justice – Page 18 – SafetyAtWorkBlog

Daniel’s story

Below is an article submitted to SafetyAtWorkBlog as a comment several days ago. After much deliberation I have decided to publish this as an article for the consideration of readers and in the hope that someone may be willing to provide some practical assistance to Daniel.

Daniel has provided a phone number and email address to SafetyAtWorkBlog. Please contact the Editor if you are able to help.

“This is my story. I have tried different other government departments last year to get some help all I have got is the runaround so I thought I would try here. I really don’t know how to word this or where to begin so I’ll start from 2003. I was working for a company here in Adelaide for about a year when I had an accident at work, a week later I was put on work cover my boss decided to get rid of me because I was no used to him anymore. I spent the next three years on work cover, setting at home and slowly going crazy I spent most of that three years fighting work cover to get them to do something to get me back to work but nothing ever happened. after losing my family and everything I had while I was on work cover,

“Finally I was offered redemption prayer out. It wasn’t much for the price I had to pay to be left with a permanent disability and plus I was suffering from depression from the time I spent on work cover I lost my identity as a person and felt completely demoralized. And feeling Continue reading “Daniel’s story”

Important OHS and legal issues in findings of South Australian Coroner into young man’s death

The debate on OHS laws will be passionate in the pre-election frenzy of New South Wales but the OHS law reform is a national strategy and the safety debate is not asleep in the other States.

On 11 February 2011, AAP ran an article about the long-lasting familial and social effects a horrible workplace incident in South Australia in 2004. Diemould Tooling Services (fined in 2009) took its appeal against prosecution to the High Court of Australia in 2008 and on 10 February 2011, almost six years after the death of 18-year-old Daniel Madeley, South Australian Coroner Mark Johns has said, at Madeley’s inquest:

“A horizontal boring machine had been operated at Diemould for years in a condition which could only be described as deplorably unsafe. It could have been guarded, but was not. It could have had a braking system, but did not. It could have had an automated lubrication system, but did not.

“Many other things could have been done, but any one of these would have been sufficient to save Mr Madeley’s life….”

Coroner Johns was very critical of SafeWorkSA about its actions following the 2004 death. The coroner’s findings make for disturbing reading on several issues. Continue reading “Important OHS and legal issues in findings of South Australian Coroner into young man’s death”

The Social Media is the Message

Melody Kemp in Vientiane writes:

The apoplectic brouhaha that greeted Wikileaks in the past few months has shown us the power of the internet to upstage, discomfit and enrage. Governments like corporations operate under a variety of ‘commercial-in-confidence’ scores, the cadence of which changes with the degree of self interest at hand. That Wikileaks has been disclosing documents for years is of no consequence to our reactionary leaders. Just as labour groups and activists, long been warning industry about workplace hazards, have been greeted with similarly leaden ears.

Earlier this year, a delegation of international labour activists and trade union leaders visited Laos. While being taken around various work sites by Lao trade union and government officials, they were horrified to find bags of asbestos labeled Produced In China in one roofing tile fabrication shop. They should not have been surprised. The nominal communist bloc states of Asia have close trade, military and strategic ties. In that bloc the proletariat has little status and, like mushrooms, are generally kept in the dark.

One of Lao’s four Vice Presidents is known to foster and enjoy close and at times unseemly business relationships with Yunnan, Continue reading “The Social Media is the Message”

Neglect by company directors found to have contributed to death of worker

It is always fascinating to hear of directors of companies being found personally guilty for workplace health and safety breaches because it seem to happen so rarely.

The latest instance in Australia occurred on 3 December 2010 following a 2007 death of a 22-year-old rigger named Luke Aaron Murrie. Below is WorkSafe Western Australia‘s media release on the case.

“A Malaga hoist and crane company has been found guilty of failing to provide and maintain a safe workplace and, by that failure, causing the death of a worker.

Two Directors of the company were also found guilty of breaching a section of the Occupational Safety and Health Act dealing with offences that occur with the consent or connivance of a Director or are attributable to the neglect of the Director. Continue reading “Neglect by company directors found to have contributed to death of worker”

WorkSafe’s Homecoming Advertisements

‘Why is the most important reason for good workplace health and safety standards not at work at all?’ asks the Homecoming advertisement by implication. Because the injured or killed worker will leave his/her family behind, or harm them if they are injured or killed. S/he needs to think about them and the workplace H&S standard; about their pain and the OHS standard. About them and his/her possibly unsafe behaviour at work so s/he can return home in one piece; return to them. And the imagery is of a patiently waiting young boy, waiting for his father at the front of the house holding a ball. How desperate, lost and lonely that little boy would be if his father (in this case) was killed at work. Your heart goes out to him and thereby an emotional driver has been activated. And, in truth, tragically, such occasions do happen, too often.

Then the father appears and the boy smiles from ear to ear, we can feel the happiness permeating the ambrosia of human wellbeing. Father has come home safe and sound, boy is happy, family is whole, healthy and safe. I can’t remember, does mother peak smilingly from behind the corner as dinner simmers in the kitchen? Your heart swells. Good advert wouldn’t you say?

It’s very hard to change people’s behaviour. It’s hard to get people to effectively achieve sustained improvements in anything. Therefore, haven’t the marketers achieved a lot with this series of advertisements?

Let’s see: first, are there likely to be any OHS improvements at work as a result of any of these ads? I haven’t seen any, have you? Think hard, what exactly has changed?

Secondly, have managers been touched by these ads so that they will now rush out and make dramatic OHS improvements? Continue reading “WorkSafe’s Homecoming Advertisements”

Half price psychosocial hazard books

Rarely does SafetyAtWorkBlog recommend the purchase of books but Federation Press is offering 50% off any Willan Publishing titles through to 17 December 2010. For those unfamiliar with this publisher, below are some of the titles that are relevant to occupational health and safety:

Safety Crimes by Steve Tombs and David Whyte

Workplace Violence by Vaughan Bowie, Bonnie Fisher and Cary L Cooper

Violence at Work by Martin Gill, Bonnie Fisher and Vaughan Bowie

There are many other titles concerning social issues which may be of relevance to some industrial sectors.

Kevin Jones

Note: SafetyAtWorkBlog occasionally receives review copies from Federation Press but with this special offer, a selection of books have been purchased.

Australian business is outraged over OHS changes but is it all piss and wind?

Australian business groups have written an open letter to the New South Wales Government protesting about the decision to continue with some OHS processes specific to New South Wales regardless of previous commitments to support the harmonisation of OHS laws. As the letter was published as an advertisement (Page 6 of The Australian on 20 October 2010), it is not readily available online but the letter needs a little bit of deconstruction to better understand the politics and ideologies behind the letter and the business associations.

The letter says Australian industry signed on to the national harmonisation process because of the need for an effective way of improving safety, fair legal processes and national consistency. Yes, to some extent but more often industry groups have been calling for a reduction of red tape for the purpose of reducing administrative costs. Reducing the injuries and fatalities of workers is not the same as “improving the safety of Australia’s workplaces”.

The ideological gap is shown in the argument against the national imposition of “reverse onus of proof”. The letter uses Victoria as an example of a jurisdiction without the reverse onus of proof and says

“Victoria, which was used as the model for the new national laws and which does not have union prosecutions or reverse onus, has between 30% and 50% better safety outcomes than NSW depending on the measurement used“. (my emphasis)

What is a “better safety outcome”? Less deaths? Less cost to business? Is it fair to compare NSW to Victoria? And can the variation in “safety outcomes” be directly related to reverse onus of proof? Continue reading “Australian business is outraged over OHS changes but is it all piss and wind?”

Category: justice

Daniel’s story

Like this:

Important OHS and legal issues in findings of South Australian Coroner into young man’s death

Like this:

The Social Media is the Message

Like this:

Neglect by company directors found to have contributed to death of worker

Like this:

WorkSafe’s Homecoming Advertisements

Like this:

Half price psychosocial hazard books

Like this:

Australian business is outraged over OHS changes but is it all piss and wind?

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: