Category: law

Unsafe worker gets his job back

The front page story in the The Australian newspaper has generated many emails and phone calls to SafetyAtWorkBlog from irate safety professionals.

The nub of the story is that Fair Work Australia has reinstated a worker who was sacked because of consistently unsafe work practices.

It is important to remember that the decision by Fair Work Australia is undertaken under the Fair Work Act 2009 and not occupational health and safety regulations.  In the case of Norske Skog Paper Mills (Australia) Ltd the relevant OHS legislation would have been New South Wales.

The story revolves around the dismissal of an employee not the unsafe actions of that worker. Continue reading “Unsafe worker gets his job back”

Small business OHS shortcomings

The home insulation debate in Australia is fragmenting.  Workplace safety is one of the chunks of debate heading in an unknown direction (political safety goggles anyone?)  The Australian newspaper included an article on 19 February 2010 that, although coming from the insulation sector, illustrates a dominant misunderstanding by small businesses.

The proprietor has run many businesses in a range of industries but he clearly has little understanding of his OHS obligations as he denies any responsibility for the death Matthew Fuller, an employee of the firm he contracted to undertake insulation installations, QHI Installations.  The proprietor states the reason is that “we did not employ him.”   Continue reading “Small business OHS shortcomings”

Forklift incident leads to amputated foot and $60,000 fine

All workplace incidents result from a combination of actions and circumstances that come together at a specific point in time that can result in injury or damage.  WorkSafe Victoria reported on 17 February 2010 about a company that was successfully prosecuted, and fined $A60,000, after a worker had his foot crushed under a forklift.  The worker’s foot was later amputated.

Below is a summary of the incident taken from a WorkSafe media release (not yet available online):

“A Kilsyth company was convicted and fined $60,000 on Monday after a forklift driven by a 22-year-old man tipped over, crushing his foot which was later amputated.

The worker was not licensed to drive a forklift – nor was he wearing a seatbelt when the forklift tipped in December 2008. Continue reading “Forklift incident leads to amputated foot and $60,000 fine”

Reviewing Today Tonight’s insulation exclusive

As an example of “tabloid TV” the Today Tonight (TT) report broadcast on 17 February 2010 concerning children assisting workers to install insulation, was very good.  It probably benefited from my own appearances remaining brief.

The topicality of a story on the home insulation industry could not have been higher yesterday as a Senate inquiry into the Australian Government’s environment and job creation scheme held hearings in Melbourne.  TT led its show with the scandalous report.

The video of a young boy handling large bags of insulation on a roof is disturbing; the unprotected handling of the insulation material by the young boy is similar.  That the children were allowed to be on the roof by the homeowner and parents is a parental supervision issue and outside the scope of this blog.  That the workers allowed them to be present and did not tell the children to get down is more disturbing and a clear breach of the workers’ OHS obligations. Continue reading “Reviewing Today Tonight’s insulation exclusive”

Australian employer groups are out for blood

For some reason several Australian newspapers on 16 February 2010 carried articles about the possibility of prosecuting the Federal Environment Minister, Peter Garrett, over recent deaths associated with an insulation rebate scheme, he launched and his Department administers.

The employers are drawing a long bow to support their calls.  They are linking several related OHS issues in order to score political points the recent High Court decision on New South Wales (NSW) OHS laws, the Federal Government’s programs for harmonising OHS laws and the insulation installer deaths. Continue reading “Australian employer groups are out for blood”

Insulation debate shows flaws in OHS harmonisation plans

On an Australian current affairs program on 11 February 2010, the Environment Minister was asked questions over the deaths of insulation installers.  Watching the interview was both fascinating and uncomfortable. (Video and transcript is available)

The interviewer, Kerry O’Brien, kept the focus on the deaths of the installers, a position that humanises the insulation installation debate and move the focus away from the public service and policy development. Continue reading “Insulation debate shows flaws in OHS harmonisation plans”

Missed OHS issues in insulation debate

The future of Australia’s Environment Minister, Peter Garrett, is uncertain as he struggles for credibility in the wake of furious political attacks.

In the various media discussions there are hints of other issues, some related to OHS in Australia, that demand attention.

Australian Standards and safety planning

Chris Bowen, Minister for Financial Services defended Garrett’s handling of the foil insulation issues by referring to the role of the Australian Standard.  Bowen says the installation of the foil insulation meets the appropriate Australian Standard and that meeting the criteria of the Australian Standard was a prerequisite for government grants being made available. Continue reading “Missed OHS issues in insulation debate”

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