This week in SafetyNet: VTHC releases Asbestos Soil Contamination Standard, opportunity to push on airborne hazards, distilleries face their first OHS audits; introducing our new Hierarchy of Controls webpage; and $1.2 million fine in NSW asthma case.
A HSR writes to Ask Renata about her authority to survey her DWG. As always, we encourage you to send your questions to Ask Renata.
A forklift operator was fatally crushed in Tottenham, Thursday afternoon. It’s believed the 63-year-old worker was attempting to repair a ripped bag of animal feed when three one-tonne bags, that were stacked above, fell on him. WorkSafe is investigating.
We extend our deepest condolences to family, friends, and colleagues of the deceased. This tragic death could have been prevented. Another Victorian worker has not returned home to their loved ones, as they should have.
Mourn the dead, fight like hell for the living.
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
VTHC RELEASES ASBESTOS SOIL CONTAMINATION STANDARD
Victorian Trades Hall Council has released a new Standard regarding the asbestos contamination of soil. Unions and HSRs have long-held concerns that currect regulations and practices are insufficient to properly protect workers and members of the community.
View and download our Standard here.If you are concerned about asbestos let us know via our Asbestos Tipline.
OHS REPS – NEW HIERARCHY OF CONTROL WEBPAGE
The hierarchy of control is an important framework that organises hazard controls according to their effectiveness, starting with elimination and progressing through progressively less effective controls.
Higher-order controls are implemented at a systems level to change the work environment. Lower-order controls rely more on modifying worker behavior and are far less effective at making our workplaces safe.
Check out our new webpage to find our more.
WEEKLY COVID STATS
The number of people in hospital with COVID-19 has increased this week. The 7-day average is 160, compared to 128 last week.
Eagle-eyed readers will have noted we stopped reporting on both national and global COVID numbers.
As of April 13, 2024, the Worldometer is no longer being updated due to the unfeasibility of providing statistically valid global totals, as the majority of countries have now stopped reporting.
We will include updated figures when they are released.
ASK RENATA
Our workplace is psychosocially unsafe. We want to survey our Designated Work Group (DWG), but our employer insists that all surveys must be approved by the CEO before sending them out. Is this correct? How can we proceed without facing adverse actions from our boss?
Under section 58(1)(a) of the Occupational Health and Safety (OHS) Act, Health and Safety Representatives (HSRs) have the right to inspect areas where DWG members work. For the purposes of section 58, a psychological health survey is considered a form of inspection.
There is no requirement in the Act for manager approval when taking time 'off task' to exercise your HSR powers and survey your DWG. You are only obligated to give them reasonable notice, which is distinct from requiring their authorisation.
International News
US: SHORTER WORKERS NOT THE SOLUTION
Some states, including Missouri, are considering rolling back child labour protections in response to labour shortages. Republican legislators in Missouri want to remove a certification process that currently requires 14 and 15-year-olds to obtain a work certificate from their schools, along with parental consent, before they can work.
Wisconsin Assemblywoman Deb Andraca summed up the problem well when responding to a similar effort in her state, saying, ‘The solution to Wisconsin's worker shortages is not shorter workers.’
NZ: DETENTION FOR ELECTRICIAN IN FATAL WIRING CASE
An electrician in New Zealand has been sentenced to eight months of home detention and ordered to pay reparations after a building contractor died in an electric shock caused the electricians’ incomplete work.
Research
IDENTIFYING SUICIDE RISK: GENDER LANGUAGE CLUES
Research from UCLA analysed data from over 270,000 suicides in the US over 17 years, finding distinct differences in the language associated with male and female suicides; clues that could help identify those at risk and improve public health and workplace interventions.
Regulator News
DROPPED COVID PROSECUTION PROMPTS LEGISLATIVE REVIEW
Amendments to Victoria’s OHS and Inquiries Act are being considered to ensure the viability of certain OHS prosecutions following the withdrawal of COVID-related charges against the State Department of Health.
SA: DISTILLERIES FACE FIRST WHS AUDIT
SafeWork SA is conducting its first work health and safety audit of the distillery industry due to a significant increase in the number of distilleries and associated safety concerns. Over the past decade, the number of distilleries in the state has grown tenfold to more than 120.
OPPORTUNITY TO PUSH ON AIRBORNE HAZARDS
New workplace exposure limits (WEL) for airborne contaminants that will come into effect on 1 December 2026, provide HSRs an opportunity to argue for the application of these limits earlier based on the ‘state of knowledge.’
IT’S NEVER OK - GUIDANCE ON OVA PREVENTION
WorkSafe's ongoing campaign on occupational violence and aggression (OVA) will once again take centre stage over the coming days. The campaign highlights various types of unacceptable behaviours workers encounter regularly across a range of industries.
The aim is to increase awareness in the community and emphasise to employers that OVA is a serious workplace health and safety concern.
The campaign directs employers to It’s Never OK where they can find guidance on preventing and responding to OVA, along with information on support services available to employees.
Prosecutions
$1.2M FINE FOR RECKLESS CONDUCT IN FILTHY WORKPLACE
Orica has been fined $1.2 million for reckless conduct after a worker was exposed to a ‘filthy’ workplace environment 'year after year'. In late 2019, tests on the injured worker revealed elevated cobalt levels in his bloodstream, resulting in a diagnosis of occupational asthma.
COMPO FRAUDSTER MUST REPAY $73K
An injured worker who falsely claimed he was unable to work due to serious injuries from a truck crash received workers' compensation benefits but then worked as a truck driver for five transport companies without disclosing this to his doctor, insurer, or a medical examiner.
The truckie earned around $55,000 during this period while still claiming incapacity only to have the deception exposed when he mentioned his side hustle in social media posts.
As a result, he was ordered to repay over $73,000 in benefits and fined $10,000 for breaching the Workplace Injury Rehabilitation and Compensation Act.
UNPROTECTED VOID CLAIMS LIFE: PLASTERER FINED
A plasterer's labourer, recruited from Gumtree, fell approximately 3.2 metres through the first-floor stair void of a townhouse, sustaining life-threatening head injuries. He was transported to the Alfred Hospital by air ambulance but died the following day after life support systems were turned off.
Events
‘PURE RISK' PROSECUTIONS AT LABOUR LAW SEMINAR
HSRs are invited to participate in a Labour Law Seminar focusing on legal and policy issues related to 'pure risk' prosecutions under the Australian Work Health and Safety Acts.
Tuesday, May 21, 2024, at 5.30pm
Room 317 Level 3 Melbourne Law School
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 on gendered violence.
Check out our training webpage for more information.
OHS Team
http://www.weareunion.org.au