Category: government

Small fine of $1250 but important safety lessons

An OHS fine of $A1250 hardly seems newsworthy but several important issues are illustrated by a prosecution in Western Australia on 10 November 2011, particularly, individual responsibility and accountability.

WorkSafe WA has released details of a prosecution against an individual worker over the fall of material from 15 metres towards fellow construction workers.  The media release (not yet available online) says that

“In July 2009, Mr Bell was employed by Perth Rigging Company Pty Ltd on a site at Naval Base where steel roof sections were being placed on concrete silos. He was in charge of arranging how the steel roof sections would be lifted into place.

The first roof section had been placed on one of the silos, and the second section (which was 18 meters long, six metres wide and weighed more than 10 tonnes) was to be lifted onto another of the silos.

Perth Rigging did not have available the necessary rigging equipment to lift this roof section, and the site supervisor offered to obtain this equipment. The offer was accepted, but Mr Bell did not stipulate what rigging equipment was required. Continue reading “Small fine of $1250 but important safety lessons”

Australia releases official statistics into work-related injuries

Data released by the Australian Bureau of Statistics (ABS) in early November 2011 has revealed that 18.5% of people injured at work in 2009-10 received no OHS training prior to the incident.

The basic findings of the 2009-10 data are not all new as a December 2010 media release shows but the new report, “6324.0 – Work-Related Injuries, Australia, 2009-10” does include new data on OHS training.

Most of the OHS training data is included in table 13 but other tables should not be overlooked.  Table 3 shows that of those injured in 2009-10:

“82% (522,400) had received occupational health and safety training in the job prior to their work-related injury or illness occurring…”

and that 18.5% did not.

A legitimate question is “what is meant by occupational health and safety training?”   Continue reading “Australia releases official statistics into work-related injuries”

Australia inactive on environmental tobacco smoke

Safe Work Australia has released a couple of packages of draft codes of practice in line with the Australian Government’s OHS harmonisation strategy but where is the code that addresses the established risk of environmental tobacco smoke (ETS) or second-hand smoke?  This is a question that was asked during the recent Safe Work Australia week by Smoke Free Australia, an alliance of employee and health groups.

Smoke Free’s media release stated that

“….thousands of Australians are working in areas contaminated by highly toxic, carcinogenic tobacco smoke – and Safe Work Australia has done nothing to prevent it”

Stafford Sanders, the coordinator for Smoke Free Australia, was struggling to understand why ETS had not been given prominence in the new draft codes of practice given that second-hand smoke is a known killer. Continue reading “Australia inactive on environmental tobacco smoke”

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT).  The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers.  The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

Media releases are all positive for Safe Work Australia Week

Further to yesterday’s blog post that mentioned Australia’s Minister for Workplace Relations, Chris Evans, it is worth noting his new media release (not yet available online) in support of the 2011 Safe Work Australia Week.

On 23 October 2011,  Minister Evans said all the “right” things:

“National Safe Work Australia Week, an annual initiative of Safe Work Australia, is an opportunity for all Australians to think about how to improve work health and safety in their workplace and in their community,” Senator Evans said. “Each and every worker deserves to go to work each day and return home safely each night.”

Senator Evans said workers deserve the same decent safety standards across Australia.

“This is why the Gillard Government is committed to harmonising Occupational Health and Safety laws by January 2012,” Senator Evans said.  “The new laws will cut red tape and ensure that all workers have equal protections regardless of where they live and work.  They will apply not only to employees, but also to contractors and their employees, subcontractors, labour hire workers, apprentices and volunteers.  These reforms are vitally important for the safety of employees in an increasingly mobile labour force.”

Significantly, the continued refusals by Western Australia and Victoria to implement the OHS reforms prior to 1 January 2011 are not mentioned but it is understandable for the Minister to try to set the positive tone of Safe Work Australia Week.

On 21 October 2011, the Chair of Safe Work Australia, Tom Phillips, fails to mention OHS harmonisation in his media release which is his prerogative but it would have been better to address the elephant in the room – OHS harmonisation.

The harmonisation deadline is only a couple of months away and it would have been good to see some urgency on the issue from this prominent speakers.

Kevin Jones

Victorian WorkSafe Awards raise eyebrows and questions

Last week, WorkSafe Victoria held its 2011 Work Safe Awards night.  The host was Shane Jacobson, probably most well-known for his film Kenny.  SafetyAtWorkBlog has been informed that WorkSafe’s Executive Director, Ian Forsythe, was approached by an attendee on the evening complaining about the inappropriateness of some of Jacobson’s jokes and comments.

WorkSafe Victoria has been contacted for clarification of this complaint but as an attendee oneself, there were several times that laughter was subdued and eyebrows raised, particularly with one dubious homosexual reference and a joke about wives and guns.

Judging

A further, more general, concern was expressed to SafetyAtWorkBlog on the night about the awarding of one award to a person who is contracted by WorkSafe to promote OHS in rural areas.  The concern raises the issue again about the benefits of having a transparent judging criteria, or judging process, for safety awards. Continue reading “Victorian WorkSafe Awards raise eyebrows and questions”

Victoria risks $50 million over OHS reforms

A SafetyAtWorkBlog article from last week said that Victoria’s Work Safe Week started flat and that speakers at some events were unsure of the future of OHS laws due to Minister Gordon Rich-Phillips‘ unprecedented call to the Federal Government for a 12-month delay.

A spokesperson for the Federal Minister for Industrial Relations, Chris Evans, has told SafetyAtWorkBlog that Victoria is risking $A50 million of federal government funding if it does not implement OHS reforms:

“….the Victorian Government has already factored in around $50 million in reward payments for the 2011-12 budget forward estimates. These reward payments are dependent on Victoria implementing agreed reforms in accordance with key milestones. This includes OHS reform.”

This economic reality is perhaps behind Rich-Phillips’ continuing emphasis that the Victorian Government continues to support the “principle” of harmonisation.

At the 2011 Work Safe Awards on 19 October 2011, Minister  Rich-Phillips seemed to identify a strategy that is contrary to the application of that principle.   Continue reading “Victoria risks $50 million over OHS reforms”

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