Do “enforceable undertakings” equal justice?

The issue of “enforceable undertakings” for breaches of OHS law receives an interesting interpretation in the Courier-Mail newspaper on 18 January 2010.  “Enforceable undertakings” are unfairly described as “plea bargains” but the article does provide some comparisons to support the argument.

The first example provided where a worker was left a paraplegic sounds like a plea bargain in that there was a negotiated “agreement to avoid being brought the courts” but more information is required.

The second, concerning the injury to patrons at the Sea World theme park, is treated too briefly and is likely to involve issues of public liability.  However the dollar comparison in this example may raise the need to ensure that any enforceable undertakings should be comparable in dollar value to the initial fine.   Continue reading “Do “enforceable undertakings” equal justice?”

Shipbreaking Explosion

In September 2009 several workers were killed and burnt when cutting up an old tanker that still had chemical residue.  The National Labor Committee (NLC)  has released a a ten minute video interview with the NLC Executive Director, Charles Kernaghan.

According to an 11 January 2010 NLC notice:

“Eight more workers in Bangladesh were burned to death on December 26, 2009, when the ship they were dismantling exploded.   The workers had been told that the gas tanks on the Agate oil tanker had been cleaned.   It was a lie.   Continue reading “Shipbreaking Explosion”

Forklift death and safety posters

Twelve days in 2010 and Victoria has experienced its first workplace death and it was due to the use of a forklift.  A 60-year-old man was crushed after a load being removed from a truck by forklift fell.

According to WorkSafe Victoria:

“…the man was guiding a forklift driver who was to remove the computer equipment weighing some 200kg and standing about 2m high, from the back of a semi-trailer.  The equipment was on castors and not mounted on a pallet.”

As part of WorkSafe ongoing campaign on forklift safety, it has issued two safety posters.  Originals should be available through the local WorkSafe Victoria offices.

Risk/Reward trade-off

On 11 January 2010, the Tasmanian Workplace Relations Minister, Lisa Singh, announced a  new safety focus on the abalone industry following the findings of a coronial inquest into the death of David Colson in 2007.

There are several interesting elements to the Minister’s decision.  Firstly and, perhaps, most importantly, the decision shows the significant role that Coroners in Australia play in improving workplace safety.  For legislative change, it is difficult to see any more effective political motivator.

Also, the Coroner can express opinions based on evidence in a way that few other courts do. The findings are not yet publicly available. Continue reading “Risk/Reward trade-off”

Health Department bans all employees from smoking at work

Most of the Australian media have reported on a memo to staff of the Australian Department of Health that only allows smoking while on meal breaks.  Health Department employees are not permitted to smoke while undertaking departmental duties or “when representing the department in any capacity”.

Government authorities have long participated in smoking reduction campaigns which have succeeded in minimising smoking.  Workplaces in Australia already have workplace smoking bans.  So what’s caused the memo (a copy which has not been seen by SafetyAtWorkBlog) to be issued?

The principal reason seems to be to improve the “professional reputation of the department”.  It has always been a ridiculous image to see Health Department employees crowding around departmental doorways smoking cigarettes.   Continue reading “Health Department bans all employees from smoking at work”

PPE can be a lazy OHS solution

One of the occupations with the clearest need for personal protective equipment (PPE) is that of a firefighter.  There are few other industries where PPE has such a high priority in workplace safety but sometimes PPE can still be forgotten.

A report on ABC radio and online  in Australia on 11 January 2010 shows that even in firefighting PPE may be forgotten.  The firefighter was the first one to take a fire hose to a shop fire and did not have on any breathing apparatus (BA).  His fully suited colleagues caught up with him and began fighting the fire.  It appears from this one media report that the firefighter kept his attention on fighting the fire rather than taking a break and putting on his BA.  Shortly after he began feeling unwell.

Research

On 4 January 2010 the Australasian Fire and Emergency Service Authorities Council (AFAC) released a firefighting information package, based on an early September 2009 workshop, that includes some interesting information about firefighter health and safety.   Continue reading “PPE can be a lazy OHS solution”

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