Category: law

Good bullying advice needs grounding in prevention

Recently SafetyAtWorkBlog discussed the quality of media releases on OHS matters.  A very good one was received the other day from Firefly Marketing.  The noticeable quality of this release is that although its purpose is to promote a conference, the release provides fresh and unique comments that have stand-alone benefits.

The statement includes several comments concerning workplace bullying.

Regulator

WorkSafe Victoria‘s media manager, Michael Birt  says

“The death of Brodie Panlock has received the most media attention of any WorkSafe Victoria prosecution – ever.  The case was covered extensively by Australia’s national media but was even reported in countries from the Netherlands to Russia.  The details will stay on Google forever.  The actions of Brodie’s tormentors will follow them.” Continue reading “Good bullying advice needs grounding in prevention”

Midland Bricks fined $70k for a ripped-off arm

WorkSafe WA has released a statement detailing the prosecution of Midland Bricks over a worker had his right arm and shoulder torn from his body by a machine in 2006.

Midland Bricks was fined $A70,000 over the incident.

The factors involved in this incident include the following familiar issues:

Workplace bullying questions to WorkSafe

Following the successful prosecution of four people for bullying 19-year-old Brodie Panlock, SafetyAtWorkBlog, with the assistance of a lawyer put several questions to WorkSafe Victoria about the case.  Most of the questions and their responses are below:

“SAWB: Could you please advise the reasons for the decision to prosecute the recent workplace bullying case in the Magistrates Court as opposed to the County Court?    My understanding is that this choice limited the potential fine for the individuals involved to 500 penalty points instead of 1800 , and for the company to 2500 instead of 9000.

WV:  In this case, we thought the Magistrates’ Court had the appropriate sentencing discretion to impose a proportionate and fair sentence.

In addition, Magistrates’ Court proceedings takes less time and produce more certain results than County Court proceedings – these charges were issued in July 2009 and resolved in February 2010.   Continue reading “Workplace bullying questions to WorkSafe”

Public relations, OHS and a workplace death

In October 2009, Matthew Fuller was electrocuted while installing metal foil insulation in the roof of a house in Queensland.  He was a subcontractor for a registered insulation installation company called Countrywide Insulation.

Countrywide and its owner have been heavily criticised in the Australian media.  But Countrywide has “hit back” at critics with a media release on 16 February 2010, the only content on its webpage.  The release has a contact number for a representative of the Phillips Group public relations company.  The text of the release is below and is an interesting study in what is omitted and timing. Continue reading “Public relations, OHS and a workplace death”

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”

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