Issue 164 - SafetyNet Journal 164
Welcome to SafetyNet Journal 164 - Your source for the latest in OHS news from Australia and around the world.Union News
Research
WorkSafe News
Worksafe Prosecutions
International News
Events
Union News
Activities for reps
New campaign on OHS laws launched on Workers Memorial Day
Workers Memorial Day was commemorated on 28 April 2009 and a new safety campaign launched to highlight the risk posed by changes to OHS laws. Trades Hall and IDSA conducted a memorial event at Argyle Square, honouring the memory of those who’ve died at work. Workers Memorial Day is a powerful reminder that every workplace death has far-reaching consequences and is a tragedy for families, loved ones and colleagues. This week saw the year's 12th workplace fatality after a man in Ballarat was overcome while working inside an underground gas tank.
Unions are campaigning to ensure workers have the highest standard OHS laws resulting from the Model OHS law that is currently being developed. Unions are calling on the State and Federal Governments to not settle for 2nd Rate Laws. The VTHC has launched a campaign via the OHS Reps website to lobby Tim Holding, Victorian State Minister for WorkCover, urging him not to adopt some recommendations from the Review Panel published earlier this year. Go here to tell the Government, Don't Risk 2nd Rate Laws.
Workers face watered down health and safety laws which will strip them of rights which are crucial to real workplace safety. Among these are the right to raise an OHS issue with their OHS Rep, along with the right to raise these safety concerns anonymously. OHS Reps, long a core element of the success of Victorian OHS legislation and a role model for the rest of Australia and recognised internationally, face threats to their rights. The model laws propose changes that threaten a rep’s training rights and threaten dismissal for fulfilling the functions of their role. This along with changes to risk management and a move away from a truly tripartite body to represent the views of workers (through unions), government and employers, will leave all workers worse off.
Sign the letter to Tim Holding – Don't Risk 2nd Rate Laws Workers Memorial Day
ACTU media release
Construction workers rally to call for abolition of ABCC
An estimated 10,000 construction workers rallied at Trades Hall on Workers Memorial Day before marching to the headquarters of the Master Builders Association to demand the abolition of the Australian Building and Construction Commission (ABCC) and its coercive powers which unfairly target construction workers. At the conclusion of the meeting outside the MBA, Brian Boyd, VTHC Secretary read to the thousands of building workers the “Refuse to Co-operate” resolution passed previously at the shop stewards’ rally held back on April 7. It read: “This meeting of shop stewards/delegates condemns the use of the coercive powers by the ABCC. We call on all Union officials and construction workers to refuse to participate in such interrogations.
“In event of any person being imprisoned or otherwise penalised for refusing to co-operate with the ABCC we pledge our full support and call for a national industrial response from the construction unions, the ACTU and all affiliates”.
VTHC news release
IWMD commemorated internationally
Worldwide more than 14 million people were expected to participate in over 10,000 IWMD activities on April 28. It was the 14th time the event was recognised internationally and the International Labour Organisation used the occasion to note that there is a clear global trend in recent years toward an increase in fatalities and injuries at work. More than 337 million accidents causing more than 4 days of absence from work were reported for the year 2003 alone, the most recent year for which global statistics are available. In the same year, 2.31 million people lost their lives to workplace diseases and the 358,000 fatal accidents which took place. The recorded number of deaths caused by hazardous substances almost doubled in comparison with 2001. The UK government has announced plans to officially recognise Workers Memorial Day and Prime Minister, Gordon Brown, praised the role of unions and HSRs in making workplaces safer.
ITUC media release TUC media release Hazards WMD site
Gas worker dies after being overcome by fumes
A gas worker died in Ballarat after being overcome by fumes while working in an underground LPG tank on Wednesday 6 May. WorkSafe says the man was working on the valves and pipes of an underground 16,000-litre LPG tank. Ambulance Victoria says a passerby administered CPR to the man before paramedics arrived and attempted to revive him. WorkSafe is investigating the incident.
The Age
Ambos look to strike action as fatigue worsens
Paramedics plan to enforce 10-hour fatigue breaks between shifts as part of Victoria’s first ambulance strike in 36 years. The action is aimed at ensuring they are properly rested and that any risk to the Victorian community from fatigued paramedics is reduced. Year-long pay talks have broken down and a major sticking point is the State Government’s refusal to support minimum 10-hour fatigue breaks between shifts, an increase of two hours.
“Our industrial action will be focused on reducing paramedic fatigue and providing Victoria with a safer ambulance service,” said Steve McGhie, Ambulance Employees Australia State Secretary.
“We are simply following advice from WorkSafe Victoria who say breaks of less than 10 hours between shifts are a fatigue hazard.”
The union will apply to the Industrial Relations Commission on Monday to implement a campaign seeking enforced ten hour fatigue breaks as part of a list of 19 different types of industrial action including bans on overtime and returning to work during rest breaks. Overtime is a major contributor to paramedic fatigue. Documents released under FOI last year revealed regional paramedics averaged 55 days of overtime in a year, equivalent to eleven 38-hour weeks, while those in the metro area averaged 32 days.
AEA – Response Time website
Ask Renata
I just started a new job and was told by my boss that they want a OHS rep for a particular area, and he would like me to take on the role. I indicated to him that I would consider it once my probation was up and I was a full time employee. Can he make someone take on this role as I would prefer not to as I have a huge job in front of me just learning my new job. I asked about training to be the OHS rep and he said not likely!
No, an employer cannot make someone take on the role of OHS rep, and in fact, the employer should have absolutely NO ROLE in deciding who the rep for a particular area is. Under the OHS Act, the OHS rep is someone who is ELECTED by the workers of that area (officially known as the 'Designated Work Group' DWG). This person is the representative of those workers, and his/her role is to take issues up with the employer. The rep has a number of powers under the Act to help with this. It's very important that the rep is someone who is chosen by the workers and is known and trusted by them.
It's not appropriate for the boss to be nominating someone much less a totally new person that the other workers really don't know. You would be putting yourself in a very awkward position, as they would probably see you as the boss's rep, not theirs. The rep has to be the DWG rep, not the boss's rep.
Then, if you were to raise something with the boss and he didn't like it - even a legitimate ohs issue that concerned you or the guys in the DWG, AND you were still in the probationary period, then the boss would be able to terminate you and you would have very little chance of a comeback.
So, you're wise not to take it on at this stage. If at a later stage you are interested in putting your name forward for election, then go ahead. Under the Act an elected rep has the right to attend an approved 5 day initial course of their choice, and should do so as soon as possible after election.
Check out the followin pages on the website, and also you can check the advice from WorkSafe in their publication Employee Representation.
OHS Reps pages: Election of reps; Role of reps; Right to training.
Do you have an OHS-related query? If so, Ask Renata.
Flu pandemic preparedness
The World Health Organisation has declared that a flu pandemic is imminent. With Australia and the rest of the Southern Hemisphere heading into peak flu season there is an increased vulnerability here. Whilst there have been no cases of swine flu in Australia, companies and workplaces are being advised to prepare for the possibility of a genuine flu pandemic. Reps should keep up-to-date with the latest news, and think about the likelihood that this may be a hazard in their workplace.
The Australian Medical Association (AMA) has recommend workplaces adopt hygiene measures to battle the swine flu pandemic. According to the AMA, good personal hygiene will help reduce the transmission of swine flu in workplaces. It recommends that everyone in a workplace:
- washes hands regularly with soap and water
- uses alcohol-based sanitisers
- covers their mouths while coughing or sneezing
- disposes of used tissues appropriately.
Employers should be developing pandemic preparedness plans - in consultation with elected health and safety representatives. This would include procedures to identify any situations where the virus might be spread (for example employees returning from overseas travel) and appropriate controls. The employer should ensure that any employees returning to work (particularly from Mexico or US border-states) and experiencing flu symptoms see their general practitioner to avoid putting others at risk.
Comcare advises that organisations now consider reviewing and implementing their flu pandemic preparedness plan to prepare for a potential Swine Influenza outbreak. If your organisation has yet to develop a flu pandemic preparedness plan, Comcare suggests that you do so immediately using the Department of Prime Minister and Cabinet’s publication Pandemic Planning In The Workplace [pdf].
See the OHS Reps – Swine flu hazards page for more information on pandemic preparedness.
NSW Nurses seek greater penalty rates for shift work
Nurses and midwives in New South Wales public hospitals are seeking a substantial increase in penalty rates in response to health concerns. The NSW Nurses Association has applied to the state's Industrial Relations Commission to have the penalty rate on night shifts increased from 15 to 25 per cent. It also wants night penalties to apply on top of weekend allowances, resulting in a pay rise of almost $130 for nurses doing a full week of night shifts. he association's Brett Holmes says it is the first time the rate has been reviewed since 1975.
"Since that time there has been extensive research into the impacts upon shift workers and in particular nurses," he said.
"Serious health problems including breast cancer, cardiovascular disease, gastro-intestinal disorders and reproductive health problems have been identified and will be put forward in our case." Mr Holmes also says the state's nurses receive the lowest night shift penalty rate in Australia.
ABC news OHS Reps page on shift work
Asbestos News
Asbestos presence confirmed in Aboriginal communitiesTests have confirmed the presence of asbestos in an aboriginal community in New South Wales. As reported by ABC News, samples taken from materials left in the area’s Wallaga Lake homes following the demolition of old properties in the 1990s were recently found to test positive for asbestos. As noted in the ABC report, the samples contained two types of asbestos Chrysotile and Amosite. The next step will reportedly be to assess the volume of the toxic mineral present throughout the area.
Meanwhile cleanup of asbestos debris has begun in the central Australian community of Areyonga. Asbestos was identified in rubbish dumped next to the sporting oval last year and residents raised concerns about it again last month. The Federal Indigenous Affairs Minister, Jenny Macklin, said at the time she had sent asbestos experts to the community but they reported that the material did not pose an immediate health risk if left undisturbed.
Asbestos in varying conditions has been identified in 62 of 73 communities tested in the Northern Territory. The work in Areyonga is expected to be completed by the end of this month.
ABC news
Nanotechnology News
NSW Governments backs down on key recommendations for nano safety and consumer choice
The NSW Government has released its official response to recommendations made by the 2008 NSW Parliamentary Inquiry into Nanotechnology. Friends of the Earth Australia has expressed disappointed that the Government has failed to accept the Inquiry’s recommendation to regulate nanoparticles as new chemicals, which would have required safety assessment of nanoparticles before they can be used commercially, which leaves open a major regulatory gap. The Government has agreed to explore the possibility of mandatory labelling of nano-ingredients in sunscreens and cosmetics. However it has rejected the Inquiry’s recommendation for NSW to seek mandatory labelling of nano-food. Polling commissioned last year by Friends of the Earth found that 92% of the Australian public supports mandatory labelling of nano-ingredients in food and food packaging. The NSW Government will not proceed with a state based mandatory labelling scheme for nanoparticles used in workplaces, in the absence of a national labelling scheme. In the United States, where the national government is similarly slow to respond to nanotechnology’s regulatory challenges, states such as California have taken their own initiative.
FoEA Nano News April 2009
European MEPs call for tough new action on nano
In contrast to the moves in NSW, the European Parliament last week backed a report by Swedish Green Carl Schlyter urging the European Commission to take tough new action on nanomaterials. Members of the European Parliament (MEPs) said all nanomaterials should be considered as new substances, and warned that existing legislation does not effectively manage the risks associated with nanotechnology. The report follows the adoption by the European Parliament’s Environment Committee of a report calling for products containing nanotechnology which are already on the market to be withdrawn until safety assessments can be made. The Environment Committee called on the European Commission to implement the principle of 'no data, no market' for all nanomaterials until all legislation is reviewed.
Euractiv Food Production Daily FoEA Nano News
International Union News
UK First charges under Corporate Manslaughter Law
For the first time charges have been brought under of the Corporate Manslaughter and Corporate Homicide Act 2007. The Crown Prosecution Service authorised a charge of corporate manslaughter against Cotswold Geotechnical Holdings Ltd in relation to the death of Alexander Wright in September 2008. Mr Wright died when an excavated pit from he was taking soil samples collapsed, crushing him. Under the Corporate Manslaughter and Corporate Homicide Act 2007 an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the person who died. A substantial part of the breach must have been in the way activities were organised by senior management.
Risks 404
Research
Study links stress, computers to musculoskeletal pain
A Sydney University study of 1300 Australian Public Service staff reveals that musculoskeletal symptoms are more likely caused by high workloads and tight deadlines than by posture or other physical factors, the Community and Public Sector Union (CPSU) reports. Karin Griffiths, one of the researchers and a CPSU member, said that unmanageable workloads and unrealistic deadlines were among the stronger predictors of neck and back pain and employers should recognise the contribution of work stress to physical ill-health.
"When you have staff doing a job that is already computer based, then give them higher workloads, tighter time constraints and more deadlines, the evidence suggests that you substantially increase the risk of musculoskeletal symptoms," she said. Further, the study revealed that working in front of a computer for six or more hours a day increased the risk of musculoskeletal problems by up to 230%, while working in front of computers for eight or more hours increased the risk by up to 500%. Griffiths said that increased computerisation was a health hazard for the Australian public sector where 80% of staff spends three-quarters of their working day at a computer. "Advances in technology have created a sedentary environment in our working lives. Instead of getting up to go to the library, consulting a manual or even talking to a colleague, it’s all done from our desks," she said.
Source: Workplace OHS
Almost all teachers have been bullied according to national study
A national online survey of school teachers has shown that almost all of the participants have been the targets of some form of workplace bullying, often by senior staff or the principal. A University of New England study of 800 school staff members from government and non-government primary and secondary schools found 99.6 per cent of staff had experienced one or more of 44 types of bullying identified in the survey. In the report, the research team said the results showed bullying of staff "does occur at Australian schools". Some of the 44 types of bullying listed in the survey included tasks set with unreasonable or impossible targets or deadlines, attempts to belittle and undermine a staff member's work and areas of responsibility removed or added without consultation.
University of New England media release The Australian report OHS Reps page on Bullying
Employers must manage mental health issues: Report
A UK study says employers should do more for the mental wellbeing of staff returning to work after sick leave. The report, Returning to work, the role of depression, said employees who accessed services like counselling and cognitive behaviour therapy returned to work sooner and made quicker recoveries. It said those returning to work after mental health episodes found it harder to adjust than those with physical conditions because line managers and colleagues had little understanding about depression and anxiety. The research, conducted by Loughborough University’s Department of Human Sciences for the UK Mental Health Foundation (MHF), compared return-to-work experiences of individuals suffering heart disease, back pain and cancer to those with depression and anxiety. The report said 45% of those with physical conditions experienced mild-to-moderate depression but were more worried about telling bosses about psychological issues than their cancer or heart disease, even though depression impacted on their wellbeing and ability to function at work.
Mental Health Foundation
WorkSafe News
Risks to life and limb identified in Cranbourne
WorkSafe inspectors issued six Prohibition Notices during a week-long inspection campaign in Cranbourne from 20 - 24 April ordering work to stop because of serious and immediate risks to workers’ safety. Inspectors were in the Cranbourne area as part of a ‘Safer Work Zones’ campaign, which aims to help small businesses improve health and safety and Return to Work. WorkSafe is concerned that despite advising workplaces that inspectors would be in the area, serious safety issues were still identified: WorkSafe inspectors visited 147 Cranbourne workplaces as part of the campaign. Apart from the Prohibition Notices, 71 Improvement Notices were issued ordering specific safety issues to be fixed. Another 21 safety issues were fixed on-the-spot while inspectors were present. These included the removal of tripping hazards, incorrectly storing LPG cylinders and basic forklift maintenance.
VWA media release
SWA updates Hazardous Substances Information System
Safe Work Australia has updated the Hazardous Substances Information System (HSIS) online database to reflect changes in Europe’s 30th Adaptation to Technical Progress to Directive 67/548/EEC.
The HSIS online database is an internet resource that allows users to find information on substances that have been classified in accordance with the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(2004)] 3rd Edition and/or have National Exposure Standards declared under the NOHSC Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)].
SWA news release
National Safe Work Australia Award winners announced
The winners of the 2008 national Safe Work Australia Awards were announced by the Hon Julia Gillard MP, Minister for Employment and Workplace Relations in an evening ceremony held 28 April 2009 at Parliament House. Thirty-seven finalists from a broad range of industries and organisations competed in five categories, ranging from the best workplace health and safety management system to the best individual contribution to workplace health and safety.
The winners for 2008 were:
Category 1: Best Workplace Health and Safety Management System - ETSA Utilities, South Australia.
Category 2: Best Solution to an Identified Workplace Health and Safety Issue - The Dorsal Boutique Hotel, New South Wales;
Category 3: Best Workplace Health and Safety Practices in Small Business - WP Projects, New South Wales;
Category 4: Public Sector Leadership Award for Injury Prevention and Management - Eraring Energy, New South Wales;
Category 5: Best Individual Contribution to Workplace Health and Safety - Viki Coad, South Australia.
SWA media release
Unions welcome increase to Comcare death benefits
Unions have welcomed the Federal Government decision to increase the death benefits for workers covered under the Comcare system from $224,494 to $400,000. The changes to the Safety, Rehabilitation and Compensation Act 1988 will also see benefits increase for dependant children from $72.98 to $110 per child per week. The ACTU says while no amount of monetary compensation can replace a beloved family member, it welcomes the increase, which it has been lobbying for. However, the ACTU is concerned that the increased benefits would only apply non-retrospectively in the future, passing over the families of workers killed over the past 12 months. It has also called on the Federal Government to release the response to the Comcare Review which has been with the government for over 10 months.
Safe To Work
Useful Materials
WorkSafe:
- Overview of how inspectors deal with specific issues
- Service stations - Filling portable containers with flammable liquids
- Machine guards must be fitted
QLD: Queensland’s Department of Mines and Energy has released three safety alerts:
- General mine Safety Alert: Fatal Impact of Light Vehicle into Rear of Heavy Vehicle [pdf]
- General mine Safety Alert: Arcing Fault Causes Flash Burns and Equipment Damage [pdf]
- Underground coal mine Safety alert: Flameproof Alternator Electrical Protection [pdf]
Worksafe Prosecutions
Companies fined after worker arm severed
A clothing recycler and labour hire company have each received fines of over $30,000 over an incident in which a worker’s arm was severed in April 2008. Southern Cross Recycling and labour-hire firm GTEWPM each pleaded guilty to charges under the OHS Act for failing to provide a safe workplace. The worker had his arm severed while working on a large hydraulic baling machine which was inadequately guarded. It took three separate surgical operations to reattach the limb. It was noted in court that the labour hire company had done nothing to check on safety measures at the workplace since the worker had commenced there 6 weeks earlier.
VWA news release
$60,000 fine over fall leading to paraplegia
A carpet manufacturer and its maintenance service provider were fined $30,000 each over an incident in which a worker fell 3.8 metres onto a concrete floor while dismantling an unused wool blending bin. Tuftex Ltd and Tuftmaster Ltd faced charges in the Heidelberg Magistrate’s court over the May 2007 incident. The court heard there were no documented work plans, job safety analysis, or risk assessments produced for the demolition. There was no fall protection provided to the workers tasked with the demolition. Two workers on the roof were injured when the panel they were standing on gave way. One fell to the floor below while the other managed to grab hold of something and lift himself back onto the roof.
VWA news release
International News
USA: Blast 'could have eclipsed' Bhopal
A US chemical plant explosion could have surpassed the 1984 Bhopal disaster, according to a report released this week by congressional investigators. The 28 August 2008 explosion at the Bayer CropScience Institute plant, in which two workers died, turned a 2.5-ton chemical vessel into a 'dangerous projectile' that could have destroyed a nearby tank of the deadly Bhopal chemical methyl isocyanate (MIC), according to the report by House Energy and Commerce Subcommittee staff. Committee investigators found that the tank that exploded, known as a residue treater, 'rocketed 50 feet into the air, twisting steel beams, severing pipes, and destroying virtually everything in its path.' The explosion 'came dangerously close' to compromising an MIC storage tank 80 feet away, congressional investigators concluded. Had the residue treater hit the MIC tank, 'the consequences could have eclipsed the 1984 disaster in India,' they concluded.Risks 403
Events
Seminar
Trade Policy and Perils: How significant are the health hazards associated with importing products from China?
Thursday 14 May 5:30pm
The Centre for Public Policy, in association with Melbourne Business School, will be hosting an event on the topic of Trade Policy and Perils: How significant are the health hazards associated with importing products from China? This public seminar will be presented by Dr. Dennis Paustenbach, President and founder of ChemRisk in the United States. In this seminar, Dr. Paustenbach will give a background to and scale of the problem and present several recent case studies involving consumer products that have resulted in health risks to consumers in the United States. He will summarize the lessons learned and offer suggestions for Chinese manufacturers and Australian importers to help minimize these risks in the future.
Location: Physiotherapy Theatre, 200 Berkeley Street, Carlton. This is a free public event and there is no need to RSVP. The event should conclude by 7:00pm. For more information visit the website.
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 schedule for 2009.
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)
May 18 – 22 DEECD (Education) Carlton
May 18 – 22 Initial Carlton
June 3, 4, 5, 11, 12 Health Carlton
June 22 – 26 Initial Carlton
Course hours: 9am - 5pm. Course fee $670.00
Initial 5-Day Country
June 29 – July 3 Initial Geelong
Course hours: 9am - 5pm. Course fee $690.00
Comcare 5-Day OHS Reps Course (for Elected OHS Reps under the Comcare Act)
July 13 - 17 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.
June 18 and 19 Carlton
Course hours: 9.30am - 4.30pm. Course fee $350.00
1-Day Refresher
The Refresher course is approved by the VWA under Section 67 of the Victorian OHS Act 2004 for elected reps and deputies.
June 15 Legislative Update Carlton
June 16 Psychological Hazards Carlton
July 27 Psychological Hazards 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.