Category: law

Another go at homeowners being exposed to workplace prosecutions

In October 2009, Australian lawyer, Michael Tooma gained considerable media coverage by stating that under the model Work Health and Safety Act:

“..if I call out a tradesperson to do some work at my home, my home is their workplace and I would be a person at their workplace.  As such, I would have a duty to take reasonable care for my own safety and the safety of others and to cooperate with their reasonable instructions in my own home.  If I breach that duty I could be liable for a criminal offence.”

At that time SafetyAtWorkBlog was skeptical as it was hard to believe that this likelihood, or regulatory loophole, would be allowed to continue.  It seems that a decision in the New South Wales District Court on 4 March 2010 has provided Tooma with a case that supports his decision. Continue reading “Another go at homeowners being exposed to workplace prosecutions”

Man survives trench collapse, employer fined £3,500

Trench collapses can be one of the most horrifying incidents on a construction site.  The UK’s Health & Safety Executive has released photos of the trench in which a worker, Mark Miller according to one media report

“…suffered a broken leg and bruising, and was incredibly fortunate to survive the horror of being buried alive.”

The same media report from Cambridge News says

“The court heard Mr Miller was saved by Hill [the contractor and Miller’s employer],…. after he rushed to free the trapped worker.

Robin Cooper, prosecuting, said: “He was buried up to his abdomen and felt his left leg break.  More earth then collapsed on him and buried him to above his head.”

Continue reading “Man survives trench collapse, employer fined £3,500”

Could a prisoner’s death in a prison van be a breach of OHS laws?

ABC television program Lateline broadcast on 2 March 2010 an article (video available) about the death of 59-year-old Mark Holcroft in the back of a prison van in 2009.

Holcroft was a low risk inmate serving 7 months for a drink-driving offence.  He was several weeks into his sentence when he was being transported with six other prisoners to a low-security farm.  From the information made available by ABC, as Holcroft was dying in the van, the other inmates banged on the walls of the van and yelled to attract the drivers’ attention.  The van was equipped with a camera in each of the four corners of the van’s security compartment.  One inmate repeatedly signed at the cameras to attract the attention of the drivers. Continue reading “Could a prisoner’s death in a prison van be a breach of OHS laws?”

OHS due diligence and safety management

In the February 2010 newsletter for Australian law firm, DLAPhillips Fox, Andrew Ball and Donna Trembath wrote about one of the important elements of the model Work, Health & Safety Act – due diligence.   We look at how SafetyAtWorkBlog and other OHS information services can support due diligence on OHS matters.

Ball and Trembath list 6 elements in the definition of due diligence (in bold):

Acquire and have up to date knowledge of work OHS matters.

This first element is where business and OHS information sources are going to be crucial supporters.  OHS law in Australia has always supported the need for companies and safety professionals to maintain a current state of knowledge.  There have always been newsletters on OHS issues but it is very easy to fall into a habit of reading only the information that will assist one in their job rather than getting information that relates to safety throughout a workplace.  The use of Health & Safety representatives or OHS Committees can be important in maintaining a “corporate” state of knowledge.  Delegation of reading information can be very useful and HSRs and OHS Committees are probably the most neglected preventative tools in the safety professionals toolbox. Continue reading “OHS due diligence and safety management”

Some families in South Australia blame WorkCover for their partners’ suicides

In January 2010, Today Tonight in South Australia aired a disturbing report about the workers compensation reforms in that State.  It talks to two widows who blame WorkCover SA as contributing to their husbands’ suicides.  One man left a suicide note explicitly blaming WorkCover SA, emphasising his point by jumping to his death from the sixth floor of the WorkCover office building.

The video report is available HERE under the title WorkCover Suicide.

One of those interviewed in the story is Kevin Purse who undertook a report into the SA workers’ compensation system on behalf of SA Unions.   Continue reading “Some families in South Australia blame WorkCover for their partners’ suicides”

Workplace Bullying petition is now online

In February 2010, an Australian Facebook Group has put together a petition to call for a thorough review into issues associated with workplace bullying.  The initiative stemmed from the successful prosecution of four men who contributed to the suicide of Brodie Panlock through their bullying behaviours.  The petition, subtitled “Petition For Criminal and Workplace Reform In Australia For Psychological Abuse”,  has now been prepared and is seeking support.

The crux of the petition is:

“Your petitioners ask that the Parliament:

SA Liberal party policy on WorkCover

It is less than  a month to the state election in South Australia so policies are being released frequently.  This week the South Australia Liberal Party released a WorkCover policy – 18 pages  saying it will “fix Labor’s mess”.

The policy is linked to through this blog article for several reasons.  Many Australia States have elections in 2010 and in most States, the Liberal Party is in opposition.  The SA policy may indicate some of the measures to be promoted in other States elections.

Also, policy statements tend to be quietly dropped from party websites and agenda if they become embarrassing after a loss.   Continue reading “SA Liberal party policy on WorkCover”

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