Issue 150 - SafetyNet Journal 150
Welcome to SafetyNet Journal, your source for the latest in local and international OHS news and campaigns. In this edition: SafetyNet turns 150; Reps Conference – Don’t miss out!; Hanks Review gets reviewed; Brumby apologises for asbestos; and WorkSafe ads fail young workers.Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Events
Union News
Activities and news for reps
SafetyNet turns 150! Now, we want to hear from you
SafetyNet has reached a milestone! This is the 150th edition. There have been a few changes since we started, both to the format and the personnel.
The first few editions didn’t look anything like this, and were sent out from the ‘old’ website. We think the journal’s great, and try to get as much useful information out to HSRs and others interested in OHS. We often get positive comments from our subscribers. If you’ve got an opinion, or if you’ve achieved good things at your workplace you’d like others to know about, send a comment in to ohsinfo@vthc.org.au. We know that there is great work being done by OHS Reps every day. Now we want to hear your stories.
Have you registered for VTHC OHS Reps Conference?
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. Featuring guest members of the OHS Legislation Review panel plus workshops and discussions, this is the biggest event on the OHS calendar and a great opportunity to meet other reps. The conference is almost upon us but we are still accepting registrations so go to the website and register now!
Learn more and register
National Review update:
SafeWork Australia setup changes rushed through Senate
Unions and employer groups have forced changes to the setup of SafeWork Australia, the new body to replace the ASCC. The Greens and Opposition worked to introduce the amended legislation in the Senate which give unions and employers more representation on the 15-member tripartite body. The ACTU and ACCI have argued that with only two members each for unions and employers, and with the Minister having the final say, the commission would not be truly representative. The amended legislation gives three seats each to unions and employers and the members from these groups will be nominated by the ACTU and the ACCI respectively. Other members of the commission will include representatives of the Commonwealth and states. Workplace Relations Minister Julia Gillard has accused the Opposition of "playing politics" after it helped to pass the Senate amendments.
Source: Workplace OHS
Unions seek review of Hanks Review
Unions have won an agreement from the State Government to further consult on the recommendations arising from the Hanks Review of workers' compensation. Mr Peter Rose, given the job of conducting the consultations, is holding public meetings in Melbourne and two regional centres next Monday and Tuesday. The public meetings are: Melbourne, 20 October, 8.30 am – 10.30 am; Bendigo, 20 October, 3 pm – 5 pm; and Traralgon, 21 October 3 pm – 5 pm. VTHC representatives suggested that meetings be held in additional regional centres, but Mr Rose rejected this. To register for the forums email WorkSafe at act_review@worksafe.vic.gov.au.
The move comes after a meeting of approximately 500 workplace delegates and OHS reps last week called on the State Government to enter into immediate negotiations with unions over the implementation of the Hanks Review of WorkCover. Meeting at Storey Hall at RMIT in Melbourne, they heard reports on how the adoption of many of the Hanks Review recommendations would attack the rights of injured workers. Delegates voted unanimously demanding the government meet with unions.
VTHC media release
Ask Renata –
I’ve heard that WorkSafe has issued a PIN proforma – do I have to use it?
That’s right, a PIN proforma was made last week!
However, reps DO NOT have to use the WorkSafe form to issue a PIN, and can choose to use an alternative, such as the VTHC proforma PIN, downloadable from the Reps website. Both forms will help reps to provide all the relevant information that is required to issue a valid PIN. Guidance on how to complete the PIN is provided on the back of the WorkSafe form and on the website.
Hard copy WorkSafe PIN forms in triplicate may also be ordered through the Advisory Service [9641 1444 (toll free 1800 136 089)] or by emailing info@workcover.vic.gov.au.
Do you have an OHS-related query? If so, Ask Renata
VTHC concerned about WorkSafe’s young workers campaign
Trades Hall has concerns about the new Young Workers advertising campaign from WorkSafe. The recently released ads, rather than target the unsafe workplace, suggest that blame for workplace incidents lies with young people for failing to speak up about safety concerns. Young Unionist Network Coordinator, Danielle Archer says this ignores the well-established reasons why young people are hesitant to speak out on safety.
"Many young workers are employed casually or in uncertain conditions and lack knowledge of their rights at work, what to do if they get injured and mimic the behaviour and attitudes of older workers and supervisors. The ads do not address workplace safety in any meaningful way and run counter to WorkSafe’s own published guidance materials on how to engage with, train and supervise young workers".
WorkSafe ads fail young workers
ABCC discriminates against construction workers, needs more safeguards
The Australian Building and Construction Commission (ABCC) has been slammed as discriminatory and in need of greater safeguards to monitor its activities. A report by former Federal Court judge, Murray Wilcox QC, found the ABCC acted unfairly and took a one-sided approach in dealing with industrial issues. The ABCC has draconian powers that include the ability to summons any person to give evidence and it is an offence, punishable by up to six month’s jail to refuse to give evidence.
Mr Wilcox questioned the need for interrogation powers by the ABCC and raises concerns about a lack of oversight for the body. He also expressed doubt over the veracity of claims by building industry employers that productivity has improved since the ABCC was established.
The report’s release comes as a Federal Court judge slammed the ABCC for turning a blind eye to employer unlawfulness. Justice Jeffrey Spender made the comments in a case involving the Queensland Plumbers Union. He criticised the ABCC for pursuing legal action against the union and said it should have taken action against the employer in the case, whom he described as a “foul-mouthed industrial cowboy boss”. He ordered the ABCC to pay court costs for the union’s legal defence.
ACTU media release – Wilcox Report [pdf] ACTU media release – Judge slams ‘blind eye’ on employer unlawfulness [pdf] The Age report
West Gate Bridge fallen remembered
Around 100 people gathered at the West Gate Bridge Memorial Park to remember those who lost their lives in Victoria’s worst ever industrial accident. On 15 October 1970 at 11.50am one of the western spans of the bridge gave way and collapsed. Thirty-five men lost their lives in the tragedy. Survivors and families of the fallen gather at the bridge each year to mark the occasions and remember the dead. Speakers highlighted the ongoing need to remember the event. CFMEU OHS Officer Pat Preston was a worker on the bridge and spoke of that day and the changes in workplace health and safety since that time.
West Gate Bridge Memorial site
Spate of crush incidents claims two lives, injures another, sparks safety calls
A series of incidents where workers were crushed has prompted warning from unions and WorkSafe about the risk posed by unsafe work systems.
A man died at a Powelltown sawmill on 2 October when a 4 metre high stack of timber fell as the man prepared to position another stack with a forklift.
In an incident on 8 October a man was crushed to death while unloading a truck in unsafe conditions in Northcote. They mark the 14th and 15th workplace deaths in Victoria this year. Another man was seriously injured on the same day while unloading slabs of stone from a shipping container in Epping. WorkSafe is investigating all three incidents.
The CFMEU says the Northcote incident highlights their concerns about safety standards in the construction industry. The worker in this case was using a crane truck to lift a load off a second truck when it toppled and crushed him. The union says the work systems used were inadequate and obviously unsafe. They blamed cost cutting for the man using inadequate plant to try to do a dangerous job, in this case tragically resulting in his death. The construction union has also drawn a link between injuries and deaths in the workplace and the role of the ABCC in discriminating against workers in the industry and highlighted how this has limited their ability to pursue genuine OHS issues.
ABC news report VWA media release
Worker injured in underground rockfall
A worker has reportedly been seriously injured in a rockfall 4km underground at a construction site in northeast Victoria on Thursday 16 October. The man in his 30s was pinned by a rock while working well below the surface in a tunnel near Bogong/High Plains Road, between Mt Beauty and Falls Creek. WorkSafe is investigating
News.com report
ETU OHS newsletter out now
Featuring stories on the rise in asbestos-related diseases and portable socket outlet assembly for construction, as well as information on upcoming courses and meetings.
ETU OHS Reps Newsletter [pdf]
Public transport workers highlight safety in new campaign
The union for public transport workers, the RTBU, has rolled out a campaign calling on the State Government to enhance the safety of rail users by addressing the need for more staff on railway stations. Posters have been put up at train stations and tram stops drawing attention to the unsafe conditions many travellers experience regularly on Melbourne’s overcrowded and stressed public transport system. The posters and other background material can be found on the special campaigns website, where you can also sign the online petition registering your support.
IDSA seeking volunteers
IDSA (Industrial Deaths Support and Advocacy) provides a much needed service for families who have lost a loved one in a workplace accident. The organisation is in urgent need of volunteers and is asking for support. If you have some spare time and it interests you, please give their office a call – Ph/Fax: (03) 9654 3353 or (03) 9309 4453 Mob: 0414 763 143 Email: idsa@idsa.com.au. Read more on IDSA
Asbestos News
Brumby apologises to SEC workers and families
Victorian Premier, John Brumby, has formally apologised in a special sitting of Parliament to power workers and their families affected by asbestos at the former State Electricity Commission of Victoria (SECV) in a special sitting of Parliament. Premier Brumby announced at the ALP State conference that he would apologise and did so at a regional meeting of Parliament at Monash University in Gippsland on Wednesday 15 October where he formally made the apology on behalf of the Victorian Government. GARDS members welcomed the apology as an important step forward in the healing process.
Vicki Hamilton, GARDS Secretary, said
"The apology at this time would help give a deeply meaningful cleansing of a hurt and betrayal that has been felt by thousands who diligently and honestly went about their work, not knowing that many of them and their families would die of a work related disease that could have been prevented. She said the Premier had shown a sense of justice and compassion that will be forever remembered."
Premier Brumby met with some 40 members of GARDS at a private morning tea when parliament recessed for the morning break.
GARDS news release
Asbestos disease sufferers win fairer compensation
Asbestos disease sufferers will be eligible for fairer compensation under Victorian State Government legislation tabled in Parliament recently. The Asbestos Diseases Compensation Bill will allow people to seek damages for the full extent of asbestos-related diseases, such as lung cancer or mesothelioma, which may surface years after exposure to asbestos.
The fairer laws allow an asbestos sufferer to make a claim for damages if their condition deteriorates. The laws will also allow people at imminent risk of death from an asbestos-related disease to have greater access to justice by having their case heard quickly.
The government said the legislation would also clarify the law relating to damages where a person has started proceedings but does not live to see their claim resolved. The Bill includes amendments to the Accident Compensation Act 1985 and the Wrongs Act 1958.
Govt media release
James Hardie misled public on asbestos compo: trial
James Hardie’s former head of public relations was unable to recall giving directors a media release which claimed the company’s asbestos compensation trust would be “fully-funded” even though this was known to be untrue. Greg Baxter, now head of corporate relations at News Limited, gave evidence at the civil trial of directors of the company. He was at the February 15, 2001 meeting which decided to set up the trust but could not say whether directors had seen the media release, which ASIC has described as “misleading and deficient" because it contained an unequivocal public assurance that all asbestos liability claims would be met.
The commission claims the media release was sent out as part of a strategy to avoid government “interference” in the directors’ plan to move the company’s assets and corporate operations offshore in order to avoid liability for the growing number of asbestos victims. The trial is continuing in the NSW Supreme Court.
SMH report
International Union News
Global unions, workers and communities Stand Up to Poverty
Global trade unions have demanded effective response from the IMF and World Bank to the worsening financial and food crisis. The ITUC has urged the financial institutions to not overlook the millions of low-income workers whose buying power has declined drastically because of food and fuel price hikes. By the World Bank’s estimate, the price surges will add 100 million to the number of extreme poor in the world, which the Bank recently adjusted upward to 1.4 billion before the food and financial crises. The IMF and World Bank held meetings in Washington this week seeking a resolution to the crisis engulfing the global economy.
This comes as millions of people around the world take part in events to Stand Up Against Poverty, organised by the global Make Poverty History movement. At each event participants stand up together to symbolise their unity with millions of other STAND UP participants across the globe. Event and participant numbers are registered and tallied with all participant numbers and forwarded to Guinness World Records.
ITUC media release Stand Up – Make Poverty History VTHC – Anti-Poverty Week
Research
Occupational exposures linked to non-Hodgkin's lymphoma
New Canadian research has found an increased risk of developing Non-Hodgkin's Lymphoma (NHL), a type of cancer that can be aggressively fatal. Researchers looked at the industrial exposures related to long held occupations among males in six provinces of Canada. They found that an increased risk of developing NHL is associated with the following: long held occupations of farmer and machinist; exposure to diesel fumes; and exposure to ionizing radiation (radium). Men who had worked for 20 years or more as farmer and machinist were the most likely to develop NHL.
Environmental Health bulletin
Stress may increase breast cancer risk
Israeli researchers have reported a a new study support a link between severe life events, psychological distress, and breast cancer. Researchers evaluated 255 women under 45 who'd been diagnosed with breast cancer and compared them with 367 healthy women of a similar age. They found that women who'd suffered traumatic and stressful events in life were 62% more likely to develop breast cancer. The study also reported that feels of happiness and optimism seemed to offer protection against the development of breast cancer.
ChemWatch Bulletin, 10 October
Research finds new link between radiation and breast cancer
Scientists in Scotland have discovered a vital link between radiation sensitivity and breast cancer susceptibility. In a breakthrough study, scientists at St Andrews University's Bute Medical School have thrown new light on a vital enzyme that could be linked to breast cancer susceptibility. This enzyme allows the chromosomes in DNA to split into two prior to a cell. Using a model human cell system in which cells are grown in cultures in the laboratory, researchers showed that when amounts of the enzyme 'topo-2' are reduced, the cells become resistant to low doses of gamma-rays and less damage to their chromosomes is observed. Several studies have found a similar link between breast cancer and elevated chromosome radiation sensitivity, and while the underlying mechanism of the link is not yet understood, it is thought that changes in 'low-penetrance' genes could be involved in causing both the radiation sensitivity and breast cancer susceptibility. The research is published in the latest edition of the British Journal of Cancer.
Daily Mail
WorkSafe News
Supreme Court upholds WorkSafe’s interpretation of OHS law
The Supreme Court of Victoria has upheld WorkSafe’s interpretation of section 23 of the Occupational Health and Safety Act 2004, overturning a June 2007 decision of the Victorian Civil and Administrative Appeal. Horsham Rural City Council contested WorkSafe’s interpretation of section 23 through an internal review process and subsequently at VCAT after receiving safety improvement notices concerning the Horsham Regional Livestock Exchange which it owned, but leased to a private company. Section 23 requires employers so far as reasonably practicable to ensure people other than employees are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking. The senior VCAT member ruled that section 23 had limited application and overturned WorkSafe’s notices. WorkSafe appealed against the ruling at the Supreme Court in April.
Justice Hollingworth found the Act created a scheme of concurrent or multiple liabilities, that the Council was an employer and that the stockyards were part of its undertaking. She ruled that the VCAT senior member incorrectly interpreted the meaning of section 23, upheld WorkSafe's appeal and granted orders setting aside the VCAT orders and affirmed the decision of the internal review officer.
VWA media release
Useful materials:
- Safety Alert - Lifting lug fails on crusher liner
- Electric shock from thread cutting machine
This alert warns sprinkler fitters, plumbers and other workers of the risk of electric shock when using portable electric thread cutting machines if the machines are not properly maintained. - Occupational physiotherapy - Information for injured workers
Information for injured workers about occupational physiotherapy services. - New section of the WorkSafe website – Educating the Next Generation with links to teaching materials.
- New Guide from NSW Workcover covering the risk management of Cytotoxic Drugs and related waste.
- From the Australian Pesticide and Veterinary Medicines Authority (APVMA): an advisory booklet Pest Management in Schools [pdf] The booklet provides guidance and information on the safe and effective use of pesticides in this environment and discusses: Integrated pest management including physical and biological controls as well as the use of chemical pesticides; Pesticide labels including information on toxicity, hazard, exposure and risk; hazard minimisation; Poisons Scheduling; Material Safety Data Sheets; Exposure minimization.
- Guide to challenging behaviour risk prevention in specialist schools [pdf] This 17-page document was developed in consultation with employer organisations and unions and is designed to assist WorkSafe inspectors assess whether a specialist school is controlling risks from student initiated challenging behaviour. The document provides useful information that can be used in schools generally.
Worksafe Prosecutions
Company fined $20,000 for trainee injury
A Preston cardboard pulp product manufacturer, Huhtamaki Australia Pty Ltd, has been fined $20,000 over an injury to a trainee forklift driver. In December 2006 the trainee driver was operating a forklift on uneven ground without proper supervision when he was involved in a rollover incident. He suffered fractures in his right foot. The company did not have adequate systems of work in place which may have prevented the incident.VWA media release
International News
Revamped safety site for journalists
The International News Safety Institute (INSI) website has a new look and a new address. INSI, which is backed by unions and major media companies, was launched five years ago as the news industry's safety network, out of concern at the rising casualty toll amongst journalists and support staff around the globe. It says: 'The site provides guidance for those covering international or local conflict, crime and corruption, natural disasters and disease. It contains news and feature articles related to risk awareness, safety, health and training. It has easy-access advisories for world trouble spots. It contains links to other helpful websites and more safety resources. And it will be updated constantly.' The new address is: www.newssafety.org
Pakistan: ILO reveals darker side of glittering bangles industry
A new ILO study reveals the dark side to Pakistan’s glass bangle industry where child labourers work an average of 12 hours per day in deprivation and hardship. Glass bangle production is centred on the city Hyderabad and there are estimated to be 10,000 children working in the industry nationally. The ILO conducted an OHS study of the industry which highlighted the risks of working in proximity to the furnaces used in the moulding and joining processes, and also from toxic chemicals during coating and painting. It has been estimated there are 3.3 million children aged 5-14 years working full-time in Pakistan
Risks 376 IRIN News ILO Programme for the Elimination of Child Poverty
ITUC YouTube Channel releases videos on forced and child labour
The ITUC released new videos on its YouTube Channel for World Day for Decent Work on 3 October. The videos aim to draw attention to the international scourges of forced labour, the modern form of slavery and also draw attention to the plight of the estimates 200 million child labourers in the world today.
Forced Labour – Normal quality English Forced Labour – High quality English Child Labour
India: Stressed Indians leave call centres
A heart attack suffered by a 23-year-old Indian call-centre worker has focused attention on the conditions of the $11bn (US) business process outsourcing (BPO) industry. Reports suggest that young Indians are abandoning the industry due to the harsh demands it places on workers. As the Indian economy grows there are more better paid and rewarding jobs available to young educated people.
Risks 376 BBC News
UK: From the HSE - Energy saving lights and UV radiation
The UK Health Protection Agency has published research which shows that some energy saving light bulbs (CFLs) emit ultraviolet radiation which could expose people above recommended guideline levels. The Health and Safety Executive advises that in most workplace installations and uses of CFLs there is no risk and they strongly supports their continued use but their use for activities needing bright local illumination, such as electronic component assembly, jewellery making and watch repair, may need to be re-assessed.
HPA press release
US: California launches effort to control hazardous chemicals
California has launched two new 'green chemistry' laws designed to focus on the most dangerous substances. The new legislation is described as the most comprehensive program of any US state to evaluate, label and ban industrial chemicals that are linked to cancer, hormone disruption and other deadly effects. Instead of a product-by-product approach, two new laws are designed to encompass 80,000 chemicals now in circulation, focus on the most dangerous, widespread substances first and control them at the manufacturing stage, before they leach into the air, water or human skin.
However on September 28, for the fifth time in as many years, Governor Arnold Schwarzenegger vetoed legislation for the safe handling of healthcare patients in California. Every year since 2004, Governor Schwarzenegger has vetoed legislation, the Hospital Patient and Health Care Worker Injury Protection Act, which would protect hospital patients and nurses and other healthcare workers from needless injuries directly caused by manual lifting and moving.
Los Angeles Times article WINGS USA
Events
Building Bridges, Organising Globally!
International Indigenous Solidarity Gathering Oct 2008
Thursday 23 October – Sunday 26 October. Locations: Trades Hall and CERES Environment Park.
The Latin American Solidarity Network (LASNET), Friends of the Earth - Australia (FoE) and other solidarity groups will hold The International Indigenous Solidarity Gathering Latin America, Asia and the Pacific. Conference website.
Indigenous leaders share their stories
7pm Wednesday 22 October 2008
Friends of the Earth, 312 Smith Street, Collingwood, Melbourne
Speakers: Jethro Tulin, Ipili, Papua New Guinea; Neville ‘Chappy’ Williams, Wiradjuri, Australia Includes screening of Gold Mining in Papua New Guinea: The Story of Porgera Valley (9mins, 2008)
Exhibition: Ngaligu Munda (Our Land)
Images from Kokatha Mula country in the far west of South Australia.
CERES Environment Park, Stewart St, Brunswick, 23 – 26 October & Dante’s Restaurant and Gallery, 150 Gertrude St, Fitzroy.
Gippsland Forum: Return To Work after a workplace stress injury
When: Wednesday 29th October 9.30am - 2.30pm
Where: Morwell Football Club, Travers Street, Morwell
Workplace Stress: A Time Bomb
Many workers experience workplace stress. It happens for many reasons, including: the way workplaces are structured, workers have little or no control over their work, workers being bullied or harassed and all too often it occurs as a secondary injury to workers who are suffering another workplace injury.
The forum will discuss the causes, the issues and strategies for return to work.
Please contact the Gippsland TLC to book for the forum.
Please call (03) 5133 7684 or email: gtlc@tpg.com.au.
For other RTW training go to the training page.
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)
November 10 - 14 Frankston
November 13, 14, 24, 25, 26 Carlton
Course hours: 9am - 5pm. Course fee $670.00
Initial 5-Day Country
November 10 -14 Initial Shepparton
Course hours: 9am - 5pm. Course fee $690.00
Comcare 5-Day OHS Reps Course (for Elected OHS Reps under the Comcare Act)
December 8 - 12 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.
December 17 - 18 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.
November 11 Legislative Update Carlton
Course hours: 9am - 4.30pm. Course fee $180.00
Go to the 2008 Training program page to download an application form.