Category: WorkSafe

Nail gun incident results in $25k fine and lifelong blindness

Western Australia recently prosecuted a company over an incident where a worker was blinded in one eye by a nail that ricocheted from a nail gun.  According to a WorkSafeWA media release:

“The injured contractor was using a nail gun to attach steel holding straps to roof timbers. The nail gun had been purchased 12 months earlier, and came with an operating manual that provided safety instructions.

One of the safety instructions was that the nail gun was “for use with timber to timber fixing or materials of similar or lesser density”, but Mr Vlasschaert and the contractor had been using the nail gun to attach steel straps for 12 months without incident.

On the day of the incident, the contractor had experienced several ricochets where the nail had failed to go through the steel straps and instead flew into the air. Mr Vlasschaert asked him if everything was alright, and contractor said it was, so he had been left to carry on the work.

Soon after this conversation, the contractor was struck in the eye by a nail that had ricocheted, resulting in the permanent loss of sight in his left eye.”

The worker mistook his sunglasses as safety glasses.  Protective eyewear was available in the employer’s car at the domestic building site.

This prosecution, which resulted in a $A25,000 fine, highlights several relevant OHS issues. Continue reading “Nail gun incident results in $25k fine and lifelong blindness”

WorkSafe should explain its role in increasing a small business’ OHS penalty by $50k

In June 2010, SafetyAtWorkBlog discussed the case of company director Peter Angelico and why the Director of Public Prosecutions (DPP), following a request by WorkSafe Victoria, doubled the financial penalty over an OHS breach.  Peter Angelico is currently working his way through the Victorian Civil and Administrative Tribunal (VCAT) trying to determine how the increased penalty can be justified as in “the public interest”.

The VCAT hearing is set for 7 October 2011 in Melbourne.  Angelico, the proprietor of A Bending Company, is not contesting the original judgement for he says in his applicant statement, seen by SafetyAtWorkBlog, that:

“Releasing information that can help prevent a future accident is always in the public interest. There are no winners from workplace injuries and it is vital that companies are fully aware of their obligations and publishing safety information can only assist in this process.”

Angelico would argue that small business owners, like himself, should also be provided with a more accurate cost of non-compliance with OHS legislation.  That would also be in the public interest. Continue reading “WorkSafe should explain its role in increasing a small business’ OHS penalty by $50k”

Helmet debate misses the point of safe design

Workplace safety is rarely simple or easy.  It has become a standard recommendation in Australia recently for quad bike riders to wear helmets.  Quad bike manufacturers recommend the wearing of helmets and some OHS regulators are making it mandatory but this should not be the end of the safety discussion.  The Weekly Times newspaper on 21 September 2011 describes the current arguments occurring over the type of helmet to be worn.

It is common for workplaces to experience disputes or discussions over personal protective equipment (PPE).  These discussions are necessary to ensure that the best, the most suitable, PPE is used to control a hazard.  Sometimes safety eyewear can be heat-resistant sunglasses, sometimes this should be goggles.  Sometime head protection comes from a hard hat, sometime from a bump cap.  PPE should never generate new hazards when trying to control another.

The current discussion indicates has arisen over the wearing of motorcycle-style helmets while following a herd of dairy cows during an Australian summer.  Dairy farmers say that the wearing of helmets in these conditions is absurd and farmers will choose to ride quad bikes un-helmeted instead. Continue reading “Helmet debate misses the point of safe design”

There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria

WorkSafe Victoria has been heavily criticised in the media over recent days about “revelations” of workplace bullying within the authority, a government authority that has the role of regulating workplace safety, a role that includes reducing the risk of bullying.

It would be easy to only look at the newspaper articles of this week but the issue has been bubbling away for some time.  WorkSafe has always struggled with addressing workplace bullying in its own staff, the community and other government agencies.  But this is not unique.  A 2010 report on bullying in the Victorian public sector showed a high incidence of workplace bullying across the public service going back to 2005.  What makes the WorkSafe situation different is that the hazard of workplace bullying is being alleged in the organisation who should know best how to control it.

The Age has reported previously on bullying in the public service previously in 2005.  The Age reported then that

“The Government’s own research, based on a survey of 14,000 public sector workers, found that more than one in five had been bullied or harassed by colleagues or managers in the past year. A further 40 per cent had witnessed others being abused.”

Karen Batt, a long-serving State Secretary of the Community & Public Sector Union (CPSU), has been outspoken on workplace bullying every time the matter has been raised in survey reports and the media for many years.  The recent Age articles quote her extensively and The Age’s publisher, Fairfax, has even posted recent audio of Batt’s opinions.

But it is important to ask why the issue of workplace bullying at WorkSafe has reappeared, now,  in late September 2011. Continue reading “There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria”

Similarities between the regulation of environmental and workplace safety

In June 2011, Victoria’s Environment Protection Authority (EPA) released a revised Compliance and Enforcement (C&E) policy.  There seemed to be some similarities to WorkSafe’s C&E policy, developed in 2006, so SafetyAtWorkBlog spoke this afternoon to John Merritt, who became the CEO of the EPA in early 2010 after many years as the executive director of WorkSafe Victoria.

In an exclusive podcast with SafetyAtWorkBlog Merritt, a major participant in the development of both policies, provides a useful insight into

  • Why a revised C&E policy was necessary
  • The similarities of environmental and workplace safety enforcement
  • How WorkSafe enforcement lessons can be applied to environmental protection
  • The cooperation between government agencies
  • Balancing transparency and information provision
  • EPA’s use of social media
  • Maintaining a local focus in a world of global environmental challenges

The podcast should be of interest to those professionals who need to manage the, often competing, business elements of environmental, safety and health obligations.

Kevin Jones

New quad bike poster establishes a safe operation benchmark

In July 2011, it was noted that the quad bike manufacturers had revised the wording of  their poster about quad bike safety.  The website that provided an online version of that poster is now under redevelopment.  However Australia’s Heads of Workplace Safety Authorities (HWSA) has released its own poster outlining the basic elements of quad bike safety in Australia and New Zealand.

The poster advises that:

BEFORE YOU BUY

Find out whether a quad bike is the best vehicle option for your farm.

Governments need to coordinate resources for small business OHS needs

This August the Victorian Government is conducting a month-long event the Small Business Festival.  The Festival is run by the Department of Business and Innovation and promises to

“…provide attendees with the essential inspiration, skills and information to start, build and run a business.”

Occupational health and safety does not feature.  WorkSafe Victoria, the state OHS regulator whose mission is

“Working with the community to deliver outstanding workplace safety, together with quality care and insurance protection to workers and employers.”

WorkSafe operates a small business support service.  It produces guidance material on workplace safety targeted to the small business sector.  In its own WorkSafe Week, it provides presentations to medium-sized businesses but it is not participating in a Small Business Festival organised by one of its colleagues in the State Government. Continue reading “Governments need to coordinate resources for small business OHS needs”

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