Union News
Activities for reps
ACTU Charter of Workplace Rights – Sign the petition now
The ACTU recently launched a charter of workplace rights for occupational health and safety and workers’ compensation – and they are now asking workers around the country to sign a petition in order to promote the charter with the various levels of government. Read more about the charter and download the petition at this page
VTHC’s Annual OHS Representatives Conference
Early notice of the VTHC’s Annual Conference for OHS Representatives: When? Wednesday October 24, Where? Melbourne Exhibition and Convention Centre. More information in coming weeks on how to register.
This week’s FAQ
What are the regulations regarding steps and stairs?
The OHS Unit gets many enquiries about steps, stairs and handrails. There is nothing in OHS legislation specifically on steps and stairs.
However, there are a number of sources providing guidance and information. Steps and stairs should comply with the Building Code of Australia as well as the Australian Standard AS 1657-1992: Fixed platforms, walkways, stairways and ladders - Design, construction and installation.
Read more
If you have any questions or need help with any OHS related issue, Ask Renata. You are guaranteed an answer, usually within a couple of working days.
New Website Poll
There’s a new poll on our website; Have you used the new WorkSafe Victoria ‘Your Guide to…’ yet?
To access the Guides go to the Regulations page of the site.
Results of the last poll: What's the temperature like in your workplace in winter?
Over 70% of respondents said it was too cold, and fewer than 30% said it was just right for the work they do. More information on Cold .
Asbestos News
Accountant's visits led to asbestos cancer
An accountant in the UK died as a result of exposure to asbestos, despite only visiting the factory a couple of times each year. The man developed mesothelioma many years after visiting an asbestos factory in the course of his job as an articled clerk in the 1950s. The case highlights the extremely hazardous nature of even minor exposure, and that workers with no ‘industrial exposure’ can still be at risk. Unions argue that asbestos contaminated dust is highly toxic and should only be cleaned by licensed asbestos removalists. This has been a consistent view over time and will remain a strong position into the future.
Source: Risks 315
Bankruptcy heralds end to asbestos production in Canada
Canada’s last remaining asbestos producer, Asbestos Corporation Limited, has filed for bankruptcy, signalling the end industry in that country. Unfortunately, what should be a great victory for the unions could prove catastrophic to the people and communities working with asbestos.
Unions have campaigned for years to close down the asbestos production in an orderly and phased transition, a position which has met with strong resistance from the industry. Now the situation will be much more difficult for the affected workforce and their communities.
Canadian unions and their international affiliates are calling for the local and federal governments to come to the aid of the community, citing innovative measures undertaken in Quebec, long the home of Canadian asbestos production.
Source: Company website
Ambos concerned about supersized vehicles trial
The Ambulance Employees Association of Victoria is concerned that new vehicles for transporting and treating obese patients will be run by a private company, potentially putting both patients and operators at risk. AEA – Vic Secretary Steve McGhie said the Complex Patient Ambulance Vehicle (CPAV) had been developed over the past two years by the Metropolitan Ambulance Service in consultation with the union. The $200 000 specialist ambulance project was commissioned after a union-issued PIN highlighted the complex problems of treating and transporting bariatric patients – patients who weigh over 159kg.
The AEA believes the Government decision to conduct a six-month trial using a private operator and failure to inform the union and HSR who issued the original PIN is in breach of the OHS Act. There are also significant OHS issues relating to staffing of the vehicles. The vehicle and crews will be responding to potential emergency situations, particularly given the specialist needs of bariatric patients, yet the crews on the vehicle are not emergency workers and are not trained to deal with emergency situations or experienced in driving with lights and sirens.
The CPAV will also not be available after 10pm as the private company only operates them for 12 hours per day. The AEA doesn’t see a need for a trial to be conducted as all the equipment is known and has been used by ambulance workers. Steve McGhie says the CPAVs should be treated as an emergency response vehicle, staffed by fully qualified ambulance paramedics and on call 24 hours a day seven days a week.
Cancer probes at two Sydney hospitals
A possible breast cancer cluster is being investigated at two Sydney hospitals where a number of women have been diagnosed with the disease. The Sydney South West Area Health Service (SSWAHS) is assessing breast cancer cases among staff at Concord and Bowral hospitals. The investigations are being led by Sydney Cancer Centre director of research Professor Bruce Armstrong who investigated the incidence of cancer among staff at the ABC in Brisbane.
The investigation will carry out epidemiological studies to compare breast cancer rates among staff at the hospitals and in the general NSW public and also carry out an environmental assessment of both hospitals.
NSW railway technicians killed in incident
Investigations continue into the death of two railway technicians struck by a train in NSW. Prior to the incident, the two technicians had been working on points at Singleton railway station. The two rail technicians were walking along the railway line when they were struck. Reportssaid the workers had completed their work after working in a "safety zone". The safety barrier had been "lifted" around them. Australian Rail Track Corp (ARTC) is investigating the incident and will publish a report once it is finalised. Comcare, the police and the Australian Transport Safety Bureau are also investigating.
Source: OHNews
Telstra’s using GPS to monitor staff
Telstra is under fire, facing claims the company has been illegally monitoring employees by installing GPS trackers in vehicles without genuine consent. Victoria's Workplace Rights Advocate Tony Lawrence has alleged the company forced the new GeoManager system on to workers and could be in breach of both the OHS Act and the Surveillance Devices Act (SDA). The CEPU’s Len Cooper said the union has been in dispute with Telstra for over 12 months due to the company’s surveillance practices and applauded moves by the Workplace Advocate to investigate the practice.
Telstra began fitting the devices in March and April this year despite union objections and forced employees to give consent to do so. The Victorian SDA requires that a person must give consent to the installation of any device that can be used to track their movements. But if the “consent” is made under duress it may not be valid.
Telstra told affected workers they were obliged to give their consent and that the company had the right to discipline those who refused. In doing so Telstra may have breached the relevant acts, potentially invoking fines of up to $128,000.
Studies find WorkChoices lowers safety, encourages poor treatment
WorkChoices has led to a shift in the workplace environment and lowered OHS standards according to new research. The University of SA study ‘Not Fair, No Choice’ reveals
WorkChoices has triggered a change in workplace climate which has led to less attention on OHS practices. The report also states “has created a climate where some employers feel licensed to act with unilateral disdain for workers and their rights in many cases”.
The study makes a number of recommendations including the revival of the five-yearly AWIRS report, axing employer greenfields agreements, prohibiting making employment conditional on signing an AWA, reinstating unfair dismissal remedies for all employees, and re-introducing a right to request changes in hours.
The Workplace relations Minister Joe Hockey went on the attack, calling study co-author Barbara Pocock a “Chicken Little impersonator”. The Minister labelled the report and its recommendations as “deeply flawed”.
The research can be downloaded here. – [pdf]
Meanwhile research from the University of Sydney has found that WorkChoices has led to lower pay and less job security for low-paid female workers and sent a message to managers that they have permission to treat them badly.
The report [pdf] commissioned by the NSW Government states, “For the most part, these changes have been negative and deleterious, reducing decency and democracy at work and in society.
These changes have included reductions in pay for already low paid workers, less certainty about wage rates and pay rises, intensification of work, weakening of job security, less financial independence, less money for children and basic household costs, less representation and say at work and in the community, and poorer health and wellbeing.”
Tristar workers face “mental torture”
Workers at Sydney car parts manufacturer Tristar are being denied meaningful work as part of a protracted dispute between the business and unions. The Australian Manufacturing Workers Union (AMWU) says the workers are being subjected to the “mental torture” of extreme boredom as there is no work for them to do, yet the company refuses to offer redundancies to 35 long-time workers. The redundancy agreement expires in early 2008 and the union believes the company is holding out until then, paying its longest-serving employees to turn up and do nothing rather than pay out millions of dollars in entitlements. Tristar dismissed the bulk of its 350 strong workforce earlier this year. Workers are left largely to their own devices, some reading and playing cards to pass the time.
The Workplace Ombudsman is representing 26 of the workers in a Federal Court case seeking compensation commensurate to what the workers would receive in redundancy.
The lack of meaningful work is a noted cause of stress in the workplace with a range of long-term health impacts. Learn more about Workplace Stress
TWU forges new links with national depression initiative
The Vic/Tas Transport Workers' Union (TWU) has forged new links with national depression initiative beyondblue after recognising stress, depression and suicide were problems its predominantly male members needed to feel comfortable talking about. "Our members are 97% blokes and traditionally they don't talk about these problems," TWU Vic/Tas branch secretary Bill Noonan told the union's annual safety seminar in Melbourne on July 24.
UK News
Bogus self-employment a threat to Olympic safety
Attempts at cost-cutting on construction sites for the London Olympics threatens to pull in large numbers of ‘bogus self-employed’ migrant workers, putting them at risk of exploitation and lack of OHS rights. The UK construction union UCATT has warned that a decision to recruit self-employed workers on the Olympics projects could lead to tax abuses and heightened safety risks.
In Australia there have been similar problems with the use of controversial Section 457 visas which unions say encourage poorer OHS standards and expose migrant workers to the threat of exploitation by unscrupulous employers. However while such problems have been commonplace during Olympic Games related construction projects all over the world, the problem was well regulated when Sydney hosted the Games. This was largely due to joint government and union oversighting of the industry.
Source: Risks 315
New Guide to mail strains
UK Postal union, CWU, has launched a new guide to tackle the high rates of workplace strains suffered by mail delivery staff. The guide aims to cut down on musculoskeletal injuries in Royal Mail which are running at over ten times the rate for the rest of the country.
CWU Safe working on delivery guide [pdf]
Source: Risks 318
UK unions welcome long awaited corporate killing law
The UK will finally get a law on corporate killing, thanks to a last-minute compromise between the two Houses of Parliament. TUC General Secretary Brendan Barber has hailed the decision even though unions wanted the bill to make individual directors personally liable for safety breaches and penalties against employers committing safety crimes to be tougher. However the unions hoped it would mean the start of a change in the safety culture at the top of the UK's companies and organisations.
Australian unions have campaigned hard to get Industrial Manslaughter laws on the books. Victoria almost saw success but the proposed bill failed to get through. Read more about VTHC’s campaign for Industrial Manslaughter laws in Victoria:
How long before Australia gets these laws?