Telling is better than being exposed

Many OHS laws place obligations on employers to notify regulators (   )  of any particularly serious (often defined) incidents.  In many jurisdictions regulators are sometimes informed of work-related hospital admissions, for instance, even if employers do not notify.  But there is substantial benefit in notifying the regulators early.

Anecdotal evidence shows that by facing up to the reality that an incident has occurred is less costly in the long term as this shows that one is aware of one’s OHS obligations and willing to apply them.

The wisdom of reporting incidents in a timely manner is perhaps illustrated by a 17 December 2010 article in The Age newspaper.  It is rumoured that incidents involving apprentice tiler Kane Ammerlaan may not have been reported to the OHS regulator in Victoria, WorkSafe.

Prompt reporting may not have been able to improve Ammerlaan’s situation relating to the fall but investigations into this possibly life-changing incident could have begun much earlier, and when evidence was easier to collate.

Ammerlaan also alleges that:

‘Through my six weeks I was constantly abused. There was a lot of verbal abuse; they’d throw stuff at me; I was shot with a nail gun on a few occasions.”

This may raise, yet again, the safety issue of the treatment of young workers and apprentices; an issue on which the community seems to require regular reminding.

Kevin Jones

Make buying a business a safe choice

A recent prosecution by SafeWorkSA illustrates an odd situation but one of considerable importance.

The media release of 15 December 2010 reports on the the penalties given to Hermes Precisa Pty Ltd (A$24,600) and Salmat Document Management Solutions Pty Ltd (A$22,400) for breaches of OHS law in May 2008.  The circumstances of the offence are:

” A male plant operator was working with a large guillotine to remove the spines from stationery, when his fingertips were crushed by the clamp of the machine, necessitating their eventual amputation. He remains employed by the company.

The investigation revealed that the employee had received only verbal training and instruction on the use of the machine, and was required to use a wooden block to square up stacks of papers that were to be trimmed.

SafeWork SA told the court that the wooden block was insufficient to protect the worker’s hand and neither company provided safe systems of work for the task involved.  A purpose-built blocking tool that did protect the operator’s hand had been lost a year previously. “

The obvious lesson from the incident is in the last paragraph – maintain safety equipment and replace what is broken or lost.

But the curious element of the prosecution is that it is rare for two companies to be prosecuted and guilty for the one offence.   Continue reading “Make buying a business a safe choice”

New documentary of the politics of OHS regulation in the United States

Two years ago, Rachel Maddow in the United States reported on the performance of the Occupational Safety & Health Administration (OSHA) under President George W Bush revealed by the Washington Post.  Cavelight Films is in the process of completing a film, Cost of Construction, First video below) which looks at the big OSHA and political context as it relates to the safety performance on a major construction project in Las Vegas.

From the trailer above, and additional information available through the Cavelight website, the film  illustrates the dubious societal value of basic capitalist approaches to workplace safety. Continue reading “New documentary of the politics of OHS regulation in the United States”

Neglect by company directors found to have contributed to death of worker

It is always fascinating to hear of directors of companies being found personally guilty for workplace health and safety breaches because it seem to happen so rarely.

The latest instance in Australia occurred on 3 December 2010 following a 2007 death of a 22-year-old rigger named Luke Aaron Murrie.  Below is WorkSafe Western Australia‘s media release on the case.

“A Malaga hoist and crane company has been found guilty of failing to provide and maintain a safe workplace and, by that failure, causing the death of a worker.

Two Directors of the company were also found guilty of breaching a section of the Occupational Safety and Health Act dealing with offences that occur with the consent or connivance of a Director or are attributable to the neglect of the Director. Continue reading “Neglect by company directors found to have contributed to death of worker”

Election failure, missed opportunities on bullying

Within the last week, Victoria’s State Premier, John Brumby, lost an election allowing the conservative parties in the Australian State to gain power, narrowly, after over a decade in isolation.  Election pledges are now only of historic interest but let’s look at a couple.

The crime of workplace bullying

According to the Australian Financial Review on 2 November 2010 (not available without subscription), John Brumby pledged to have a legal review into the “creation of the offence of bullying under the Crimes Act”.  The Victorian Chamber of Commerce & Industry‘s (VECCI) Steven Wojtkiw opposed the pledge because existing OHS laws were sufficient.  Taking the election context away for a moment indicates a  challenge for those anti-bullying advocates.  Wojtkiw is quoted as saying

“To introduce a greater level of legislative prescription in the area may only add to the increasing complexities already being confronted by employers in managing a modern workplace.”

It could be argued that if industry had already introduced an appropriate approach to reducing the likelihood of bullying in the workplace John Brumby would never have felt the need to make such a pledge.  In many cases, anti-regulation laissez-faire business lobbyists could reduce the “insidious elements of the nanny state” by doing right by their workforce in the first place.

Bullying and harmonisation

Michael Tooma of Norton Rose is quoted in the same article but Tooma uses Brumby’s pledge as an example of another but different nail in the coffin of Federal OHS reform.   Continue reading “Election failure, missed opportunities on bullying”

Analysis of Montara oil spill reports begins

Legal analysis of the Montara oil spill inquiry reports have started to emerge.  One of the first is by Allens Arthur Robinson (AAR).  It does not discuss safety specifically but in many people’s minds Montara was not an occupational safety disaster as no one was injured.  To many the explosion has far more relevance as an environmental or process safety matter but considerable benefit can be gained by realising the Montara oil disaster was a substantial near-miss.

AAR looks at broader impacts of the Australian government’s response to the disaster.  AAR states that “we can expect to see moves by the Federal Government towards establishing a national regulator.”  Why should such a move only apply to offshore petroleum exploration?  If there is considerable administrative and regulatory advantages in a single petroleum exploration regulator, why not apply the same approach to the regulation of workplace safety? Continue reading “Analysis of Montara oil spill reports begins”

Consultation and issue resolution should be top OHS priorities

Labour law firms in many cities conduct free seminars on the legal issues of the day.  These may involve union right-of-entry, OHS changes, privacy or right-to-know.  The seminars are intended to generate custom by showing how informed and professional the legal firm is.  Commercially for the firm, the seminars are a good idea.  For safety consultants and small business operators, such seminars can be invaluable.

Recently in Melbourne, a prominent law firm, Freehills, conducted a breakfast seminar on “Tips on managing legal risk following a workplace incident” at which a short time was spent at the end discussing OHS harmonisation changes and the expected impacts of the legal changes on business.  (Off-blog I received an email about this matter only last night as it relates to schools.)  Freehills’ Senior Associate, Steve Bell, presented the following graph. Continue reading “Consultation and issue resolution should be top OHS priorities”

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