Category: contractor

Miserable failures in OHS of labour hire workers

Two recent occupational health and safety (OHS) prosecutions in South Australia related to labour hire employees and providers indicate changes in enforcement approach and clues for change as they illustrate how some people and companies have almost no regard for the safety of its employees.

According to a SafeWorkSA media release dated 28 May 2016 (not available online at the time of writing):

“The Industrial Court convicted Queensland based labour hire company, Fix Force (Qld) Pty Ltd, and imposed a penalty of $150 000 plus court costs.

On 22 October 2012, Mr Clinton Benson, a contracted employee on the South Road Superway project, suffered life threatening injuries when his head was crushed between a lifting arm and welding table.

Following investigation by SafeWork SA, Fix Force (Qld) Pty Ltd was charged with offences under the then Occupational Health Safety and Welfare Act 1986 (SA), for failure to ensure its employee was safe from injury and risk to health whist at work, as far as was reasonably practicable.”

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Submission on Labour Hire disappoints on OHS

cover of Ai_Group_LabourHireandInsecureWork__November 2015_Final2The public submission phase for the Victorian Government’s inquiry into labour hire and insecure work closed last week.  Public hearings have occurred this week and will continue in February 2016. One industry association, the Australian Industry Group has released its submission.  Its discussion  of occupational health and safety (OHS) of labour hire workers and suppliers is very disappointing.

Representing Members

The AiGroup says, in its submission that

“The interests of both groups [labour hire companies and users of labour hire], as well as the interests of the broader community, are best protected by ensuring that a competitive market is maintained for the provision of labour hire services, and that impediments to competition are removed.” (page 4)

It could be argued that the competitive market has allowed unscrupulous labour hire suppliers to succeed as they have been offering the cheapest labour.  These suppliers have succeeded, mostly, because there is a ready market for opportunities to maximise profit by reducing the legal rights of workers.  A competitive market may help fix the problem but it is also a problem that it helped create. Continue reading “Submission on Labour Hire disappoints on OHS”

Insecure work inquiries should embrace and expand the safe system of work

Cover of Labour Hire Discussion paper

The Victorian Government has just released its first discussion paper into labour hire practices and insecure work. As has been discussed when the Inquiry was announced, occupational health and safety (OHS) is part of this inquiry but OHS will only gain the attention it deserves if someone advocates on behalf of worker safety exclusively and thinks about safety in this sector, differently.

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Scissor Lifts and safety

Caulfield lights2 edited
digitally altered

Workers in scissor lifts often step on railings or overreach placing themselves at risk of falling.  These actions are contrary to the use of plant as usually recommended by  manufacturers and to the usual requirements in an occupational health and safety (OHS) management plan for working in the rail environment.

The actions in these photographs occurred on a Melbourne railway station and in an industry that this author has worked in for the last six years. Photographs never show the entire facts of a situation and there are many assumptions and what-if scenarios about which these photos could, and should, start discussions. The following discussion of occupational health and safety management issues focuses on the facts presented by the photos*.

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Building a better future but maybe not a safer one

Cover of ACTU Blueprint 2015The Australian Council of Trade Unions (ACTU) has a strong commitment to safe and healthy workplaces in Australia and would likely assert that nothing is more important than the safety of workers. However the latest submission to government on economic and social reform, “Building a Better Future – a Strong Economy for All” (not yet available online), has missed the chance to bring occupational health and safety (OHS) into the current policy debate on economic and productivity reforms. Continue reading “Building a better future but maybe not a safer one”

Drug and alcohol testing for Australian construction sites

On 18 September 2015 Senator Eric Abetz introduced amendments to the Building Code so that drug and alcohol testing will be required on construction sites.  In his media release he states that:

“The construction industry is a high risk industry where the risks associated with the use of heavy machinery, mobile equipment, working in congested areas and working from heights, are accentuated by the effects of alcohol and drug use.”

Following this argument, would not greater safety benefit be gained by addressing the risks posed by machinery, working at heights and in congested areas?  Drug and alcohol testing will do little to reduce these risks, or more correctly, hazards.  Being impaired may make it more likely for a worker to fall while working at heights but creative and safe design could eliminate the risk of working at heights altogether. Continue reading “Drug and alcohol testing for Australian construction sites”

Inquiry into precarious/insecure work includes OHS

2015 has been a big year for public attention on the exploitation of workers.  In May, the Four Corners program revealed the exploitation of, largely, migrant or illegal workers in the food processing and vegetable growing sectors.  In the last month, 7Eleven workers have featured, also after a Four Corners investigation in conjunction with Fairfax Media.  In both cases, workplace safety has been mentioned but not featured.

In September 2015, the Victorian (Labor) Government released the

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