Category: law

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”

Workplace deaths lead to reforms but not of workplace safety

Australia’s Environment Minister, Peter Garrett, has provided a clear indication that, although Julia Gillard may understand OHS, his department does not.

In 2009, several installers of domestic insulation died.  One died from heat stress from working in the ceiling space, another was electrocuted as the metal staple he was using to install foil insulation pierced an electricity cable.  Now the political heat is on the Australian Government because it was their climate change policy that led to a boom in unregistered and inexperienced insulation installers. Continue reading “Workplace deaths lead to reforms but not of workplace safety”

OHS and the death of Brodie Panlock from bullying

On 8 February 2010, four workers at Café Vamp, a small restaurant in Melbourne Victoria, were fined a total of $A335,000 for repeatedly bullying, or allowing bullying to occur to, 19-year-old Brodie Panlock.  Brodie jumped from a building in September 2006.  Her family watched Brodie die from head injuries three days later.  They were unaware that Brodie was being bullied at work.

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