
Issue 159 - SafetyNet Journal 159
Welcome to SafetyNet Journal 159, your source for OHS news from Australia and around the world.Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Events
Union News
Bushfire cleanup safety urged as injuries and deaths continue
A number of safety workers have been injured and one professional fire fighter from Canberra died after being struck by a falling tree in the wake of recent bushfires. As Victoria heads into more hot weather, people in bushfire affected areas are being reminded of the dangers and asked to take appropriate safety precautions. In the aftermath of the bushfires, WorkSafe has produced advisory materials for the ongoing safety of emergency personnel, essential services workers, contractors and members of the public who may be working in the fire affected regions. These
‘Bushfire Recovery’ documents provide advice for handling hazards that you may encounter when searching though or cleaning up fire affected areas.
Potential hazards include asbestos-containing material, damaged gas cylinders and their valves, pesticides and other chemicals, nails and sharp objects. There are also dangers associated with damaged buildings that may be unstable; trees that are at risk of falling or dropping limbs and a range of issues involving routine hazards on building or demolition sites. Remember: the OHS Act and regulations apply to any site/places that become ‘workplaces’.
VWA - Bushfire Recovery
Cleanup of asbestos contaminated fire sites
To expedite clean-up of asbestos, the Victorian Government has introduced a new Dangerous Goods Order which will allow for both Class A and Class B Asbestos removalists, and others ‘under direct supervision’ to remove friable asbestos. It has also been announced that one major contractor will be awarded the clean up contract. The VTHC urges the Victorian government to ensure that no workers or members of the community are exposed to the risk of asbestos and other contaminants in this process.
More bushfires news:
- Former union official Bill Shorten has been appointed Parliamentary Secretary for Victorian Bushfire Reconstruction by PM Kevin Rudd.
- The BellaUnion fundraiser at Trades Hall was a great success and raised over $8000 which will be going straight to the CFA. Thanks to those who came along.
- The UK TUC has sent a letter of letter of support and condolence in the wake of the bushfires. TUC Bushfire letter
Working in heat warning as Victoria faces more extreme weather
Workers are being warned about the consequences of working in extreme heat as the state prepares for more hot weather. A stark reminder of the impacts of working in heat is the story of Alan Byrne, as told to the
Herald Sun newspaper recently. Mr Byrne has permanent brain damage, can no longer walk and has trouble talking due to the heat stroke he suffered while working as bricklayer on a 42C day in 2006. His injuries are now the subject of one of Australia’s biggest Workcover claims.
Herald Sun
OHS Rep – Working in Heat
OHS harmonisation: Will reps be exposed under proposed laws?
The second part of the national OHS review has been completed and presented to the Workplace Relations Ministers’ Council (WRMC). One of the major concerns for unions is the proposal to place “duties” on elected OHS Reps. Under Victorian (and other) OHS Acts, reps have powers and rights, but no ‘duties’ as reps – other than the standard duties as employees. This could have serious implications for the ability of reps to hold employers accountable for safety failings and could open the way for HSRs to be targeted with legal action in the event of a workplace accident. Recommendations in the report include requiring employee-elected reps to complete competency based training and would see them disqualified for ‘repeatedly neglecting their HSR functions’ – suggesting they had ‘duties’. This could leave them vulnerable to malpractice suits for failing to discharge their duty in the event of a workplace accident or injury.
The ACTU has also expressed its concern at the exclusion of the right of third parties to initiate prosecutions for breaches of the OHS Act. ACTU Secretary, Jeff Fary, said the system had been an important part of the NSW for many years and should be extended. History proved that the power of a third party to prosecute in a harmonised system would not be abused, Fary said. In NSW, where third parties had that right, only about 12 such prosecutions had been initiated in the last 30 years, all of which were successful.
National review into Model Health and Safety Laws – Second Report [
pdf
]
Have you signed the Paid Maternity Leave petition yet?
Australia is one of only two OECD countries without statutory paid maternity leave. Consequently, Australia has one of the lowest rates of labour force participation by mothers in the 24 to 45 age group in the developed world. This sad statistic is an indictment of the current arrangements we have in this country to support working mothers. Australian women have campaigned for many years for the statutory right to paid maternity leave. The Federal Government gave a commitment to including such provisions in the 2009 Budget, but has lately shown signs of attempting to back out. Show your support for working mothers and sign the online petition for Paid Maternity Leave.
Also, the VTHC invites you to attend the International Women’s Day Rally next Friday 6 March. The rally will be held outside the State Library in Melbourne. Contact Jennifer O'Donnell-Pirisi, Victorian Trades Hall Women's Officer for more information on 9659 3535 or email: jo'donnell-pirisi@vthc.org.au for more information.
Download a copy of the flyer here [
pdf
]
Sign the
Paid Maternity Leave petition
.
International RSI Day 2009
International RSI Day is on Saturday 28 February 2009. RSI Day is an opportunity to promote injury prevention and raise awareness about the prevalence of RSI and their effects. To stop these injuries, we need to eliminate monotonous, repetitive and stressful work, work at fast speeds and poor work organization (unnecessary overtime, cutbacks and layoffs, substandard equipment, lack of worker control).
International RSI Day
RSI – What is it?
VTHC media release
Horror week for workers highlights need for safety focus
A week that saw deaths, horrific injuries and potential for even greater harm has highlighted the need for employers to ensure they provide their workers with a safe workplace. It is the duty of employers to ensure that plant is safe and guarded properly, and that workers are provided with adequate training and supervision in their jobs. It is tragic to think that people are still being killed and injured because of basic and fundamental safety lapses that could be avoided with the correct safety equipment, supervision or training.
Young worker dies after printing machine incident
An 18-year-old Mill Park man died in hospital after being caught in a printing machine at Thomastown. WorkSafe is investigating the incident which happened at a carton manufacturing plant in Commercial Road.
WorkSafe Victoria’s Executive Director, John Merritt, said the tragedy was a warning to all employers and workers. He advised employers to consult with their workforce about known or predictable safety issues, and then develop and act on a safety improvement plan. If you already have one – review it. If machines are unguarded, if people don’t have appropriate training, licensing or supervision; and workers do not have the equipment needed to do their job safely – or if they’re not using it – those issues must be dealt with.
VWA media release – Young worker dies after printing machine incident
OHS Reps – Machine Guarding
Men suffer crush injuries in Tullamarine
Two men were hospitalised after the hand of one was amputated and a hand on the other was badly crushed in a machine at a Tullamarine factory last week. The two men were carrying out maintenance work on a press at Willow Ware Australia Pty Ltd in Annandale Road when the machine activated around 1.30am. WorkSafe is investigating.
VWA media release – Crush injuries in Tullamarine
Prahran scaffold collapse prompts safety investigation
WorkSafe is also investigating a scaffold collapse in Prahran which injured workers and blocked busy Commercial Road. Witnesses and emergency workers say it is a miracle no one was killed or seriously injured when the six levels of scaffold collapsed onto the road and footpath. Several workers rode the scaffold to the ground and were fortunate to receive only minor injuries. A number of cars were also damaged. WorkSafe issued three safety improvement notices at the site. The notices require safety assessment of the remaining scaffolds on the east and southern side of the residential and commercial building and for the development of a scaffold management system. The incident is the subject of a comprehensive WorkSafe investigation which is likely to take some months. The director of WorkSafe’s Construction and Utilities Division, Chris Webb, said the incident was a reminder to the wider construction industry about the need to ensure safety standards were applied at all times.
VWA media release
The Age online
Beaconsfield mine probe: Coroner says “no-one to blame”
Survivors of the Beaconsfield mine collapse have slammed a coroner’s finding that no one is responsible for the disaster. A Tasmanian coroner criticised the company, Beaconsfield Gold, over the cave-in which killed Larry Knight and trapped two fellow workers underground for 13 days but found the mining company was not responsible for the 2006 disaster. Coroner Rod Chandler found the company had failed to heed earlier warnings of rock falls in the same part of the mine and had ignored expert advice that its safety procedures were inadequate. Yet, despite this, he found the company could not be held responsible for Mr Knight’s death. Larry Knight’s brother, Shane, and rock fall survivor Brant Webb spoke of their disappointment at the finding. Mr Webb, who spent almost two weeks trapped almost a kilometre underground, said the mining company knew of the danger of mining at that depth but chose to send workers to that level as it yielded massive amounts of gold. Australian Workers Union national secretary Paul Howes has called for national standards for mine safety and risk assessment in the wake of the coroner’s finding.
Coroner’s Report – Tasmania Magistrate’s Court
The Age online
ABC news
Work site death disqualifies John Holland from safety awards
John Holland Rail Pty Ltd was listed among nine finalists for one of Australia's premier national awards for workplace safety, the Safe Work Australia Awards. But Federal Court proceedings against John Holland Pty Ltd over the death of an employee on a Queensland site last year meant the company was disqualified at the last minute. Mark McCallum, 34, died after being run over by machinery while working at the Dalrymple Bay Coal Terminal in north Queensland, when his foot became trapped under wooden scaffolding planks while moving precast concrete decks. John Holland Pty Ltd is the only major construction contractor that opted out of State and Territory OHS regulation, to seek self-insurance under the Commonwealth's Comcare workers' compensation scheme.
"It seems extraordinary that a company which had a worker killed on one of their jobs should even consider submitting its work for a national safety award," said CFMEU National Safety Officer Martin Kingham.
CFMEU media release
Another BHP worker death prompts calls for inquiry
Unions have called for an inquiry into BHP Billiton's safety procedures after a fourth person was killed in WA on a site owned by the mining giant in seven months. The Australian Manufacturing union has been seeking an investigation since three workers on BHP sites were killed in five weeks from July 2008. The union has rejected claims from the company that safety is its highest priority.
The West Australian
AMWU website
Asbestos News
AWU and Cement Australia commence health study
The Australian Workers Union and Cement Australia have written to 500 former workers at the company’s north-west Tasmanian plant inviting them to participate in health screening for asbestos-related diseases. The Goliath cement factory at Railton produced most of the state's asbestos between the 1940s and 1980s. The plant's new owner has compensated 36 people with asbestos-related diseases and is now removing asbestos from the site in stages. Workers are being asked to register their interest in participating in the initiative designed to address the issue of asbestos in the workplace. Workers and ex-workers will be asked to take part in medical screenings for asbestos related disease and can ring a toll-free number (1800 355 231) to receive information about how they can participate in this phase of the project.
Cement Australia media release [
pdf
]
Workplace Ministers agree to asbestos management and research
At its February 12 meeting, the Workplace Relations Ministers Council considered issues regarding asbestos management and research. The Heads of Workplace Safety Authorities and the SWA Council will consider training and licensing of asbestos removalists and asbestos auditors; to the Safe Work Australia Council consideration of the recommendations of the Senate Inquiry relating to asbestos compensation as part of the broader considerations of workers' compensation issues; and to refer consideration of the adequacy of existing research, prospects for potential avenues of further research and suitable funding mechanisms to the appropriate Ministerial Councils.
WRMC media release
Indian commission rules asbestos exposure a human rights violation
A Human Rights Commission in the Indian state of Kerala has ruled that exposing Indians to asbestos is a human rights violation. This paves the way for the eventual complete ban on asbestos and its products. On January 31, 2009, the Commission ruled that the government should take steps to phase out asbestos roofing from all schools in the state. The commission has directed the state government to replace the asbestos roofs of school buildings with tiles that are asbestos free. The government has been directed to make sure that no new school begins functioning with asbestos roofing in the future. The asbestos lobby in India has powerful interests and strong links to the government. The asbestos cement industry has experienced strong growth in recent times and its product has declined in price due to government support of the killer industry.
Ban Asbestos India
Nanotechnology News
European science commission links carbon nanotubes to asbestos-like risks
The European Commission’s Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) has released its new “
Risk Assessment of Products of Nanotechnologies”. In light of shocking new studies last year finding that some carbon nanotubes pose asbestos-like health risks, the SCENIHR draws particular attention to the health risks of carbon nanotubes. Carbon nanotubes are now used commercially in electronics, specialty car and aeroplane parts, reinforced plastics and polymers, fuel filters and sports equipment. The SCENIHR also warns that nanotubes made of other substances and materials such as nanowires that share the fibre like properties of asbestos are likely to also pose similar health problems.
On page 9 of its report the SCENIHR said:
"When nanotubes were found to have similar characteristics to some types of hazardous asbestos, it was demonstrated that similar inflammatory reactions can be induced by these specific nanotubes as induced by asbestos... The main conclusion of the studies on these specific carbon nanotubes relating to a risk for mesothelioma is that such a risk cannot be excluded... The possibility for chronic inflammation and mesothelioma induction should therefore be considered in the safety evaluation of that particular manufactured nanomaterial."
Friends of the Earth media release
SCENIHR Report
International Union news
International Unions call for decisive action on social justice
In a video message on the World Day for Social Justice, ITUC General Secretary Guy Ryder has called on governments to act together decisively to tackle the global economic crisis, by stimulating economies to create jobs, regulating the banking and financial sector, establishing real global governance and putting an end to the massive inequality which has characterised economies around the world. The ITUC and its affiliates are pressing the G20 group, the United Nations and national governments to listen to the voice of working people, and to make globalization work for rather than against them. Trade unions are demanding a seat at the table as the G20 works on the response to the crisis, and insisting that the G20 governments invite the UN’s International Labour Organisation to take a full part in their top-level meetings scheduled for London on 2 April.
Video message – ITUC
ILO Declaration
UK: TUC guide on Noise at Work
The TUC has produced a new guide for health and safety reps on Noise at work. The guide, which offers advice on what reps can do to ensure that their employer does not put the hearing of their workers at risk can be downloaded from the TUC site.
Noise at work – A guide for health and safety representatives
Research
Depression follows illness to work
Individuals returning to work following absence due to a physical condition such as back pain, cancer or heart disease are at risk of mild to moderate depression, researchers in the UK have found. But they say those who do become depressed worry about telling their employers. 'Returning to work, the role of depression', published by the Mental Health Foundation, details the findings of a research study carried out by Loughborough University. The researchers compared the return to work experiences of individuals with heart disease, back pain and cancer to individuals with depression and anxiety. They found almost half (45 per cent) of those with a physical condition experienced mild to moderate depression but were more worried about telling their employer about their mental health issues than their cancer or heart disease. The study found that while most line managers were initially supportive when a person returned to work, they were not aware of the long-term effects of a serious physical illness or condition upon an employee's ability to work and on their mental health. There was a consistent lack of follow-up by occupational health, line managers and human resources on employees' general health and psychological well-being after returning to work.Returning to work, the role of depression Full report Executive Summary
Source: Risk 393
WorkSafe News
Research finds 1 in 3 employers not serious about safety
Research commissioned by WorkSafe has found that one in three Victorian employers are not serious about safety. The research into attitudes of 1,160 Victorian supervisors, categorised them into six groups according to their attitudes about safety: carers and protectors; by the book; structure seekers; disgruntled; disconnected; and paper cutters. WorkSafe Victoria's workplace support and education division manager, Jill McCabe, said that the study found 33 per cent of supervisors were categorised as "disconnected" (14%) or "disgruntled" (19%). These supervisors belonged to workplaces where "upper management really don't seem to care about health and safety".
The "disconnected supervisor" personally cares about health and safety, while their senior management didn't, she said. Disconnected supervisors found it very difficult to raise issues and get them dealt with in the workplace. On the other hand, disgruntled supervisors have the attitude that if senior management doesn't care about safety, then they shouldn't either, she said. There was also a very small group (the paper cutters) that think the worst that could happen in their workplace was that someone could get a paper cut.
Jill McCabe speaks about the research
in a Safety in Action Conference video.
Safe Work Australia to be Executive Agency
Deputy Prime Minister, Julia Gillard, has announced that Safe Work Australia will be established as an executive agency. This means its establishment does not need to be approved by Senate and follows the withdrawal of the Safe Work Australia Bill 2008 from parliament after the Federal Government refused to make amendments suggested by the Senate. The move comes as unions and employer groups called for the new safety body to be truly tripartite and sought to have three representatives each. Instead, both unions and employers will each have two positions, with the rest of the body being made up from the states and their WorkCover authorities.
Workplace OHS
National safety campaign for young hospitality workers
Workplace safety authorities across Australia have launched a national workplace safety campaign targeted at new and young workers in the hospitality industry. The Heads of Workplace Safety Authorities (HWSA) will develop nationally consistent guidance material to help employers provide safer workplaces and better understand their obligations to new and young workers. The campaign aims to increase the awareness of new workers and those under 25, about their workplace health and safety rights and responsibilities. Often new workers, although experienced, may lack familiarity with the workplace, receive inadequate induction and training and insufficient OHS representation. As a result young workers are often vulnerable and at a higher risk of injury. The guidance material will provide practical information on a range of workplace health and safety issues including:
- Provision and maintenance of a working environment in which new and young workers are not exposed to hazards
- Information, instruction and training of new and young workers
- Supervision of new and young workers
- Consultation and ongoing communication with new and young workers about OHS issues
As part of the targeted intervention program, workplace safety inspectors and/or advisory officers will visit about 200 workplaces across Australia to provide practical advice and assistance about safety requirements specific to new and young workers.
VWA media release
Comcare releases literature review on aggression
Comcare has released a literature review on customer aggression. Employers are responsible for taking all reasonably practicable steps to protect their employees from the threat of customer aggression. The customer aggression literature review provides a great overview. It defines customer aggression and identifies measures that you can take to prevent and manage the risks associated with this occupational hazard.
Customer Aggression Literature Review
Useful Materials
Health & Safety Solutions:
- Pallets - Unloading items - using a bulk delivery method
- Identifying faulty portable electrical tools and equipment
- Pallets - Loading and unloading items - using vacuum lifters
- Pallets - Loading and unloading items - using automation
- All-terrain vehicles (ATVs) - Attachments, loads and towing
- Pallets - Handling items above shoulder height
- Preventing masonry structures from collapsing
Worksafe Prosecutions
Fine for horse trainer over quad bike death
A Western District dairy and horse training business was convicted and fined $250,000 last week after a young worker died and another was badly hurt when hit by a truck while riding a quad bike in 2007. A twenty-year-old stable hand was killed and a female co-worker was badly hurt and suffered permanent injuries when a truck hit a quad bike they were on as it crossed a road. Wootanga Park Pty Ltd pleaded guilty to two charges laid under the Occupational Health and Safety Act. The charges related to the company’s failure to have policies in place to ensure quad bikes were used safely (including the use of safety gear and a prohibition on pillion passengers), and the failure to provide adequate training and information to employees.
Warrnambool County Court Judge Gullaci said not only were the risks readily foreseeable, the remedies could be implemented easily and cheaply. The existence of an underpass meant it was not necessary to cross the road for significant parts of the day.
VWA media release
Transport company fined after spinal injury
Transport and logistics company Border Express Pty Ltd was convicted and fined $15,000 over an incident in which a worker suffered permanent neck injuries after being hit by a forklift at a Laverton North depot. The workplace had no traffic management plan nor any barriers or markings to ensure the separation of vehicles and pedestrians. Also, the company failed to induct employees, including the injured employee, in relation to traffic management issues at the workplace. WorkSafe had visited the site on a number of previous occasions following complaints about safety issues.
VWA media release
Woolworths pleads guilty over Return to Work failings
Supermarket giant, Woolworths Ltd, has pleaded guilty in the Dandenong Magistrates Court to failing to provide an injured worker with suitable employment, as is required under Victoria’s workers compensation legislation.
The Court heard that the injured worker was employed as a trainee night-fill manager at a Safeway store when he suffered a stress injury. His workers compensation claim was accepted and he was later certified by his doctor as having a capacity to return to work on alternative duties. Woolworths failed to provide suitable employment even after 8 months, however, despite the worker being certified as fit for alternative duties. Under the State’s workers compensation laws, an employer is required to provide employment to an injured worker who has a capacity for work. The company was fined $1000 without conviction and agreed to pay costs of $15,000.
VWA media release
Please note: Training on Return To Work obligations and rights is available at the VTHC. To find out more please visit the
VTHC RTW Unit webpage
.
International News
Chernobyl health research to examine
The Chernobyl accident in 1986 has created enormous public concern. Despite numerous studies, the exact consequences of the accident remain a matter of debate and the future directions of Chernobyl health research has been subject to wide differences of opinion. The International Agency for Research on Cancer project will investigate the state of research into the health consequences of the Chernobyl accident
To this effect, IARC is taking a coordinating role in a 'scoping study' of all relevant research to determine where future research efforts are most needed, and to advise on the potential value of proposed studies to public-health decision making. The Chernobyl accident led to the most serious exposure of a normal human population to ionising radiation, apart from the atomic bombings in Japan. Unlike the bombing, the health impact of Chernobyl has not been comprehensively studied. In some areas (eg thyroid cancer), research has been intensive and informative; in others, little work has been conducted. The validity of extrapolating radiation risk estimates mainly based on whole body exposures at the atomic bombings to exposures of public health is controversial but of great public concern.
IARC website
Working women labour rights webpages
An International Labor Rights Forum webpage on rights for working women says while increased access to employment has provided new economic and social opportunities for poor women, the jobs they occupy remain unregulated and unstable. ILRF, on a webpage with lots of useful links and resources, says women workers are systematically denied their rights to: regular pay and regular working hours; equal pay for equal work; permanent contracts; non-hazardous work environments; and freedom of association. It adds that organising against employment abuses 'is particularly difficult for women, because of the highly gendered nature of subcontracting and other forms of flexible work.'
ILRF Rights for working women webpages
Changing Times
Events
International Women’s Day
VTHC invites you to attend the International Women’s Day Rally next Friday 6 March. The rally will be held outside the State Library in Melbourne.
Contact Jennifer O'Donnell-Pirisi, Victorian Trades Hall Women's Officer for more information on 9659 3535 or email: jo'donnell-pirisi@vthc.org.au for more information.
Conferences and Seminars:
HazMat 2009 29 & 30 April
According to the organisers, HazMat is Australia’s leading conference on chemical management, hazardous substances and dangerous goods. Presentations cover current issues and future topics, such as Risk Assessment & Management; Major Hazards; Dangerous Goods; Security & Training and Chemical Management. Special registration arrangements can be made for unions and elected health and safety reps. More information
Making rights real
Victoria’s Charter of Human Rights and Responsibilities 2006 (Vic) has been in operation for over a year. The Victorian Human Rights and Equal Opportunity Commission is running seminars on how to use human rights and equal opportunity laws in the community and at work.
Find out more and register
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
At Trades Hall (Cnr Victoria and Lygon St, Carlton Sth)
Return to Work Unit
The 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. Check out the training scheduled for 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
Initial 5-Day Metropolitan (for Elected OHS Reps under the Victorian OHS Act - this course is approved by the VWA under Section 67)
March 23 - 27 Initial Carlton
March 30 - April 3 Initial Carlton
April 16, 17, 22, 23, 24 Initial Carlton
April 20 – 24 Initial Ringwood
Course hours: 9am - 5pm. Course fee $670.00
Initial 5-Day Country
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)
April 27 - May 1 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.
April 6 Legislative Update Morewell
April 7 Legislative Update Geelong
April 7 Legislative Update Carlton
Course hours: 9am - 4.30pm. Course fee $180.00
Go to the 2009 Training program page of the website for all the dates of upcoming courses, and to download an application form.