Forklift incidents continue

One of the the most hazardous pieces of equipment in modern workplaces is the forklift.  Sadly it is also one of the most useful.  A recent prosecution in Western Australia provides an example of many of the serious risks in using forklifts:

  • untrained or undertrained drivers
  • unsafe decisions by employers
  • the safety role of seatbelts
  • labour hire management and staff supervision
  • driving with forks elevated
  • training certification.

Other related issues are the employment of

  • transient labour, and
  • young workers.

According to a WorkSafe WA media release, the basic facts of the incident are

Flexi Staff supplied two casual labourers to the Beds Plus warehouse in Kewdale in February, 2008. The two men were British citizens on a working holiday in Australia. [links added]

It was not part of their labouring job to operate forklifts, and neither had any experience or qualifications or High Risk Work licences. Continue reading “Forklift incidents continue”

Farm deaths require radical approach

WorkSafe Victoria has reported  that of seven recent work-related fatalities, three have occurred in regional areas on farms.  The most recent death was misreported as involving a quad bike.

In a media release issued on 10 May 2011, WorkSafe’s Ian Forsythe said,

“Safety’s not just about what WorkSafe does. It’s about employers, workers and the wider community taking ownership of it not just for themselves, but the wider community.

It is imperative that regional Victorians, whether they are employers, self-employed or workers to stop and think about what is ultimately important to them and what they can do to prevent more tragedies affecting them and their communities.”

Over the last 20 years WorkSafe has tried a wide variety of safety campaigns in rural farming communities.  Some have Continue reading “Farm deaths require radical approach”

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”

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