Another go at homeowners being exposed to workplace prosecutions

In October 2009, Australian lawyer, Michael Tooma gained considerable media coverage by stating that under the model Work Health and Safety Act:

“..if I call out a tradesperson to do some work at my home, my home is their workplace and I would be a person at their workplace.  As such, I would have a duty to take reasonable care for my own safety and the safety of others and to cooperate with their reasonable instructions in my own home.  If I breach that duty I could be liable for a criminal offence.”

At that time SafetyAtWorkBlog was skeptical as it was hard to believe that this likelihood, or regulatory loophole, would be allowed to continue.  It seems that a decision in the New South Wales District Court on 4 March 2010 has provided Tooma with a case that supports his decision. Continue reading “Another go at homeowners being exposed to workplace prosecutions”

Maybe Australia is looking in the wrong direction on harmonising workers’ compensation

South Australia has pledged to increase competition in its local workers’ compensation scheme in the hope of improving (some say fixing) it.  Most other Australian States have a competitive structure with private insurers.  In a couple of years, those insurers will be battling it out to achieve national coverage as the Federal Government moves to harmonise the State systems.

New data from Canada shows that perhaps Australia needs to take a deep breath and nationalise workers’ compensation for the good of the injured workers and business.

A February 2010 report from the Institute for Work & Health has concluded that

“The public administration of workers’ compensation in the Canadian systems provides a strong economic benefit to employers, arising from the lower administrative costs of a single public agency compared with the costs arising in a competitive insurance market. Continue reading “Maybe Australia is looking in the wrong direction on harmonising workers’ compensation”

When looking to understand psychosocial issues, ask your grandparents

In February 2010, the New York Times ran an article about depression by Jonah Lehrer.  The same article appeared in some of Australia’s weekend newspapers in early March.  Lehrer looks at the issue of depression and considers whether there is a potential upside to the disorder by looking back as far as Charles Darwin for expressions of depression.  He makes a challenging statement:

“…that depression has a secret purpose and our medical interventions are making a bad situation even worse.  Like a fever that helps the immune system fight off infection — increased body temperature sends white blood cells into overdrive — depression might be an unpleasant yet adaptive response to affliction.”

Lehrer goes on to make a case for depression being a possible source of creativity.

He refers extensively to the evolutionary psychology research of Andy Thomson and Paul Andrews who acknowledge that

“… depression is a vast continuum, a catch-all term for a spectrum of symptoms.”

Perhaps, particularly in the relatively recent consideration of depression in workplaces, we are being too narrow and too specific.  Perhaps the case for workplace depression being made by some of the “depression sellers” is too targeted and we need to remind ourselves of the sociology of work, a perspective that seems to have gone out of fashion. Continue reading “When looking to understand psychosocial issues, ask your grandparents”

Man survives trench collapse, employer fined £3,500

Trench collapses can be one of the most horrifying incidents on a construction site.  The UK’s Health & Safety Executive has released photos of the trench in which a worker, Mark Miller according to one media report

“…suffered a broken leg and bruising, and was incredibly fortunate to survive the horror of being buried alive.”

The same media report from Cambridge News says

“The court heard Mr Miller was saved by Hill [the contractor and Miller’s employer],…. after he rushed to free the trapped worker.

Robin Cooper, prosecuting, said: “He was buried up to his abdomen and felt his left leg break.  More earth then collapsed on him and buried him to above his head.”

Continue reading “Man survives trench collapse, employer fined £3,500”

Non-mainstream media acknowledges the realities of workplace fatalities

Bernard Keane writing in online newsletter, Crikey, is one of the few who has reported on the Australian Government’s insulation scheme debacle and kept the fact of worker deaths as more than just a moral sideline to the issue.

On 3 March 2010, Keane wrote a very good article which draws on the political and media attitudes to worker deaths over the last decade in Australia.  He highlights the political expediency of selective reporting and commentary on safety issues.  Many of the comments and assertions made at the Cole Royal Commission are still reiterated today and form the basis of some political party policies.

Given the recent media coverage on workplace bullying, Keane’s reminder on the deaths and suicides in the Australian Defence Forces and the political reticence to do anything on the matter, is timely.

It is only six weeks before the International Workers’ Memorial day,  (28 April 2010).  The 2010 commemoration is likely to be one of the most political events since it began almost two decades ago.

Some of the statistics that fueled the outrage against then-Environment Minister, Peter Garrett, are seriously questioned in this blog article at Pollytics.com.

Kevin Jones

“Imagination at work” but not safety

GE Capital placed a full-page pictorial advertisement in The Age newspaper on 4 March 2010 (page 5 of the business section).  The ad, partly reproduced below, promotes the company’s financial services with the corporate slogan of “imagination at work”.  Sadly safety at work wasn’t included in the ad.

SafetyAtWorkBlog readers are asked to list the workplace hazards in this picture.   Continue reading ““Imagination at work” but not safety”

Could a prisoner’s death in a prison van be a breach of OHS laws?

ABC television program Lateline broadcast on 2 March 2010 an article (video available) about the death of 59-year-old Mark Holcroft in the back of a prison van in 2009.

Holcroft was a low risk inmate serving 7 months for a drink-driving offence.  He was several weeks into his sentence when he was being transported with six other prisoners to a low-security farm.  From the information made available by ABC, as Holcroft was dying in the van, the other inmates banged on the walls of the van and yelled to attract the drivers’ attention.  The van was equipped with a camera in each of the four corners of the van’s security compartment.  One inmate repeatedly signed at the cameras to attract the attention of the drivers. Continue reading “Could a prisoner’s death in a prison van be a breach of OHS laws?”