Category: risk

Unsafe worker gets his job back

The front page story in the The Australian newspaper has generated many emails and phone calls to SafetyAtWorkBlog from irate safety professionals.

The nub of the story is that Fair Work Australia has reinstated a worker who was sacked because of consistently unsafe work practices.

It is important to remember that the decision by Fair Work Australia is undertaken under the Fair Work Act 2009 and not occupational health and safety regulations.  In the case of Norske Skog Paper Mills (Australia) Ltd the relevant OHS legislation would have been New South Wales.

The story revolves around the dismissal of an employee not the unsafe actions of that worker. Continue reading “Unsafe worker gets his job back”

Small business OHS shortcomings

The home insulation debate in Australia is fragmenting.  Workplace safety is one of the chunks of debate heading in an unknown direction (political safety goggles anyone?)  The Australian newspaper included an article on 19 February 2010 that, although coming from the insulation sector, illustrates a dominant misunderstanding by small businesses.

The proprietor has run many businesses in a range of industries but he clearly has little understanding of his OHS obligations as he denies any responsibility for the death Matthew Fuller, an employee of the firm he contracted to undertake insulation installations, QHI Installations.  The proprietor states the reason is that “we did not employ him.”   Continue reading “Small business OHS shortcomings”

Reviewing Today Tonight’s insulation exclusive

As an example of “tabloid TV” the Today Tonight (TT) report broadcast on 17 February 2010 concerning children assisting workers to install insulation, was very good.  It probably benefited from my own appearances remaining brief.

The topicality of a story on the home insulation industry could not have been higher yesterday as a Senate inquiry into the Australian Government’s environment and job creation scheme held hearings in Melbourne.  TT led its show with the scandalous report.

The video of a young boy handling large bags of insulation on a roof is disturbing; the unprotected handling of the insulation material by the young boy is similar.  That the children were allowed to be on the roof by the homeowner and parents is a parental supervision issue and outside the scope of this blog.  That the workers allowed them to be present and did not tell the children to get down is more disturbing and a clear breach of the workers’ OHS obligations. Continue reading “Reviewing Today Tonight’s insulation exclusive”

Television exposé of children at risk on roof insulation worksite

On 16 February 2010, I was interviewed by Channel 7 television in Melbourne over 20 minutes of footage they had received that showed unacceptable work practices at a domestic site in Cranbourne.

Emails from friends told me that my words and face were used in promotional ads by the TV program. At the time of writing this, I have not seen the ads and I have no idea what words of mine they will use in the program to be broadcast this evening, 17 February 2010. [Video now available online]

Today Tonight has video of  two men who are installing fibreglass insulation into a domestic roof space after having made an entry by removing some roof tiles.  The men were employed to undertake the work by a company that has registered with the Australian Government for the task.  The workers are equipped with face masks, gloves and coveralls.  No fall protection was provided. Continue reading “Television exposé of children at risk on roof insulation worksite”

Asbestos awareness high. Safety? Not so

On 15 February 2010 Safe Work Australia (SWA) released a report entitled “Asbestos Exposure and Compliance Study of Construction and Maintenance Workers“.

It found, according to the SWA media release:

Workplace deaths lead to reforms but not of workplace safety

Australia’s Environment Minister, Peter Garrett, has provided a clear indication that, although Julia Gillard may understand OHS, his department does not.

In 2009, several installers of domestic insulation died.  One died from heat stress from working in the ceiling space, another was electrocuted as the metal staple he was using to install foil insulation pierced an electricity cable.  Now the political heat is on the Australian Government because it was their climate change policy that led to a boom in unregistered and inexperienced insulation installers. Continue reading “Workplace deaths lead to reforms but not of workplace safety”

D/O liability insurance gets to England’s High Court

Insurance policies for directors and officers (D&O) liabilities have yet to gain much application in terms of occupational health and safety penalties.   But D&O insurance policies are in Australia and are established in other countries.

According to Wikipedia:

“Directors and Officers Liability Insurance (often called D&O) is liability insurance payable to the directors and officers of a company, or to the organization(s) itself, to cover damages or defense costs in the event they suffer such losses as a result of a lawsuit for alleged wrongful acts while acting in their capacity as directors and officers for the organization.”

A decision by the High Court in England throws further light on the application of D&O.   Continue reading “D/O liability insurance gets to England’s High Court”

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