Category: law

Similarities between the regulation of environmental and workplace safety

In June 2011, Victoria’s Environment Protection Authority (EPA) released a revised Compliance and Enforcement (C&E) policy.  There seemed to be some similarities to WorkSafe’s C&E policy, developed in 2006, so SafetyAtWorkBlog spoke this afternoon to John Merritt, who became the CEO of the EPA in early 2010 after many years as the executive director of WorkSafe Victoria.

In an exclusive podcast with SafetyAtWorkBlog Merritt, a major participant in the development of both policies, provides a useful insight into

  • Why a revised C&E policy was necessary
  • The similarities of environmental and workplace safety enforcement
  • How WorkSafe enforcement lessons can be applied to environmental protection
  • The cooperation between government agencies
  • Balancing transparency and information provision
  • EPA’s use of social media
  • Maintaining a local focus in a world of global environmental challenges

The podcast should be of interest to those professionals who need to manage the, often competing, business elements of environmental, safety and health obligations.

Kevin Jones

New quad bike poster establishes a safe operation benchmark

In July 2011, it was noted that the quad bike manufacturers had revised the wording of  their poster about quad bike safety.  The website that provided an online version of that poster is now under redevelopment.  However Australia’s Heads of Workplace Safety Authorities (HWSA) has released its own poster outlining the basic elements of quad bike safety in Australia and New Zealand.

The poster advises that:

BEFORE YOU BUY

Find out whether a quad bike is the best vehicle option for your farm.

Prompt investigation is essential to prevent injuries

Injuries at work are often dismissed as Report Only or other category that does not require an investigation.  But all incidents should be investigated and promptly.  A recent prosecution of a tuna company in South Australia illustrates this point well.

SafeWorkSA’s media release provides basic details:

“On the 23rd of January, a male employee suffered deep lacerations to his right index finger while attempting to clear a blockage of cardboard in a caser machine, which seals cardboard boxes.

On the 11th of February, a female employee suffered a serious hand injury when trapped by moving parts in the same unguarded opening of the same machine.

The male worker recovered from his injuries quickly, and but the female worker sustained serious bone, nerve and tendon damage, that left her right hand permanently impaired.”

The court was told that the investigation into the first incident was poor.  In fact the Industrial Magistrate, Stephen Lieschke, described it as “incompetent”. Continue reading “Prompt investigation is essential to prevent injuries”

Near miss incidents are the best opportunities from which to improve safety

One of the most frustrating parts of being a safety professional is that “near misses” or “near hits” or “close calls”, as some refer to them, are often neglected even when these events are often the best to investigate as no one was directly injured.

The significance of the near miss may be illustrated by a court case and penalty from South Australia on 28 July 2011.  The media release states that Kyren P/L was fined over $A40,000 after a dogbox fell over 30 metres without anyone being injured. (The full court decision is available online)

“In August 2008 at a building site in Coglin St. Adelaide, an attempt to lift a fully-laden work box (known in the industry as a ‘dog box’) to the seventh floor ended catastrophically when the tower crane failed sending the dog box into a 30-metre freefall. It landed in the laneway separating the site from an adjoining business.  A plastic bin beneath was crushed.  Some hoarding was damaged, and there was minor structural damage to the guttering of a neighbouring building which housed a law firm.

The prosecution arose after the investigation determined that two employees of the law firm were at risk of harm because their duties required accessing rubbish bins in the laneway.  However the defendant had failed to declare Continue reading “Near miss incidents are the best opportunities from which to improve safety”

Business groups have different stances on harmonisation issues

The politics of the Australian print media may be illustrated by an article in The Australian Financial Review (AFR) (only available through subscription or hard copy) on 27 July 2011 that, essential contrasts yesterday’s article in The Australian.

Today’s AFR article places the Australian Industry Group (AiGroup) and the Business Council of Australia (BCA) in contrast to the ACCI and the NSW Minerals Council over the implementation timetable on OHS harmonisation.  Mark Goodsell of AiGroup said in the AFR that all parties have been able to voice their concerns throughout this three year review process:

“So we would be very disappointed if there was a fracturing of commitment to harmonisation or if the timetable was pushed out.”

The objection to an extension of time places AiGroup in opposition to the WA Government’s Commerce Minister Simon O’Brien. Continue reading “Business groups have different stances on harmonisation issues”

Harmonisation timetable stoush

The Australian newspaper has reported serious threats to the Australian Government’s timetable for the harmonisation of OHS laws.  A threat to the government’s strategy was always possible from the fact that State government’s were likely to change from predominantly Labor Party States to Conservative parties over the period of harmonisation.  The Australian says that the threat is becoming a reality.

Western Australia, an unhappy participant in harmonisation, has begun questioning the deadline of 1 January 2012 for the introduction of harmonised OHS laws.  The WA government has been a consistent critic of some of the element s of the process but, to some extent, the latest statement from West Australia’s Commerce Minister Simon O’Brien could be interpreted as a willingness to sign up to the changes if more time for implementation is granted.

O’Brien and the WA government may be receiving some support from political colleagues in Victoria going by the comments from the Victorian Government.  In an almost unique acknowledgement of the harmonisation process a spokesperson said:

“The focus of developing a national OHS framework should be not on harmonisation for harmonisation’s sake, but rather on achieving beneficial outcomes, both for the nation as well as Victoria…..In addition, any harmonised national OHS framework must not result in increased compliance costs and more onerous regulations.”

The mention of national interest aligns well with WA’s objections. Continue reading “Harmonisation timetable stoush”

Fatigue dispute illustrates ideological clash

The Australian newspaper reports today (26 July 2011) of a clash between the Construction Forestry Mining & Energy Union (CFMEU) and BHP Billiton over fatigue management.  Fatigue management is one of the workplace hazards scheduled for a draft code of practice under the OHS harmonisation process.

The CFMEU believes that the current mining-related guidance  is inadequate.

“The Construction Forestry Mining and Energy Union says the government buckled under industry pressure and abandoned plans for binding industry standards that would minimise the risk of workers doing successive 12-hour shifts and then driving long distances on public roads.”

The flaw in the CFMEU’s campaign is that it has been selective in its choice of fatigue documentation.  Looking at the industry sector rather than the hazard or risk limits the hazard control options.  In the current case the CFMEU is not acknowledging many of the fatigue guidancesand documents that are available from Workplace Health and Safety Queensland or from some of the other States and even from overseas as this Safe Work Australia document from 2006 shows.

In fact the narrow selection of guidance in this instance makes a strong case for greater collaboration in the development of information across industry sectors and State jurisdictions – one of the aims of harmonisation. Continue reading “Fatigue dispute illustrates ideological clash”

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