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?”

Australian safety conference – confused but in a good way

Day 2 of the Safety In Action Conference is almost over and I am confused.  Some speakers say that safety cannot be improved without commitment from the most senior executives of a company.  Others are saying that safety improvement can be best achieved by trusting employees.

One speaker questioned the validity of the risk management approach to safety.  A colleague argued that this was not a return to prescriptive legislation, regulation and codes of practice but an opportunity for companies to assess their needs and set their own “rules” of compliance based on the risk assessment results, effectively determining their own level of OHS compliance.

Another speaker speculated that a particular Federal Minister may have been prosecuted under the model Work Health & Safety Act if Ministers had not been excluded from their duty of care.

Some see new the OHS laws as revolutionary, others see it as tweaking a legislative approach that is over 30 years old.

Some speakers I found thought-provoking, others thought these were facile and had lousy PowerPoint skills.

What this Safety In Action Conference in Australia has not been is dull.   Continue reading “Australian safety conference – confused but in a good way”

Minister says public service safety performance is lamentable

“….I would ….suggest that government (as employer and dutyholder, and as policy maker) can, and should, be an exemplar of OHS best practice.  By taking the lead in the systematic management of occupational health and safety, government can influence the behaviour of individuals and firms upon whom duties are imposed by the OHS legislation.”

In 2004, Chris Maxwell QC wrote the above words in his review of the OHS legislation in Victoria. According to a report in the Australian Financial Review (only available by subscription or hard copy) on 6 April 2010, the Minister for WorkCover, Tim Holding, seems to share some of Maxwell’s view.   Holding is reported to have said in a speech that

“The truth is that the performance of workplace safety in the Victorian public service continues to be lamentable Continue reading “Minister says public service safety performance is lamentable”

Unprecedented interest in workplace bullying

On 25 March 2010, at the first of ten workplace bullying information seminars, WorkSafe Victoria, claimed to have a world-class approach to combating workplace bullying.  The Europeans may dispute the claim but there is no doubt that WorkSafe is on the right path in responding to the unprecedented community interest in the issue.

In a packed hall in the City of Melbourne, Trevor Martin, WorkSafe’s Strategic Programs Director, acknowledged the considerable media interest in the hazard over the last few years, and particularly since the prosecution of four men in associated with bullying at Cafe Vamp.  Martin said that WorkSafe’s advisory help line has been receiving more that 40 calls per day on bullying and harassment issues and that

“In February [2010] 560 calls were received …… 10%, 56 cases made it through to the dedicated unit for further work to be done.  That is an astonishing number of calls to WorkSafe on a single issue.” Continue reading “Unprecedented interest in workplace bullying”

Gas, lungs, ladders, fruit picking and concrete pumping – latest workplace incidents

The media on 11 March 2010 was reporting the discovery of a the body of a hotel worker in  a beer cellar of a Victorian hotel.  WorkSafe Victoria is investigating the possibility of carbon dioxide.

As with so  many cases of confined spaces, a second man was lucky to be alive after venturing into the cellar to check on the hotel worker.  The police report suggested that the second man was making a delivery to the hotel.

At such an early stage in the investigation and with so little detail,it is hard to say more than what WorkSafe’s Stan Krpan said in a media release this afternoon:

“With or without a gas leak or chemical exposure, limited means of entry and exit, poor air circulation, and working in confined spaces, is risky. Continue reading “Gas, lungs, ladders, fruit picking and concrete pumping – latest workplace incidents”

The cost of doing nothing

It is always an option to do nothing.  The status quo can be very attractive but if one chooses to not control a workplace hazard that one is aware of then the penalty must be accepted and the responsibility accepted.

WorkSafe Victoria has provided details (not yet online) of a case where a director of a food manufacturing company did not act on a workplace hazard and that hazard resulted in

“…the worker’s middle three fingers …removed to the knuckle; and he suffered damaged nerves, constant pain, and restricted movement of his thumb.”

The sole director of the company, Dino Fabbris, was fined $A25,000 for

“…his failure to arrange for the shredder to be guarded – despite working on the factory floor on a daily basis and taking managerial responsibility for the company’s two factories.” Continue reading “The cost of doing nothing”

Workplace bullying and restorative justice – how to help the families left behind

A feature article on workplace bullying in The Age newspaper on 10 March 2010 has the additional or secondary benefit of again raising the relevance of “restorative justice” to the issue of occupational safety and health.

The main element of the article is the McGregor family who had two children commit suicide over related issues.  The son, Stuart McGregor,  described as being chronically depressed, was being bullied at work.  He confided in his sister, Angela McGregor, over the issues.  Angela had been bullied at school.  Alannah killed herself.  A month later, Stuart followed.

WorkSafe investigated the bullying at Stuart’s place of work, substantiated Stuart’s claims are is determining what further action to take.  The newspaper reports that there may be insufficient evidence to pursue the case through the Courts.

What the reporter, Helen Westerman, does is to relate the grief and hurt of the parents to the potential benefits of the application of “restorative justice” in workplace incidents.   Continue reading “Workplace bullying and restorative justice – how to help the families left behind”

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