Category: young

More OHS charges laid over insulation installer deaths

The OHS investigation process into the deaths of installers of insulation in Australia has led to charges being laid against Arrow Property Maintenance Pty Ltd.

On 28 June 2010, Queensland’s Department of Justice and Attorney-General has charged the company with breaches of both the  Electrical Safety Act 2002 and the Workplace Health and Safety Act 1995 following an extensive investigation into the fatal electrocution of a 16-year-old teenage insulation installer in Stanwell in 2009.

The charges relate to unsafe electrical work and unsafely working at height during the installation of fibreglass insulation.

Interestingly the Department has also mentioned in its media release (not yet available online) a separate prosecution under the Electrical Safety Act 2002 that is strengthened by it also being an

“… alleged breach of a Ministerial Notice issued on 1 November 2009 Continue reading “More OHS charges laid over insulation installer deaths”

What is the OHS “public interest”?

On 7 May 2010 Judge Lacava of the County Court of Victoria increased the $A25,000 fine applied to A Bending Company to $A75,000.

WorkSafe’s Acting Director for Health and Safety, Stan Krpan, said in a media release:

“The fact that the Director of Public Prosecutions [DPP] found the original penalty inadequate, and the increase in the fine on appeal, demonstrates the courts’ attitude towards health and safety offences.”

The DPP made the appeal to the County Court after a request for review of the original fine was made by WorkSafe Victoria.  According to the judge’s decision (not yet available online):

“The appeal by the Director is made pursuant to section 84 of the Magistrates’ Court Act 1989. The section gives the Director the power to appeal to this Court “if satisfied that an appeal should be brought in the public interest“.” [emphasis added]

So how was the public interest served by increasing the fine by $A50,000? Continue reading “What is the OHS “public interest”?”

Workplace bullying – more of the same

In November 2009, a New South Wales Government committee reported on issues concerning bullying.  Much of it concerned school-related bullying but there was some evidence and recommendations concerning workplace bullying of apprentices and trainees.  On 12 May 2010, the Government  responded to the recommendations.

By and large, the responses to the work-related bullying recommendations are uninspiring with the Government exploiting the loopholes left for it in the recommendations.  For instance, the Committee recommended:

“That the NSW Attorney General examine the adequacy of the existing legal framework for bullying related offences, and identify any legislative changes that could enhance the legal protection provided to victims of bullying and cyberbullying.”

The long-winded response is that there is a lot of activity but with no definitive aim.  But then the recommendation did not call for results, only “examine” and “identify” opportunities.

The Committee report is more interesting than the Government’s response due to the access to various submissions on school, work and cyber-bullying but it has quickly become only of historical interest and added to the pile of missed opportunities.

Kevin Jones

Non-fatal injuries summary

Below is a summary of non-fatal workplace incidents handled by Victoria’s Metropolitan Ambulance Service over the last few weeks.

Many of these incidents gain no media attention principally due to the fact that the workers did not die but the incidents are of relevance ot safety professionals and provide a better perspective on the frequency of workplace incidents.

Hand injuries

The first case saw advanced life support paramedics from Footscray called to an Altona North address at 8am.

The Paramedic, Cameron Joyce, said when they arrived they were told the 42-year-old woman had been working with machinery when the accident happened.  “‘The woman told us that the fingers on her left hand were crushed for only two or three seconds. Continue reading “Non-fatal injuries summary”

First prosecution announced over insulation-related deaths

Queensland’s Department of Justice and Attorney-General has announced that an insulation installation company will be charged with offences under its safety legislation due to the death of an employee.  This is the first safety prosecution related to the Government’s , failed,  job creation scheme.

According to a media statement issued late on 5 May 2010,

“QHI Installations Pty Ltd has been charged with breaching section 30 of the Electrical Safety Act 2002 for allegedly failing to conduct its business or undertaking in a way that was electrically safe. Continue reading “First prosecution announced over insulation-related deaths”

Heart disease risk findings in women

The May 2010 edition of the  Journal of Occupational and Environmental Medicine includes an important report about the increase of heart disease risk in young women.  There is often a lot of reports into the cardiovascular health of men so this report is very useful.

The basic findings of the report are:

“Nurses who indicated that their work pressures were a little too high were 25% more likely to have ischaemic heart disease as those who said their work pressures were manageable and appropriate.

But those who felt work pressures were much too high were almost 50% more likely to have ischaemic heart disease. After taking account of risk factors for heart disease, such as smoking and lifestyle, the risk fell to 35%, but still remained significant.” Continue reading “Heart disease risk findings in women”

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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