SafetyNet JOURNAL
SafetyNet Journal 140
Issue 140 - SafetyNet Journal 140
Welcome to SafetyNet Journal 140, your source of the latest news in OHS from Australia and around the world.Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Events
Union News
Activities and news for reps
ACTU OHS Conference commits to campaign for harmonisation
Union OHS leaders from around the country gathered in Melbourne last week to discuss the ongoing harmonisation process and committed to campaigning for the highest standards and rights for workers in line with the ACTU OHS Charter.
The conference also resolved that in the development of the national OHS laws the burden of proof must reside with the employer to ensure the health, safety and welfare of all workers and others affected by the employer’s undertakings. The meeting also called for the replacement body to the current Australian Safety and Compensation Council (ASCC) to be tripartite.
Federal Govt committed to harmonising OHS laws in Australia
Deputy Prime Minister and IR Minister Julia Gillard told the recent ACTU OHS Conference that the Federal Government is committed to the harmonisation of OHS laws in Australia. In her speech she outlined the benefits of harmonisation and guaranteed the process would not be a ‘race to the bottom’ on OHS standards.
She said that the government is committed to a process that focuses on cooperation between the states and commonwealth to ensure the highest standards of workplace safety for all Australians. The Deputy PM also said the review of Comcare was under way and a draft report of the review will be completed by the end of July.
Julia Gillard’s speech
at the ACTU Annual Occupational Health and Safety and Workers' Compensation Conference
ASCC replacement to be tripartite, operating by late 2008
The latest meeting of the Workplace Relations Ministers Conference agreed to replace the Australian Safety and Compensation Council (ASCC) with a body which will have tripartite representation and will be jointly funded by the Commonwealth, states and territories. The latest WRMC communiqué notes that legislation to establish the body will be introduced into the Federal Parliament in June to enable it to commence operations in the last quarter of 2008.
WRMC Communiqué
Former SA teacher gets $390k payout for excessive workload and bullying
A former school teacher in South Australia has received a $390,000 damages payout after ruling from the SA Supreme Court found he had been overworked and the victim of bullying and victimisation. The man had been asked to take on extra, unpaid duties whilst a teacher at Mt Barker High School and Brighton Secondary School.
He’d gone on sick leave in 2001 and eventually dismissed. Justice Tim Anderson found the SA education Department should have foreseen that the extra workload, even undertaken willingly, would have caused stress. He awarded $392,850 in damages for loss of past and future earnings as well as loss of reputation and dignity.
Workplace OHS
ACTU calls for 14 week paid maternity scheme for all women
The ACTU has called for a national paid maternity leave scheme which allows for a minimum of 14 weeks leave at full pay in its submission to the Productivity Commission inquiry. The fully costed model released by ACTU President Sharan Burrow would benefit families and save businesses tens of thousands of dollars every year in staff replacement and re-training costs.
The majority of working mothers (51 per cent) earn an average of $29,187pa and would be approximately $563.40 per week better off under the ACTU’s model. In total this scheme would cost the Australian government $518 million.
ACTU media release
Download the submission [
pdf
]
Ask Renata
How long is a rep’s term of office?
Under the 2004 OHS Act, the maximum term of office for a rep is 3 years, and the minimum is one year. However, this is the 'default' term of office, in that when the DWGs are negotiated, the term of office can be agreed to be less than the 3 years. There are a number of circumstances, eg if the rep is no longer in the DWG, when a person ‘ceases to hold office’ [S55(2)].
Once the 3 years are over, then there needs to be another election - and remember, it's up to the members of the DWG to decide how to do this, not the employer. The outgoing rep has the right to put her/his name forward once again for re-election. At the moment, there may be reps who have been in their positions for much longer, as there was no set term of office under the 1985 Act. As it has now been almost 3 years since the implementation of the 2004 Act, new elections will need to be held soon.
If you need help with running an election, or have any questions about term of office, eligibility or the role of your employer, contact your union or Ask Renata
New Poll online
New poll on the website –
Have you ever issued a pin? Take a moment to vote now.
Asbestos news
'Banton law' brings
Victorian asbestos victims will be able to seek greater compensation for their illnesses under new State Government laws which bring this state into line with the rest of the country. Currently in
Unions have hailed the move to allow sufferers to make a provisional damages claim. The legislation will be known as the Bernie Banton law, reflecting the tremendous contribution he has made to the fight for justice for asbestos victims.
“This is a good and decent thing for the Victorian Labor Government to do,”
said
“Unions have been at the forefront of the struggle over many years for justice for asbestos disease suffers and we hope the new law will end the ‘cap in hand’ approach to such compensation in the past”
“However, we also look forward to the timely and corresponding amendment to the Victorian Administration and Probate Act 2000, so that dependants, such as widows, can not be financially penalised if their loved one dies from an asbestos related disease prior to full settlement of a claim”, added Mr Boyd.
The Age online
OHS Reps – Vale Bernie Banton
AWU launches largest ever single-site asbestos survey
The Australian Workers’ Union (AWU) has organised the largest asbestos survey and research program to ever be undertaken at a single work site in
The joint survey between the AWU and Cement
The research will be conducted by some of
Scientists call on Canadian government to release asbestos study
Canadian asbestos campaigners are calling on their government to release a report on the cancer risks of asbestos. Two internationally recognized experts who contributed to the report are appealing to the federal health minister to make it public. Asbestos disease advocates and unions are concerned the government is sitting on the report and may use it to justify retaining the country’s asbestos industry.
The federal agency hired seven scientific and medical experts from around the world last November to examine the risks posed by chrysotile asbestos. The report was handed over in March but has not been sighted since. There are concerns that the government and supporters of
CBC news OHS Reps – Tell
Canadian Labour congress wants compensation for miners
The Canadian Labour Congress will allow delegates to its annual convention in
Michel Arsenault, president of the Quebec Federation of Labour, in February convinced his colleagues at the Canadian Labour Congress not to call for a ban on asbestos mining until after the Health Canada study was completed and made public.
National Gallery of Australia cancer cluster study
A cancer cluster study at the National Gallery of Australia in Canberra has attracted only limited support from staff. Only 58% of workers have agreed to take part in the study, begun after concerns were raised about the air conditioning system eight years ago. A draft report on the study is due by July, over a year since the study was first proposed. NGA executive officer Alan Froud has blamed delays on the difficulty of clearing information from cancer registries in various state jurisdictions.
ABC online
OHS Reps
Occupational Cancer Campaign
TWU launches Transport Workers safety campaign
The Transport Workers’ Union of Australia has launched a new safety campaign for Transport Workers. The objectives of the TWU’s Safe Rates and Safe Conditions campaign include:
- the achievement of safe rates and safe conditions along all parts of government and retail supply chains
- the achievement of safe rates and safe conditions for all employees and owner drivers
- the inclusion of safe rates and safe conditions in all public and private procurement practices
- the achievement of community, government, and industrial support for safe rates and safe conditions
- the achievement of legislative and regulatory outcomes which reflect the unique experience of workers in the transport and logistics industry and meet the requirements for safe rates and safe conditions.
Tony Sheldon, Federal Secretary of the Transport Workers’ Union said: “National figures show 228 people died in heavy vehicle accidents in Australia in the year to July 2007 and the loss of life needs to stop.”
TWU Media Release
Other news
Government announces review of ABCC
The government has announced a review of the Australian Building and Construction Commission (ABCC) to be conducted by former Federal Court Judge, Murray Wilcox. The government will replace the ABCC with a new body called the ‘Specialist Division’ to be set up under Fair Work Australia.
IR Minister Julia Gillard has promised the review will undertake extensive consultation before setting up the new body. Unions have been highly critical of the powers of the commission, formed by the previous government. The ABCC has extraordinary powers to compel witnesses and invoke jail time for failing to appear before it and threatens enormous fines for individuals for stopping work for any reason, even serious safety concerns.
CFMEU Media Release
VTHC Building Industry Taskforce
Crane fall injures driver at Melbourne Uni
A crane fell five storeys with the driver inside while working on a Melbourne University building site in Carlton. The 27-year-old driver was lucky to escape serious injury when the crane collapsed, hitting another crane before coming to rest only metres above the ground. WorkSafe is investigating the incident.
The Age online
Safety at risk from trucking company push to Comcare
The push by several major trucking companies to leave State workers’ compensation systems combined with poor wages in the industry, particularly in the non-unionised sector, could worsen safety standards for drivers says the ACTU.
Unions are calling for the Rudd Government's new industrial relations laws to protect safe rates of pay and conditions for all truck drivers and ensure driver safety is maintained and improved.
ACTU media release
Overseas Union News
UK TUC launches mental health guide
A new TUC guide intended to help employers and unions support people with mental health problems at work can be downloaded online. Mental distress and ill-health in the workplace is widespread and the guide offers simple steps including prevention and early identification of mental-health problems as ways promote well being.
TUC news release . Representing and supporting members with mental health problems at work [ pdf ] Risks 357
Global: Using the net to expose Grupo Mexico's worker abuses
Multinational firms who behave badly have gotten used to being able hide their abuses unseen from prying eyes. The globalised world of information is increasingly making this harder and unions in particular are using the internet to expose wrongdoing and focus campaign action.
In the latest example, the United Steelworkers union (USW), which organises workers in the US and Canada, has created a website to expose the business practices of Grupo Mexico. The massive Mexican conglomerate has this year victimised workers taking action against appalling health and safety standards in one of the world's largest copper mines. The new webpage will educate the public about Grupo Mexico's conduct regarding its workers both at home and abroad, as well as examining other impacts like damage to the environment and the way the company conducts its business.
USW website –
The record speaks for itself
Latest Hazards online now
The latest issue of TUC’s Hazards magazine is available now. This is a fantastic OHS resource and a must for anyone serious about workplace health and safety.
Hazards magazine, issue 102
Research
Nanotubes behave like asbestos
New research points to some forms of carbon nanotubes having asbestos-like properties. The study, published in Nature Nanotechnology, suggests that carbon nanotubes may be as harmful as asbestos if inhaled in large enough quantities.
Carbon nanotubes are the wonder-material of the nanotech industry and promise to be used extensively across industry throughout this century. The study examined the pathogenicity of the materials in mice and found that some types of the nano fibres can promote an immune reaction similar to that of asbestos. The study showed that mesothelioma and other asbestos-related diseases could result.
Researchers still do not know if carbon nanotubes can become airborne and be inhaled in significant quantities or if they are able to penetrate the sensitive outer lining of the lung. The study does show that if they do get there they can be extremely harmful.
Carbon nanotubes introduced into the abdominal cavity of mice show asbestos-like pathogenicity in a pilot study; Craig A. Poland, Rodger Duffin, Ian Kinloch, Andrew Maynard, William A. H. Wallace, Anthony Seaton, Vicki Stone, Simon Brown, William MacNee & Ken Donaldson; Nature Nanotechnology; 20 May 2008 | doi:10.1038/nnano.2008.111[
Abstract
] Detailed article with interview with study author -
Nanotech Project
OHS Reps page on
nanotechnology
PBDE exposure link to time in cars
The air inside some new vehicles can have very high concentrations of PBDE flame-retardants, banned in some countries, and increase the exposure risk significantly. PBDEs (Polybrominated diphenyl ethers) have been linked to toxicities of the liver and thyroid and may have a neurodevelopmental toxicity.
The European research suggests that some similar compounds which are not banned may contain elements of the banned formulations and could invite future restrictions on their use.
Chemical and Engineering News, 26 March 2008
WorkSafe News
Dial Before You Dig
Dial Before You Dig and WorkSafe Victoria are calling on plant operators and tradesmen to reduce the risk of injury by checking on the presence of underground infrastructure before they begin work. Dial Before You Dig is a free referral service used by professional contractors, underground asset owners (e.g. gas, water, electricity and data cabling) and individuals undertaking excavation.
Given two clear working days notice of a work-site location, Dial Before You Dig provides information on the presence of underground assets. Dial Before You Dig is a national not-for-profit association of member companies that own underground assets. It was established to provide a free one-stop referral service in the interest of greater public safety and the reduction of damage to underground assets.
Dial 1100 or logon to www.dialbeforeyoudig.com.au
WorkSafe Seminars
OHS, Return to Work and Premium in Your Workplace
WorkSafe Victoria is offering free information sessions on managing health and safety, understanding workplace injury insurance and assisting injured workers. Sessions are being held at a range of venues across the State.
Resources
Working safely on the waterfront – [ pdf ]
Working safely with containers [ pdf ]
This handbook provides guidance to help identify practices that eliminate or reduce risk specific to working with containers in the stevedoring industry.Working safely with general cargo – steel products [ pdf ]
Handbook provides guidance to help identify practices that eliminate or reduce risk specific to working with containers in the stevedoring industry.What prohibits a person from accessing live parts?
Energy Safe Victoria (ESV) has released advice for various industries relating to whether their non-licensed employees are able to access electrical switchboards or control panels, which may contain live parts.
ESV has directed people to the Australian Standard AS/NZS 3000:2007 - Wiring Rules for clarification.
ESV advice [ pdf ]Qld: Safety Alert - Edge Protection on stairwells, balconies and walkways
Prompted by a 2002 fatality, this safety alert focuses on edge protection.
Worksafe Prosecutions
Company committed to trial over severe brain injury
Warehouse and freight operator, Asixa Pty Ltd, was committed to stand trial in the Melbourne County Court over an incident in 2006. An employee of the firm sustained severe brain damage as a result of being crushed by 700kg crate of glass while operating a forklift.
The 21-year-old worker suffered severe brain damage in the incident leaving him permanently disabled. The case will be heard in the Melbourne County Court on 17 July 2008.
International News
Bhopal victims win support from government
Bhopal gas disaster activists won an important concession from the Indian Government this week with the establishment of a commission to carry out medical, economic, social and environmental rehabilitation of victims. The decision comes after 27 survivors of the 1984 gas explosion were arrested last week for chaining themselves to the fence of the Prime Minister’s New Delhi residence.
The Bhopal gas disaster was the world’s worst industrial accident, claiming thousands of lives at the time and thousands more in the years after. So far the companies responsible, Union Carbide and parent corporation Dow Chemicals, have done little to compensate victims or clean up the heavily contaminated site. Activists are hopeful the recent government decision will open the way on legal action against the company and its directors.
Times of India
Read more on
Bhopal
101 solutions to the cancer epidemic
A new Canadian book,
'Cancer: 101 solutions to a preventable epidemic', shows how you can stop cancer by eliminating the carcinogens in your home, your school, your community, and your workplace and how you can work with others to make the world safe for yourself and your children.
The book is not an occupational cancer prevention guide, it is a cancer prevention guide. But many of the major causes - air pollution, pesticides on food, chemicals in water - all start in the workplace and make for a double dose for many workers, at home and at work. As unions worldwide campaign to banish occupational cancer risks from the workplace, this is a useful, accessible and sympathetic book worthy of a place on any safety rep or union official's book shelf.
Cancer: 101 solutions to a preventable epidemic
, Liz Armstrong, Guy Dauncey, and Anne Wordsworth. ISBN 978 0 86571 542 4. New Society Publishers, Canada.
Risks 356
Events
LASNET Solidarity Night
The Latin American Solidarity Network collective (LASNET) is holding a Dinner and Solidarity night "Dinner Latina", Friday May 30th, at the Maritime Union Hall “MUA” in 54 Ireland St. West Melbourne, at 7pm. Call Marisol Salinas on 9481 2273 or 0413 597 315 for more information.
Training at VTHC
The OHS Training Unit has a range of courses coming up in 2008. Check out the training page of the website for all the latest news and sign up for courses.
Contact Judith Rodda on 03 9663 5460 for more information on scheduled courses or what we can do for your workplace, and to enrol.
Initial 5-Day Metropolitan (for Elected OHS Reps under the Victorian OHS Act - this course is approved by the VWA under Section 67)
June 11, 12, 13, 26, 27 Health Services Carlton
June 16 – 20 Initial Frankston
July 14 – 18 Initial Carlton
July 21 – 25 DEECD Carlton
Course hours: 9am - 5pm. Course fee $620.00
Initial 5-Day Country
July 7 – 11 Initial Shepparton
Course hours: 9am - 5pm. Course fee $650.00
Comcare 5-Day OHS Reps Course (for Elected OHS Reps under the Comcare Act)
July 28 – August 21 Carlton
Course hours: 9am - 5pm. Course fee $650.00
2-Day Metropolitan
This 2-day course is an overview designed for managers, supervisors and committee members. It is NOT a replacement for the VWA approved 5-day training for elected reps.
July 24 – 25 Carlton
Course hours: 9.30am - 4.30pm. Course fee $350.00
1-Day Refresher
The Refresher course is approved by the VWA under Section 67 of the Victorian OHS Act 2004 for elected reps and deputies.
June 23 Legislative Update Carlton
Course hours: 9am - 4.30pm. Course fee $180.00
Go to the 2008 Training program page to download an application form.
Return to Work Unit Training
The VTHC Return to Work Unit provides free training to workers and their representatives and includes practical tools, information and advice about injured workers’ rights to return to work.
For more information on training at the RTW Unit go to the website.