Category: death

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”

Non-mainstream media acknowledges the realities of workplace fatalities

Bernard Keane writing in online newsletter, Crikey, is one of the few who has reported on the Australian Government’s insulation scheme debacle and kept the fact of worker deaths as more than just a moral sideline to the issue.

On 3 March 2010, Keane wrote a very good article which draws on the political and media attitudes to worker deaths over the last decade in Australia.  He highlights the political expediency of selective reporting and commentary on safety issues.  Many of the comments and assertions made at the Cole Royal Commission are still reiterated today and form the basis of some political party policies.

Given the recent media coverage on workplace bullying, Keane’s reminder on the deaths and suicides in the Australian Defence Forces and the political reticence to do anything on the matter, is timely.

It is only six weeks before the International Workers’ Memorial day,  (28 April 2010).  The 2010 commemoration is likely to be one of the most political events since it began almost two decades ago.

Some of the statistics that fueled the outrage against then-Environment Minister, Peter Garrett, are seriously questioned in this blog article at Pollytics.com.

Kevin Jones

Could a prisoner’s death in a prison van be a breach of OHS laws?

ABC television program Lateline broadcast on 2 March 2010 an article (video available) about the death of 59-year-old Mark Holcroft in the back of a prison van in 2009.

Holcroft was a low risk inmate serving 7 months for a drink-driving offence.  He was several weeks into his sentence when he was being transported with six other prisoners to a low-security farm.  From the information made available by ABC, as Holcroft was dying in the van, the other inmates banged on the walls of the van and yelled to attract the drivers’ attention.  The van was equipped with a camera in each of the four corners of the van’s security compartment.  One inmate repeatedly signed at the cameras to attract the attention of the drivers. Continue reading “Could a prisoner’s death in a prison van be a breach of OHS laws?”

Tractor death – ROPS but no seatbelt

WorkSafe Victoria reported investigations into a tractor-related death near Yackandandah that occurred on 28 February 2010.  The media release (not yet available online) says:

“WorkSafe Victoria is investigating the death of a man who died when a tractor he was driving tipped over in north-east Victoria yesterday.  The man, aged in his 20s, had been moving bee hives….. He was the second Victorian to die at work since Friday and the second in two weeks to die in a tractor-related incident.”

WorkSafe advised SafetyAtWorkBlog that the tractor had a roll-over protective structure but no seatbelt.

Kevin Jones

Some families in South Australia blame WorkCover for their partners’ suicides

In January 2010, Today Tonight in South Australia aired a disturbing report about the workers compensation reforms in that State.  It talks to two widows who blame WorkCover SA as contributing to their husbands’ suicides.  One man left a suicide note explicitly blaming WorkCover SA, emphasising his point by jumping to his death from the sixth floor of the WorkCover office building.

The video report is available HERE under the title WorkCover Suicide.

One of those interviewed in the story is Kevin Purse who undertook a report into the SA workers’ compensation system on behalf of SA Unions.   Continue reading “Some families in South Australia blame WorkCover for their partners’ suicides”

Workplace bullying questions to WorkSafe

Following the successful prosecution of four people for bullying 19-year-old Brodie Panlock, SafetyAtWorkBlog, with the assistance of a lawyer put several questions to WorkSafe Victoria about the case.  Most of the questions and their responses are below:

“SAWB: Could you please advise the reasons for the decision to prosecute the recent workplace bullying case in the Magistrates Court as opposed to the County Court?    My understanding is that this choice limited the potential fine for the individuals involved to 500 penalty points instead of 1800 , and for the company to 2500 instead of 9000.

WV:  In this case, we thought the Magistrates’ Court had the appropriate sentencing discretion to impose a proportionate and fair sentence.

In addition, Magistrates’ Court proceedings takes less time and produce more certain results than County Court proceedings – these charges were issued in July 2009 and resolved in February 2010.   Continue reading “Workplace bullying questions to WorkSafe”

Public relations, OHS and a workplace death

In October 2009, Matthew Fuller was electrocuted while installing metal foil insulation in the roof of a house in Queensland.  He was a subcontractor for a registered insulation installation company called Countrywide Insulation.

Countrywide and its owner have been heavily criticised in the Australian media.  But Countrywide has “hit back” at critics with a media release on 16 February 2010, the only content on its webpage.  The release has a contact number for a representative of the Phillips Group public relations company.  The text of the release is below and is an interesting study in what is omitted and timing. Continue reading “Public relations, OHS and a workplace death”

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