This week in SafetyNet: Research indicates 25-36% of Victorian workers are at high risk of injury; Canadian Mounties relaxed about cannabis rules; safety-first calls amid UK cold snap; rail safety laws under review; have your say on OHS sentencing; big wins on migrant worker protections and work-life balance; Coles engages a US defence contractor to install Bossware, your chance to stand with the Perfection 12, and much more.
A HSR writes to Ask Renata about the boss citing legal privilege when withholding documents, and as always, we encourage you to send in your questions to Ask Renata.
For OHS news and helpful information, please visit the We Are Union: OHS Reps Facebook page.
To access previous issues, you can visit our SafetyNet Archive.
Union News
COLES DEPLOYS INVISIBLE BOSSWARE
Coles supermarkets' partnership with Palantir Technologies, a US defence contractor, to analyse vast amounts of data should send shivers down the spine of supermarket workers and shoppers alike.
Their stated aim is to ‘enhance operations, optimise workforce management, and cut costs.’
SIGNIFICANT OHS WIN: ‘RIGHT TO DISCONNECT’ LAW
The Senate has passed legislation establishing the Right to Disconnect in Australia, hailed as a significant victory for work-life balance. Australian workers now have rights such as setting clear working time boundaries and refusing work-related contact outside of working hours without repercussions.
CRIMINAL SANCTIONS FOR MIGRANT WORKER EXPLOITATION
After years of committed campaigning, the Migrant Workers Centre is celebrating recent changes to the Migration Act, which offer stronger protections for migrant workers and harsher penalties for exploitative employers.
Migrant workers often face challenges in exercising their rights, including OHS protections, due to fear of losing jobs or residency status.
BREAD & ROSES REVIVED: 'PERFECTION 12' SONG RELEASE
SafetyNet subscribers will recall last week’s appalling story of sexual harassment experienced by the twelve UWU members who’ve filed a major sexual harassment case against Perfection Fresh.
To amplify their struggle for justice, the ‘Perfection 12’ have launched an album of songs, including a reimagined version of the historic Bread and Roses, a song that symbolises the fight for equality and justice, with origins dating back to the Lawrence textile strike in Massachusetts in 1912.
SAFETY IN WORKPLACE REFORMS: TWU FIGHTS 'AMAZON EFFECT'
Workplace Relations Minister Tony Burke has claimed the Closing Loopholes No 2 legislation will achieve several significant objectives, particularly relevant to HSRs, while the TWU has vowed to tackle what they’re calling ‘the Amazon Effect' by leveraging transport industry unanimity to establish fairer, safer standards for transport workers.
COMMUNITY INPUT WANTED: OHS SENTENCING REVIEW
As reported last week, the first major review of sentencing outcomes for OHS offences in nearly two decades is currently being conducted by the Sentencing Advisory Council which will host community conversation sessions across regional Victoria and metropolitan Melbourne in February and March.
The Council says...
'At those events, we'll be sharing the details of a real-life OHS case and asking those who attend to sentence the case themselves and explain their decision to us. The results of that consultation will be one of the primary means by which the Council will ascertain community expectations, and we want to make sure there are diverse ranges of views in the room, including from employers, employeesand unions.'
ASK RENATA
I'm getting resistance from my employer when I try to gather information about hazards at work. My boss claims the documents in question are protected by 'legal privilege'. What does this mean, and how does legal privilege impact my employer’s obligations under our OHS Act?
Section 69 of our OHS Act requires employers to provide certain information to HSRs regarding workplace hazards and employee health and safety. However, there's uncertainty about whether this obligation extends to privileged information.
There are two types of legal privilege:
Advice privilege: confidential communication providing legal advice.
Litigation privilege: confidential communications about current or anticipated litigation.
COVID NUMBERS – ICU ADMISSIONS UP
Victorian data taken from Department of Health Weekly Report 9 February 2024.
The number of people in hospital with COVID-19 has continued to decline this week. The 7-day average is 180, compared to 196 last week.
The 7-day average of ICU patients increased this week (7 to 9).
Research
25-36% VICTORIAN WORKERS AT HIGH RISK OF INJURY
A recently published study funded by WorkSafe from Monash University has analysed OHS data from 2053 Victorian workers from a broad array of jobs, industries, and social backgrounds.
Its summary report suggests 25-36% of workers are at high risk for future workplace injury with high-risk factors include having more than one job, low household income, and working for government, education, or retail sectors.
Regulator News
RAIL SAFETY LAW UNDER REVIEW
The National Transport Commission (NTC) is conducting a review of the Rail Safety National Law (RSNL), with review recommendations and the final report expected by mid-2024.
The review aims to examine the efficiency and flexibility of the RSNL Act of 2012 in supporting safety aspects of broader rail industry reforms in the current context.
SOME QUESTIONS FOR THE BOSS
WorkSafe is inviting workplace leaders - CEOs, employers, senior managers, managers, supervisors - to complete a 10-minute survey intended to assist the regulator in determining how best to support HSRs. The survey is live and will close on February 29, 2024, with responses remaining confidential.
Send your boss this survey link
Prosecutions
DANGEROUS GOODS BREACHES: WEST POINT FINED $47K
West Footscray distribution and warehousing company, West Point (Vic) Pty Ltd has been fined $47,000 for unsafe storage and handling of dangerous goods after pleading guilty to four charges under the Dangerous Goods Act and Regulations.
CRUSHED IN COLLAPSE: CARLISLE HOMES CHARGED
WorkSafe has been charged Carlisle Homes Pty Ltd after a contractor was seriously injured in a collapse at a construction site in Glen Waverley in February 2022.
FATAL ROOF FALL: NURSERY CHARGED
WorkSafe has charged a nursery and horticulture supply company in Monbulk after a worker fell through a polycarbonate shed roof and died.
International News
CANADA: MOUNTIES RELAX CANNABIS POLICY
The Royal Canadian Mounted Police (RCMP) has relaxed its policy on recreational cannabis use for its members, now requiring them only to be fit for duty when reporting for work. This change replaces the Mounties’ previous policy from 2018, which mandated a four-week abstinence period before duty.
UK: 'SAFETY FIRST' CALLS AMID COLD SNAP CHAOS
The Trades Union Conference (TUC) is urging bosses to be understanding during cold weather forecast for much of north Wales and northern and central England.
US: DEADLY THIOKOL EXPLOSION REMEMBERED
February 3 marked the 53rd anniversary of the catastrophic 1971 explosion that occurred at the Thiokol Chemical Corporation Plant in Woodbine, Georgia, resulting in the deaths of 29 workers and injuries to over 50 others.
Most of those who lost their lives were Women of African American background employed by Thiokol to make trip flares for the U.S. Army's use in the Vietnam War.
NZ: FINES FOR TEEN CONSTRUCTION FATALITY
A teenager, 19 years old and just four months into a building apprenticeship, died at a residential construction site in the Bay of Plenty region on New Zealand's North Island after being struck by timber framing.
Events
WOMEN HSRS - LEADERS AT WORK NETWORKING NIGHT
WRAW Fest is celebrating all women leaders of our movement, including women HSRs and those interested in becoming one! Join us for an online panel discussion with women HSRs from various industries, followed by a networking session and a WRAW Chat for women HSRs to share experiences, challenges, opportunities, and support for our union sisters in workplace leadership roles. This event is open to all women and gender diverse individuals only.
When: Monday, March 25, 6:30 pm - 7:45 pm
Where: Zoom (Register to receive the link on the day)
INTERNATIONAL WOMEN'S DAY RALLY - END THE SILENCE!
For too long, the patriarchy has tried to silence us. This International Women’s Day, we refuse to stay silent. Instead, we're raising our voices for justice, safety, respect, and equality for all women. Join us as we rally through Melbourne together on Thursday, March 7th at 5:30 pm and demand real action. What won't you be silent about? What action do you want to see? We welcome and encourage all women, cis and trans, non-binary and gender-diverse folks of all ages, sizes, colors, races, sexualities, identities, religions, and cultures, as well as our allies and comrades, to attend the rally.
Where: State Library of Victoria, Corner Swanston and LaTrobe Sts, Naarm, Melbourne
OHS TRAINING UNIT
The Victorian Trades Hall Council’s OHS Training Unit is one of the most experienced training providers in Victoria.
We have delivered OHS training to tens of thousands of Health & Safety Reps across Victoria since 1983.
We deliver high quality WorkSafe Approved training that is practical and solution-focused in multiple locations around Melbourne’s suburbs and regional Victoria.
- 5 Day HSR Initial OHS Training Course Fee - $950 (inc GST)
- 1 Day HSR Refresher Training Course Fee - $350 (inc GST)
Click on the links below for dates and locations.
HSR Initial OHS Training Course
HSR Refresher OHS Training Course
VTHC also offers tailored training, including for managers and supervisors, on Comcare, and gendered violence.
Check out our training webpage for more information.
OHS Team
http://www.weareunion.org.au