Sticking to the big picture

I had cause to give some students an idea of how well OH&S is doing in Oz.  The aim was to give these people some big picture numbers that might help them counter the general view that OH&S is over-done, crippled with nanny state perspectives etc etc.

Initially I slipped into the mode we tend to use in OH&S-World of fiddling about with comparisons: looking at innumerable qualifiers to get a tight comparison, massaging the numbers endlessly.  Eventually I realised it just didn’t cut it.  Statistics over-worked just end up producing a mushy result. And if there is one thing people don’t need from OH&S it’s mushy results.

So faced with this I decided to step back and think of a Big big Picture bunch of numbers. Continue reading “Sticking to the big picture”

Company pleads guilty over insulation installer death

In June 2010, Arrow Property Maintenance Pty Ltd was charged with failing to conduct its business or undertaking in a way that was electrically safe, after, accoridng to one media report:

“[A] 16-year-old boy was electrocuted while installing fibreglass insulation in the ceiling of a home at Stanwell, west of Rockhampton, on November 18, 2009.”

On 14 September 2010, Queensland Industrial Magistrate John McGrath heard the company plead guilty.   Continue reading “Company pleads guilty over insulation installer death”

Patient safety is also workplace safety

Rosalind McDougall wrote in The Age on 26 July 2010 about the excessive and dangerous workloads of junior doctors in Australia. Similar articles have appeared elsewhere in the world for years but the hazard persists. Part of the reason for the hazard’s persistence is evident in the article if one considers the hazard as a workplace hazard rather than a patient safety hazard or a matter of customer service.

McDougall states the impact of excessive workloads for doctors:

“While most hospitals now have policies advocating ”safe hours”, the reality is many junior doctors work shifts that fail to meet the guidelines.”

“Numerous studies (as well as commonsense) indicate that doctors’ technical skills are compromised when they work too long.”

“While certainly not universal, some practices make it almost impossible for junior doctors to work safe hours.”

Where is the OHS regulator?  Is workers’ compensation for stress, fatigue or psychosocial hazards ever invoked by junior doctors? Are there OHS guidelines for the safe operation or design of hospitals and emergency wards? Continue reading “Patient safety is also workplace safety”

Apprentice set on fire, bully gets $5k penalty

Most of the Australian media covered the prosecution of the latest of three young men who set fire to a work colleague during their apprenticeships.

As the case was heard in a Magistrates’ Court, the only sources of information on the case are a couple of original media reports and the statement from WorkSafe Victoria which says:

“Matthew Lever, 23, was the third apprentice to be prosecuted after a January 2008 incident where three apprentice mechanics ignited brake-cleaning fluid which they sprayed on another apprentice….

The Ringwood Magistrates’ court today [1 July 2010] convicted Matthew Lever on three charges under the Occupational Health and Safety Act and fined him $5,000. The two other apprentices were convicted on health and safety charges in December 2008, and also fined $5,000 each.” [link added]

WorkSafe says it is “currently investigating a similar incident which occurred in Dandenong in March, where two apprentice mechanics suffered burn injuries after allegedly igniting brake fluid.” Continue reading “Apprentice set on fire, bully gets $5k penalty”

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

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