SafetyNet JOURNAL
SafetyNet Journal 123
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| Thu 13 Sep 2007 |
Issue 123 - SafetyNet JournalThu 13 Sep 2007Welcome to SafetyNet 123 – news from the world of OHS. There are details on how to register for our world-famous OHS Reps’ Seminar in October, as well as information on the WorkSafe Awards finalists, the latest research in nanotechnology, asbestos and much more.
Union News Research WorkSafe News Worksafe Prosecutions International News Events
Union NewsActivities for OHS repsVTHC’s Annual Conference for OHS Representatives If you are an elected OHS rep or deputy, you can now register for the biggest and best event of Victoria’s OHS Week: the VTHC’s Annual OHS Representatives Conference: OHS in Victoria - Unfinished Business. The conference will be on Wednesday October 24 at the Melbourne Exhibition and Convention Centre. Numbers are strictly limited this year, so make sure you register as soon as possible. You can register online, or email, faxed or post the registration form either to the VTHC OHS Unit or your union. register for the biggest and best event of Victoria’s OHS Week: the VTHC’s Annual OHS Representatives Conference: OHS in Victoria - Unfinished Business. The conference will be on Wednesday October 24 at the Melbourne Exhibition and Convention Centre. Numbers are strictly limited this year, so make sure you register as soon as possible. You can register online, or email, faxed or post the registration form either to the VTHC OHS Unit or your union.Administrative review of the OHS Act On the topic of ‘unfinished business’, the Victorian Government has announced an ‘administrative review’ of the 2004 Act to consider any unintended consequences or practical 'glitches' associated with its introduction and also how WorkSafe had been administering the Act. Submissions close on September 28. The VTHC has identified two important issues: the consultative arrangements in the Act and provisions relating to discrimination against people who have made OHS complaints. The consultation provisions in the Act (sections 35 & 36) have caused confusion around the rights of health and safety reps in the consultation process. Employers have had the duty to consult with reps since the introduction of the 1985 Act. The VTHC believes this provision should be clarified and taken out of section 35, where it is buried with the duty to consult employees generally. With regard to the discrimination provisions, the VTHC wants to see WorkSafe doing more to support reps and others in order to resolve matters before getting to the prosecution stage.
Another fatality A mobile crane driver was fatally injured on Tuesday this week, when his crane rolled over him as he tried to work out why it had broken down. However, because the crane’s brakes failed while it was parked on a hill on a public road, the fatality will not be considered a workplace fatality. The escort driver who came to assist him was unable to stop the powerless crane until it reached the foot of the hill, 430m away. WorkSafe will be assisting police in their investigations.
Source: The Age ETU health and safety manual now online The ETU has launched its Handbook on Electrical Safety in Construction, 2007 Edition [pdf]. It has been produced with support from employers and the electrical industry. The ETU says that while the handbook will assist in ensuring that the most stringent health and safety standards are followed, everyone should be aware of the critical need to undergo thorough and proper training on all aspects of the work. This week’s FAQ:
Can employers reduce the number of first aiders we have at the workplace? There’s no specific number of first aiders required under either the OHS Act or any regulation. The employer has a duty to ‘provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of the employer’. This includes first aid facilities and where required, an adequate number of first aiders. To determine what is ‘adequate’ the old Code of Practice for First Aid advised that an assessment of the workplace needed to be done, assessing the types of work, the hazards, and so on. Under Sections 35 & 36 of the 2004 OHS Act, the employer must consult with at least the ohs reps on a range of matters – including facilities for the welfare of employees. In addition, if the employer wishes to make any changes that might affect the OHS of workers, such as reducing the number of first aiders, then the employer has a duty to consult prior to actually making such changes. Read More: First Aid: What are the requirements? and Duty to Consult 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. Please do not 'reply' to this email if you have questions.
Have you voted in our OHS Reps @ Work website Poll?
How are you finding using the new consolidated OHS regulation? Vote now if you haven’t already: Go to the homepage. WorkSafe Awards A record number of finalists (31 from a field of 160) for this year’s WorkSafe Victoria Awards demonstrate the many different ways that health and safety is being addressed in the health, construction, manufacturing, entertainment and recreation industries. Health and Safety Representatives make up the biggest number of finalists in any of the seven categories. There are eight finalists who, according to WorkSafe, ‘demonstrate the dedication and passion of this indispensable group of workers’. WorkSafe Victoria’s Executive Director, John Merritt said, ‘Health and safety representatives play a critical role in representing the health and safety interests of their fellow workers.’ The finalists, all of whom are union members, are:
Source: WorkSafe Media Releases: WorkSafe Awards finalists – is there one near you? and Health and Safety Representatives dominate WorkSafe Awards finalists Alimta campaign As reported in the last edition of the journal SafetyNet122 , the federal government is refusing to list the only treatment drug known to be effective for mesothelioma on the PBS. The VTHC’s Asbestos Committee is supporting the campaign launched by ADSVIC to encourage the government to change its position, and urges you to participate in the campaign.
Read more about this and how to participate. Ex-James Hardie boss in criminal probe The former managing director of James Hardie, Peter Macdonald, has been revealed as the target of a criminal investigation over compensation to asbestos victims. He is first to be named as being investigated by the Australian Securities and Investments Commission since it flagged a criminal investigation in February into the scandal that cost Mr Macdonald his job. Mr Macdonald's barrister, Steven Finch, disclosed the investigation in the NSW Supreme Court last month as he argued that his client should be excused from giving ASIC any information during a civil penalty case. Mr Finch said ASIC had written advising 'a criminal investigation is under way' but gave no further details. Mr Macdonald, who headed James Hardie from California where he oversaw the successful expansion of its housing products business in the US, has made no public appearance in Australia since a torrid stint in the witness box at the 2004 special commission of inquiry into the under-funded asbestos disease compensation scheme. He resigned from the company during the furore after the commission's final report in which David Jackson QC said there appeared to be evidence of criminality.
Sydney Morning Herald. ASIC James Hardie webpage Hardie firm loses appeal A James Hardie & Co Ltd company, Amaca Pty Ltd, has lost its challenge against a ruling it should contribute half of $1million in damages awarded to a carpenter who contracted mesothelioma after working with its asbestos products. In 1980 the 16 year old worker started as an apprentice carpenter with a Sydney building firm. He left in 1998 to become a self-employed subcontractor. During his employment with firm, part of his work involved demolishing, constructing or refurbishing dwellings using Hardie-brand asbestos cement products. The worker was diagnosed with mesothelioma in 2004 and sued the firm in the NSW Dust Diseases Tribunal (DDT) alleging negligence for his exposure to inhalation of asbestos dust and fibre. In2005 the matter was settled by consent with the DDT awarding him the worker $1m. The firm counter-claimed against Amaca arguing it should share liability. In June 2006, the DDT found Amaca liable to pay $500,000 of the worker’s damages. Amaca appealed the decision and lost.
Source: OHNews UK Union ups school asbestos campaign
UK teaching union ATL is ramping up its awareness campaign on the dangers posed by asbestos in school buildings. The union says over 400 ATL members have so far signed its asbestos register, to indicate they may have been exposed at work. ATL says the number on the register 'is growing daily'. As part of its health and safety training for reps ATL is using the Asbestos Forum's DVD, Mesothelioma: The human face of an asbestos epidemic. The union is giving the DVD to our safety reps, and then asking them to find out about their employers' asbestos policy and if asbestos is present in their workplace. Health and Safety Executive (HSE) figures show 147 education workers died from mesothelioma in the decade between 1991 and 2000, 73 of them primary and secondary school teachers. HSE guide: Asbestos in schools. Mesothelioma: The human face of an asbestos epidemic, YouTube video. OHS reps Asbestos webpages Source: Risks 322 Australian Charter of Employment Rights Shadow IR Minister Julia Gillard and Victorian IR Minister Rob Hulls recently launched the Australian Institute of Employment Rights' book, Australian Charter of Employment Rights. Edited by Mordy Bromberg and Mark Irving, the charter proposes10 key rights:
According to Mordy Bromberg, the proposed rights were developed based on Australian industrial practice, the common law and international treaty obligations: ‘We need to recognise that this is a cataclysmic time in Australia's industrial history and that we are on the verge of discarding Australia's egalitarian traditions. . . This [the arbitration system] foundational pillar of our society stood for 103 years but fell to the Work Choices upheaval.’ AWU Welcomes Delivery of Beaconsfield ReportThe Australian Workers' Union welcomes the delivery of special investigator Mr Greg Melick SC's report into the Beaconsfield Mine collapse and the death of Larry Knight to the Tasmanian Coroner last week. The AWU says it does not want to jeopardise the inquest process, but wished to make a few general observations. Regarding Mr Melick’s comment that it was ‘unlikely the collapse could have been completely prevented’, AWU National Secretary Bill Shorten said, ‘That raises serious questions. If it was, in fact, unpreventable, should workers have been there? I'm sure the Coroner will be considering this question, as although Mr Melick made no finding of fault today, it's pretty obvious something wasn't working.’
UK news: HSE finds safety reps mean action at workRead more: AWU Media Release Union safety reps make workplace safety campaigns effective, research for the Health and Safety Executive (HSE) has found. The study looked at the involvement of safety reps in the HSE's better backs campaign, examining the impact of the training and support provided by UK union Unite's Amicus section. After receiving the training, almost six out of every 10 safety reps (59 per cent) raised back safety issues with greater frequency with workmates, and 29 per cent increased the number of times they raised the issue with senior management - who were then likely to act on the recommendations.
TUC study reveals systematic exploitation of migrant workers
HSE Media Release. Report: RR581 - HSE Better Backs 2006 Worker involvement evaluation: Research with Unite Amicus safety representatives Source: Risks 321 Following last week’s item on the exploitation of S457 visa holders (SafetyNet122), a new report commissioned by the UK’s peak union council, the TUC, has found that thousands of Polish and Lithuanian workers there are being exploited at work. Since 2004 when 10 new states joined the EU, more than 475,000 Polish and Lithuanian workers have gone to work in the UK. This study by Compas, a research unit based at Oxford University, shows that most had found insecure and poorly paid employment, with more than half of those surveyed encountering problems at work.
TUC Media Release Report: New EU Members? Migrant Workers' Challenges and Opportunities to Trade Unions: A Polish and Lithuanian Case Study [pdf] ResearchMother’s occupation affects foetusA new study from the Universities of Birmingham and Helsinki has found a link between a female’s work and environmental exposures and possible adverse effects on foetal development. Researchers compared the risk of low birth weight (LBW), small-for-gestational age (SGA) and pre-term delivery (PD) of women in various sectors, including farming and forestry; factory, mining and construction; office, non-manual and service work and women in unpaid work at home. The team found there were ‘substantial differences’ in the risk of adverse pregnancy outcomes between the main branches of industry. In newborns of women working in factories, mining and construction, the risk of LBW and SGA was higher compared with newborns of women not in paid employment - there was no increase in risk of PD in the same group. In newborns of farmers and forestry workers, the risks of PD, SGA and LBW were all elevated. Whereas in office, non-manual and service workers, the risk estimate was lower. Although concluding the evidence suggests that the type of exposures in the working environment may have negative effects on foetal development, the researchers say more research needs to be conducted on the reasons why the risk is elevated in particular occupations, possibly due to chemical exposure. abstract]abstract]Maternal occupation and adverse pregnancy outcomes: a Finnish population-based study, Parvez Ahmed and Jouni J. K. Jaakkola Occupational Medicine Journal, Volume 57, No 6, August 2007 [abstract] Nanoparticles found to be persistent in mice tissue Quantum dots (QDs) are autofluorescent semiconductor nanocrystals that can be used for biomedical imaging in live organisms. However, little is known about their in vivo disposition [absorption, distribution, metabolism, elimination (ADME)] and health consequences. A team of researchers from the US and Taiwan found that one type of QDs, QD705, has a very long half-life, potentially weeks or even months, in the body. The researchers injected mice with a single intravenous (iv) dose of QD705 to measure its blood and tissue kinetics. They found the half-life of QD705 in the blood was short (18.5 hr), but analyses revealed that the QDs persisted and even continued to increase in the spleen, liver, and kidney 28 days after the iv dose. Neither faecal nor urinary excretion of QD705 was detected appreciably in 28 days postdosing. The team concluded that due to its persistence, the health consequences of QD705 ‘deserve serious consideration’.
Work 'the biggest sleep robber'Persistent Tissue Kinetics and Redistribution of Nanoparticles, Quantum Dot 705, in Mice: ICP-MS Quantitative Assessment. Raymond S.H. Yang, Louis W. Chang, and others. Environmental Health Perspectives (EHP) [Abstract, Full article Volume 115, Number 9, September 2007 A new US study has found that time spent at work is the single most important lifestyle factor that impacts on sleep. US researchers found that working more hours affects sleep, and leads to sleeping less. Those who got less than four-and-a-half hours sleep a night worked an average of 93 minutes longer on weekdays and 118 minutes more on the weekend. Commuting time ranked second, above socialising and leisure time, for eating into sleep time. The study in the September issue of the journal Sleep included nearly 48,000 US participants, who were surveyed on three different occasions - in 2003, 2004 and 2005 - and asked how they spent their time between 4am the previous day and 4am that day. Those who slept 11-and-a-half hours or more worked an average of 143 minutes less on weekdays and 71 minutes less on weekends than the average sleeper. The age group that slept the least and worked the most was 45- to 54-year-olds, Dr Mathias Basner, of the University of Pennsylvania, and his colleagues found. Dr Basner said more work was now needed to measure what impact long working hours encroaching on sleep might be having on health.
Jessica Alexander from The Sleep Council commented: 'Survey after survey confirms that people are burning the candle at both ends more and more, with no let-up on increasingly global working environments that demand long working hours and 24/7 leisure opportunities.' She added: 'Eventually business, government and the medical profession will have to give sleep as much priority in their healthy living messages as diet and exercise - if not more.'
American Academy of Sleep Medicine news release http://www.aasmnet.org/Articles.aspx?id=551. Mathias Basner and others. American Time Use Survey: Sleep time and its relationship to waking activities, Sleep, volume 30, issue 9, pages 1,085-1,095, 2007 [abstract]. Source: Risks 322 WorkSafe NewsActivities – WorkSafeAlert – Wind warning to builders Three men were hurt in two separate structural collapses, thought to have been caused by strong winds, at Geelong two weeks ago. In one incident two plumbers were taken to hospital after a three-metre high concrete-block wall collapsed on them. One had a fractured leg. In the other incident a man was struck on the head by bricks when a parapet fell from a building which had recently undergone roof work.
A WorkSafe alert Masonry structures - Instability leads to collapse issued in 2005 points out that anyone working near masonry walls and other structures must ensure they have adequate strength and stability and be able to resist the effects of extreme weather conditions.
Freight Week 2007 WorkSafe’s Manufacturing, Logistics, Agriculture and Retail Industries industry program is once again participating in Freight Week – September 15 – 21. Events include ten separate conferences, four major launches, five dinners and functions and a free 3 day trade exhibition with daily workshops on technical issues. According to organisers, Freight Week addresses ownership changes, legislative changes, technology development and best practice behaviour in a rapidly changing freight marketplace.
Read more: Freight Week website
Farm death puts hazards of ‘quad bikes’ in spotlight The death of an elderly farmer after his all-terrain vehicle (ATV) rolled down a hill in north-east Victoria has prompted a renewed call for helmets to be worn by all ATV users. The man, 76, was found on Saturday September 1 during a search by SES volunteers on a property on the Beechworth-Wangaratta Road near Everton. Although the joint Victoria Police–WorkSafe investigation is at an early stage, it appears the man lost control of the bike while travelling along a narrow farm track near the edge of an embankment. WorkSafe’s Executive Director, John Merritt, said wearing a helmet could greatly reduce, injuries caused by impact with the ground or other objects, or crushing.
DEWR completes analysis of global chemical systemSource: WorkSafe Media Release The Department of Employment and Workplace Relations (DEWR) has analysed Europe's proposal to adopt a globally harmonised system of classification and labelling of chemicals (GHS). The DEWR has concentrated on classification criteria and scope of coverage of the proposed Australian workplace chemicals framework compared to the GHS and European proposals. The GHS is a single internationally agreed system of classification and labelling of chemicals which was developed under the auspices of the United Nations. The report can be downloaded from this page of the Australian Safety and Compensation Council website. Useful New ResourcesFrom VWA:
From the ACT: Office of Regulatory Services September Newsletter [pdf], has interesting articles on a number of items on OHS issues including ‘Altering Electrical Appliance Plugs’ Hot Work Permits Alert from the Center for Chemical Process Safety (CCPS) a Safety Alert regarding Hot Work Permits [pdf] after one person was killed and one injured when welding near a gasoline truck. Flammable vapours ignited and case a fire and explosion. Worksafe ProsecutionsCompany fined $300,000 for fatalityCamden Neon Pty Ltd, a company that manufactures and carries out maintenance on display signage, last week pleaded guilty to breaching the 2004 OHS Act, and was convicted and fined $300,000. One of its workers was killed after changing a light bulb. The 26 year old died in hospital four days after receiving an electric shock as he removed broken glass from a ‘live’ light fitting at a Coburg North car yard in April last year. He had not been provided with protective gloves and was using an uninsulated screwdriver. Judge Sue Pullen said the company’s working practices were grossly inadequate or non-existent. Camden Neon employees routinely left the power on when they carried out sign maintenance. The firm did not have a tag and lock out procedure for use when working with electricity. There was no written job safety analysis or work permit system before electrical work was done and employees had inadequate information, instruction and training in relation to the safe operation of the elevating work platform (EWP). Media ReleaseWorkSafe Media Release Media Release Employer fined $50,000 after worker killed: VWA issues maintenance warning The County Court has fined a Kerang business owner $50,000, without conviction (!), after an employee was crushed and later died when an excavator bucket suddenly closed on him in June last year. The maximum fine for an individual under the OHS Act 2004 is $189,000. Keith William Chirnside, who operates Kerfab Industries Pty Ltd, pleaded guilty to failing to provide and maintain a safe workplace. The company makes and repairs agricultural and earth moving machinery. The injured worker was replacing the steel lining of the front-end loader bucket which closed on him. Another man’s hand was hurt as he tried to free him. The Director of WorkSafe’s Manufacturing Logistics and Agriculture program, Trevor Martin, said maintenance and repair work was among the most dangerous. ‘Repair and maintenance work invariably means something is not as it should be, and consequently the risks need to be tightly controlled.’
GrainCorp prosecuted for a second time in 2007WorkSafe Media Release GrainCorp Operations Limited was recently convicted and fined $100,000 after a casual employee fell four metres into an unguarded ground-level grain hopper at Ouyen in January 2006. The worker sustained serious injuries to head, knee, shoulder, and kidneys and was off work for four weeks. It was the company’s second prosecution in Victoria this year. The Mildura Magistrates court heard that GrainCorp failed to provide adequate fall protection to employees who were required to work from heights on grain hoppers: there was no perimeter fall protection around the pit and there were no standard safety instructions or training for cleaning the hopper. On 30 March this year, GrainCorp Operations was convicted and fined $85,000 by the Horsham Magistrates Court after a grain auger fell, seriously injured a worker’s leg and hip.
Manufacturer fined $90,000 for hand crush injurySource: WorkSafe Media Release Victorian road transport vehicles manufacturer Maxitrans Australia Pty Ltd has been convicted and fined $90,000 after a worker suffered a crush injury to his hand. In 2005 the worker for was pinned between an axle unit and a pneumatic axle-lifting unit after an unrated chain failed. The employer used chains that were not weight-rated and were reused by randomly bolting them together. The VWA found that there was no formal procedure for reusing the chain or for the selection of bolts, and employees did not receive training or instruction for the safe use of chains to suspend axle units. Two weeks prior to the incident, a similar chain failure occurred but was not reported, and no preventative action was taken.
Q fever warning for meat and livestock industrySource: WorkSafe Media Release A Geelong animal products processing company was last week fined after four workers at became infected with Q fever because they had not been immunised against the debilitating condition. Galpac Australia Pty Ltd was fined $20,000 (without conviction) in the Geelong Magistrates Court after pleading guilty to two charges under the 1985 OHS Act. The company processes sheep placentas, which are used in cosmetics and as a health product. Galpac did not carry out a job safety analysis before beginning a trial of working with semi-thawed sheep placentas rather than frozen ones. Cutting the semi-thawed placentas into their component parts exposed the workers to Q fever. The Director of WorkSafe’s Manufacturing, Logistics and Agriculture program, Trevor Martin said anyone working with potentially infected animals or animal products should be immunised. Vaccination is a completely effective, low cost, and readily-available means of prevention.
Source: WorkSafe Media Release. Information on Infectious Diseases WorkSafe Guidance Note: Q Fever Prevention International NewsChina: Lean Manufacturing – A case study of its impact on Workplace Health and SafetyLean manufacturing, which establishes small production “cells,” or teams of workers, who complete an entire product from raw material processing through final assembly and shipment, increases health and safety hazards by mixing previously separated exposures to various chemicals (with possible additive and cumulative effects) and noise. The intensification of work leads to greater ergonomic and stress-related adverse health effects, as well as increased safety hazards. The authors of this study say that the standard industrial hygiene approach of anticipation, recognition, evaluation, and hazard control should be applied to lean operations, and that worker participation in identifying and solving problems is critical for reducing negative impacts. pdf] International Journal of Occupational and Environmental Health Garrett Brown and Dara O'Rourke Lean Manufacturing comes to China – A case study of its impact on Workplace Health and Safety [pdf] International Journal of Occupational and Environmental Health pdf] International Journal of Occupational and Environmental Health Europe: consultation on responsible research in Nanosciences and Nanotechnologies The European Commission this week announced a public consultation on responsible nanosciences and nanotechnologies research to provide input for a Recommendation to the Member States on a possible Code of Conduct for this emerging area of science. The potential economic impact of nanosciences and nanotechnologies (NST) research has been highlighted by analysts, with forecasts varying between US$150 billion by 2010 (approximately A$180 billion) according to a 2002 study by the Mitsubishi Institute, and US$2.6 trillion (approximately A$3.1 trillion) by 2014 according to a 2004 Lux Research study – implying that the market for nanotechnology-based products would be larger than the information and communication technology market and would exceed the future biotech market by ten times. Estimated worldwide public funding for nanotechnology R&D in 2004 was equivalent to approximately A$5.5 billion, reaching approximately A$8.3 billion in 2006. The consultation period is to 21st September only. Unions and other groups have serious concerns related to the minuscule size of nanoparticles, their ability to cross natural bio-boundaries or potential to connect living creatures and man-made materials and systems.
ILO: Green jobs: Facing up to "an inconvenient truth" EU Media Release. More information on Nanotechnology Over the last year or so, it has dawned on policy makers, businesses and the public around the world that climate change looks set to become the biggest social and environmental challenge of the 21st century. Peter Poschen, ILO Senior Policy Specialist and focal point on climate change, looks at the social and labour impacts of this complex global challenge.
Read the article in: World of Work 60, Aug. 2007 EventsCFMEU OHS conference - September 20The 2nd pulp and paper industry OHS conference, Workplace Culture - Leading the Way, is on Wednesday 19th and Thursday 20th of September, 2007 at the Crown Plaza Hotel, 1-5 Spencer St, Melbourne.
This year's program focuses on the importance that culture has in the workplace and the crucial role that leaders play in changing workplace culture.
For more details or brochure and registration form please contact Vasso at the OHS&E unit of the PPW branch at the CFMEU on 03 9274 9235 or info@ppwsafety.org. info@ppwsafety.org.info@ppwsafety.org.
Training at Trades Hall Make sure that you’ve enrolled for your training. If you haven’t done your annual refresher course, check out what we have on offer. It’s important for managers and supervisors, and committee members to also get training. Go to the training section of the website to check the courses scheduled at the VTHC OHS Training Unit. Contact Judith Rodda on 03 9663 5460 for more information either scheduled courses or what we can do for your workplace, and to enrol. |