Survey shows continuing increase in mobile phone use while driving

The use of a mobile phone while driving can be very dangerous for other vehicles, pedestrians and drivers themselves.  New communications technology has been devised to accommodate the less-new technology of mobile phones but in itself hands-free technologies are masking the risk.

Although this hazard is across the driving community, there is particular relevance for workplace drivers as their status complicates the arguments against talking or texting while driving and provides additional control measures. Continue reading “Survey shows continuing increase in mobile phone use while driving”

Potential risks of investigating workers compensation cases

According to a several media reports in the United States, a private investigator, Matthew Brady, who was investigating a workers compensation case whilst hiding in the woods was mistaken for a turkey and shot by the man he was investigating.  Brady was operated on in the local hospital.

As the Workers Comp Insider Blog states:

“Investigator Brady was hit in the side, back and legs.  He underwent surgery and presumably filed his own workers comp claim for what is surely a work-related – if highly unusual – disability.”

Kevin Jones

Civil liability and work-related diseases

On 4 October 2009, Queensland’s Attorney-General Cameron Dick released details of his intentions to increase the compensation available for individuals and their relatives through his  Civil Liability and Other Legislation Amendment Bill.  Below is a table which shows the level of the  increase.

It needs to be pointed out that this is not workers’ compensation but OHS legislation is blurring the demarcation between workers compensation and civil liability in the context of safety management.  New Australian legislation is placing OHS obligations on workers and employers for the off-site effects of workplace activities.

The Attorney-General, who is also the Minister for Workplace Relations had this to say about the importance and breadth of the draft Bill:

“This legislation will increase the maximum caps, for the first time in six years, on general damages available under the Civil Liability Act 2003 for personal injuries,” Mr Dick said…. “These amendments will afford injured persons the monetary compensation they need to help them get on with their lives.  The amendments also ensure a de facto partner of an injured person is now able to claim for loss of earnings.”

Dick goes on to discuss the good news concerning dust-related diseases as the amendments will also abolish the statutory limitation period for dust-related disease claims including asbestosis, mesothelioma and silicosis.  It is unclear whether workers’ compensation insurance has similar limitations.

“The removal of the statutory limitation period for dust-relates (sic) diseases will deliver significant benefits to sufferers, by improving their access to justice and reducing the costs and stress associated with pursuing a claim,” Mr Dick said.  “This amendment will have retrospective effect to ensure it captures current cases of dust-related disease originating from exposure during the 1950s, 1960s and 1970s.”

Dick said the amendments also ensure that the caps will be annually indexed to average weekly earnings.

These changes raise the possibility that a workplace may have an event that directly injures workers and also affects people outside the worksite. This could generate two processes for compensation – the workers and members of the public.  The business operator would be involved in both processes, of course.

But Australian OHS legislation is moving towards one OHS “Act” that would involve the management of a hazard and its potential off-site effects.  Why then split the compensation  mechanisms?  Would it not be easier for the business owner to manage the environmental, public and worker impacts of the one event in an integrated fashion?

The model OHS legislation deals with multiple parties affected by work processes surely the government should be looking at a single compensation process that also addresses multiple parties?

The workers’ compensation harmonisation review is still a couple of years away but potential changes should be anticipated.  The table below perhaps should be compared to the Table of Maims used in workers’ compensation in the spirit of harmonisation to determine a broader social justice.

Perhaps in this period of public comment on draft OHS model legislation, the government and stakeholders should anticipate the social consequences of the OHS management obligations it is currently considering.  If environmental legislation and management imposes a “cradle-to-grave” context, why should safety management legislation not?

Kevin Jones

Injury Injury Scale Value Currently worth Maximum from 1 July 2010 will be worth
Serious Facial Injury 14 to 25 $16,600 to $35,000 $19,550 to $41,220
Loss of one eye 26 to 30 $37,000 to $45,000 $43,560 to $53,000
Loss of one testicle 2 to 10 $2000 to $11,000 $2360 to $12,950
Loss of both kidneys 56 to 75 $110,360 to $166,400 $130,000 to $196,000
Loss of one arm from the shoulder 50 to 65 $93,800 to $136,100 $110,500 to $160,300
Loss of one hand 35-60 $56,000 to $121,400 $65,950 to $143,000
Loss of a finger 5 to 20 $5000 to $26,000 $5900 to $30,600
Loss of one leg above the knee 35 to 50 $56,000 to $93,800 $65,950 to $110,500
Loss of one foot 20 to 35 $26,000 to $56,000 $30,600 to $65,950
Total loss of hair on head 11 to 15 $12,400 to $18,000 $14,600 to $21,200

Drugs in the workplace – small business blog

The Age newspaper included a short article on drugs in the workplace in a small business pages on 4 August 2009.  For OHS professionals there is little new information but it’s a nice summary of some of the legal and management challenges on this workplace hazard.

Sadly some of the reply comments to the article online are demoralising.

Kevin Jones

Three OHS case studies

The South Australian Industrial Court made three decisions in late July 2009 that are useful cases to look at in order to promote improved health and safety practices but also, in one particular case, to note the approval and endorsement of the judge in the post-incident actions of the employer.

As the SafeWork SA media notice states

“All received 25 per cent discounts from their fines in recognition of their guilty pleas, cooperation, contrition and remedial action to improve their safety systems.”

Case 1

“Bluebird Rail Operations Pty Ltd was fined $30,000 over an incident at its Kilburn workshop in March 2007.  A worker’s arm was crushed beneath a 1,500 kilogram sidewall, which broke loose when a lifting lug failed as it was being lifted to a rail freight wagon under construction.

The court heard that SafeWork SA’s investigation revealed deficiencies in the equipment used, the work processes and the communication channels.

While the worker suffered permanent and debilitating injuries, his employer provided ongoing support including education and training. The employee returned to work after several months and has been promoted within the organisation.”

This case reports a surprisingly short rehabilitation period for a crushed arm.  The words of Magistrate Lieschke should be of considerable note to those OHS professionals who want their clients and companies to go beyond compliance.

“I accept that Bluebird Rail facilitated Mr Sewell’s return to work, in accordance with its legal obligations to provide vocational rehabilitation.  I accept that Bluebird Rail has gone beyond its minimum legal obligations and has provided further re-education support to Mr Sewell, sufficient for him to complete a Diploma in Project Management and for him to now be studying an engineering degree at university. The degree course is being funded by Bluebird Rail.  That is commendable support. Mr Sewell has been promoted and is now working as an assistant project manager.”

Case 2

“International Tastes Pty Ltd was fined $20,250 today after an incident in which an employee had his arm caught in the rotating blades of a pasta-making machine at the company’s Glynde premises in January 2007.

The court was told that the employee was taught to operate the machine with the safety guard open, the interlock switch which would have stopped the machine from operating in such cases was not working, and no safety checks or procedures were in place for either the machine or the tasks involved with its use.

The 24 year old victim suffered fractures, lacerations and nerve damage resulting in a number of operations and considerable pain and suffering.  He has since returned to work interstate with a related company.”

Safety professionals constantly argue for interlocks that cannot be bypassed.  This case shows that the relatively young worker suffered considerably from the incident and has moved interstate to continue with his career.

The judgement raises issues of deep concern to OHS professionals in relation to the level of supervision and induction required for workers and the perennial issue of machine guarding.  The judgement reports the circumstances of the incident:

“On 23 January 2007 [Mr B] suffered serious right arm injuries while operating a pasta making machine in accordance with a method he had recently been taught.  He had received on the job training only and was not given the benefit of any written work procedures.  He had been taught to work in close proximity to unguarded rotating blades.

While using a two litre plastic container to collect pasta mix from the machine the container came into contact with the exposed rotating blades of the adjacent mixing bowl, which in turn dragged his right arm into the blades.”

Case 3

“Central Glass Pty Ltd was fined $9,375 having been prosecuted over an incident in February 2007 at its Salisbury factory, where it makes aluminium window components.

Two workers were manually lifting a slippery steel die weighing 95 kilograms to place it in a press.  In doing so, the die slipped crushing the fingertip of one worker and narrowly missing their feet as it fell to the ground from about waist height.

SafeWork SA told the court there were no safety procedures for the task and the injury could have been averted through the use of mechanical lifting gear, which was later purchased.”

This case can relate to the concept that existed for some time in Australia of a “safe lifting weight”.  This concept has been shown to be a myth as it focuses on only one part of the work process and assumes that the particular lift is outside the other lifting actions that a worker may have been performing previously. It also assumes that everyone has a similar lifting capacity.

The judgement of this case provides more detail

“On 16 February 2007 Central Glass Pty Ltd unnecessarily exposed its employee [Mr R] to a risk of serious injury at work.

With the help of another worker [Mr R]was required to manually lift an oily 95kg steel die from ground level and place it in a close fitting slot in a press at about waist height.  While doing so the die slipped and crushed one of [Mr R’s]fingers.  The die then fell to the ground narrowly missing the feet of [Mr R]and of his colleague. [Mr R] suffered a crush injury to the tip of his left middle finger.

Central Glass had not previously carried out any hazard identification and risk assessment process in relation to changing and fitting dies.  It did not have any safe work procedure for this task and did not provide adequate safety control measures such as mechanical lifting assistance.”

Kevin Jones

New old US research into driving and talking

The New York Times has revealed research on the hazards of driving and using mobile phones that was withheld since 2003.   The newspaper understandably focuses on the intrigue that prevented the report from being released but the content of the report has the potential to substantially change how companies “manage” the hazard of their staff using mobile phones whilst driving. Pages from original

The report, obtained through Freedom of Information and made available on the newspaper’s website, was a  substantial project for the National Highway Traffic Safety Administration and, according to NYTimes:

“The research mirrors other studies about the dangers of multitasking behind the wheel. Research shows that motorists talking on a phone are four times as likely to crash as other drivers, and are as likely to cause an accident as someone with a .08 blood alcohol content.”

The full report is available by clicking on the image in this post.

Kevin Jones

The myth of the three-hour sleep

The Australian media has widely reported that Australian Prime Minister, Kevin Rudd, exists on three-hours sleep per night.  He doesn’t and Professor Drew Dawson, a prominent Australian sleep researcher, discusses the exaggeration of high-flying professionals in an article at Crikey.com on 21 July 2009.

More research of  Professor Drew Dawson, Director, Centre for Sleep Research, University of South Australia, is available online.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd