OHS REPS @ WORK

SafetyNet Journal 128

Welcome to SafetyNet 128 – your source for all the latest OHS news from Victoria, Australia and the world.  Feel free to pass this news on to your fellow workers and other reps.

If you want a hard copy of the newsletter, just go ahead and print it – with our new site it will be automatically ‘Print Friendly’

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Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Events

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Union News

Activities for reps

Accident warning in lead up to holiday period
A recent fatality at a building site has highlighted warning from WorkSafe about the increase in accidents leading up to the Christmas and New Year holidays. On Saturday November 10 a worker at a Mitcham construction site was struck and killed by a steel support as it was being removed from a concrete panel.
 
Reps need to make sure that employers don’t allow time constraints or other pressures to distract them from their duty to provide and maintain a safe and healthy workplace. WorkSafe has previously warned that serious incidents seem to increase in the period leading up to Christmas and the New Year break when there is increased pressure to finish jobs before a lengthy shutdown period.
VWA media release
 
Drug testing not the preferred option
The UK TUC’s Hazards magazine has released a special report on problems with drug testing in the workplace. The findings support the view of Australian unions that impairment is the problem, whatever the cause, and that rather than focus on expensive and ineffective testing regimes employers are better off treating the root causes of impairment, which include fatigue and stress.

Strong health and safety regimes are proven to do a better job of  reducing the risk of accidents in the workplace.
Impaired Thinking

Another court supports role of unions

The Federal Court has supported the role of unions, declaring the CFMEU a "competent administrative authority" and finding it unlawful for a person to be sacked for reasons including complaining to the union. Justice Susan Kenny ordered Pilkington Aust, a Laverton car windscreen factory, to reinstate a worker who’d been fired after complaining to the union about bullying and harassment.
 
Justice Kenny also found that the union had the right to enter the workplace under the OHS act to investigate alleged braches of the act. Read the judgement online Claveria v Pilkington Australia Ltd [2007] FCA 1692 
 
The judgement supports a new World Health Organisation report which finds that rigorous enforcement backed up by active unions is the best way to deliver safety at work.
The report, Employment conditions and health inequalities [pdf], finds that unions dramatically increase enforcement of the occupational safety and health acts and union training gives a significant boost to workplace safety. Risks 332
 
This week’s FAQ
How hot does it have to be before we can stop work?
 
This is an 'oldie but goodie' - and several people contacted the OHS Unit over the past couple of extremely hot days with this question.  The answer is still the same as it was last year...in Victoria there are NO specific statutory or regulatory limits on the temperature to which workers can be exposed. But that doesn't mean that you can't do anything for your members regarding excessive heat in the workplace - your employer is expected to prevent your workplace being uncomfortably or unhealthily  hot. Your employer has a duty of care under the Victorian Occupational Health and Safety Act (2004) to provide a healthy and safe workplace.  Now that the weather has cooled down for a few days, approach your management rep and ask to negotiate a Heat Policy for your workplace, so that the next time the temperature soars, something will be in place.
 
For more information on the risks associated with excessive heat, and advice on negotiating a policy, go to the FAQ and the Hazard information  pages on Heat on the website.
 
New Material on OHS Reps
The Regulations  page of the website is being updated to reflect the consolidation of the Victorian Regulations. There are a number of new sections dealing with specific chapters.  More chapters are being added each week.

Asbestos news

BIG reminder of Asbestos Awareness Week – NEXT week
Remember that next week is Asbestos Awareness week. There will be a number of commemoration services in Melbourne and around the State, as well as other events. If you can’t attend an event, do something at your workplace.  
Check the website for more events

Bernie Banton wins asbestos compensation
Asbestos diseases campaigner Bernie Banton has reached a settlement with James Hardie subsidiary Amaca after he was diagnosed with mesothelioma earlier this year. Mr Banton, who is gravely ill, has been a powerful voice for asbestos victims and the public face of the campaign to make Hardie pay proper compensation to the victims of their products.
 
The win is a courageous moral victory for Mr Banton who gave evidence from his hospital bed during the week. Mr Banton is enduring the final stages of the disease and is barely able to speak.
 
Mr Banton had sought exemplary damages from the company, which had been fighting the move and even questioned whether he had mesothelioma. He had originally won compensation from the company in 2000 arising from his contracting asbestosis while working in its factory from 1968 to 1974.
 
He became the public face of the campaign to force James Hardie to face up to its responsibilities after scandalously underfunding asbestos compensation.

Defence Force given exemption on “mission-critical” asbestos products
Despite objections from unions and community, the ASCC has granted the Aust Defence Force a three-year extension until Dec 31, 2010, on its exemption to use "mission-critical components and parts" that contain chrysotile asbestos which has no known alternative. Defence still has some 277 items in its inventory containing the substance.  
 
Mesothelioma cases to peak at almost 200 a year in NSW
NSW Mesothelioma cases in men will peak at almost 200 a year between 2014 and 2021 according to new research. Researchers from the Australian National University predict there could 6700 cases of mesothelioma between 2004 and 2060. The modelling used in the research suggests there will be 196 new cases of the asbestos disease in 2014.
Projected mesothelioma incidence in men in New South Wales. Mark Clements, et al, Canberra. Occupational and Environmental Medicine, Volume 64, November 2007.

Firefighters’ union wins uniform fight

Victorian firefighters will be safer after the United Firefighters Union of Aust (UFU) Vic branch won its fight for new uniforms to replace the current wool ones. The move comes following the serious injury of firefighter Richard Zapart during a factory fire in October.
Firefighters will be supplied with uniforms made from PolyBenzImidazole (PBI), a synthetic fibre with a high melting point and which does not ignite.

The UFU says the Metropolitan Fire Brigade (MFB) will begin rolling out the uniforms in March 2008 with immediate issue to on-shift firefighters as the garments become available. New safety gear to go with the uniforms, including boots and hoods, will also come into effect over the next few months.
 
Ambulance drivers forced back behind the wheel
The AIRC has ordered Victorian ambulance officers back behind the wheel of vehicles despite their union’s views that vehicles with more than 150,000kms or more than three years old are unsafe for the conditions in which they are expected to operate.

The Ambulance Employees Association argued that such vehicles need to be tested to determine whether they are safe to drive at high speed.

In early October ambulance officers refused to staff the vehicles based on the union’s safety concerns. According to the union Victorian ambulances do not get upgraded as often as those in other states.

The dispute has intensified after two Bendigo officers were stood down for allegedly refusing to respond to an emergency. The union interceded arguing that the officers had not refused to respond but merely queried the call from the dispatcher who reissued the call to another unit. The officers were reinstated but were subsequently issued a warning by management contrary to the agreement with the AEA.

AEA Secretary Steve McGhie said the union proposed a trial of some of the vehicles in question to determine a safe lifespan and is awaiting a response from MAS.
The parties will be back in the AIRC on December 3 (AIRC, Metropolitan Ambulance Service v LHMU, PR979670).
AEA website

Miners rescued after being trapped underground

A group of 27 miners were safely rescued after being trapped underground at a Ballarat gold mine. All the men were uninjured in the incident which occurred on 18 November.
The Australian Workers Union said the incident highlights the safety concerns regarding  the Howard Government’s WorkChoices laws. The union raised concerns about the safety of Ballarat miners earlier in the year, calling in government inspectors for safety breaches.
"Unfortunately the Howard Government's WorkChoice laws actually makes it illegal for us to demand proper independent union sponsored safety training," said Paul Howes, the Acting National Secretary of the AWU. 

"The AWU and our members can suffer hefty fines for making this basic demand for decent independent safety training from mine managers who too often cut corners to make extra profits," he said. An inquiry will be conducted into the incident.
AWU media release 

Suspect ABC site to undergo new tests

New environmental tests will be carried out at the ABC’s abandoned Brisbane studios in response to staff concerns about the adequacy of efforts to identify the cause of a cancer cluster. The broadcaster's Queensland broadcast centre at Toowong was evacuated in December 2006 after an environmental health panel headed by Sydney Cancer Centre Professor Bruce Armstrong identified a cluster of 14 cases of breast cancer among female staff since 1994. So far the cause of the cluster has not been determined.
Source: OHN 760
 
Defence personnel undergo beryllium testing
Problems with Comcare have again been highlighted after 19 personnel at the Defence national storage and distribution centre in Moorebank, NSW, were exposed or potentially exposed to beryllium and a "further" investigation is under way.

Beryllium exposure can cause irreversible scarring of the lungs and is sometimes fatal. The Defence Department has not released results of the tests. Comcare was notified of the incident and consulted the centre's OHS co-ordinator. Beryllium is a known cancer causing substance Read more Sources: Occupational Health News 760  ABC News Online

UK: Latest Hazards out now

The latest issue of Hazards, the union safety reps' quarterly from the UK, is out now. Articles of great interest to reps in Australia include why drug and alcohol tests are a bad habit employers should in general give up, as well as lots of news and resources. Subscribe now    Hazards magazine   Contents page    
 
Canary Islands: Court confirms illegal dismissal of union official
Transnational hotel chain Iberostar has been fined and ordered to reinstate and give back pay to a union official who was illegally sacked for denouncing unsafe working conditions. Antonio Garcia Ramos, union secretary for the FECOHT-CC.OO, was offered 300,000 euros by the company to drop his appeal against illegal dismissal and the union fought back with a campaign around the slogan “Our union cannot be bought”.
IUF Media release

Research

'Obligation to act' on work cancers

A new report says urgent action must be taken to address the toll of workplace and environmental cancers. Researchers from the Lowell Center for Sustainable Development in the USA who reviewed new evidence on cancer risks, said their findings 'demonstrate why environmental and occupational cancers should be given serious consideration by policymakers, individuals, and institutions concerned with cancer prevention.'
Environmental and occupational causes of cancer: New Evidence, 2005-2007, Lowell Center for Sustainable Production, 2007, Executive Summary and Full Report [pdf]
From Risks 332 OHS Occupational Cancers page  
 
Needlestick injury study for NSW nurses
A new study will examine the frequency and associated risks of needlestick injuries in NSW nurses. The study, by the Newcastle Uni and the NSW Nurses' Association, will explore risks and how they might be prevented. Prior research shows nurses have a higher risk of needlestick and sharps injuries than any other health professionals according to the NSWNA. The results are expected in mid-2008. For more information, email 07.sharps.study@newcastle.edu.au. Needlestick injuries 

WorkSafe News

A new-look homepage for WorkSafe

WorkSafe has an updated website with a new-look homepage  to make browsing safety matters easier – check it out now
 
Safe Towns project visits Warnambool, Colac
West Warrnambool businesses have proved themselves among the state’s safest, but last week’s Safe Towns campaign found two people working in such a way that they could have died or spent the rest of their days in a wheelchair. WorkSafe issued fewer than 50 PINs to 106 businesses over the course of the week-long visits.

Next week Safe Towns moves to Colac, an area with a high rate of serious workplace injuries with more than 900 work-related injuries reported to WorkSafe Victoria over the past five financial years. The project commences November 26.
VWA Media Release 
 
New licensing system for high risk equipment
Safety laws which provide for the operation of forklifts, cranes, boom lifts and other high risk equipment have changed. As a result, current ‘ticket’ holders need to transfer to the new ‘Licence to Perform High Risk Work’. Get the details on the WorkSafe website.

New Alliance: WorkSafe, educators, health & safety associations

WorkSafe Victoria has formed an alliance with Australia’s leading universities and health and safety organisations to help make small and medium sized Victorian companies safer.  WorkSafe Executive Director, John Merritt said the alliance would work closely in the coming months to develop ways to help Victoria’s 240,000+ small and medium sized employers meet the challenges of providing safe workplaces.

“We aim to raise the profile of key people and organisations that help small and medium business employers with their health and safety risks,” he said. “The alliance’s priority is to develop minimum standards for OHS practitioners that work with SMEs, create a referral service for employers seeking help and promote the value of working with professional associations.” Worksafe media release

New Materials –  WorkSafe Victoria

• Booklet on safer plant operations, aimed at helping employers and employees plan for safe work involving the maintenance, repair, installation, servicing and cleaning of machinery and equipment. It includes a reference tool with examples of possible hazards.
• Formwork tool and prompt sheet  – WorkSafe has updated and revised its formwork tool and prompt sheet for use by employers, site safety committees, health and safety representatives and others. The tool includes a checklist to help identify common faults.
• Compliance framework handbook explains the key elements of the OHS compliance in Victoria and WorkSafe's approach to developing these elements which includes legislation, codes and guidance material. 
  

Other:

• From WorkCover NSW: Safety alert - Self-erecting tower cranes - issued following the near collapse of a self-erecting crane at a northern suburbs construction site due to a crack in the metal plates at the base of the crane. The alert provides information on how to conduct an appropriate inspection of self-erecting tower cranes to detect potential metal failures. Media release  
   
• Queensland Government has released a booklet [pdf] as part of an awareness campaign aimed at reducing injuries from slips and falls.

Worksafe Prosecutions

Engineering firm fined $120,000 for fatality

Civil engineering contractor FRH Victoria Pty Ltd was fined $120,000 for a fatality in which a worker fell three metres into a sewer in July 2003.

The company pleaded guilty in the County Court to two counts of failing to provide and maintain safe systems of work over the incident. The presiding judge found the company failed to provide verbal or written instructions or a risk assessment of the job. Nor had they provided a job safety analysis, exact location details of the job or gain the necessary permit approval to enter the sewer. Source: The Age, 23/11/07
 
Abusive businessman pays the price
A tirade of abuse and obstructing a WorkSafe inspector taking part in a safety improvement campaign has cost a businessman nearly $5000 in fines and court costs.

But Graeme Hardy, the sole director and secretary of Executive Golf Pty Ltd escaped a conviction having told the Melbourne Magistrate’s Court last week that it could affect his ability to travel to the United States on business.
Source: VWA Media Release   

SA: Forklift injury 'quite foreseeable'
A SA fruit-packing firm was fined $22,000 for workplace safety failures which saw a woman sustaining crush injuries when her foot was run over by a forklift. BP Fruits Pty Ltd pleaded guilty to breaching SA's OHSW Act over a range of safety failures which led directly to the incident. A SafeWork SA investigation found walkways for pedestrians in the shed were inadequately marked, staff were not properly instructed in risks of moving vehicles, safety induction training was inadequate, and the forklift driver was neither accredited nor being supervised when the incident occurred.
Source: OHN 760

SA: Employer fined $100,000
A South Australian automotive company was fined over $100,000 for two separate incidents by the SA Magistrate's Court which found an "apparent continual failure" by the employer to adequately guard machinery. An employee of Castalloy Manufacturing Pty Ltd had his right index finger crushed in an inappropriately guarded machine. Despite repeated failures of the guarding on the machine the employer had not taken action to fix the problem until after the accident.
Source: OHS Alert

International News

Europe: European Initiative Highlights Work-related Musculoskeletal Disorders

Musculoskeletal disorders are the most common work-related health problem in Europe.  The European Agency for Safety and Health at Work dedicated the European Week for Safety and Health at Work from October 22-26 musculoskeletal disorders. The Agency launched the publication, "Work-related musculoskeletal disorders: Back to work report," to coincide with the special week and support its aims. The two initiatives promote an integrated management approach to tackling MSDs. Read more   
 
Sweden: Nano precautions urged
Nanotechnology firms must take a precautionary approach in order to prevent health and environmental risks, the Swedish chemicals inspectorate, Kemi, has warned. In a report released on 31 October the inspectorate says companies should apply special precautions in the development and use of nanomaterials. Kemi proposes to hold a conference during Sweden's EU presidency in 2009 on how nanotechnology should be dealt with by legislation. Kemi news release   Source: Risks 331.  Nanotechnology 
 
Standards on nanotechnologies to be released 
BSI British Standards will soon launch a series of standards and guides to underpin the rapidly expanding fields of nanotechnologies and nanosciences. The standards, to be launched in January 2008 will support:

• Safety testing, legislation and regulation 
• Worker, public and environmental safety 
• Commercialisation and procurement 
• Patenting and Intellectual property rights 
• Communication about the benefits, opportunities and potential problems associated with nanotechnologies

UK from the HSE:

• Workplace stress costs more than £530 million (A$1262 million) - Statistics released last week by the Health and Safety Commission (HSC) shows a dramatic increase in the number of workers suffering from work-related stress in Great Britain. The HSC said it was a stark reminder that a conscious effort must be made to tackle workplace stress as 14 million working days were lost to stress last year.  Media release  
• Webpage on chronic obstructive pulmonary disease
  The Health and Safety Executive has developed a mini-website on chronic obstructive pulmonary disease (COPD), a group of often work-related lung conditions that together make COPD the fourth leading cause of death throughout the world. 

US/Nicaragua: Banana workers awarded $3.2 million US after chemical exposure
Jurors in Los Angeles awarded US$3.2 million (A$3.7 million) in damages to six Nicaraguan workers who were left sterile after exposure to the pesticide DBCP (1,2-dibromo-3-chloropropane) on Dole Foods’ banana plantations. DBCP has been banned in most of the world; California banned it in 1977, after DBCP was found to cause sterility in men working at an Occidental Petroleum plant in that state. According to Los Angeles Times’ reporter John Spano ‘The case was widely seen as a test of how the U.S. legal system responds to injuries inflicted through globalization. Because the harm occurred in Central America, the defendants had argued for years that the trials should take place there, rather than in the United States. Both sides considered the case a bellwether that would determine what sorts of claims would be pursued in the future.’
Source: The Pump Handle

Events

Meat workers exhibition

“Artist, Meat Workers & their Union” an exhibition by Mary Hammond.
Until 2 December 2007
Steps Gallery, 62 Lygon St Carlton South (Near Trades Hall).
 
Training at Trades Hall
There’s still time to register for courses before the end of the year  or organising your registration for courses in the new year.  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.