Category: law

New OHS laws could change the management of quad bikes

Dr Tony Lower has written an opinion piece in the December 2011 edition of the Medical Journal of Australia (not available without a subscription however a related media release is) about farm safety.  One statistic he quotes says:

“In tractors, rollover fatalities have decreased by 60% after the introduction of regulations requiring compulsory rollover protection structures.”

The very successful introduction of rollover protection structures (ROPS) in Australia was given a major boost by OHS regulators offering substantial rebates for the fitting of ROPS on top of the regulatory requirements.  A safety “spoonful of sugar” as it were. Continue reading “New OHS laws could change the management of quad bikes”

Inadequate risk assessment results in an injured worker and $99k fine

There is increasing attention being given to the preparation of Safe Work Method Statements (SWMS) in Australian OHS laws.  Amongst many purposes, SWMS should provide a basic risk assessment of tasks being undertaken, usually, that day.  Often SWMS are too generic by being prepared days or weeks earlier, often SWMS miss the big risks by looking at the small risks.  A New South Wales Workcover news release on 9 December 2011 indicates the potential inadequacy of risk assessment.

The media statement reports on a $A99,000 fine against Bulk Maritime Terminals Pty Limited (BMT).

“On 17 September 2008 two employees were unloading 25 to 30 bulk bags of clay powder into a tanker truck for transportation. Each bag weighed approximately 900kgs.

One employee was using an overhead gantry crane to lift each bag from the floor of the warehouse to the height of the tanker. The second employee was harnessed to the top of the tanker truck to open the spout on the bag.

After being lifted off the ground, one of the bags fell off the crane hook, knocking the operator of the crane to the ground. Continue reading “Inadequate risk assessment results in an injured worker and $99k fine”

Labor lawyer raises strong concerns over new Work Health and Safety laws

Yesterday morning, Mike Hammond of the Australian law firm, Norton Rose, conducted a seminar on the harmonisation of Australia’s work health and safety laws.  This was the last in the current series of seminars on this topic but Hammond’s seminar differed considerably from previous sessions.  Hammond is clearly less than enamoured with the model Work Safety and Health Act, describing parts of the legislation as “bad law” and asking whether the laws were examples of “social engineering”.

Understandably, these comments generated considerable discussion from the audience of around 50 people.

The crucial nub of Hammond’s concerns was the lack of essential definitions in the model law.  Continue reading “Labor lawyer raises strong concerns over new Work Health and Safety laws”

Opinion to HIA based on estimates, assumptions and unverified data

The SafetyAtWorkBlog inbox this afternoon received a document entitled “The Work Health Safety Bill – Review and Economic Impact Estimates” by consulting firm, Hudson Howells.  SafetyAtWorkBlog has been advised that this report was recently prepared at short notice on behalf of the Housing Industry Association (HIA).  It may be one of the documents seen by at least one South Australian Parliamentarian in the  recent debate on OHS harmonisation, as reported in a blog article earlier today.

The document provides some background to the HIA’s claims that the costs of domestic housing may increase by around $A20,000 per dwelling due to the introduction of harmonised workplace health and safety laws in South Australia. Continue reading “Opinion to HIA based on estimates, assumptions and unverified data”

South Australia’s postponement of harmonisation shows the political weaknesses of the process

South Australia’s Parliament has delayed the introduction of its Work Health and Safety (WHS) Act until 2012 by postponing debate on the WHS Bill until February 2012.  The instigator for this action was the opposition (Liberal) parliamentarian, Rob Lucas, who SafetyAtWorkBlog has written about previously.

Lucas has issued a media release that states

“The Weatherill Government has continued to ignore the growing concern from industry organisations about the impact on housing affordability and the costs of doing business. Employer groups such as Business SA, the Housing Industry Association, Master Builders Association, Motor Traders Association, Australian Hotels Association, Civil Contractors Federation, Self Insurers of South Australia, and Independent Contractors Australia are all supporting significant amendments to the legislation…..

“It is also now clear there is no prospect of ‘harmonised’ work safety laws operation in all states and territories. Continue reading “South Australia’s postponement of harmonisation shows the political weaknesses of the process”

Quad bike manufacturers withdraw from the safety campaign

The Weekly Times newspaper can feel justifiably chuffed that it has played a significant role in changing some of the attitudes on the safe operation of quad bikes.

It’s front page article on 23 November 2011 reports on a considerable backdown by quad bike manufacturers in Australia on the issue of rollover protection structures (ROPS) or crush protection devices (CPDs). (The cartoon is very funny also) Motorcycle manufacturers have been supporting a campaign and website through the Federal Chamber of Automotive Industries (FCAI) but even recent media releases (FCAI MOVES TO DE-BUNK ATV ROLL-OVER PROTECTION MYTHS )  have been removed from the FCAI website  and the FCAI spokesperson has been “directed by ATV makers not to discuss the issue” according to the Weekly Times.  FCAI’s 2010 position paper on quad bike safety continues to be accessible.

New CEO

SafetyAtWorkBlog has been told that there is industry speculation that the sudden change in policy direction is due to the September 2011 appointment of a new CEO, Ian Chalmers. Continue reading “Quad bike manufacturers withdraw from the safety campaign”

Workplace Bullying is a significant challenge even if the reality is smaller than expected

An article in the Weekend Australian newspaper and magazine (not available fully online) provides some statistics that raise serious questions about the level of bullying in workplaces in Australia, with particular focus on Victoria.  Of the 2,080 complaints lodged with WorkSafe Victoria in 2010-11

“only eight were deemed serious enough to warrant possible prosecution.”

Yet the OHS regulator received 7,050 inquiries about bullying.  There is clearly a problem in Victorian workplaces but it is not always bullying, as defined under OHS law.  Something else is happening and it has been happening for some time.

As reported previously in SafetyAtWorkBlog, the issue of workplace relationships is broader than can be handled by one regulator under one law.  There are human rights issues, mental health issues, harassment  and potential suicides – a range of social issues that should have taken the prevention of “workplace bullying” out of the workplace sometime ago.

The newspaper article, by Richard Guilliatt, draws on several significant cases of proven workplace bullying beyond the more familiar case of Brodie Panlock.  Christine Hodder’s suicide in 2005 following bullying in the New South Wales Ambulance Service generated a review of the organisation that found systemic bullying.  Sixteen year old Alex Meikle committed suicide in 2008 after many workplace “pranks” that included being set on fire. Continue reading “Workplace Bullying is a significant challenge even if the reality is smaller than expected”

© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2024. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

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