Category: contractor

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”

Small business OHS shortcomings

The home insulation debate in Australia is fragmenting.  Workplace safety is one of the chunks of debate heading in an unknown direction (political safety goggles anyone?)  The Australian newspaper included an article on 19 February 2010 that, although coming from the insulation sector, illustrates a dominant misunderstanding by small businesses.

The proprietor has run many businesses in a range of industries but he clearly has little understanding of his OHS obligations as he denies any responsibility for the death Matthew Fuller, an employee of the firm he contracted to undertake insulation installations, QHI Installations.  The proprietor states the reason is that “we did not employ him.”   Continue reading “Small business OHS shortcomings”

Australian employer groups are out for blood

For some reason several Australian newspapers on 16 February 2010 carried articles about the possibility of prosecuting the Federal Environment Minister, Peter Garrett, over recent deaths associated with an insulation rebate scheme, he launched and his Department administers.

The employers are drawing a long bow to support their calls.  They are linking several related OHS issues in order to score political points the recent High Court decision on New South Wales (NSW) OHS laws, the Federal Government’s programs for harmonising OHS laws and the insulation installer deaths. Continue reading “Australian employer groups are out for blood”

BHP Billiton backflips on contractors due to safety concerns

BHP Billiton has been throughout the business newspapers over the last week following statements from the CEO, Marius Kloppers, but there was a fascinating article in the Australian Financial Review on 15 February 2010 (only available online through subscription. There is a link to the ABIX abstract HERE )

The article discusses the deaths that have plagued BHP Billiton but not its Australian rival Rio Tinto.  Rio Tinto does not use contractors, BHP does.  BHP Billiton has decided to cut 7,000 contractor positions in the Pilbara and replace them with employees, even though there is a skilled labour shortage in the region.  This decision is seen as the company giving in to pressure over the use of contractors as. compared with the example of RIO Tinto, employees are safer. Continue reading “BHP Billiton backflips on contractors due to safety concerns”

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