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?”

New quad bike research and practical safety guidance

A major Australian rural newspaper, The Weekly Times, has devoted its front page to an article on rollover protective devices on quad bikes.   It has taken as the base new information released by the Australian Centre for Agricultural Health and Safety (ACAHS) through a media release. The new policy paper and the supporting Practical Management Guide acknowledge new research from independent engineers that has finally questioned the established knowledge base on the safety of quad bikes.

ACAHS has come to a position where it states:

“Farmers and other owners of quad bikes should be encouraged to fit suitably tested protective devices to reduce death and serious injury from rollovers.” Continue reading “New quad bike research and practical safety guidance”

Grief guidance got right

A reader has pointed out an excellent guidance on managing situations after the sudden loss of a work colleague or family member, following on from a recent SafetyAtWorkBlog article.

In 2004 Skylight and New Zealand’s Accident Compensation Commission published “Death Without Warning – After an Accidental Death”.  This book (only available for purchase) is an excellent guidance that provides advice on managing grief-stricken staff at the same time as providing some dignity.

Significantly the guidance is contemporary with current support practices.  There is none of this rubbish about “closure”, or “getting over it”.  It also acknowledges that men and women grieve differently and that each individual grieves in their own personal way, a way that those who provide support must accommodate and understand.

The guidance has a 2nd edition which can be purchased online and, on receipt of our copy, will be reviewed here.

The guidance has a particular poignancy following the recent fatal earthquakes in Christchurch, New Zealand where many were killed as their workplaces collapsed.

Research Paper

For those readers who are, perhaps, researching in this area of occupation well-being or workplace mental health, one research article that is worth digging up is a 2010 paper by several Australian researchers called “Loss and grief in the workplace – What can we learn from the literature?Continue reading “Grief guidance got right”

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”

Death in the workplace guide could have been much more helpful

Workplace Health & Safety Queensland (WHSQ)has released an update of its guidance on how to handle the impacts of a death at work.  “A death in the workplace– a guide for families and friends” provides very useful information for a period when a family’s life will change forever and when thinking clearly will be difficult.

Like many guidances from OHS regulators, this one is very legalistic or procedural.  It explains the roles of police, coroners, OHS inspectors and others but it lacks a humanity that many would find reassuring in such a difficult time.

One of the issues that creates great anxiety is any delay in getting the body of their loved one back.  The Queensland guide discusses organising this through a funeral director but grieving people want a little more information.  The guide would have been improved by simply stating that there may be a delay in returning their loved ones and that a delay of a week is often the norm.

Often families choose not to know the details of the procedures because they are focussing on their loss.  Anyone who has had to organise a funeral after a sudden non-work related death knows how traumatic the process already is and how disruptive it can be to a family, without the involvement of government agencies, police and others.

If the readership of this guidance was families and friends it has the wrong tone.  It provides important information without understanding the context in which such a guide may be read.  WorkCover New South Wales’ guide for families recognises this context with “a word of introduction”. Continue reading “Death in the workplace guide could have been much more helpful”

Local safety article reflects bigger issues

Workplace safety hardly ever gets a mention in the daily newspapers unless there is a big corporate name involved or a record fine.   Local newspapers often provide more coverage of workplace incidents because the local angle allows for the reporting of the social and familial impact of an incident within days of it occurring.

The 9 February 2011 edition of the Melbourne Times Weekly included a feature article – “Risky Business” by Genevieve Gannon.   The existence of any media mention of workplace safety is of note in itself but Gannon’s article, with assistance from the always-helpful WorkSafe spokesperson, Michael Birt, does not only focus on the fatalities (23 in 2010) but also on the maimings.   Around 70 people had life-threatening injuries in Victoria in 2010 and 20,000 were seriously injured. Continue reading “Local safety article reflects bigger issues”

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