Category: law

Dignity At Work, different UK and Australian approaches

On 26 January 2010, a fascinating document was released from England concerning  workplace harassment and violence.  This builds on earlier work in Europe and has led to the joint guidance on “Preventing Workplace Harassment and Violence“.

The guidance has the demonstrated support of employer, employee and government representatives who have committed to

“…ensuring that the risks of encountering harassment and violence whilst at work are assessed, prevented or controlled.”

Significantly they also state

“We will implement our agreement and review its operation.”

Continue reading “Dignity At Work, different UK and Australian approaches”

Business assessment of OHS

Australia’s Productivity Commission released its draft report into Performance Benchmarking of Australian Business Regulation: Occupational Health and Safety on 27 January 2010.  The 432-page report will take some time to read and digest but below are the general key points of the report

  • “This study compares inter-jurisdictional differences in occupational health and safety (OHS) legislation in 2008-09 and its administration and enforcement and the costs they imposed on business. Such benchmarking provides information which can support current moves to establish a consistent regulatory approach to OHS across all jurisdictions.
  • Generally, OHS performance has been improving. National injury incidence rates have fallen almost 20 per cent between 2002-03 and 2007-08. Continue reading “Business assessment of OHS”

Survey shows continuing increase in mobile phone use while driving

The use of a mobile phone while driving can be very dangerous for other vehicles, pedestrians and drivers themselves.  New communications technology has been devised to accommodate the less-new technology of mobile phones but in itself hands-free technologies are masking the risk.

Although this hazard is across the driving community, there is particular relevance for workplace drivers as their status complicates the arguments against talking or texting while driving and provides additional control measures. Continue reading “Survey shows continuing increase in mobile phone use while driving”

Compliance campaigns not toothless

Regularly Australian OHS authorities announce campaigns in certain regions or for certain industries.   To some extent these campaigns are about raising awareness of OHS issues but the fieldwork by inspectors does have some real benefit for some employers and workers.

Often these campaigns result in scores of improvement notices being issued.  Safety improvements are a major part of this inspectorate activity so, to some extent, the more notices, the better.  But notices aren’t advisories, they are directions that require action. Continue reading “Compliance campaigns not toothless”

Inadequate support under a vehicle costs one life and £90,000

Newspapers regularly report of home mechanics being trapped or killed while working under their cars and the jack slips.  This type of event is less likely in workplaces because workshops have hoists or pits  where work can be undertaken under a fairly stable vehicle.  However not all vehicle repair happens in a workshop.

On 26 January 2010 a judge in the Old Bailey in England fined a vehicle maintenance company, Aviance UK Ltd, £90,000 over the death of Mohammed Taj in March 2008 after being crushed under a baggage tug at Heathrow Airport. Continue reading “Inadequate support under a vehicle costs one life and £90,000”

Prosecution of manufacturer of plant

On 25 January 2010, Jalor Tools P/L was convicted of two breaches of the 1985 version  of Victoria’s OHS Act following the death of Ekaterini Peripetsakis in the week before Christmas in 2006.  Ekaterini was hit in the chest by a piece of the router tool that broke off at very high speed striking killing her.  She was working in her family’s cabinet making business.

Jalor Tools was prosecuted by WorkSafe Victoria because there was no information provided about the maximum permissible operating speed of the router – between 6,000 and 8,000 rpm.   Continue reading “Prosecution of manufacturer of plant”

Something fishy in Tasmania’s abalone industry

Recently, SafetyAtWorkBlog received a long anonymous email concerning the death of David Colson, Tasmanian abalone diver who drowned in October 2007.  The Coroner completed his inquest into the death and released his investigation findings in early January 2010.  An earlier blog article on the findings can be found here

The correspondent pointed out that Allen Hansen, founder and managing director of Tasmanian Seafoods, the company that was to receive the abalone harvested by David Colson and Tony Burton, and a director the Tasmanian Abalone Council for an Export Award.  The award was in fact an Export Leadership Award.

There is no indication that workplace safety is a criteria in the awarding of the Export Leadership Awards.  The Award website describes Hansen as

“…truly an industry ‘builder’ and has made an outstanding contribution to developing the premier image of Tasmanian abalone.”

Attitudes to OHS in the abalone industry

The Coroner found that Allen Hansen’s company, Tasmanian Seafoods, did not have any procedures in place for when a boat did not return on time. Continue reading “Something fishy in Tasmania’s abalone industry”

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