Category: politics

Lack of separation of pedestrians and forklifts results in $A24k fine

SafeWorkSA has released details of a successful OHS prosecution concerning forklifts, yet again.  But the full judgement has more management information than is usual and deserves to be read in full.

The circumstances, according to a media release (not yet available online) are

“…an incident… in August 2007 in which a 56 year old delivery driver tripped over the tines of a forklift which was about to exit the curtained doorway of a cold-room.”

The judgement in the South Australian Industrial Court expands upon the charge:

“… that Kerafi, being the occupier of a workplace, had failed to ensure so far as was reasonably practicable that means of access to and egress from the workplace was safe.   Continue reading “Lack of separation of pedestrians and forklifts results in $A24k fine”

Workplace bullying – more of the same

In November 2009, a New South Wales Government committee reported on issues concerning bullying.  Much of it concerned school-related bullying but there was some evidence and recommendations concerning workplace bullying of apprentices and trainees.  On 12 May 2010, the Government  responded to the recommendations.

By and large, the responses to the work-related bullying recommendations are uninspiring with the Government exploiting the loopholes left for it in the recommendations.  For instance, the Committee recommended:

“That the NSW Attorney General examine the adequacy of the existing legal framework for bullying related offences, and identify any legislative changes that could enhance the legal protection provided to victims of bullying and cyberbullying.”

The long-winded response is that there is a lot of activity but with no definitive aim.  But then the recommendation did not call for results, only “examine” and “identify” opportunities.

The Committee report is more interesting than the Government’s response due to the access to various submissions on school, work and cyber-bullying but it has quickly become only of historical interest and added to the pile of missed opportunities.

Kevin Jones

Quad bike safety remains a hot topic in Australia

Prominent OHS unionist, Yossi Berger*, has attempted to place the issue of quad bike safety in the greater context of OHS In the latest issue of the Australian Workers’ Union’s Say Safety magazine (only available in hard copy).

Berger says that the current debate between safety advocates and vehicle manufacturers over quad bikes is the latest illustration of a debate that leads nowhere while workers continue to be injured and killed.

A current debate in Australia about quad bike safety

“…unfortunately looks like following a similar pattern. The use of this machine kills hundreds of riders around the world every year, and in Australia – occupationally – about 15 every year, mostly in farming.  It looks like the entire discussion (for improvement) is going to develop into another description of how not to achieve fundamental OHS improvements.” Continue reading “Quad bike safety remains a hot topic in Australia”

Professor Michael Quinlan on Jeff Shaw’s legacy

The Australian newspaper on 12 May 2010 published an article that is an example of the type of article on the passing of former New South Wales Attorney-General Jeff Shaw that SafetyAtWorkBlog expressed concerns over.  For most of the article Shaw’s alcoholism is the focus yet we should not judge a person only by their flaws but by their achievements.

Prof Quinlan

SafetyAtWorkBlog interviewed Professor Michael Quinlan who was closely involved in some of the law reform work that Jeff Shaw instigated in the 1990s when he was the Attorney-General.

Quinlan echoed the opinions of Professor Ron McCallum over Shaw’s commitment to industrial relations and OHS law reform but spoke of a different set of legislation  that Quinlan thinks was an important achievement of Shaw. Continue reading “Professor Michael Quinlan on Jeff Shaw’s legacy”

Important OHS law reformer, Jeff Shaw, dies

Around 15 years ago, occupational health and safety law in New South Wales looked exciting.  The NSW Standing Committee on Law & Justice was  investigating OHS, and not just the laws.  There was a potential for the inquiry to make New South Wales a leader in innovation in this sector.

On 11 May 2010, the news broke that a leading supporter for the review, Jeff Shaw, had died.  Although his legal career ended in controversial fashion, Shaw’s activities in relation to industrial relations and OHS were notable.  SafetyAtWorkBlog looks briefly at Jeff Shaw’s OHS legacy. Continue reading “Important OHS law reformer, Jeff Shaw, dies”

Harmonisation strategy will fail and legal costs for OHS will increase

The Australian Government’s plans to harmonise the country’s OHS legislation will fail.  In the Australian newspaper on 6 May 2010 the president of the Safety, Rehabilitation & Compensation Licensees Association, Dean Stone, said

“Harmonisation was aimed at having the same law in force across the country but it is simply not going to be able to do that…  Each of the companies moving back to the harmonised schemes will need more staff merely to comply with the different approaches.” Continue reading “Harmonisation strategy will fail and legal costs for OHS will increase”

BP oil rig explosion – lawyer video

The explosion of the BP oil rig raises a huge number of issues in a variety of safety and environmental disciplines.  In much of the media reportage, the plight of the workers on the rig has been given much less attention.

One media report has described BP as

“a London-based multinational oil giant with the worst safety record of any major oil company operating refineries in the United States.”

The oil rig, Deepwater horizon, was leased by BP  through Transocean.

On 3 May 2010 a maritime injury lawyer with Gordon, Ellias, and Seely, Jeff Seely, reportedly acting on behalf of the a family of one of the (presumed) dead workers from rig, Karl Kleppinger, released a Youtube video, produced by the World Socialist Web Site, in support of his legal action against BP and others claiming negligence.

Continue reading “BP oil rig explosion – lawyer video”

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