risk – Page 178 – SafetyAtWorkBlog

The cost of doing nothing

It is always an option to do nothing. The status quo can be very attractive but if one chooses to not control a workplace hazard that one is aware of then the penalty must be accepted and the responsibility accepted.

WorkSafe Victoria has provided details (not yet online) of a case where a director of a food manufacturing company did not act on a workplace hazard and that hazard resulted in

“…the worker’s middle three fingers …removed to the knuckle; and he suffered damaged nerves, constant pain, and restricted movement of his thumb.”

The sole director of the company, Dino Fabbris, was fined $A25,000 for

“…his failure to arrange for the shredder to be guarded – despite working on the factory floor on a daily basis and taking managerial responsibility for the company’s two factories.” Continue reading “The cost of doing nothing”

Another go at homeowners being exposed to workplace prosecutions

In October 2009, Australian lawyer, Michael Tooma gained considerable media coverage by stating that under the model Work Health and Safety Act:

“..if I call out a tradesperson to do some work at my home, my home is their workplace and I would be a person at their workplace. As such, I would have a duty to take reasonable care for my own safety and the safety of others and to cooperate with their reasonable instructions in my own home. If I breach that duty I could be liable for a criminal offence.”

At that time SafetyAtWorkBlog was skeptical as it was hard to believe that this likelihood, or regulatory loophole, would be allowed to continue. It seems that a decision in the New South Wales District Court on 4 March 2010 has provided Tooma with a case that supports his decision. Continue reading “Another go at homeowners being exposed to workplace prosecutions”

OHS due diligence and safety management

In the February 2010 newsletter for Australian law firm, DLAPhillips Fox, Andrew Ball and Donna Trembath wrote about one of the important elements of the model Work, Health & Safety Act – due diligence. We look at how SafetyAtWorkBlog and other OHS information services can support due diligence on OHS matters.

Ball and Trembath list 6 elements in the definition of due diligence (in bold):

Acquire and have up to date knowledge of work OHS matters.

This first element is where business and OHS information sources are going to be crucial supporters. OHS law in Australia has always supported the need for companies and safety professionals to maintain a current state of knowledge. There have always been newsletters on OHS issues but it is very easy to fall into a habit of reading only the information that will assist one in their job rather than getting information that relates to safety throughout a workplace. The use of Health & Safety representatives or OHS Committees can be important in maintaining a “corporate” state of knowledge. Delegation of reading information can be very useful and HSRs and OHS Committees are probably the most neglected preventative tools in the safety professionals toolbox. Continue reading “OHS due diligence and safety management”

Aussie politician risks head injury in photo op

The issue of quad-bike safety continues to be controversial in Australia. This debate is not helped by inconsistent safety messages on television. Many of the news bulletins in Australia on 2 March 2010 showed the Leader of the Opposition, Tony Abbott, riding, seemingly for the first time, a quad bike on his trip to central Australia. Sometimes he is wearing a helmet and at other times, not.

Video available on the ABC website shows parts of an apparent induction on how to operate the quad bike. Continue reading “Aussie politician risks head injury in photo op”

A discussion on ethics and OHS decision making

In 2004, I was asked to make an OHS-themed presentation to a group of paramedic students on ethics and from a small business perspective. Some of the information may have dated slightly but I post this to stimulate discussion. Below is an edited version of that 2004 oral presentation:

Quite often, when we have an ethical dilemma, “should I do this or should I do that?” we often go away somewhere to think. In the short term, you “sleep on it” and when you wake you may have a solution or, at least, a different perspective on the problem. Often we try to clarify our perspective. I don’t know many people whose job it is to develop ethical statements or programs who sit at a table and talk about ethics. More often, we go away and think about the issue and then come back and discuss, compare and refine our problem. We frequently do this with our colleagues and by using our social network.

For an example, recently a colleague asked for me to sign off on a safety manual for some Australian contractors who are installing equipment for an American company in Australia. It is one thing to deal with companies in your native country but dealing with overseas companies is very different. With local companies you can solve problems by meeting with the Manager or CEO but when it is an American company, from such a litigious society, how should a small business proceed? Should I accept the contract? Is the risk worth the money? I am not sure. Continue reading “A discussion on ethics and OHS decision making”

Workers comp becomes political but not in a nice way

Workers’ compensation clearly has become a political issue in Australia recently due to cock-ups, and electioneering.

Embarrassment

The Australian Financial Review has embarrassed the Liberal Party’s shadow Minister for WorkCover in Victoria, Gordon Rich-Phillips. Rich-Phillips issued a media release claiming the Victorian Government had been inactive on some deficiencies in the WorkCover system that had been highlighted by the chief justice of the Supreme Court. Unfortunately, the Government had responded with legislative changes that had already been in Parliament. The Government was provided a free political kick in this election year. Continue reading “Workers comp becomes political but not in a nice way”

Good bullying advice needs grounding in prevention

Recently SafetyAtWorkBlog discussed the quality of media releases on OHS matters. A very good one was received the other day from Firefly Marketing. The noticeable quality of this release is that although its purpose is to promote a conference, the release provides fresh and unique comments that have stand-alone benefits.

The statement includes several comments concerning workplace bullying.

Regulator

WorkSafe Victoria‘s media manager, Michael Birt says

“The death of Brodie Panlock has received the most media attention of any WorkSafe Victoria prosecution – ever. The case was covered extensively by Australia’s national media but was even reported in countries from the Netherlands to Russia. The details will stay on Google forever. The actions of Brodie’s tormentors will follow them.” Continue reading “Good bullying advice needs grounding in prevention”

Category: risk

The cost of doing nothing

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Another go at homeowners being exposed to workplace prosecutions

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OHS due diligence and safety management

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Aussie politician risks head injury in photo op

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A discussion on ethics and OHS decision making

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Workers comp becomes political but not in a nice way

Embarrassment

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Good bullying advice needs grounding in prevention

Regulator

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Embarrassment

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Regulator

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