 20 10 13.

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The peak Australian electrical industry body the National Electrical and Communications Association (NECA) is calling on the NSW Government to protect electrical and communications contractors caught up in the alarming amount of insolvencies that have been occurring in the
state’s construction industry recently.

In a submission to a NSW Government inquiry looking into construction industry insolvency, NECA calls for the introduction of a number of measures including the compulsory payment of retention sums into trust accounts, to safeguard these payments to sub-contractors in the event of insolvency and sub-contractors being treated with the same priority creditor status as employees.

NECA NSW Executive Director Oliver Judd said, “NECA is alarmed at the rate of failure and insolvencies that have hit the NSW construction industry recently.

“Almost all of our members carry out work in the construction sector and a number of them have been badly affected by the spate of recent business failures which have seen them lose significant payments or even face insolvency themselves as the principal contractor fails to pay them for work they have carried out in good faith.”

Some NECA members have lost money on a number of occasions as the slump in the NSW construction sector worsens. Examples include;

• one small electrical contractor losing $280,000 over four years following the collapse of four of its client builders;
• another was left being owed $30,000 in payments following the insolvency of the Reed Group in June. The same member lost $20,000 when a builder in Wollongong failed; and
• a third NECA member lost $350,000 in unpaid payments in the Reed Group collapse and also lost $110,000 it had invested in plant and equipment.

“Many of our members are small electrical companies with only a handful of employees and cannot afford to lose these sort of sums,” said Mr Judd.

“This situation cannot be allowed to continue and we call on the NSW Government to act as soon as possible to protect electricians and other sub-contractors being forced to suffer through no fault of their own.”

In its submission NECA states that the preferred method of ensuring sub-contractors get paid in the event of an insolvency is through legislation that requires clients or principal contractors to establish retention payment trust accounts.

Other methods could include the client or main contractor taking out insurance indemnifying sub contractors for loss and elevating the status of sub-contractors to preferred creditors so that they are in the same position as employees of businesses that become insolvent.

NECA is the peak industry body representing the interests of over 5,000 electrical and communications contractors Australia-wide. For further information go to www.neca.asn.au.
Media enquiries and interviews:
Oliver Judd – Executive Director NECA NSW 02 9744 1099 / 0400 134 569

The Primary Duty of Care of the business to workers and other persons is expressed under Section 19 under the new model WHS Act.  It can be likened to Section 8 under the old NSW OHS legislation, in that most WHS prosecutions will rely on these obligations to bring a case.

Section 19 alludes to the need to provide a work environment without risk, the provision of appropriate safety resources, provision of safe systems of work, ensuring safe use, handling and storage of plant, structures and substances, provision of adequate facilities for the welfare of workers, provision of information, training, instruction and supervision, and monitoring to ensure prevention of injury and illness.

In the event of an incident the prosecution will argue that the business has failed in its duty to meet these requirements.  The business need to be able to run a defence that provides clear evidence that all relevant matters that might impact on the health, safety and welfare of the workers have been addressed as far as is reasonably practicable.  One of the best ways of doing this is to have systems in place that allow you to demonstrate your duty of care.

First, that you have identified safety critical areas, and that these areas are addressed with systems of work such as procedures and work practices, are appropriately resourced and adequate information, training, instruction and supervision is available.

Clearly, an ability to demonstrate planning and communications is a big part of this process followed up with the appropriate and timely identification and control of hazards and associated risks.

Every system will have “weaknesses”, in both its formulation, application and due to a changing work environment.  These “flaws” should be indentified and rectified as a routine.  A good management system will be able to demonstrate that this process is working with appropriate communications, reporting and review channels toward a more optimal system, and responsive to change.  Management should be able to demonstrate a degree of initiative in identifying and acting on the safety critical issues.

Having a documented system is a key initial step in this process.  Being able to demonstrate that you are using the systems through records is a desirable place to be.

In the event of an incident under the old NSW or Queensland legislation it was reasonable to expect that a prosecution would lead to a finding of criminal guilty and the existence of a management system might help to mitigate the penalty.  Under the new model legislation you can use the system as a defence to demonstrate that you did all that is reasonably practicable and therefore seek to be cleared.

The other point is that if your management systems are sound then you should be on a path of continuous incremental improvement aimed at creating a robust system, where the likelihood of serious prosecutable incidents in diminished.

At what cost? – you may well ask.

The annual Workers Compensation bill for our NSW members has been estimated at around $15 million.  Experience premiums are well in excess of costs.  A well structured continuous incremental improvement program needs to be managed but it is largely driven through the involvement of all participants at the margin.

What the management system does is provides the foundation upon which those low cost improvements are based.  Low cost because we attack the existing processes to make what you already have, work more effectively and safely rather than making what could be unnecessary capital expenditure.

The system is available to NECA members for $2,200.  Give the OHS Department a call on 02 9744 1099 or email NECASafe@neca.asn.au to find out more on how to implement the NECA Safety Management Systems in your workplace.

This article was provided by NECA NSW, National Electrical Communications Association.

NECA is the peak industry body representing the interests of electrical and communications contractors Australia-wide. For further information please go to http://nsw.neca.asn.au/ or contact NECA Work, Health and Safety on 02 9744 1099.

Cooper Bussmann, the leader in critical circuit protection, power management and electrical safety, has strengthened its industrial IEC fuse link and fusegear business following the acquisition of GE Industrial Systems’ British Standard fuse-link product portfolio.

The acquisition now means that familiar brands such as ‘Red Spot’ fuse holders and ‘Safeclip’ will join Cooper Bussmann’s already comprehensive range of overcurrent circuit protection products for IEC markets.