law – Page 204 – SafetyAtWorkBlog

Finger amputation and arc flash burns

SafeWorkSA has issued media releases on 20 January 2010 concerning two recent decisions from the Industrial Relations Court. The first of these will a situation of bypassing a machine guard that is all too familiar to OHS professionals –

“a pair of vice grips had been attached to the finger guard at the front of the press, restricting its full range of movement and allowing access to the main moving parts during operation”.

The plant was a Hallbank 40 Tonne Front Press and the operator, Karen Carter, was unfamiliar with the machine. Prior to this hearing there was a dispute of facts hearing concerning who set up the press prior to the incident. Continue reading “Finger amputation and arc flash burns”

Update on New Zealand cool store explosion

On 15 December 2009, a New Zealand Court penalised two companies and a director with fines totalling over $NZ390,000 over an explosion in a coolstore that result in the death of one firefighter and injuries to others. In the comments section of a previous blog article the following questions were put to the New Zealand Department of Labour (DoL). Their responses are included below Continue reading “Update on New Zealand cool store explosion”

Do “enforceable undertakings” equal justice?

The issue of “enforceable undertakings” for breaches of OHS law receives an interesting interpretation in the Courier-Mail newspaper on 18 January 2010. “Enforceable undertakings” are unfairly described as “plea bargains” but the article does provide some comparisons to support the argument.

The first example provided where a worker was left a paraplegic sounds like a plea bargain in that there was a negotiated “agreement to avoid being brought the courts” but more information is required.

The second, concerning the injury to patrons at the Sea World theme park, is treated too briefly and is likely to involve issues of public liability. However the dollar comparison in this example may raise the need to ensure that any enforceable undertakings should be comparable in dollar value to the initial fine. Continue reading “Do “enforceable undertakings” equal justice?”

Politics and safety in California

Workplace safety, as is any legislation, is subjected to the political whims and decisions of whichever political party is in power at the time. In Australia, John Howard’s conservative government almost halved the already meagre budget of the National OHS Commission, stopping many of the programs of national OHS uniformity that are now being resurrected by the Labor Government of Kevin Rudd.

On 14 January 2010 an investigative report into the operation of Cal-OSHA by KCET says that there was a marked change in the enforcement policies of Cal-OSHA shortly after the election of Republican Arnold Schwarzenegger as Governor of California. Continue reading “Politics and safety in California”

Cabinet-making compliance

In March 2008, in Western Australia, a 22-year-old worker was crushed to death when a stack of veneered chipboard sheets toppled onto him. This sparked an audit campaign of the cabinet-making industry in 2009 by WorkSafe WA about which some results were released on 12 January 2010.

Such results are not often covered in this blog but the number of improvement notices provide a useful summary of the persistent hazards present in this industry and on machinery that is used in a variety of workplaces. Continue reading “Cabinet-making compliance”

Risk/Reward trade-off

On 11 January 2010, the Tasmanian Workplace Relations Minister, Lisa Singh, announced a new safety focus on the abalone industry following the findings of a coronial inquest into the death of David Colson in 2007.

There are several interesting elements to the Minister’s decision. Firstly and, perhaps, most importantly, the decision shows the significant role that Coroners in Australia play in improving workplace safety. For legislative change, it is difficult to see any more effective political motivator.

Also, the Coroner can express opinions based on evidence in a way that few other courts do. The findings are not yet publicly available. Continue reading “Risk/Reward trade-off”

Health Department bans all employees from smoking at work

Most of the Australian media have reported on a memo to staff of the Australian Department of Health that only allows smoking while on meal breaks. Health Department employees are not permitted to smoke while undertaking departmental duties or “when representing the department in any capacity”.

Government authorities have long participated in smoking reduction campaigns which have succeeded in minimising smoking. Workplaces in Australia already have workplace smoking bans. So what’s caused the memo (a copy which has not been seen by SafetyAtWorkBlog) to be issued?

The principal reason seems to be to improve the “professional reputation of the department”. It has always been a ridiculous image to see Health Department employees crowding around departmental doorways smoking cigarettes. Continue reading “Health Department bans all employees from smoking at work”

Category: law

Finger amputation and arc flash burns

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Update on New Zealand cool store explosion

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Do “enforceable undertakings” equal justice?

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Politics and safety in California

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Cabinet-making compliance

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Risk/Reward trade-off

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Health Department bans all employees from smoking at work

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