Category: lawyers

Small fine of $1250 but important safety lessons

An OHS fine of $A1250 hardly seems newsworthy but several important issues are illustrated by a prosecution in Western Australia on 10 November 2011, particularly, individual responsibility and accountability.

WorkSafe WA has released details of a prosecution against an individual worker over the fall of material from 15 metres towards fellow construction workers.  The media release (not yet available online) says that

“In July 2009, Mr Bell was employed by Perth Rigging Company Pty Ltd on a site at Naval Base where steel roof sections were being placed on concrete silos. He was in charge of arranging how the steel roof sections would be lifted into place.

The first roof section had been placed on one of the silos, and the second section (which was 18 meters long, six metres wide and weighed more than 10 tonnes) was to be lifted onto another of the silos.

Perth Rigging did not have available the necessary rigging equipment to lift this roof section, and the site supervisor offered to obtain this equipment. The offer was accepted, but Mr Bell did not stipulate what rigging equipment was required. Continue reading “Small fine of $1250 but important safety lessons”

There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria

WorkSafe Victoria has been heavily criticised in the media over recent days about “revelations” of workplace bullying within the authority, a government authority that has the role of regulating workplace safety, a role that includes reducing the risk of bullying.

It would be easy to only look at the newspaper articles of this week but the issue has been bubbling away for some time.  WorkSafe has always struggled with addressing workplace bullying in its own staff, the community and other government agencies.  But this is not unique.  A 2010 report on bullying in the Victorian public sector showed a high incidence of workplace bullying across the public service going back to 2005.  What makes the WorkSafe situation different is that the hazard of workplace bullying is being alleged in the organisation who should know best how to control it.

The Age has reported previously on bullying in the public service previously in 2005.  The Age reported then that

“The Government’s own research, based on a survey of 14,000 public sector workers, found that more than one in five had been bullied or harassed by colleagues or managers in the past year. A further 40 per cent had witnessed others being abused.”

Karen Batt, a long-serving State Secretary of the Community & Public Sector Union (CPSU), has been outspoken on workplace bullying every time the matter has been raised in survey reports and the media for many years.  The recent Age articles quote her extensively and The Age’s publisher, Fairfax, has even posted recent audio of Batt’s opinions.

But it is important to ask why the issue of workplace bullying at WorkSafe has reappeared, now,  in late September 2011. Continue reading “There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria”

Regulatory Impact Statement to be released on 14 September 2011

According to a media release from Senator Chris Evans, the Australian Minister for Workplace Relations,  the Regulatory Impact Statement for the new OHS regulations will be released today, 14 September 2011.  The release is not yet publicly available on-line so the full text is included below:

New health and safety regulations to boost national productivity

“Historic health and safety reforms will deliver up to $2 billion a year in productivity gains Minister for Workplace Relations, Senator Chris Evans said today.

The Regulatory Impact Statement (RIS) for the harmonisation of health and safety regulations released today confirms the economic benefit of a national OHS system and demonstrates that the reforms are on track to be implemented by 1 January 2012.

“The Statement vindicates COAG’s decision in 2008, and the Gillard Government’s determination to pursue OHS harmonisation as a key economic reform,” Senator Evans said. Continue reading “Regulatory Impact Statement to be released on 14 September 2011”

Santos slapped with stale celery over near-miss

More often than not people are disappointed by the sentences handed out by Courts on OHS breaches.  Even with sentencing guidelines, the ultimate decision rests with the judgement of the Court.  Today’s $A84,000 fine against Santos Ltd appears low considering that the incident had the potential to be catastrophic and the company has just  reported “half-year profit up 155% to $504 million”. (ABC News provides a good pocket description of the incident with The Age discusses the corporate impact at the time)

The 2004 incident involved a near miss but a near miss that was just a second away from a catastrophe.  The fact that no one was directly injured has been mentioned in many media reports but not being injured is not the same as not being affected.  Industrial Magistrate Ardlie’s decision records that some employees had to run through the gas cloud to reach the muster point.  Some had difficulty breathing.  One worker was knocked off his feet by the blast and had the fireball travel over him burning the exposed parts of his body.

Dr John Edwards of Flinders University is quoted in Industrial Magistrate Ardlie’s decision that, without prompt evacuation, “the exposure dose [to hydrocarbons] could have been considerable and life-threatening”. Continue reading “Santos slapped with stale celery over near-miss”

Concerns increase as Australia’s OHS law changes loom

Conference organisers IQPC started its two-day Safety in Design, Engineering and Construction conference on 16 August 2011.  The most prominent speaker on day one was Barry Sherriff of law firm, Norton Rose.  Sherriff spoke about OHS harmonisation‘s impact on the Australian construction industry.

Over time Australian labour lawyers generally have moved from saying that Victorian companies have little to worry about from the new laws expected on 1 January 2012 to quite alarming suggestions of challenges to do with contractor management and consultation.  Part of this modification of advice may be due to the increased analysis of company OHS systems.  Sherriff said that he has been surprised how many companies ask for advice about compliance under the new laws and yet are not complying under the existing OHS laws.

On the issue of consultation, Sherriff identified the “coordination of activities” and managing the “flow of information” as a critical element in the new OHS model laws.  But he stressed that such obligations have existed in OHS laws in many Australian States for sometime but are now more overtly stated. Continue reading “Concerns increase as Australia’s OHS law changes loom”

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”

Conservative media begins to examine new OHS laws

Workplace health and safety made the front cover of the Australian Financial Review on 1 July 2011 (once the liftoff financial special cover was thrown away).  When this happens there is a serious issue to be dealt with or it is a beat-up.  Today’s article entitled “Danger: work safety laws just got stricter” (not accessible online) is a bit of both.

Reporters Fiona Carruthers and John Stensholt reference several cases that should have generated considerable debate in the OHS fraternity.  The first is the case where Clean Seas was fined $A27,000 after not preventing an alcohol-affected diver from entering the water where he blacks out and requires hospitalisation.  Curiously they also discuss, in a textbox, fines handed out to RailCorp and Esso, events that occurred in 2003 and 1998 respectively.

Perhaps not surprisingly a financial newspaper focuses on the financial penalties of OHS breaches, injuries and deaths but the timing of the article is also curious as the law changes, stemming from the OHS harmonisation process, have been scheduled for some time and do not come into effect across Australia until 1 January 2012. Continue reading “Conservative media begins to examine new OHS laws”

© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2024. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd