Thu 29 Jan 2009
Issue 157 - SafetyNet Journal 157
Welcome to the year's second edition of SafetyNet.Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Events
Union News
Activities for reps
Ask RenataWith Victoria experiencing its most extreme heatwave in one hundred years, the VTHC, unions and WorkSafe are receiving record numbers of enquiries. So what’s the advice?
It’s unbearably hot at work – is there a set temperature at which we can go home?
There’s no ‘magic’ temperature in OHS legislation – but this does not mean that an employer does not have to do anything about heat.
Every employer has a duty of care to employees and others. Under Victoria’s Health and Safety Act, the employer MUST:
- provide and maintain a workplace that is safe and without risks to health;
- provide safe systems of work;
- monitor conditions at the workplace; and
- monitor the health of employees
If heat is putting employees’ health or safety at risk, the employer MUST implement controls to either eliminate the risk or minimise it so far as reasonably practicable. Actions that can be taken include:
- Air conditioning, air circulating fans, provision of good ventilation
- Insulation
- Implementing a work/rest regime
- Re-organising/re-scheduling work tasks, or the times at work
- Sending workers home
More information Heat
Do you have an OHS-related query? If so, Ask Renata.
Conferences and Seminars
Making rights real
Victoria’s Charter of Human Rights and Responsibilities 2006 has been in operation for over a year. It’s an agreed set of democratic rights and freedoms protected by law, that requires all public authorities, and any organisation providing public services on behalf of government, to act in a way that is consistent with human rights.
The Victorian Human Rights and Equal Opportunity Commission administers the Equal Opportunity Act 1995 (Vic) and the Racial and Religious Tolerance Act 2001 (Vic). These laws protect people from discrimination, harassment (including s*xual harassment) and racial and religious vilification. Since equal opportunity laws were introduced in Victoria more than 30 years ago, they have grown into powerful and flexible tools for community organisations and the communities they serve.
The Commission is running seminars on how to use human rights and equal opportunity laws in the community, at work, at school and in sport. Find out more and register (dates to June 2009)
HazMat 2009 29 & 30 April
According to the organisers, HazMat is Australia’s leading conference on chemical management, hazardous substances and dangerous goods. Held over two days, there will be presentations by leading industry experts and international keynote speakers cover current issues and future topics, such as Risk Assessment & Management; Major Hazards; Dangerous Goods; Security & Training and Chemical Management. In its 10th year, it is being held in Sydney. Special registration arrangements may be possible for unions and elected health and safety reps (contact the VTHC OHS Unit). More information
Safety In Action 31 March – 2 April
As usual, there is a FREE Trade Show held in conjunction with the conference, which this year is at the Melbourne Exhibition Centres. Find out more and register for the Trade Show
Asbestos news
Vale Tony MedinaTony Medina, asbestos campaigner, trade union and Occupational health and safety activist, soccer coach, father of five, partner and husband to Matea, died from mesothelioma, an asbestos related disease, on 23 December 2008. He was 43 years old. Read the full article
ACTU: Government must get serious about asbestos
Last week unions called on the Rudd Government to end asbestos exemptions for the Australian Defence Organisation and to hold a national inquiry into asbestos and asbestos-related disease. The ACTU said the terms of reference for the inquiry should be wide-ranging, and include establishing a national register of asbestos-contaminated infrastructure and a national program to accelerate the removal of asbestos; fast-track compensation and legal remedies for asbestos victims; and examination of changes to Corporations Law to deal with companies seeking to avoid financial responsibility for the health and safety of their employees. The inquiry should have the power to gather evidence and compel witnesses.
The union movement is also calling for the establishment of an independent taskforce to investigate the continued use of asbestos containing materials in the ADO. (see SafetyNet 156). ACTU Secretary Sharan Burrow said the ADO should be granted no further exemptions for the use of asbestos and should be required to remove all asbestos contaminated materials by the end of this year. “Asbestos is one of the biggest killers of Australian workers. It is completely banned everywhere else, and Defence should be no different. It is shameful for the Australian defence industry to be putting military and civilian lives at risk.”
ACTU media release
PM officially opens Bernie Banton Centre
On the same day, Prime Minister Kevin Rudd officially opened the Bernie Banton Asbestos Diseases Research Institute in Sydney. While he acknowledged that thousands of Australians had been exposed to asbestos at work in previous generations, he made no comment on either the fact that current government employees are still facing occupational exposure to the deadly carcinogen nor the ACTU’s call for an investigation.
Media Release Media Release
Asbestos ship ordered out of Australian waters
The ABC last week reported that a ship at the centre of an industrial dispute in Darwin has been ordered out of Australian waters after asbestos was found on board. Two weeks ago the crew of the seismic exploration ship, Ocean Endeavour, walked off the ship - tests confirmed the ship’s air conditioning contained the toxic fibre which is breaking down. The Maritime Union says those on board will be put on a national asbestos register straight away. "Some of those people have worked on that vessel for anywhere between 12 and 18 months," said the union's Will Tracey. "So there's concern anger disappointment at the situation they find themselves in." According to a spokesperson from the Maritime Safety Authority, airborne samples were negative for asbestos fibres but Gardline, the ship’s UK owners, agreed to take the ship to Singapore to have the asbestos removed. [Editor’s note: negative test results do not indicate past exposures]
Chocolate bar-eating worker sacked
In a decision likely to cause many workers stress, the AIRC has upheld a company's dismissal of a storeworker for eating a chocolate bar thrown to him by another worker after it fell out of a broken box. Coles Group Supply Chain Pty Ltd has a policy requiring all workers at its distribution centres to apply a "check seal" sticker to food and groceries they bring in to the distribution centre, in a bid to prevent theft. It also prohibits food and drink on the floor of the distribution centre, with the exception of bottled water.The company introduced the "check seal" policy and strict disciplinary measures due to losses from "known theft" of $110,000 in 2007 at the Smeaton Grange distribution centre (NSW). It claimed the $60,000 reduction in 2008 was mainly due to reinforcement of its policies.
Senior DP Cartwright found the company's asset protection policies to be reasonable, that the worker was aware of them and had “failed to comply with his duty of fidelity and good faith” to his employer.
Government workers win better parental leave
The 3,000-odd Department of Families, Housing, Community Services and Indigenous Affairs employees have won improved parental leave entitlements under a new union collective agreement. They are now able to access 14 weeks maternity/adoption leave, two more weeks than their previous entitlement. They will have the right to work part-time for three years instead of two when they return, and can apply to continue working part-time until the child reaches school age, with the department agreeing not to unreasonably refuse requests.Conditions for fathers and non-primary caregivers are also improved: they can now apply for four weeks paid leave on the birth, fostering or adoption of a child, with the first two weeks to be drawn from personal leave where available.
Source: Workplace Express.
Port Hedland worker dies in crane accident
A 53yr old worker was killed in a workplace accident at Anderson Point, near Port Hedland on Australia Day (Jan 26). WorkSafe WA said the man was dismantling a crane in preparation for the approaching Cyclone Dominic when the accident happened at the McConnell Dowell’s lay-down area, which is located adjacent to Fortescue Metal Group’s wharf operations. WorkSafe WA and the WA Police are investigating the fatality.
Source: The Western Australian
Restrictions on flexible working hours contrary to Labor IR policy
Adelaide University's Professor Andrew Stewart has criticised the Fair Work Bill's failure to allow reviews when employers refuse an employee's request for flexible work and its restrictions on agreement content, describing the latter as "the one aspect of the Bill which represents an unequivocal departure from Forward with Fairness". In his submission to the Senate inquiry into the Fair Work Bill, Professor Stewart says the bill makes it clear that as long as an employer refuses a request on "reasonable business grounds" and provides a written response to the employee, then "there is to be no challenge to any refusal". While he supports the new standard governing requests for flexible working arrangements, he believes that it is necessary to provide some basis for a worker to dispute an employer's assertion that there are 'reasonable business grounds' for a refusal to accommodate a particular request.While not suggesting that the question of whether reasonable business grounds exist be treated as an objective standard reviewable by a court, Professor Stewart said, "but at the very least, and in line with the UK provisions, an aggrieved employee should be able to ask Fair Work Australia (FWA) to review an employer's decision, on the basis either that the employer has not given an adequate response, or that the response was based on incorrect facts".
Source: Workplace Australia
Union (International)
NUJ action call after Gaza deathsThe International Federation of Journalists (IFJ) last week reported that five media staff had died as a result of Israeli action in Gaza in the preceding days. Journalists' unions around the world, including the UK’s NUJ, have called on the United Nations to investigate the targeting of media by Israeli forces in the Gaza Strip. In a letter to the UN secretary general, Ban Ki-moon, the NUJ said the UN should take action against Israel where it has violated international law and a Security Council resolution on protection of media in conflict zones. NUJ deputy general secretary Michelle Stanistreet said: 'Israel is violating international law, ignoring its own Supreme Court and showing contempt for the United Nations by defying its obligations under Resolution 1738 to protect journalists in conflict zones.' She added: 'We believe these unprecedented actions by the government of Israel, which prevent journalists doing their job and which seek to intimidate and endanger the lives of media staff, are contrary to international principles of human rights and media freedom. Journalists across the world see this as an attempt to stifle the truth and to manipulate media to tell the story from the Israeli side which is unacceptable.' The call for a UN investigation and urgent action was backed by the International News Safety Institute (INSI).
NUJ news release. IFJ news release. INSI news release
Research
Disabled more likely to be bullied at work
A UK Equality and Human Rights Commission survey of nearly 4000 workers, found employees with a disability or long-term illness reported they were more likely to have negative experiences at work. These experiences range from low expectations of workers, bullying and humiliation to physical violence.Twenty-five per cent of people with a disability or long-term illness said someone was continually checking up on them and their work when it was not necessary compared to 19.4% of people without a disability or long-term illness. Just over twenty-two per cent of people with a disability or long-term illness said they had been the subject of persistent unfair criticism of their work and performance, compared to 13.4% of people without. While 5.5% of people without a disability or long-term illness reported they had experienced actual physical violence at work, over double that percentage of people with a disability or long-term illness, 11.6%, reported they had had this experience.
Source: WorkplaceOHS
WorkSafe News
Return to Work forum in Werribee
WorkSafe Victoria is hosting an interactive forum at the Werribee Racing Club next Tuesday 3 February aimed at helping employers in Melbourne’s west develop a strong safety and return to work culture within their business. Starting 8.30am, the session will provide local employers and Return to Work Coordinators with information about how managers, supervisors and work colleagues can work together to develop a positive return to work culture in their organisation. There are still places available - email rtw_networks@worksafe.vic.gov.au Further information about future WorkSafe return to work network events.Manual handling in health improving
According to the results of a national compliance campaign, a majority of hospitals adequately risk manage manual tasks, and slips and trips. Initiated by the Heads of Workplace Safety Authorities (HWSA), the campaign involved 203 audits across Australia. 96% of workplaces had a compliant risk assessment and control process. Approximately 70% rated as ‘above compliant’ for hazard identification, risk assessment, risk control, purchasing, training and management commitment.
HSWA Final Report: Safe Steps – Manual Tasks, Slips & Trips in Hospitals [pdf]
Comcare Seminars around Australia
Comcare’s next series of Seminars will commence in March 2009. During the seminar, participants will engage in workshops and listen to presentations from speakers from across the Comcare scheme as well as Comcare's OHS Compliance Assistance and Prevention & Injury Management Services teams. This year, the seminar program comprises two half-day sessions. Session 1 has a health and safety focus and is particularly beneficial for HR managers, OHS managers, line managers and OHS practitioners. Session 2 has a OHS, rehabilitation and return to work theme and will be especially relevant for health and safety representatives and case managers.
All participants are welcome to attend both sessions as there will be relevant information and networking opportunities over the two days. The Melbourne seminars are scheduled for March 12 & 13. Registrations are now open. More Information
Worksafe Prosecutions
Fortescue Metals and others to stand trial
Fortescue Metals Group (FMG) and six contractors face trial starting Feb 26 in Perth Magistrates' Court, with potential fines totalling $16.2m. The companies face charges over the deaths of two workers during a cyclone at a railway construction camp in Pilbara, 100km south of Port Hedland, WA. The companies face 41 charges, including failing to provide a safe workplace, properly instruct and train workers and design and build cyclone-proof buildings. Both FMG and the six other firms are pleading not guilty.Debra Till and Craig Raabe were killed when a portable housing unit at the camp was destroyed during Cyclone George in March 2007. The charges also relate to injuries caused to several other workers and were laid after investigations by WA WorkSafe.
Source: OH News
International News
Governments act on children’s use of mobiles
On January 7, the Finnish Radiation and Nuclear Safety Authority (STUK) recommended that parents limit their children's use of mobile phones and, on the same day, the French government announced a series of environmental health proposals which includes a ban on cell phones designed specifically for children younger than six and of advertising that promotes the use of cell phones among those under 12.Read more: Microwave News
USA: Nanotech safety may get higher priority
Draft legislation put forward by a top US government committee suggests nanotechnology safety may be set to take a higher priority. The House Science and Technology Committee has just introduced new legislation, the latest recognition of the need to strengthen federal efforts to learn more about the potential environmental and health and safety risks posed by engineered nanomaterials. The new bill is almost identical to legislation that passed in the House last year with overwhelming bi-partisan support. The Senate was expected to approve similar legislation, but lawmakers ran out of time. 'We know that when materials are developed at the nanoscale that they pose potential risks that do not appear at the macroscale,' said David Rejeski, the director of the Project on Emerging Nanotechnologies. 'This new bill shows that lawmakers recognise both nanotechnology's enormous promise and possible problems. The legislation reflects mounting Congressional interest in understanding potential risks in order to protect the public and to encourage safe commercial development and investment.' The House bill comes only weeks after a National Research Council (NRC) panel issued a highly critical report describing serious shortfalls in the Bush administration's strategy to better understand the health and safety risks of nanotechnology and to effectively manage those potential risks.
Project on Emerging Nanotechnologies news report. Source: Risks 390
Everyone in the US expecting a change
According to the US media, business and unions agree that the government's approach to protecting workers is about to change. U.S. Rep. Hilda Solis, a California Democrat who is widely viewed as a friend to workers and unions, is poised to become secretary of ‘labor’. Several safety experts who have called for more vigorous regulation have been mentioned as candidates to lead the Occupational Safety and Health Administration. As senator, President Obama co-sponsored legislation that would increase penalties for OSHA violators and expand protections for whistleblowers. Vice President Joe Biden recently announced the creation of a White House Task Force on Working Families, a panel that will make workplace safety a top mission.
Read More: The Charlotte Observer
Events
At Trades Hall (Cnr Victoria and Lygon St, Carlton Sth)
Return to Work UnitThe Victorian Trades Hall Council Return to Work Unit challenges the barriers that stop injured workers returning to full and meaningful employment. A big part of the VTHC initiative is to provide training to workers and their representatives. Training schedule 2009
BACK to Work Seminar: Tuesday March 3, 9.30am – 12.30pm: free forum run by the VTHC Return to Work Unit on workplace back injuries and returning to work after a muscle stress or strain injury. Morning tea provided RSVP: 27th February - call (03) 9659 3511 or email tcarty@vthc.org.au
VTHC OHS Training Centre
Have you organised your training yet? Contact Judith Rodda on 03 9663 5460 for more information on scheduled courses or what we can do for your workplace, and to enrol.
February 9 – 13 Initial Carlton
February 16, 17, 18, 23, 24 - Health Services, Carlton
March 2 - 6 Carlton AND Frankston
March 11, 12, 13, 30, 31 - Health Services, Carlton
March 23 - 27 Initial Carlton
Course hours: 9am - 5pm. Course fee $670.00
Initial 5-Day Country
March 2 – 6 Initial Morwell
March 16 – 20 Initial Ballarat
March 16 – 20 Initial Geelong
March 16 – 20 Initial Bendigo
Course hours: 9am - 5pm. Course fee $690.00
Comcare 5-Day OHS Reps Course (for Elected OHS Reps under the Comcare Act)
February 16 - 20 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.
March 26 and 27 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.
February 26 Legislative Update Carlton
February 27 Psychological Hazards Carlton
Course hours: 9am - 4.30pm. Course fee $180.00
Go to the 2008 Training program page of the website for all the dates of upcoming courses, and to download an application form.