Category: Duty of Care

Workers’ compensation for travel time injuries will need resolving

Following on from BHP Billiton‘s shift to employees over contractors, a media report on 21 February 2010 illustrates changes in shift lengths that one union says may increase fatigue in the workplace.

BHP Billiton says the company has a fatigue management policy and procedure that can allow for the flexibility of the new shift options but the CFMEU is very concerned about the safety impacts of the shift options.  The Mining Industry Road Safety Alliance illustrates a major flaw in the process that is often reflected in issues of shiftwork and fatigue management  in other industries – increased risk in travelling to and from work. Continue reading “Workers’ compensation for travel time injuries will need resolving”

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”

New OHS resources on workplace bullying

The Australian Capital Territory has released a package of new OHS material on workplace bullying.  The package includes

  • “advice on responsibilities under the Work Safety Act 2008 with regard to bullying
  • a Checklist for Employers
  • Guidance on how to take a risk management approach to workplace bullying, as is required by the Work Safety Act 2008
  • Guidance on how to implement a complete Complaint Resolution process in respect of workplace bullying
  • two new training programs available from the Office of the Work Safety Commissioner – Workplace Bullying Awareness for workers and Prevention and Management of Workplace Bullying for more senior staff Continue reading “New OHS resources on workplace bullying”

Unsafe worker gets his job back

The front page story in the The Australian newspaper has generated many emails and phone calls to SafetyAtWorkBlog from irate safety professionals.

The nub of the story is that Fair Work Australia has reinstated a worker who was sacked because of consistently unsafe work practices.

It is important to remember that the decision by Fair Work Australia is undertaken under the Fair Work Act 2009 and not occupational health and safety regulations.  In the case of Norske Skog Paper Mills (Australia) Ltd the relevant OHS legislation would have been New South Wales.

The story revolves around the dismissal of an employee not the unsafe actions of that worker. Continue reading “Unsafe worker gets his job back”

Reviewing Today Tonight’s insulation exclusive

As an example of “tabloid TV” the Today Tonight (TT) report broadcast on 17 February 2010 concerning children assisting workers to install insulation, was very good.  It probably benefited from my own appearances remaining brief.

The topicality of a story on the home insulation industry could not have been higher yesterday as a Senate inquiry into the Australian Government’s environment and job creation scheme held hearings in Melbourne.  TT led its show with the scandalous report.

The video of a young boy handling large bags of insulation on a roof is disturbing; the unprotected handling of the insulation material by the young boy is similar.  That the children were allowed to be on the roof by the homeowner and parents is a parental supervision issue and outside the scope of this blog.  That the workers allowed them to be present and did not tell the children to get down is more disturbing and a clear breach of the workers’ OHS obligations. Continue reading “Reviewing Today Tonight’s insulation exclusive”

OHS and the death of Brodie Panlock from bullying

On 8 February 2010, four workers at Café Vamp, a small restaurant in Melbourne Victoria, were fined a total of $A335,000 for repeatedly bullying, or allowing bullying to occur to, 19-year-old Brodie Panlock.  Brodie jumped from a building in September 2006.  Her family watched Brodie die from head injuries three days later.  They were unaware that Brodie was being bullied at work.

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“Respect Agenda” – seriously?

Recently the Victorian Premier, John Brumby reshuffled his Cabinet and created a new portfolio the “Respect Agenda”.  The Minister with responsibility for the portfolio is ex-footballer Justin Madden.  Very little has been revealed about the agenda, which has been launched after a major international kerfuffle over serious racist attacks against Indian students.  It is likely to be relevant that 2010 is an election year for Victoria.

It is useful to consider these political pledges in the light of the workplace-related suicide of Brodie Panlock in 2006. Continue reading ““Respect Agenda” – seriously?”

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