Both parties claim a win in a stoush that changed a couple of words

The court case between the Federal Chamber of Automotive Industries (FCAI) and WorkSafe Victoria has been resolved and, according to both parties, they both won.  According to WorkSafe Victoria:

“The Supreme Court proceeding issued by Honda, Yamaha, Suzuki and other quad bike manufacturers against WorkSafe Victoria was dismissed just prior to a trial that was listed to commence yesterday.

The manufacturers had wanted the Supreme Court to rule that WorkSafe’s public announcements about quad bike safety were unlawful. The challenge has been dismissed and will not proceed to trial.”

According to FCAI’s media statement:

“In the Supreme Court proceedings, WorkSafe Victoria specifically declined to pursue a claim that the fitment of an OPD is an appropriate way of reducing the risks to operators of an ATV overturning. It has produced no data or other evidence to support its claim that OPDs will “save lives”.

The revisions now made by WorkSafe Victoria are welcomed by the ATV industry as an important clarification to correct previous reporting that, as a result of its March 2016 announcement, OPDs had become mandatory on Victorian farms. That was not the case, as WorkSafe Victoria has now acknowledged, as a result of the legal proceedings taken against it.”

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“Shooting the shit out of them”

On May 18 2017, Australia’s Senate Education and Employment Committee held a public hearing for its inquiry into Corporate Avoidance of the Fair Work Act in Melbourne Australia.  Executives of Carlton United Breweries (CUB) were the first to appear, ostensibly, to reiterate and answer questions about its submission.  The Chair of the Committee, Senator Gavin Marshall, had different expectations and stated he would be asking about a passionate, long and contentious dispute at CUB’s Abbotsford brewery in 2016.  Quotes from a CUB diary of events, mentioned by Senator Marshall, seemed to catch the CUB executives unaware.

Senator Marshall quoted from a CUB Manager’s diary asking what was meant by “Shooting the shit out of them”. The atmosphere in the hotel function room changed. Continue reading ““Shooting the shit out of them””

How will “independent workplace facilitators” improve OHS?

Every government releases a great deal of information, particularly around budget time and occupational health and safety (OHS) funding often gets missed in the overviews and media discussion.  The Victorian Government’s budget papers (Budget Paper No. 3 – Service Delivery) for 2017 included A$3 million to the Department of Health and Human Services (DHHS) for

“Addressing occupational violence against health workers and workplace bullying” (page 78)

There is no doubt that such funding will help improve OHS but it also seems odd, given some of the recent incidents and riots,  the corrections and prison services received no specific OHS funding. The introduction of “a trial of independent workplace facilitators” is also intriguing.

Continue reading “How will “independent workplace facilitators” improve OHS?”

Asbestos – out of sight but not out of mind in Asia

By Melody Kemp

Hmong uplander with child. Source: Melody Kemp

Asbestos resembles polio. Just when you think it’s beaten, it returns like some ghoul. If you think this is overly dramatic, last year Laos was struck by a polio outbreak. This year we learned that Laos now ranks amongst the globe’s major importers of asbestos. And it’s driven by cynical market forces targeting poorer nations, inadvertently promoted by international aid. Continue reading “Asbestos – out of sight but not out of mind in Asia”

New program launched that forecasts safety and risk levels

Almost every occupational health and safety (OHS) inquiry by the Australian Government has acknowledged the inadequacies of data on workplace injuries, illnesses and deaths.  The 1995 Inquiry into Occupational Health and Safety (Volume 2) (pages 377-378) by the (then) Industry Commission  acknowledged the lack of empirical evidence and made up its own.  The situation has barely improved.

However a new project by West Australian academic,

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Big business seminar adds to OHS knowledge library

The latest broadcast in Safe Work Australia’s Virtual Safety Seminar (VSS) series is aimed at the executive level of management and entitled “Why big business needs to lead work health and safety“. One of the attractions of the VSS is that Safe Work Australia is able to draw upon senior and prominent business leaders who do not often talk occupational health and safety.

This seminar included contributions from Diane Smith-Gander, Dean PritchardMarcus Hooke and was hosted by Jennifer Hewett.

Several important perspectives were discussed that would be helpful to the intended audience but there were also some comments that deserve contemplation.

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Discussing risk assessments should lead to an analysis of the ethics of OHS

Recently a Young Safety Professional network in Queensland conducted a debate or discussion about the role of risk assessment in occupational health and safety (OHS).  Naomi Kemp posted an article about the event titled “To risk assess, or not to risk assess: that is the question“.  Risk assessments offer an entry point to broader discussions of liabilities, risk, red tape, complacency, communication and state of knowledge.  But of most relevance to OHS compliance is that risk assessments are part of the legal obligation to consult.

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Ads for quadbikes show the safety changes

As a companion piece to SafetyAtWorkBlog’s recent article on quad bike safety it is worth looking at the latest hardcopy edition of The Weekly Times, an influential agricultural newspaper in Australia.  It is useful to look at how quad bikes are being depicted in the advertising and some of the content, as online versions have different adverts.  The content will vary, of course, from edition to edition but a snapshot sample is interesting.

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Analysis of the WorkSafe Legislation Amendment Bill raises concerns

Several readers have expressed curiosity over the WorkSafe Legislative Amendment Bill currently in the Victorian Parliament and mentioned by lawyer Steve Bell last week.  Bell pointed to a couple of issues in the Bill and gave the impression that the Bill was aimed at tidying up some administration.  Several of the issues raised in the Bill deserve contemplation.

The Bill is still not through Parliament.  The next stage of the process will occur on April 5, 2017 but the Minster’s

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OHS changes to come in wake of the Western Australia election result

It is rare to find an occupational health and safety (OHS) seminar that is captivating but there is almost always some useful bits of safety information, hopefully enough to make attendance worthwhile.

On March 24, 2017 the Safety Institute of Australia and Herbert Smith Freehills (HSF) held the annual breakfast seminar in Melbourne.  Speakers included representatives from the HSF law firm, the SIA, WorkSafe Victoria and SafeSearch.  Perhaps of most interest was HSF’s senior associate from Perth, Sam Witton (pictured), who outlined the OHS changes likely in Western Australia now the Australian Labor Party (ALP) is in power.

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