Fortescue Metals contests cyclone deaths

In December 2008 Fortescue Metals Group said it would contest charges it breached OHS laws over the death of two people.  In April 2010, it is seeking to avoid the charges.

On March 9 2007, tropical cyclone George hit a camp site in north-west Australia killing two people and injuring others.  The temporary accommodation shelters, “dongas”, in which workers were sheltering provided insufficient protection for many workers.

According to one media report on 12 April 2010, the lawyer for FMG,  John Karkar,

“…. said his clients’ operations were governed by the Mines Safety Inspections Act because the Pilbara camp was built for the accommodation of mine workers and workers who were building a railway line which was to be used to transport iron ore.” Continue reading “Fortescue Metals contests cyclone deaths”

The fatal consequences of riding in the tray of a pick-up or ute

In 2007, Pedro Balading fell off the back of a utility vehicle while working in remote outback Australia and died.  On 16 March 2010, the owner of the Wollogorang cattle station, Panoy P/L, was fined $A60,000 over the death.

According to one media report:

“Pedro Balading, a 35-year-old father of three, was a Manila piggeries supervisor who arrived at Wollogorang Station in early 2007 and found himself isolated, underpaid and performing menial jobs. He asked to go home but was told by his employer, Panoy Pty Ltd, and the labour hire firm that brought him from the Philippines to complete his two-year contract.”

Work Health Authority‘s executive director, Laurene Hull said in a media statement:

“The danger associated with travelling in the back of a moving utility, where the risk of falling from the moving vehicle can result in death or serious injury is common knowledge,” Ms Hull said.  “Panoy Pty Ltd failed to take appropriate steps to ensure the hazard posed by travelling in the back of utilities was known to the workers and the risks appropriately managed.” Continue reading “The fatal consequences of riding in the tray of a pick-up or ute”

Gas, lungs, ladders, fruit picking and concrete pumping – latest workplace incidents

The media on 11 March 2010 was reporting the discovery of a the body of a hotel worker in  a beer cellar of a Victorian hotel.  WorkSafe Victoria is investigating the possibility of carbon dioxide.

As with so  many cases of confined spaces, a second man was lucky to be alive after venturing into the cellar to check on the hotel worker.  The police report suggested that the second man was making a delivery to the hotel.

At such an early stage in the investigation and with so little detail,it is hard to say more than what WorkSafe’s Stan Krpan said in a media release this afternoon:

“With or without a gas leak or chemical exposure, limited means of entry and exit, poor air circulation, and working in confined spaces, is risky. Continue reading “Gas, lungs, ladders, fruit picking and concrete pumping – latest workplace incidents”

Another go at homeowners being exposed to workplace prosecutions

In October 2009, Australian lawyer, Michael Tooma gained considerable media coverage by stating that under the model Work Health and Safety Act:

“..if I call out a tradesperson to do some work at my home, my home is their workplace and I would be a person at their workplace.  As such, I would have a duty to take reasonable care for my own safety and the safety of others and to cooperate with their reasonable instructions in my own home.  If I breach that duty I could be liable for a criminal offence.”

At that time SafetyAtWorkBlog was skeptical as it was hard to believe that this likelihood, or regulatory loophole, would be allowed to continue.  It seems that a decision in the New South Wales District Court on 4 March 2010 has provided Tooma with a case that supports his decision. Continue reading “Another go at homeowners being exposed to workplace prosecutions”

iPods, child labour and excessive working hours

A media report in The First Post on 1 March 2010 includes some good news and some bad news.

Apple has addressed some child labour concerns in several Chinese factories that manufacturer its products – the good news.  The bad news is that children were allowed to work in these factories in the first place.

This illustrates not only the importance of  policies on contractor management, supply chain responsibility and corporate social responsibility but the vital significance of auditing and enforcement.

Apple’s Supplier Responsibility 2010 Progress Report is available online.

A curiosity in the media report is the mention of maximum working hours.  Apple sets a maximum working week at 60 hours.  The Chinese Government applies a 49 hour week.  To which “law” does a company comply?  Should a supply company be in a position of choosing?  Should Apple even consider setting a working hour for its workers that exceeds the limit set by a country’s government?

Kevin Jones

New safety alerts for foil insulation

The Electrical Safety Office of the Queensland Government has issued two safety alerts that relate specifically to the installation of insulation in domestic dwellings.  Several recommendations seem to address concerns aired by Chris Lehmann in SafetyAtWorkBlog on 12 February 2010.

One safety alert, concerning foil insulation, states:

“To reduce these risks, householders and tradespeople should not enter the ceiling space of a house where foil ceiling insulation is installed.  If access to the ceiling space cannot be avoided, householders and tradespeople should ensure that all sources of electricity supply to the premises are isolated before entry to the ceiling space.   Continue reading “New safety alerts for foil insulation”

Risk assessment report – insulation

Risk assessments are crucial for operating a safety management system built on consultation with employees and relevant experts.  This should be borne in mind over the next few days while the Australian Environment Minister, Peter Garrett, continues to be grilled over what he knew about the risks associated with the government’s insulation scheme and when he knew.

In terms of workplace safety, the Minter Ellison report says little of direct relevance.   Continue reading “Risk assessment report – insulation”

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