community – Page 17 – SafetyAtWorkBlog

The intersection of OHS and public liability becomes more urgent

In mid-November 2010, a gymnasium in Queensland was fined A$70,000 following the death of a 19-year-old Michelle Maitland. Ms Maitland fell and hit her head on a part of the floor that was not covered by a safety mat. The case has been regularly reported in Queensland media since the death in June 2009 and the reports provide additional details of the fall and the hazard control measures that could be considered.

Workplace Health & Safety Queensland was unable to provide SafetyAtWorkBlog with details of the case or comment as the gymnasium has lodged an appeal against the judgement.

This tragic death is the latest illustration of a challenge that businesses and OHS regulators have faced regularly – the line between public liability and occupational health and safety law. Businesses have applied a rule of thumb where injuries related to work activities are OHS matters but risks presented to customers or visitors who are in the workplace have been dealt with through public liability insurance. The Maitland case shows that businesses may face an insurance payout as well as an OHS prosecution.

The significance of this demarcation will greatly increase with the introduction in Australia of new laws that redefine a “workplace” as wherever work is being undertaken. Continue reading “The intersection of OHS and public liability becomes more urgent”

Asbestos prosecution highlights community risks

A recent asbestos-related prosecution by WorkSafe Victoria illustrates the prevalence of asbestos as an environmental, public and occupational problem.

According to a media statement on 5 November 2010,

“Joshua Luke Marshall, operating as Affordable Demolitions and Asbestos Removals, told two separate homeowners he was licensed by WorkSafe to carry out asbestos removal work, although he didn’t hold a licence….”

“…The first incident was in January 2009, when Mr Marshall was hired to remove asbestos cement sheeting from a house in Corio.

Mr Marshall was halfway through the job when a WorkSafe inspector arrived at the property in response to an anonymous complaint.

“What our inspector found when he walked onto the property was unbelievable,” Continue reading “Asbestos prosecution highlights community risks”

Suicide research and cultural change

I often have my “western” assumptions punctured by evidence from the non-western or majority world. Recently SafetyAtWorkBlog has reported on workplace suicide statistics but a report made available through the World Health Organisation says

“Low-income countries in Asia and the Pacific have the highest burden of suicide in the world. These countries are among the poorest globally, and face many social and political challenges.”

This report reminds me that although the westerners may claim to be short of resources, most countries have much less yet are still morally obliged to provide social support. It also speaks about cultural change and the application of new strategies. Continue reading “Suicide research and cultural change”

The stress of the wrongly accused

All work is stressful but by educating ourselves and with the support of colleagues and a strong and healthy professional association, it should be possible to function safely. That is the ideal but reality often seems to fall short.

Recently I was contacted by a person who had heard me speak about workplace bullying and wanted to know what they could do as they have been accused of being a bully. I contacted the person’s professional association who advised that they have no processes for dealing with those accused of bullying, only victims. There were few options for the person other than seeking legal advice.

This experience reminded me of how damaging and stressful it can be to be under investigation, regardless of whether the action is justified. Continue reading “The stress of the wrongly accused”

Australia’s Safety Week

The last week of October each year is Safety Week in Australia. It exists under different names in each State but everyone coordinates events for the same time each year. Below are some links for further information, some are more developed than others.

In 2009, I was a Safety Ambassador for Safe Work Australia and found that if one was prepared to give, the rewards were ten-fold.

If you are in Australia I strongly recommend attending one of the many free OHS information events. If you are outside Australia, regularly check the Australia OHS regulator websites for some innovative approaches to safety and its promotion.

Australian Capital Territory (yes, the ACT has a month of activities)

Western Australia

South Australia

Kevin Jones

The potential of Safety Impact Assessments

For some time, several countries have had legislation that require Environment Impact Assessments. Why don’t we have Safety Impact Assessments?

Often safety issues are applied retrospectively in project development. Often the application is impeded by actions or pathways that are already in place, although embryonic.

There is evidence that safety performance can be greatly improved by having safety considerations at the very early design stages of projects. Perhaps, rather than simply stating “safety is important”, the commitment to safety be more overtly stated in a formal manner at the project design stage. Continue reading “The potential of Safety Impact Assessments”

Death at work differs from work-related death

Often immediately following an incident, the safety manager receives a brief phone call “There’s been an accident.” Information is scarce and, in my experience, often wrong or more fairly inadequate. in OHS there will always be an assumption that an injury or death is work-related as that is our patch but people die every day and they can die anywhere, even in your workplace. Is this a workplace incident? Yes. Is it an occupational incident? not necessarily.

It is vital in those first moments of confusion and panic, not to jump to conclusions and rush out to the incident site. If it is your responsibility you will become involved but often, by asking a few simple questions, you are able to avoid this confusion and avoid worsening the situation by “butting in” where you are not needed.

I was reminded of this when reading about a coronial inquest into two suicides that occurred at an Australian shooting range in October 2008. These two incidents occurred at a workplace but not from work-related activities. There may have been some workplace management issues that, in hindsight, relate to supervision or security but these are the type of issues that the Coroner will investigate.

The deaths are reportable to the OHS regulators as they occurred on a workplace but it is unlikely that the regulator will put a lot of resources into the investigation given the Police and Coroner are investigating.

Category: community

The intersection of OHS and public liability becomes more urgent

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Asbestos prosecution highlights community risks

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Suicide research and cultural change

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The stress of the wrongly accused

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Australia’s Safety Week

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The potential of Safety Impact Assessments

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Death at work differs from work-related death

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