Issue 148 - SafetyNet Journal 148
Welcome to SafetyNet Journal, your source for the latest in local and international OHS news and campaigns. In this edition: Register Now for the OHS Reps Conference; contaminated uniforms leave a nasty smell; Qantas maintenance workers surveyed; James Hardie directors escape prosecution, and more OHS news from Australia and around the world.Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Union News
Activities and news for reps
Register for WorkSafe Week VTHC Reps Seminar
Register now for the year’s biggest event in OHS, the VTHC Reps Seminar, to be held in WorkSafe Week in October. The eighth annual OHS Representatives Conference, 'Time to deliver the highest OHS standards' is being held on Thursday October 30 at the Melbourne Exhibition and Convention Centre. Highlights this year include special guest members of the OHS Legislation Review panel; workshops and more.
Remember, all elected Health and Safety Representatives are entitled to attend on paid time and the conference is free. You must give your employer at least 14 days notice of your intention to attend.
Register now
National Review update:
OHS reps has a new campaign section on the need to deliver the best possible OHS laws. The National Review panel is due to deliver its recommendations on the priority issues of duty of care, nature and structure of offences on October 31. We need to work to ensure the best possible standards are delivered for all Australian workers.
It’s Time to Deliver Time to Deliver Kit
Union seeks recall of contaminated uniforms as company stalls
Workers at energy supplier Ergon Energy have been exposed to contaminated uniforms that have left some people with rashes and itching. The workers’ union also reported that strong fumes, emitted when ironing the uniforms, had caused some people to vomit. The ETU has called on the company to immediately recall all 14,000 uniforms to ensure the safety of workers. The union says the company has refused to agree to terms of reference of an investigation into the cause of the reaction. Further, the union has fears that the company is seeking to cover up the problem. Initial test found elevated levels of methanol, butanol and methyl chloride. The uniforms were made in China but supplied by Australian company Jeminex's subsidiary Noble Agencies.
News report
Senate inquiry into abolition of ABCC
A Senate Committee will look into the legislation that proposes to abolish the controversial Australian Building and Construction Commission after Greens Senator Rachel Siewert introduced a private members bill to repeal the 2005 Act introduced as a result of the Cole Inquiry. The new bill, The Building and Construction Industry (Restoring Workplace Rights) Bill 2008, aims to restore the rights of construction workers that were lost under the Howard Government and which the current ALP Government has been loath to address.
The Standing Committee on Education, Employment and Workplace Relations will report by 30 November. Closing date for submissions is 10 October.
Rachel Siewert Senate Inquiry Page - APH Rights On Site
Ask Renata -
If a rep has to attend an OHS related meeting outside his or her normal hours of work, what’s the situation with pay?
Section 69(d) of the OHS Act states that the employer must allow a representative for the DWG to "take such time off work with pay as is necessary or prescribed by the regulations for - (i) exercising his or her powers under this Part..” WorkSafe’s Employee Representation guide makes it clear (p33) how this should work:
"The guiding principle is for the HSR not to be disadvantaged in any way for taking on the role of HSR. WorkSafe's position on payment is that the HSR, when exercising their powers as an HSR or performing any of the functions the OHS Act gives them, must be paid as if at work, including shift or other allowances to which an employee is entitled."
Read more
Do you have an OHS-related query? If so, Ask Renata
Ambos attack sparks safety calls
The Victorian ambos union is calling for paramedics to be armed with capsicum spray after a recent attack in suburban Melbourne. Two officers were attacked after being called to a job and one was punched in the face before his attacker was restrained. Police eventually subdued the man with pepper spray.
Ambulance Employee Association Secretary, Steve McGhie, said paramedics need better protection and arming officers with capsicum spray should be considered.
ABC news Violence - Ambulance Officers' Union Guidance
Union concerned about paramedic drug exposures
The ambulance union is calling for a commonly used pain killer to be assessed for potential risks to paramedics. Union secretary Steve McGhie said he had written to Ambulance Victoria asking for a risk assessment into penthrane. The paramedics usually use penthrane as an initial method of pain control, before morphine. But the union says it has been banned in America due to concerns it may be carcinogenic, and it is also no longer used by West Australian paramedics. 'We're requesting it be removed until a risk assessment is done,' Mr McGhie said. While he said it posed no risk to patients due to the small amount of dosage received, it was a danger to paramedics, who were regularly inhaling escaped fumes. 'In recent times there's been a number of paramedics struck down with cancerous type illnesses who have hit the 20-year mark or more. We think it's too much of a coincidence.'
The Courier OHS Reps – Occupational Cancer Resources
ANF calls for nominations for the 2008 Health and Safety Rep of the Year Award
This annual $1000 award is presented to an ANF Health & Safety Representative who has pursued occupational health and safety outcomes and has been dedicated to obtaining and maintaining a safe and healthy workplace. ANF members are encouraged to nominate an HSR (elected under the OHS Act 2004) who has demonstrated outstanding achievement and commitment to occupational health and safety in the workplace. Nominations close 7 November 2008.
ANF Vic
Union survey blasts Qantas on safety
Maintenance workers believe off-shoring, contracting out and cost-cutting by Qantas is impacting on maintenance standards. According to a new poll of 200 AMWU members across worksites in Sydney, Brisbane, Tullamarine and Avalon, 83% are worried about safety of Qantas aircraft due to staffing pressures and off-shoring.
The survey follows an embarrassing series of maintenance problems and aircraft delays in recent weeks — including one case where an oxygen cylinder blew a hole in aircraft’s fuselage during a flight. The union survey found 69% said work had to be rechecked more often, 67% agreed work had to be redone before it met standards, and 62% believed corners were being cut. Only 29% of workers had faith that management understood issues relating to safety and staffing.
AMWU news release
Queensland Health investigates high school cancer cluster
Tests will begin at a south-east Queensland high school to see if there is a cancer cluster following revelations that there have been a number of different types of cancer diagnosed among former and current staff at the school in recent years. Eleven staff at the Deception Bay High School have cancer, with three teachers being diagnosed with breast cancer since November 2007.
Education Minister Rod Welford said the department would work with Queensland Health to conduct a preliminary assessment of the incidences of cancer amongst staff. He said if there is any evidence that identifies that further environmental investigations are warranted, then an environmental site assessment or other workplace monitoring will be undertaken.
There are approximately 113 staff currently working at the school.
ABC news OHS Reps - Zero Occupational Cancer Campaign
Hospital attacks rise in NSW
Physical attacks on NSW hospital workers have increased by 50% in the ten years to 2006 and there has been a significant rise in attacks by mentally ill patients in that period. The report by the NSW Bureau of Crime Statistics and Research found that reported attacks per year had increased from 214 to 322 from 1996 and the most striking revelation was the 65% increase in attacks by mental health patients who were now responsible for almost 32% of assaults.
The provision of mental health services has been a significant issue in NSW in recent weeks with complaints of assaults on staff and a number of key resignations blamed on frustrations within the health network.
SMH OHS Reps – Hazards: Violence at work
Asbestos news
Dust
Dust is a moving performance paying tribute to asbestos disease sufferers and their stories. Featuring songs composed and performed by Mark Seymour with a choir of 60 vocies. There will be five shows in Ballarat and five in Melbourne.
The Ballarat season opens Tuesday 30 September at the mining Exchange, Lydiard St North, Ballarat. Tickets - Adult $22, Conc $17, Bookings on 5327 8614.
The Melbourne season commences Friday 28 November at the Williamstown Town Hall 104 Ferguson St Williamstown. Bookings on 9932 2001.
James Hardie execs won’t face criminal charges
Asbestos disease sufferers and campaigners are disappointed that no criminal charges will be laid over the James Hardie asbestos compensation scandal. This follows a decision by Australian Securities and Investments Commission (ASIC) and the Commonwealth DPP to not pursue charges against directors of the company. The matter was under criminal review due to the underfunding of the asbestos diseases trust to the tune of $1.5 billion, part of the convoluted and dubious measures the company took to shield itself from exposure to asbestos litigation and insurance claims. A compensation deal with the company was worked out by unions and advocates, but questions have remained over the directors’ conduct. A civil case begins on September 29 against 10 former directors and executives.
SMH OHS Reps page - Asbestos Awareness
GARDS newsletter online now
The latest edition of the GARDS newsletter is available from their website now [pdf].
UK: Asbestos condition 'is a good thing' outrage
The international insurance industry is again under the microscope in its response to asbestos disease after an industry representative suggested that the asbestos-related condition, pleural plaques, was ‘a good thing’ to a parliamentary inquiry in Scotland. Dr Pamela Abernethy, of the Forum of Insurance Lawyers, gave evidence to the Scottish parliament arguing against a bill that seeks to overturn a controversial House of Lords ruling ending compensation for the lung-scarring condition.
She said 'The consensus is that pleural plaques are simply the body's physiological response to the presence of foreign fibres.' She added: 'My submission is that plaques are a good thing, they don't cause harm. These plaques are markers of exposure to asbestos.'
The trade union Unite accused the insurance industry of fighting a 'virulent' campaign against recognition of pleural plaques. Pleural plaques are brought about by exposure to asbestos. It is the 'calling card' for the development of more serious and terminal asbestos-related illnesses.
Risks 372
US: Bill tabled to ban asbestos
The Asbestos Disease Awareness Organization (ADAO), the largest asbestos support group in the US has applauded the US House of Representatives for introducing critical legislation that will help stop exposure to the lethal asbestos mineral. The bill will amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products and help fuel public education programs.
Studies estimate that during the next decade, 100,000 victims in the United States will die of an asbestos related disease - equalling 30 deaths per day.
ADAO news release ADAO website
Nanotech news
Knowing nano dangers increases public concernNew research has found that engaging the US public in critical discussions about nanotechnology can increase people’s concerns. A new study by researchers at North Carolina State University has found that providing members of the public with information about nanotechnology and then supporting them in structured discussions about it, causes people to become more "worried and cautious" about the technologies. People also became more concerned about emerging converging technologies, for example that could be used in 'human enhancement' applications, such as using nanotechnology to improve therapies for injuries and degenerative diseases.
Prior to the deliberation, 82 per cent of the participants were at least somewhat certain that the benefits of the technologies outweighed the risks – but that number dropped to 66 per cent after the deliberation.
TechJournal South
International Union News
UK: Overwork and stress top concerns for workers
Overwork and stress are the top problems facing workers, according to new research from the UK’s TUC. The 'What workers want' report is based on an extensive YouGov poll of more than 2,500 people at work in Britain, and identifies safety as both a top three concern and an action priority. The research looked at all aspects of work, and found the most pressing problems in the workplace is increased workload, identified by 46 per cent of respondents, equating to 11 million workers nationwide.
Risks 372
UK: Unions reach Olympic agreement
London 2012 Olympics organisers and UK unions have agreed to continue to work together for a safe Olympic and Paralympic Games with fair employment practices and good industrial relations. While not legally binding, TUC says the principles form the basis of positive partnership between the TUC and the organisations delivering London 2012 on areas such as training, equality, health and safety and fair employment standards.
Risks 373
Research
S*xual harassment more likely in casual jobs
An Australian study has revealed that women employed in casual and contract jobs are up to ten times more likely to experience unwanted s*xual advances than those in permanent full-time positions.
University of Melbourne researchers examined the likelihood of s*xual harassment in different types of employment. The study found that people who are employed in casual jobs are about five times more likely to be subjected to unwanted s*xual advances. It also revealed that people in contract positions are about ten times more likely to be s*xually harassed at work. Almost 80% of those who experienced s*xual harassment at work were women.
Associate professor Anthony LaMontagne said the study is important new evidence, because precarious employment has been associated with a variety of adverse working conditions as well as with poorer mental and physical health and the findings suggest that workers in precarious employment arrangements need much greater protections. The research was presented at the 5th World Conference on the Promotion of Mental Health and the Prevention of Mental and Behavioural Disorders in Melbourne recently.
Source: Workplace OHS
Noisy work linked to hypertension
A Canadian study has confirmed that noisy work environments increase the incidence of high blood pressure in workers. Researchers from the University of British Columbia analysed 10,872 sawmill workers from 1991 to 1998. Cases were males who died, had at least one hospital admission, or who had three doctor visits within 70 days, for hypertension. High blood pressure is a known risk factor for stroke and heart disease.
They used four exposure metrics: cumulative exposure, and duration of exposure above thresholds of 85 dBA, 90 dBA and 95 dBA. The study found an increase in hypertension incidence with cumulative exposure in 828 cases.
The risk in the highest exposed population was 32% higher than baseline averages. Of concern to unions, the number of successful hearing loss workers’ compensation claims has been growing in Victoria.
Source: Workplace OHS
Social inequalities in cancer mortality in France confirmed in a new study
A team of researchers has investigated social inequalities in cancer mortality and their changes over time in France.
Their findings were published on 2 September by the French Institute for Public Health Surveillance. They show large social inequalities among men, especially for upper aerodigestive tract (UADT) and broncho-pulmonary cancers. Social inequalities were less pronounced among women, but were nevertheless observed for cancer of lung, uterus and stomach.
The strongest increase in socioeconomic inequalities over time was observed for UADT cancers in the male population. Among women, higher breast cancer mortality was found among higher educated women in the 1970s. This association progressively weakened and no association remained in the 1990s.
HESA news release
Bisphenol A once again under fire
The National Toxicology Program (NTP), part of the U.S. Department of Health, has released its final report on the safety of bisphenol A (BPA), a chemical able to mimic the s*xual hormone estrogen in living things.
The NTP’s report reveals there are “some concerns” for effects on the brain, prostate gland and on behaviour in foetuses, infants and children; “minimal concern” for effects on the mammary gland and an earlier age for puberty for females in foetuses, infants, and children and for reproductive effects in adults who work with BPA; and “negligible concern” for foetal or neonatal death, birth defects or reduced birth weight and growth in babies born to women exposed to BPA during pregnancy and also for reproductive effects in adults who don't work with BPA. Another study also found a link between concentrations of BPA and an increased prevalence of cardiovascular disease, diabetes, and liver-enzyme abnormalities.
HESA news release Herald Sun news
High PCB exposure tied to diabetes risk
According to a new study by researchers at the National Taiwan University, people who have been exposed to high levels of toxic polychlorinated biphenyls (PCBs) may face an elevated risk of type 2 diabetes. The ?ndings come from a long-term study of Taiwanese adults who, in the 1970s, had been poisoned by cooking oil contaminated with PCB pollutants. PCB’s were once used to produce products ranging from ?uorescent lights and appliances to insulation and insecticide and were banned in the late 1970s due to their carcinogenic nature and related health hazards. However, they remain persistent in the environment. During the study, Dr. Yueliang Leon Guo and colleagues examined the incidence of type 2 diabetes among 378 Taiwanese “oil disease” victims and 370 of their neighbours who had not been poisoned. They found that women who had been exposed were twice as likely as other women to develop type 2 diabetes over 24 years. In addition, women who had been most severely affected by the PCB exposure had a more than ?ve-times higher diabetes risk. In contrast, no increased risk was observed for men.
Reuters
Australian study finds Red Bull lifts stroke risk
A new study by Australian medical researchers has discovered that just one can of the popular stimulant energy drink Red Bull can increase the risk of heart attack or stroke, even in young people. The results showed that the caffeine-loaded beverage, caused the blood to become sticky, a pre-cursor to cardiovascular problems such as stroke. “One hour after they drank Red Bull, (their blood systems) were no longer normal. They were abnormal like we would expect in a patient with cardiovascular disease,” said Scott Willoughby, lead researcher from the Cardiovascular Research Centre at the Royal Adelaide Hospital. Linda Rychter, spokeswomen for Red Bull Australia said the report would be assessed by the company’s head office in Austria.
Reuters
WorkSafe News
Compliance Codes released
WorkSafe has released new compliance codes intended to provide practical guidance to those who have duties or obligations under the OHS Act. They aim to provide easy to understand information on how to comply with the Act.
The eight compliance codes are: Communicating health & safety across languages; Workplace amenities and work environment; Confined spaces; First aid in the workplace; Prevention of falls in general construction; Foundries; Management of asbestos in workplaces; and Removal of asbestos in workplaces.
Compliance Codes
WorkSafe Week
Apart from our Conference, there are many other events around Victoria reps and workers will be interested in. Go to the WorkSafe website for information and registration for events across Victoria from 27 – 31 October.
WorkSafe Week website
Released for Public comment
WorkSafe Position - Employing or engaging a suitably qualified person. This will affect persons working in Victoria and their ongoing recognition to work as an OH&S Service Providers. This WorkSafe Position provides definition around what ‘suitably qualified’ means.
Forum on helping employers in Melbourne’s south support older workers
WorkSafe is hosting an interactive forum next Tuesday 23 September aimed at helping employers in Melbourne’s south and south eastern suburbs better understand how they can safely return mature-aged workers back to work after injury or illness. The session will provide local employers and Return to Work Coordinators with information about ways in which they can safely return older workers to the workforce, including strategies that can help reduce the risks of injury and improve the timeframes for return to work.
The Southern Employer Return to Work Network will be held on Tuesday 23 September at 2.00pm at Quality Inn Baton Rouge in Rowville.
VWA news release
New WorkSafe Public Sector newsletter
WorkSafe has launched a new public sector OHS newsletter, Making It Public. The free monthly newsletter offers the latest health, safety and injury management news and information in the Education, Emergency Services (including Police), Government & Public Administration and Health & Community Services industries.
Making It Public
Useful materials:
OHS in schools - A practical guide for school leaders
A 24 page handbook that details common safety issues for schools and provides simple and helpful suggestions on how to manage safety within a school setting.Prevention and management of aggression in health services - A handbook for workplaces
This handbook provides a framework to identify, prevent and manage aggression and violence in health industry workplaces. Based on risk-management processes, effective consultation, documentation monitoring and evaluation, this handbook will help health services establish and maintain an effective workplace aggression and violence prevention and management program.
Worksafe Prosecutions
Education Department to stand trial after students hurt by machines
The Department of Education has been committed to stand trial on five workplace health and safety charges after a contested committal hearing that began on 2 September. The matter is listed for case conference at the Bendigo County Court on 3 December.WorkSafe laid charges in relation to two separate prosecution cases involving unguarded machinery at Kangaroo Flat and Kyneton Secondary Colleges on 4 September 2005 and 14 October 2005 respectively.
The students suffered injuries to their fingers while using a pedestal grinder in a school workshop. The Education Department has been charged under the Occupational Health and Safety Act 2004.
The current maximum fine exceeds $1m per charge
VWA media release
International News
China: Safety chief – “There is corruption behind every mine disaster”
Details have emerged about the deadly collapse of a reservoir holding illegally deposited iron ore tailings in Linfen, Shanxi Province where the death toll has reached over 250 people. The pond was one of thousands in the country believed to be in a dangerous state. State media reports that relatives of the dead will reportedly receive 200,000 Yuan (29,215 U.S. dollars) each as compensation but so far only 38 bodies have had their identities confirmed. A total of 1,047 have been displaced by the mud-rock flow.
The mine was operating illegally and the reservoir of ore waste had collapsed, sending mud and rocks pouring down the hillside into a busy market and engulfing a building holding a weekly meeting of some 100 mining personnel. Only three of whom have been found alive. China has the world's deadliest mining industry with thousands killed every year.
ITUC news release Working Conditions
US: OSHA cites contractors over fatal NYC crane collapse
OSHA issued citations to three contractors with proposed penalties totalling US $313,500 for alleged violations of safety standards after investigating the catastrophic March 15 collapse of a tower crane in New York City that killed seven people. The accident took place at 303 E. 51st St. in midtown Manhattan.
Cited were Rapetti Rigging Services Inc., the crane’s erector; Reliance Construction Group, the project’s general contractor; and Joy Contractors Inc., the project’s concrete and superstructure contractor. Rapetti was cited for alleged problems associated with rigging the crane and lack of fall protection, while Reliance and Joy were cited for lack of fall protection, fire protection and other hazards unrelated to the crane collapse
Occupational Hazards
US: OSHA penalties whittled down – safety the real price
An investigation of high-profile fines issued by the US health and safety regulator OSHA has revealed that, on average, infringing companies are able to reduce their fines by 65%. They do this through negotiations with OSHA and aggressive legal strategies and court cases that can take decades to resolve. The tragic side effect of this is that employers are not required to abate potentially dangerous situations until the case has been decided. Under pressure to ensure safety standards are met, OSHA says it is often forced to bargain down on fines to have any hope of fixing the outstanding safety problem. But unions and labour advocates ask what the incentive is for companies to fix hazards when they know that fines are relatively light and can be negotiated down in any case. They are also critical of the pollicised appointments to the Occupational Safety and Health Review Commission which oversees OSHA.
US: Second consumer popcorn lung case
A second US man may have developed 'popcorn lung' as a result of microwave cooking and consuming bags of popcorn. Larry Newkirk has been diagnosed with the sometimes fatal lung disease called bronchiolitis obliterans. The disease, which can often be treated only with a lung transplant, has been diagnosed in scores of workers in US factories where a chemical butter flavouring called diacetyl is used. Earlier this year, Hazards magazine revealed the first UK victim of the disease. Martin Muir was stricken with the disorder after working in a Yorkshire food flavouring factory (Risks 345). Newkirk is the second consumer in the US to be diagnosed with bronchiolitis obliterans, although other home users of popcorn are undergoing medical evaluation at this time. 'I just loved popcorn, and I would eat four to six bags a day,' Newkirk told the Seattle Post-Intelligencer, 'especially the ones with lots of butter that taste like you're going to the theatre.'
Risks 373 Seattle Post Intelligencer