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”

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”

A sparky’s take on roofing insulation risks

Chris Lehmann of Tradesmen on Time submitted a letter to the editor of the Australian online newsletter Crikey.  In the letter he wrote of how impractical the Federal Government’s audit of houses with foil insulation will.

Lehmann explained to SafetyAtWorkBlog that the insulation properties of foil insulation comes from being installed across the ceiling joists and establishing an air pocket between the foil and the ceiling.  However, this installation covers all electrical work so the integrity of the cabling cannot be determined visually or easily. Continue reading “A sparky’s take on roofing insulation risks”

Workplace bullying awareness increases in Australia

A reader has advised that there has been an increase in calls to WorkCover NSW concerning workplace bullying, following the sentencing of four men earlier this week in Victoria.

WorkSafe Victoria has confirmed that its advisory service is receiving 30 calls a day on the issue where the regular rate was 10.  WorkSafe also says that the calls are taking longer than regular OHS calls.  This is to be expected when dealing with psychosocial hazards.  Also, if callers are not up-to-date on the OHS criteria for bullying, it may take additional time for inspectors on the advisory line to discuss the matter. Continue reading “Workplace bullying awareness increases in Australia”

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