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Religious wisdom on workplace safety

It is rare to visit the Bible when thinking about occupational health and safety but this week Australia’s Uniting Church, its Creative Ministries Network and the United Voices trade union released a report on the working condition of shopping centre cleaners. In the report “Cutting Corners” there are many references to the Bible’s and the Church’s thoughts and actions on labour issues.

For instance, according to the report:

“…God is ‘against those who oppress the hired workers in their wages, the widow and the orphan’ (Malachi 3:5).”

and

“…the Prophet Muhammad underlined the importance of the just wage by saying, ‘give the employee his wages before his sweat has had time to dry’.”

The Uniting Church has strong arguments to justify its involvement in social equity matters.

“Cutting Corners” was a broad report based on hundreds of telephone interviews with cleaners. The major safety-related findings of the survey were:

“The key violations borne by shopping centre cleaners constitute a litany of injustices, from low rates of pay, pay that is not commensurate with their Continue reading “Religious wisdom on workplace safety”

Employer association criticises Australia’s new Work Health and Safety laws

On 9 September 2011 The Australian newspaper reported that the executive director of the Independent Contractors of Australia, Ken Phillips, had serious concerns over the new Work Heath and Safety laws to be introduced in Australia in 2012.

Phillips has received legal advice that identifies serious shortcomings in the new laws compared to the existing Victorian OHS laws. These include eliminating the right to silence and protection against self-incrimination during incident investigations by OHS regulators. The article says that the ICA’s analysis

“…shows that the new system would also empower workplace inspectors to seize entire businesses without the oversight of a court, something that is currently not permitted in Victoria.”

It also reports that Phillips fears

“…the scheme would lead to a recurrence of what happened under the former workplace safety system in NSW where “ordinary people were prosecuted even if they had no control over the business”. Continue reading “Employer association criticises Australia’s new Work Health and Safety laws”

Brothel safety gains new media attention

The occupational health and safety of sex workers is one of the most difficult areas to write about as the industry is politically and ideologically charged with matters of feminist ideology, human rights and sex trafficking, religious morality and NIMBY lobbying. In such an environment, it is important that the OHS needs of sex workers not be forgotten.

On 13 July 2011, The Age newspaper reported on the threat of legal action by one sex workers on a Victorian licensed brothel, Butterflys of Blackburn. The article raised many OHS issues for the brothel industry. In short, the article reports that a sex worker is suing the brothel because the brothel, allegedly, established an expectation that the sex workers would allow unprotected sex, sexual acts without a condom or other protection, an offence under Victorian law. This particular sex worker’s experience in Butterflys of Blackburn was that, when refusing unprotected sex to a client, the client assaulted her, attempted to rape her and threatened her with a gun.

The Age reports that the woman “has since been diagnosed with post traumatic stress disorder, whiplash in her neck and a torn muscle in her shoulder.” The worker is already receiving workers’ compensation and is pursuing compensation for permanent impairment. Her plans for suing the brothel relate to the accusation that the brothel failed to provide a safe workplace. Continue reading “Brothel safety gains new media attention”

Government department fined $285k over prison van death

In January 2011 WorkSafe indicated its intention to prosecute the Department of Corrective Services and others in relation to death of Mr Ward. A $A285,000 penalty was imposed on 7 July 2011.

SafetyAtWorkBlog reported on the WorkSafe actions at the time but an excellent clearinghouse for information on this case is the website of the Australian Broadcasting Corporation’s Four Corners program which examined the 2008 death of Mr Ward in Western Australia.

The Four Corners website has a considerable amount of background information on the case, including the coroner’s findings, which some readers may find confronting and, as the ABC says “This report contains images of the deceased which may disturb Aboriginal viewers”.

Mr Ward was being transported to Perth in the rear of a prison transport vehicle following a traffic offence. The vehicle’s air-conditioning system was not operating, the temperature within the rear of the vehicle increased so much in the Western Australian heat that, according to one commentator, Mr Ward was “cooked”. When Mr Ward’s body was being removed from the prison van at the hospital “the air from the van was “…like a blast from a furnace”” according to one witness. The coroner found that “no effective air-conditioning was being supplied to the rear pod of the vehicle.”

There are many management issues involved with this unnecessary death but some will be familiar. Continue reading “Government department fined $285k over prison van death”

Forklift incidents continue

One of the the most hazardous pieces of equipment in modern workplaces is the forklift. Sadly it is also one of the most useful. A recent prosecution in Western Australia provides an example of many of the serious risks in using forklifts:

untrained or undertrained drivers
unsafe decisions by employers
the safety role of seatbelts
labour hire management and staff supervision
driving with forks elevated
training certification.

Other related issues are the employment of

transient labour, and
young workers.

According to a WorkSafe WA media release, the basic facts of the incident are

“Flexi Staff supplied two casual labourers to the Beds Plus warehouse in Kewdale in February, 2008. The two men were British citizens on a working holiday in Australia. [links added]

It was not part of their labouring job to operate forklifts, and neither had any experience or qualifications or High Risk Work licences. Continue reading “Forklift incidents continue”

Quad bike fatality costs over $80k in penalties

A Western Australian company has been fined $A50,000 over the death of one of its workers in November 2008 The worker rode a quad bike into a wire gate and died. The recent WorkSafe WA media release focuses, understandably on the fine imposed in the Perth Magistrates’ Court on Jenara P/L but a clearer picture of the incident is available from an earlier WorkSafe report into the incident. The accused, in this instance, was Seatown Holdings, a labour hire firm who was fined $A30,000 :

“The accused was a labour hire company which employed a worker for remuneration and arranged for said worker to work for Jenara Pty Ltd who was one of its clients.

The client ran a grain growing farm near Miling.

During the afternoon on Sunday 16 November 2008 the worker was working alone and riding an All Terrain Vehicle (ATV) on a road on the client’s farm when he rode into a wire gate known as a ‘cockies gate’. Continue reading “Quad bike fatality costs over $80k in penalties”

WorkSafe prosecutes Dept of Corrective Services and G4S

In June 2010 WorkSafe WA began investigating the 2008 death from heat stroke of 46-year-old aboriginal elder Mr Ward. According to one media report :

“A broken air conditioner forced Mr Ward to endure temperatures above 50 degrees during the non-stop, four-hour journey to face a drink-driving charge in court.”

The same article noted that in June 2010 the Director of Public Prosecutions Joe McGrath announced that no charges would be laid against two security guards over the 46-year-old’s death.

On 19 January 2011, WorkSafe announced that it

“… will prosecute the State of Western Australia (Department of Corrective Services), government contractor G4S Custodial Services Pty Ltd (formerly GSL Custodial Services Pty Ltd) and the two drivers involved in the death of Mr Ward in January 2008.”

WorkSafe notes in its media release that

“A Coronial Inquest was completed in May 2009, with the State Coroner Alastair Hope concluding that all four parties [listed in the above quote] contributed to the death.” Continue reading “WorkSafe prosecutes Dept of Corrective Services and G4S”

Category: contractor

Religious wisdom on workplace safety

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