“We need to act together to help me get my act together”

On October 21 2019, Victorian Premier Daniel Andrews posted on Facebook in support of his government’s move to introduce Industrial Manslaughter (IM) laws. He chose the death of Jacob Kermeen and its effect on the family in support of the need for these laws.

It is surely a coincidence that a fatality from a trench collapse was chosen for this exercise. Some of the leading advocates for IM laws are the relatives of two workers who died from a trench collapse in Ballarat in March 2018, a case being prosecuted by WorkSafe Victoria.

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One safety quandary solved by Consumer Law. What others are possible?

Caesarstone original quartz for kitchen, bathroom surfaces, benchtops, splash backs and kitchen Island

Last week the Australian Government accepted the recommendations of the Australian Competition and Consumer Commission (ACCC) about improving the safety of quad bikes. But the improvement in safety came not through occupational health and safety (OHS) laws but the Australian Consumer Law so how could the ACL help improve workplace health and safety further? After a quick look at how the quad bike recommendations have been received, the potential of the ACL is considered in relation to silicosis.

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Comprehensive info on preventing skin cancer risks

Unrelated to the article earlier today about working in extreme heat, last week Australia’s Cancer Council released an occupational health and safety (OHS) guide for working outdoors and to prevent and avoid skin cancer. It is a timely release for those of us in the Southern Hemisphere as it allows us several months to review our sun protection policies and practices.

In the prevention chapter the guide follows the established Hierarchy of Controls but perhaps too closely on one issue. There is an assumption that outdoor work occurs primarily in daylight hours, the time of highest risk of ultraviolet (UV) risk. Under administrative controls the guide advise to Reschedule outdoor work programs” perhaps planning

“work routines so outdoor tasks are carried out earlier in the morning or later in the afternoon, when UV levels are lower”

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Can this job be performed in extreme heat?

Parts of Europe are sweltering in extreme Summer temperatures similar to what Australian workers have experienced. A comparison of just temperatures is unreasonable as the European challenge is greater than Australia’s because the society, buildings and operational structures are largely designed and configured for low temperatures and snow. In many ways climate change will be more disruptive for European businesses as Australia has always been hot and dry.

The occupational health and safety (OHS) advice on how to address, or cope with, extreme heat has always been focused on the individual’s capacity to work in heat rather than reconfiguring work to avoid these unsafe and unhealthy conditions. Here is some advice from an American law firm from early this month:

“Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat stroke. Liability can arise whether work is being done outside in construction, landscaping, and agriculture, or inside in non-air conditioned manufacturing plants and warehouses.”

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Burnout of a different kind

[Updated 12 noon 12 June 2019]

Why do some companies accept or propose an Enforceable Undertaking in relation to breaches of occupational health and safety law? This media statement from WorkSafeNT dated June 7, 2019 illustrates one answer:

“Car Festivals Pty Ltd and the Northern Territory Major Events Company Pty Ltd committed to spend a combined $1.2 million in legally binding agreements, when it became clear NT WorkSafe was considering laying charges over the incident.” (emphasis added)

This reads like someone has calculated the potential cost (fines, etc) to the companies from an OHS prosecution and has opted for the cheaper option. And $1.2 million is a hefty financial commitment.

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