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Australian lawyers comment on Brodie’s Law

Clayton Utz lawyers have looked at Victoria’s new bullying-related law changes for their relevance to workplace safety management and have found the following.

“Is this an issue for employers?

Yes and no.

Theoretically, even before these proposed amendments, certain types of workplace bullying already fell within the definition of stalking. In one sense, therefore, this doesn’t change the situation much – employers already had the potential problem of, for example, dealing with keeping apart at work a victim and stalker subject to an intervention order.

In another sense, this is clearly an important change. More types of workplace bullying are now criminalised, and public awareness of bullying issues will certainly have been increased by the publicity surrounding this Bill. We can therefore expect a rise in complaints and the number of victims coming forward, and not just in Victoria, as other States and Territories have stalking laws that could cover at least some types of workplace bullying.”

Clearly the awareness of bullying in the workplace is already high but these laws are likely to make the management of this issue more complex and and challenging. Continue reading “Australian lawyers comment on Brodie’s Law”

Brodie Panlock – the catalyst for new bullying/stalking laws

“Brodie’s Law” is gaining considerable attention in the Victorian newspapers in anticipation of the introduction of the Crimes Amendment (Bullying) Bill 2011 in Parliament but it may be unreasonable to label these changes “Brodie’s Law” as, although Brodie Panlock’s suicide and the related court actions were the catalyst for the Bill, the proposed Bill is much broader than workplace bullying and, in many ways, focuses more on stalking than bullying, if there can be a differentiation.

The draft bill will broaden the existing offence of stalking in the Crimes Act to capture types of bullying behaviour and are likely to expand the types of environments in which such bullying can occur. Continue reading “Brodie Panlock – the catalyst for new bullying/stalking laws”

Authority in denial?

Polite or ignorant?

Coroners can be a polite lot, preferring what they would call ‘substance’ to emotion, accuracy to grand standing. They also hope that their Findings make a difference and help to protect people against a range of lethal circumstances. Ex-coroner Graeme Johnstone (Victoria) was an outstanding example in OHS. So any comments in their Findings ought to be considered against this background.

However, the comments by the South Australian State Coroner Mark Frederick Johns in his Findings (9/2/2011) in the death of Daniel Nicholas Madeley who died (6/6/2004) as a result of an occupational incident are puzzling. Either the man is being very polite or seriously ignorant of what really goes on in industry. And it does matter because coroners carry a lot of authority. Work by Johnstone, Olle and Tasmanian coroners (mining disasters) has been very helpful.

Poor guarding

To paraphrase: Daniel was 18 years old when he died of ‘horrific injuries sustained when he was caught in a horizontal boring machine’. He became entangled in the machine Continue reading “Authority in denial?”

Graphic hazard video from WorkSafe BC

Graphic ads or videos from OHS regulators are not new but each has their own approach and WorkSafe BC has released one, in particular, that is of interest to the construction industry.

On first viewing, the conduct of the supervisor is annoying. He provides inadequate information to the worker. He approves of the wrong tool for the job. Others may see nothing but a silly young worker. Continue reading “Graphic hazard video from WorkSafe BC”

Important OHS and legal issues in findings of South Australian Coroner into young man’s death

The debate on OHS laws will be passionate in the pre-election frenzy of New South Wales but the OHS law reform is a national strategy and the safety debate is not asleep in the other States.

On 11 February 2011, AAP ran an article about the long-lasting familial and social effects a horrible workplace incident in South Australia in 2004. Diemould Tooling Services (fined in 2009) took its appeal against prosecution to the High Court of Australia in 2008 and on 10 February 2011, almost six years after the death of 18-year-old Daniel Madeley, South Australian Coroner Mark Johns has said, at Madeley’s inquest:

“A horizontal boring machine had been operated at Diemould for years in a condition which could only be described as deplorably unsafe. It could have been guarded, but was not. It could have had a braking system, but did not. It could have had an automated lubrication system, but did not.

“Many other things could have been done, but any one of these would have been sufficient to save Mr Madeley’s life….”

Coroner Johns was very critical of SafeWorkSA about its actions following the 2004 death. The coroner’s findings make for disturbing reading on several issues. Continue reading “Important OHS and legal issues in findings of South Australian Coroner into young man’s death”

Only animals should die in abattoirs

The Sunday Age of 30 January 2011 ran an article about the status of workplace safety in some of Victoria’s abattoirs. The article has some similarities to the landmark investigations by Eric Schlosser into work practices and compensation issues related to meatworks in the United States.

The Sunday Age says that

“(Last financial year [2009/2010], there were 355 workers’ compensation claims in Victoria’s meat industry that required at least 10 days off work, or cost more than $580 in treatment, or both – almost one a day. Nationally the industry’s injury and illness rate remains twice as high as that in the construction industry, and four times the average of all workplaces.”

Many would say that meat work is “inherently dangerous” but in the article lawyer Trevor Monti, contests the perception

”Yes, it’s a difficult industry and the work can be hard,” he says. ”But with proper consideration given to the system of work, the risk of injury can be significantly reduced.”

This is a position with which OHS professionals and regulators would agree.

It is significant that, if the comparative figures quoted above by the Sunday Age are accurate, abattoirs do not receive the enforcement attention that the construction industry receives. Is it that the construction industry is largely unionised and the meat industry much less so? Is it that abattoirs are rorting the immigration visa system as asserted by the Australian Meat Industry? Continue reading “Only animals should die in abattoirs”

How much significant information do workplace fatalities provide?

Workplace fatalities are terrible, lingering tragedies that generally don’t teach anything new about OHS failures. I couldn’t find anything new in the frightening detail in the article below (dated 14^th December 2010) or in scores of Google searches of industrial/occupational fatalities; though disease fatality epidemiology can be informative.

If all workplace fatalities in Australia were stopped overnight, most workers wouldn’t notice a single improvement in their own workplace. They’d still be working in the same cluster of hazards, useless risk assessments and a regular sprinkling of near misses and daily shortcuts. Despite regulators’ and politicians’ shrieks of dismay at workplace deaths, such fatalities don’t represent the main OHS problem at work.

If any regulator was informed in advance – in some detail – that in a particular industry there would be three fatalities in the next three months (or even intolerable risk) they wouldn’t know how to prevent them. Example? Think of the insulation program, which still has some way to go and a few more surprises in store. Example? Over the next six months there are likely to be 3-6 quad bike-related fatalities in Australia, mostly as a result of rollovers.

Or think of the value of risk assessments: example? Consider the 60,000-80,000 barrels (10,000 tons) of the most dangerous hexachlorobenzene (HCB) waste stockpiled and being repackaged (ultimately, drum to drum) by workers in a primitive work process at Botany Bay Industrial Park, Sydney. One of the world’s largest stockpiles of such dangerous wastes that no one around the world is prepared to handle. This is the only place I’ve ever had to wear two layers of protection to inspect. What has the regulator done? Continue reading “How much significant information do workplace fatalities provide?”

Category: young

Australian lawyers comment on Brodie’s Law

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Brodie Panlock – the catalyst for new bullying/stalking laws

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Authority in denial?

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Graphic hazard video from WorkSafe BC

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Important OHS and legal issues in findings of South Australian Coroner into young man’s death

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Only animals should die in abattoirs

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How much significant information do workplace fatalities provide?

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