Category: government

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”

Risk assessment report – insulation

Risk assessments are crucial for operating a safety management system built on consultation with employees and relevant experts.  This should be borne in mind over the next few days while the Australian Environment Minister, Peter Garrett, continues to be grilled over what he knew about the risks associated with the government’s insulation scheme and when he knew.

In terms of workplace safety, the Minter Ellison report says little of direct relevance.   Continue reading “Risk assessment report – insulation”

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”

Increasing demand on standards should cause the Australian Government to plan longterm

In August 2009, SafetyAtWorkBlog reported that Standards Australia had been hit hard by the global financial crisis.  To our knowledge, circumstances have not changed but a report in the Australian Financial Review (not available online) on 17 February talked positively about the future of the organisation that publishes the Australian Standards, SAI Global.  Australian Standards are widely used by business and safety professionals.

The report says the company, SAI-Global

“…posted a 33 per cent rise in first-half net profit to $13.7 million on the previous corresponding period, beating analysts’  forecasts by more than 10 per cent.” Continue reading “Increasing demand on standards should cause the Australian Government to plan longterm”

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”

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