Category: Duty of Care

Employees’ OHS responsibility and working beyond the maximum hours

One of the most powerful motivators for behavioural change in workplaces is the legislative obligation on employees to not put themselves at risk of injury nor to act in such a way as to place others at risk.

Reported in the Australian media on 31 March 2010, Fair Work Australia has ruled that employees in the fruit-picking industry may volunteer for work beyond the standard 38-hour week without receiving penalty rates or overtime.  The union movement is understandably concerned about how this financially disadvantages workers and how this ruling may spread beyond the fruit-picking industry.

The ruling allows fruit-pickers to choose to work beyond their regular shifts.  Will they be able to work safely?  Will they not be fatigued?  Will they have sufficient daylight to undertake the tasks safely?  Will there be sufficient downtime for workers to recover from a long work day and be fit for work?  Could the workers’ choice to undertake additional fruit-picking tasks be a breach of their OHS obligations to look after their own safety, health and welfare?

The employees may choose to ignore their own occupational health for the sake of additional dollars but should they then be eligible for workers’ compensation if the effects of those longer hours are found to have contributed to an injury or illness? Continue reading “Employees’ OHS responsibility and working beyond the maximum hours”

Unprecedented interest in workplace bullying

On 25 March 2010, at the first of ten workplace bullying information seminars, WorkSafe Victoria, claimed to have a world-class approach to combating workplace bullying.  The Europeans may dispute the claim but there is no doubt that WorkSafe is on the right path in responding to the unprecedented community interest in the issue.

In a packed hall in the City of Melbourne, Trevor Martin, WorkSafe’s Strategic Programs Director, acknowledged the considerable media interest in the hazard over the last few years, and particularly since the prosecution of four men in associated with bullying at Cafe Vamp.  Martin said that WorkSafe’s advisory help line has been receiving more that 40 calls per day on bullying and harassment issues and that

“In February [2010] 560 calls were received …… 10%, 56 cases made it through to the dedicated unit for further work to be done.  That is an astonishing number of calls to WorkSafe on a single issue.” Continue reading “Unprecedented interest in workplace bullying”

Australian MP mentions workplace bullying but is short on practical controls

On 18 March 2010, the last sitting day of that session of Australia’s Parliament, Labor Member of Parliament , Bill Shorten, spoke about workplace bullying and the OHS prosecutions that stemmed from the bullying and suicide of Brodie Panlock.  Some of his short speech rehashed details of the workplace bullying prosecutions but, according to the draft of Hansard (page 93), Shorten made some useful remarks:

“I rise to speak on the issue of workplace bullying.  We would not think it was acceptable for people to come to work and be exposed to asbestos or toxic chemicals.  We should not think, therefore, that it is appropriate for them to be exposed to the toxic behaviour that is sustained and malicious bullying.  I believe that this kind of bullying is something which can be eradicated.  We have changed attitudes on smoking in the workplace and on sexual harassment; there is no reason why we cannot eliminate forever bullying in the workplace.

Bullying is an absence of kindness and Continue reading “Australian MP mentions workplace bullying but is short on practical controls”

Workplace bullying and restorative justice – how to help the families left behind

A feature article on workplace bullying in The Age newspaper on 10 March 2010 has the additional or secondary benefit of again raising the relevance of “restorative justice” to the issue of occupational safety and health.

The main element of the article is the McGregor family who had two children commit suicide over related issues.  The son, Stuart McGregor,  described as being chronically depressed, was being bullied at work.  He confided in his sister, Angela McGregor, over the issues.  Angela had been bullied at school.  Alannah killed herself.  A month later, Stuart followed.

WorkSafe investigated the bullying at Stuart’s place of work, substantiated Stuart’s claims are is determining what further action to take.  The newspaper reports that there may be insufficient evidence to pursue the case through the Courts.

What the reporter, Helen Westerman, does is to relate the grief and hurt of the parents to the potential benefits of the application of “restorative justice” in workplace incidents.   Continue reading “Workplace bullying and restorative justice – how to help the families left behind”

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

“Imagination at work” but not safety

GE Capital placed a full-page pictorial advertisement in The Age newspaper on 4 March 2010 (page 5 of the business section).  The ad, partly reproduced below, promotes the company’s financial services with the corporate slogan of “imagination at work”.  Sadly safety at work wasn’t included in the ad.

SafetyAtWorkBlog readers are asked to list the workplace hazards in this picture.   Continue reading ““Imagination at work” but not safety”

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?”

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