OHS REPS @ WORK

Issue 130 - SafetyNet Journal 130

Have a SAFE and happy holiday

SafetyNet and the VTHC OHS Unit wishes everyone a SAFE and happy holiday season.   Please be aware that is the last edition of SafetyNet for 2007. The VTHC will be closed until Jan 14, and the next edition of the journal will be out in late January.

 

If you need urgent health and safety advice call the WorkSafe advisory line on 1800 136 089 or (03) 9641 1444.

 

Apologies if you've received this edition twice.

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Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Events

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Union News

Activities for reps

New poll on website
Are you feeling more pressured at work at this time of year?

Results of previous poll: 100% of respondents said they needed more support as HSRs from management!

Jarrod Moran, former VTHC WorkCover Officer, moves to ACTU
Former Victorian Trades Hall Council WorkCover Officer and Return to Work Unit co-ordinator, Jarrod Moran has been appointed to the new workers' compensation officer position at the ACTU.

The new position was created at the ACTU to focus on harmonisation of workers' compensation schemes across the states and territories. The position will also help establish a new role for the ASCC.

ACTU: Behavioural Based Safety - A Worker Perspective
ACTU OHS Officer Steve Mullins recently presented a powerful argument against the incorporation of Behavioural Based Safety (BBS) into workplace health and safety regimes.

Speaking at the Behavioural Based Safety In Heavy Industries Conference in Melbourne, Mullins had a simple message for those workplaces contemplating including BBS: “Don’t do it”. Read the full text of his address on the ACTU website. 
Read more on BBS 

Comcare moratorium on new sign-ups
The newly elected Rudd Government has placed a moratorium on new applications from corporations wanting to move to the Comcare workers’ compensation scheme. The moratorium on new applications applies immediately.

The moratorium was announced as Labor policy before the election and touted as necessary to enable the Government to examine whether the Comcare scheme provides workers with access to appropriate workplace safety and compensation arrangements. Unions have long argued against the expanded use of Comcare by private corporations to lessen their OHS and workers compensation obligations.

The previous Liberal government broadened the Comcare scheme, causing
significant concern about occupational health and safety coverage for workers, particularly contractors. ALP Media release

Asbestos News

Unlicensed asbestos removal endangers workers
There has been at least one incident recently where the CFMEU has been called into a major hotel refurbishment on a bodgy asbestos removal job.

The CFMEU discovered that the job was being done by an unlicensed removalist and other workers, including building and hotel workers, were potentially exposed.  Reps need to make sure that prior to any refurbishment work being commenced at their workplace, they are given a copy of the asbestos register so they can be sure that if any asbestos is going to be disturbed they can check that licensed asbestos removalists only are called in. 

The regulations require that all buildings that MAY contain asbestos must have an up-to-date register (or audit) - the rep has the right to request a copy of this audit.  In addition to this, if there are any changes to the workplace, and this includes refurbishment and any removal work, then the employer has duty under the regulations to provide this information to the rep/s as soon as practicable, and begin consultations. 

The rep should contact the union if he or she has any concerns about whether the removal job is being done properly, or has any other questions.

Mesothelioma cure 'expected', predicts radiation oncologist
Clinical trials of new mesothelioma therapies are "expected" to show the fatal disease can be cured according to radiation oncologist Dr Malcolm Feigen.
Dr Feigen was a keynote speaker at the recent Asbestos Diseases Society of Vic (ADSVIC) commemoration service on November 27.

He told attendees that a team of specialists at Melbourne's Austin & Repatriation and St Vincent's hospitals was preparing the trial which would be based on a mesothelioma and radical surgery (MARS) trial conducted in Britain in 2005 [pdf].
Asbestos Awareness Week activities

UK: Asbestos always a risk, anywhere
Two recent mesothelioma deaths in the UK have highlighted the constant danger posed by asbestos, even in minute quantities. A hairdresser died from mesothelioma after working in a hair salon for 33 years, an inquest has heard.

Asbestos campaigners point to emissions from heating elements in hair salons which used to be insulated with asbestos as being responsible for a number of mesothelioma cases nationwide.

Similarly a theatre worker died after long-term exposure from a crumbling fire safety stage curtain which released asbestos whenever it was raised or lowered. An inquest ruled the case death by industrial disease.
Source: Risks 335 

India may lift ban on asbestos mining
India is defying the global campaign to ban asbestos by moving to overturn its ban on mining the deadly carcinogen. Around 40 countries around the world have banned or set in motion steps to phase out asbestos use.

The move to lift the asbestos mining ban defies global practices. The granting of new mining leases has been banned in India since 1986 and no existing mining leases have been renewed since 1993.

Now the country’s Directorate General of Mines Safety (DGMS) is seeking to overturn the bans. "A gazette notification outlining our recommendations towards lifting the ban on mining chrysolite asbestos is currently under formulation. We expect it to go for cabinet approval early next year," says Kaushik Sarkar, deputy-director of the DGMS.
Source: Risks 335

Canada’s exporting of asbestos misery a crime: Indian doctors
Canada's export of asbestos to developing countries is "criminal" and is killing workers in India, medical experts in New Delhi have warned, calling on Canada to cease the practice.

Canadian chrysotile asbestos accounts for one-third of all the asbestos in India and is used to make everything from concrete water pipes to metal roofing. Health and safety standards are often nonexistent.

According to India's occupational and environmental department, at least 100,000 factory workers and millions of construction workers across India inhale asbestos every day.
Source: Winnipeg Free Press

Health and safety rep wins Gayle Smith OHS award

Dr Chris Duffy, the Health and Safety representative for Western Metropolitan Region, Allied Health workers, has won the prestigious CPSU Gayle Smith Award for his significant contribution to OHS in the workplace.

He received the award for his work in pushing for proper consultation and representation in the Victorian education department. He was the key in the fight for separate Designated Work Groups for Allied Health members.

Earlier this year, he issued a PIN against the departmnent for failing to conduct OHS risk assessments on its decision to outsource assessments of school students with learning difficulties and disabilities. Source: CPSU media release 

Union complaint led to unlawful termination
Windscreen manufacturer Pilkington Australia was ordered to pay a $4,000 penalty plus $27,643 in compensation to an employee unlawfully sacked after complaining to his union about alleged bullying and harassment.

The Federal Court ordered the worker to be reinstated in a decision last month after finding the dismissal was unlawful under s659(2)(e) of the Workplace Relations Act. The worker was sacked for reasons that included retaliation for telephoning the CFMEU to complain of allegations of bullying and harassment by a manager.
Source: Workplace Express

Workers lucky to escape serious injury in scaffold collapse
Seven workers were extremely fortunate to escape serious injury after a scaffold and formwork collapse in Melbourne on 15 December.
The scaffold and formwork collapsed on Saturday morning in teeming rain while a concrete pour was happening.

Media reports described the workers “riding” the floor of the building as it collapsed five metres to the ground. Pat Preston from the CFMEU said it was a miracle that no-one was killed.  It is too early to say what caused the collapse, but WorkSafe and an independent engineer are conducting an investigation.

Cancer cluster fears for ACT and Qld firefighters
Recent cancer cases among firefighters have highlighted the increased risk of cancer in their industry.

The ACT government will investigate the high incidence of cancer among firefighters following revelations that six ACT firefighters had died in recent years due to cancer-related illness. And in Queensland health authorities are investigating a possible cancer cluster at the Atherton Fire Station in the state's far north with another six former and current staff diagnosed with various forms of cancer.

SafetyNet 129 reported on moves by the International Agency for Research on Cancer to list firefighting as a Group 2B - possible carcinogen.

In Queensland another former worker at the ABC's Toowong broadcast centre has been diagnosed with cancer, becoming the sixteenth staff member at the facility to contract cancer.

International Union News:

Brazil, ILO launch South-South cooperation against child labour
The Brazilian Government and the International Labour Organization (ILO)  have launched a major new initiative to strengthen the worldwide fight against child labour. The Memorandum of Understanding signed by Brazil and the ILO lays the foundation for South-South cooperation to prevent and combat child labour.
The Brazilian government also announced a programme to fight child labour in Haiti coordinated by the ILO’s International Programme on the Elimination of child Labour (IPEC).
Source: ILO Media release

Green jobs to outweigh losses from climate change
Climate change and the government and industrial response to it is creating millions of "green jobs" in sectors from solar power to biofuels that will slightly exceed layoffs elsewhere in the economy, according to a U.N. report.

Union experts at U.N. climate talks in Bali, Indonesia, said the findings might ease worries among many workers that tougher environmental standards could mean an overall loss of jobs for many countries.

"Millions of new jobs are among the many silver, if not indeed gold-plated, linings on the cloud of climate change," said Achim Steiner, head of the U.N. Environment Program (UNEP). "New research reveals that these jobs are not for just the middle classes - the so-called 'green collar' jobs - but also for workers in construction, sustainable forestry and agriculture, engineering and transportation," he said. Source: Reuters

South Africa: National mining strike puts safety on agenda

A national strike by South Africa's mineworkers has focused the attention on workplace safety in the country’s notoriously unsafe mining industry. Over 200 deaths have been recorded in mines in SA this year.

Over 200,000 miners are believed to have been involved in the action which has focused government and mining firms’ attention on the issue with both promising to work with unions to address safety issues. Source: Risks 336

UK: Floor collapses during health and safety meeting
A UK firm has been fined after an unsafe floor collapsed and trapped 21 employees - during a health and safety meeting. Two workers suffered broken bones after the floor, which had not been built to be load bearing, crashed to the ground below.

Three people in the room underneath escaped injury with moments to spare after noticing the ceiling bulging. Findel Education pleaded guilty to failing to ensure the health and safety of employees. They were fined $26,000 and must also pay the $40,000 costs of the investigation by health and safety officers.
Source: Risks 336

Resources
ILO SafeWork's online bookshelf
The International Labour Organisation (ILO) has revised its online health and safety resources to make them easier to access. The SafeWork Bookshelf is a collection of key occupational health and safety documents. It was compiled by CIS, the information arm of the SafeWork Programme, and includes the ILO Encyclopaedia of Occupational Health and Safety, International Chemical Safety Cards, ILO Conventions and Recommendations on occupational health and safety and ILO Codes of Practice.

Research

&%^#* Me! Swearing in the office is good for you

Foul language in the office creates a good team spirit, allows staff to vent frustrations and cements relationships, researchers say. A University of East Anglia survey of around 100 people in Britain and the US found that
employees use swearing on a continuous basis but not necessarily in a negative, abusive manner.

The research found swearing bans were bad for motivation and morale in most workplaces. Researchers described swearing as a social phenomenon used to reflect solidarity and enhance group cohesiveness or as a psychological phenomenon to release stress, as long as it was non-abusive.

They warned that abusive and offensive swearing caused stress and should  not be tolerated.

Speed kills in the transport industry
An Australian study has found that paying truck drivers by the job (instead of by the hour or week) leads to increased driver use of amphetamines and other stimulants, which is associated with increased risk for highway crashes.

Anne Williamson’s analysis of self-reported stimulant use among truck drivers found between “one in five and one in three drivers reported using stimulants at least sometimes” and “stimulant drug use was twice as likely for drivers who had the greatest problem in managing fatigue and was two to three times more likely for drivers paid on a payment-by-results or contingency-payment basis.”

Drivers whose income rises if the job is completed quicker have a very strong financial incentive to drive long hours non-stop. Which studies have shown can lead to increased stimulant use.
Research: Williamson A. Predictors of Psychostimulant Use by Long-Distance Truck Drivers.    Am. J. Epidemiol. 2007 166:1320-1326.
Source: The Pump Handle

WorkSafe News

Minister to review 1985 Workers’ Compensation Act

Victorian WorkCover Minister, Tim Holding, will conduct a review and update of the Accident Compensation Act 1985 to enhance support for injured workers.
The review will focus on a number of key areas, including:

• the benefit and premium regime when compared with other jurisdictions;
• ways to ensure the best possible support is provided to injured workers;
• ways to reduce the administrative and regulatory burden on Victorian business;
• the removal of inoperative, irrelevant and superfluous legislative provisions; and
• improving understanding of the accident compensation regime.

The independent review will be chaired by Mr Peter Hanks QC, an eminent constitutional and administrative lawyer and will report to the minister in the second half of 2008.
Source: Government media release  

Government announces two Yallourn mine inquiries
The Victorian government has launched two separate inquiries into the November Yallourn mine collapse. The northern wall of TRUenergy’s Yallourn mine collapsed on November 14 allowing the Latrobe River to flow directly into the open cut mine until a diversion was put in place.

Announcing the inquiries, the Minister for Energy and Resources, Peter Batchelor, said they would each separately investigate the facts and causes of what occurred and compliance with mining licence obligations.

The investigations should be completed in the first half of 2008.

The inquiries were announced in advance to changes in the administration of OHS responsibilities in mining which come into effect next year. From January 1, 2008, responsibility for administering OHS in mines and quarries will transfer from the Department of Primary Industries to WorkSafe Victoria.
Government media release

Useful Materials:

• From the VWA – a nail gun alert following a number of incidents 
• From the ASCC a Student Work Placement Guide [pdf], providing workplace health and safety advice for employers and educators, so they can prepare for work experience students.
• From Comcare:  Guidelines for Social Functions clarifies the duty of care of employers and the extent of workers' compensation coverage at employer-endorsed social functions and events. It points out, however, that each claim would be considered on its individual merits and according to its facts.

Young Christmas workers at higher risk

As the annual flood of young workers enters the workforce across the state in the lead up to Christmas, WorkSafe Victoria is calling on employers to ensure proper training and supervision is provided.
“Young Victorian workers between 15 and 25 have the highest proportion of work-related injury as well as a higher rate of hospitalisation than other age groups,” WorkSafe’s Executive Director, John Merritt said.
“Young and inexperienced workers are coming into the workforce in many areas, but particularly as shop assistants hospitality and warehouses.”
“They need a higher level of supervision than experienced people and should never be left alone to work.” New webpage for young workers.    And Young workers on OHS Reps website
Source: WorkSafe media release

686 Victorian WorkSafe reviews in 2007
A total of 686 Victorian WorkSafe inspector decisions were subject to review in 2006/07, according to statistics released [pdf] by the regulator's internal review unit. Of those, 540 applications for review related to compliance dates on improvement notices; 63 for other matters in improvement notices; 37 for prohibition notices; 25 for PINs and the rest were for inspectors refusing to make a decision. Sixty-nine decisions were affirmed, 29 set aside and 27 varied. Compliance dates were changed on 495 and eight requests for extensions were refused. Some 38 applications were withdrawn and 12 were found ineligible for review/not reviewable.
Source: Occupational Health News 764

Worksafe Prosecutions

Fine after elevator falls 8cm

An elevator company has been fined $50,000 after a lift in one of Melbourne's tallest buildings fell while a man was inside.

A chef working in the Sofitel Hotel was thrown to the floor when the lift he was travelling fell a short distance. The man believed the lift had fallen about 15 floors, but the court was told it fell just 7.8 centimetres.

However, the court also heard that Kone Elevators, which was responsible for maintaining the hotel's lifts, was aware of an inbuilt design fault in this particular type of lift but had not properly informed its maintenance staff.

Kone Elevators pleaded guilty in the Melbourne Magistrates' Court to one count of failing to take care of persons other than an employee. WorkSafe argued that employees were not given relevant material about the design flaw and were only briefed about it after the incident had occurred.
Source: WorkSafe Media release; The Age online

Fitness company guilty of not helping two injured workers
Belgravia Leisure Group pleaded guilty in the Ringwood Magistrates Court for failing to forward claims for compensation and prepare return to work plans for two injured workers. Two workers employed as a swimming instructor and a personal trainer at the company’s Melton and Oakleigh leisure and fitness centres were injured in 2006.

Both workers submitted compensation claims to the company at the time of the injuries yet the company did not forward these to their Authorised Agent until after the legally required period. One of the claims was submitted 54 days late.

Belgravia Leisure Group also failed to prepare a return to work plan for one of the workers until after his compensation claim was accepted. The second worker was never given a return to work plan. The organisation was fined $2,000 and ordered to pay costs of over $1,000 to WorkSafe Victoria.
Source: WorkSafe media release

Not so happy Christmas for ignoring WorkSafe Prohibition Notice

A string of safety breaches concerning working at a dangerous height has landed an Altona North company in court with a conviction and $30,000 fine.

Apollo General Engineering (Aust.) Pty Ltd pleaded guilty at the Sunshine Magistrate’s Court to failing to respond to a WorkSafe Prohibition Notice.
The company was also ordered to pay court costs of over $4,000.
Source: WorkSafe media release

TAFE gets two-year good behaviour bond
Gordon Institute of TAFE has been placed on a two-year good behaviour bond after pleading guilty to workplace health and safety charges. Apart from the bond, Gordon Institute of TAFE will report on the incident in its annual report, train staff and students in health and safety and introduce a register of students trained to use particular power tools.

A student suffered a serious injury to the hand while using power tools at TAFE. The TAFE prepared an internal incident report two days after the student was hurt, and a report for its insurer, but WorkSafe only heard about it when contacted by the student’s mother more than two weeks later.
WorkSafe media release

NSW: Experience no replacement for proper safety training
Employers must ensure workers are properly trained to comply with safe work systems, the NSW Industrial Court has said in rejecting an employer's argument that it misplaced reliance on its employee's experience.

In 2004, an employee of BrickMart (NSW) Pty Limited died after he was crushed under a fallen load of scaffolding. An employee from an associated company, Walsos, suffered bruising and injuries to his shoulder and arm.

At the time of the incident, the racking frames with the scaffolding cross-braces were being manoeuvred by a forklift in a shipping container. The load was lifted about 100mm from the container floor when it became unstable and toppled over.

The Industrial Court heard the employer knew the shipping containers bringing scaffolding from China were badly stacked and the racking frames inside were difficult to unpack. The company was fined $120,000.
Source: OHS Alert; Full ruling

International News

Another mining tragedy China

At least 105 mine workers were killed in China after yet another incident in the countries unsafe mining industry.

An explosion at the Xinyao mine in coal-rich Shanxi province on 6 December trapped workers underground. Casualties were exacerbated after the owners tried to launch their own rescue attempt without alerting authorities.

Mine bosses were criticised for leaving the scene as the rescue operation was underway. The mine had been inspected by local work teams only one month before the incident.

On average 13 workers die every day in China’s notorious coal mining industry where safety comes a long way second to quick profits.
Sources: The Age online, Risks 336 

Italy: Steel deaths prompt strike and safety call
Thousands of metalworkers downed tools and took to the streets of Turin on 10 December to protest against work-related injuries, after four workers died in a fire at a steel mill. The fatalities caused an outcry in Italy which has an industrial fatality rate above the European average.

Government ministers joined unions in calling for greater union participation in negotiating safety conditions. joint statement from national unions said: 'We demand full and regular participation of the authorities in controlling workplace health and safety, the enterprises should adopt all the norms and necessary measures for controlling workers' health and safety and be fully responsible for their application. One should work to live, not to die.'
Risks 336

Events

Training at Trades Hall

There will be a range of training courses available in the new year. Go to the training section http://www.ohsrep.org.au/training/index.cfm of the website to check the courses scheduled at the VTHC OHS Training Unit. 
 
Contact Judith Rodda on 03 9663 5460 (after January 16th)for more information either scheduled courses or what we can do for your workplace, and to enrol.