Important OHS court decisions go unreported

On 20 May 2010 a Victorian magistrate fined an employer over $A500,000 following a workplace prosecution.  Almost all of it went to charity, according to WorkSafe Victoria.

There are several issues raised by Magistrate Vandersteen’s decision:

  • Why to charity?
  • Why the particular charities?
  • Why not allocate the funds to OHS-related organisations or initiatives?
  • Why does the Magistrates’ Court not make court decisions publicly available?

The workplace incident that started this case was that in August 2008, a 40-year-old man had his arm ripped out of the socket when it became tangled in an unguarded post peeler.   He was taken to hospital by an emergency ambulance helicopter where his life was saved. Continue reading “Important OHS court decisions go unreported”

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”

ACT OHS gains more resources

Change is good.  Change in occupational health and safety laws and regulatory strategies is usually good as well, but some action in Australia is curious.

On 29 April 2010, the Government of the Australian Capital Territory(ACT) established”   a new body called WorkSafe ACT,  according to a media statement from the Attorney General, Simon Corbell:

“The new WorkSafe ACT will perform a crucial function within the ORS [The Office of Regulatory Services part of the Department of Justice & Community Services], and will combine the educational and compliance roles under the Commissioner for Work Safety…. Continue reading “ACT OHS gains more resources”

Inter-related issues of workplace bullying

Most of the workplace bullying attention in Australia in recent years has focussed on the white-collar industries and the relationship to stress, workload, harassment and policies for respect.   A case reported in the The Age newspaper on 29 April 2010 about bullying in a door frame company is reflective of apprentice bullying cases of over a decade ago but also illustrates the potential complexity of this workplace hazard. Continue reading “Inter-related issues of workplace bullying”

Professor Niki Ellis hits out at the state of OHS in Australia

“…OHS is not fit for the 21st century.  It is isolated, has a limited academic base and remit, uneven provision, lack of good quality data, a poor image and is perceived by many as the servant of the employer.”

Professor Niki Ellis speaks frankly about the OHS discipline in Australia.

Professor Niki Ellis recently was appointed the CEO of the Institute of Safety, Compensation and Recovery Research (ISCRR) after some time in the United Kingdom and a short period as the acting chair of the Safety Rehabilitation and Compensation Commission.  Prof Ellis provided a refreshing and confronting presentation to the 2009 Comcare Conference (pictured right) that SafetyAtWorkBlog attended. Continue reading “Professor Niki Ellis hits out at the state of OHS in Australia”

ACTU industrial officer is new WorkSafe executive

SafetyAtWorkBlog has been informed that Cath Bowtell has been appointed the new executive director of WorkSafe Victoria.  Bowtell’s name may be familiar to some Australians due to her recent contest to be the next President of the Australian Council of Trade Unions (ACTU).

Cath Bowtell is due to take on the position in the middle of 2010. Continue reading “ACTU industrial officer is new WorkSafe executive”

Is the Education Dept getting off lightly?

If Victoria is the jurisdiction with the least changes needed to meet the new Work Health & Safety Act, it is worth looking at a recent enforcement activity.  On 21 April 2010, WorkSafe Victoria announced an enforceable undertaking with the Department of Education & Early Childhood Development (DEECD).

According to the WorkSafe media release this agreement

“…requires all equipment in woodwork, metalwork and automotive secondary school classrooms to be audited by the end of the year – including equipment like planers, grinders and drills.  Equipment which isn’t safe will be removed from use immediately or repaired, and all equipment will be recorded on a centralised register……

The undertaking also requires the DEECD to implement health and safety management systems across all secondary schools, which will be audited annually by specially trained staff members and overseen by WorkSafe.”

This undertaking implies that some schools did not already have an OHS management system or that some had not maintained the system in place at the time.  There are thematic similarities with the Orewa College explosion and prosecution in New Zealand in 2009. Continue reading “Is the Education Dept getting off lightly?”

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