For the latest update on OHS News and information from across Australia.

OHS News - Febuary 2008

SA: Company Fined For Crane Accident

Friday Febuary 29 2008 5:14p.m. Source: SafeWork SA

A Whyalla engineering company has been fined $32,000 plus costs over an incident in June 2005, that left a 34 year old man with multiple serious injuries after he was run over by a mobile crane.

Multi-Skilled Engineering Pty Ltd received the penalty today after pleading guilty to one count of breaching Section 19 of the Occupational Health Safety and Welfare Act 1986 in failing to ensure the safety of an employee.

SafeWork SA prosecuted the firm after investigating how the man was struck during an operation to shift an eight metre long steel beam. In that procedure, the worker was engaged in ‘dogging’ or attempting to guide the load.

The court was told that after the driver lost sight of the man, he was knocked to the ground where the crane’s right wheel ran over the worker’s left leg, and torso before another colleague saw the incident and alerted the driver to stop.

As a result, the worker suffered multiple fractures and internal injuries, described by Industrial Magistrate Stephen Lieschke as serious and life threatening. Despite enduring considerable pain and stress with the likelihood of more surgery ahead, the injured worker has recovered sufficiently to return to his old job.

SafeWork SA’s investigation revealed a number of shortcomings:
• Inadequate hazard identification and risk assessment
• Failure to ensure the driver kept a proper lookout
• Inadequate communications for the task performed
• Lack of high visibility clothing
• No formal qualifications held by the injured worker to perform ‘dogging’.

Magistrate Lieschke said the ultimate cause of this incident was the failure of the employer to devise and implement a safe system of work:

“These failings when applied to hazardous work, contributed to extremely
serious injuries with long term consequences to (the worker), and gave rise
to a real prospect of death.

While the company took action to improve its workplace safety systems after the event, SafeWork SA Executive Director, Michele Patterson says it’s another obvious and tragic example of the consequences of not factoring safety into the core business of work.

OHS NEWS TIP - Crane Safe Work Method Statement

QLD: Workers Swap Cash For Danger

Wednesday Feburary 27 2008 5:37 p.m. Source: Gold Coast Daily

ONE third of employees believe their work equipment is hazardous but more than a quarter would compromise their health for danger money, a new survey shows.

The survey, conducted by network company LinkMe.com.au, also found that 40 per cent of people felt their employer did not care about their health and safety concerns.

The survey of about 1500 people found more than a quarter would compromise their wellbeing at work in return for more money.

Eighteen per cent of those respondents would accept $10,000 as the minimum pay rise to compromise their health and safety, 17 per cent would accept $5000, 9 per cent would accept $3000 and 15 per cent would accept just $1000.

``The fact that Australian workers are so desperate for money that they would compromise their own health and safety for a mere $1000 reflects a cavalier or even desperate part of Australian working life,'' LinkMe.com.au CEO Campbell Sallabank said.

With more than 30,000 claims for workplace compensation in 2007, the lack of Occupational Health and Safety concerns is a multi-billion dollar cost to Australian businesses every year, he said.

``A formal process for rectifying OH&S issues is essential in the modern workplace.

``Implementing a committee responsible for ensuring that concerns are dealt with swiftly and effectively is one tactic companies can adopt to deal with the issue.''

Forty-two per cent of people surveyed continue to use unsafe equipment because they felt they had no other choice, while 31 per cent said the nature of their work was always going to be detrimental to their health.

Twenty-eight per cent believed nothing would change even if they made a complaint and 16 per cent were concerned that complaining might threaten their job security.

Mr Sallabank said it was not enough to protect just employees from OH&S issues.

``According to the Federal Government, every business has a responsibility to ensure that its workplace doesn't create health and safety problems for customers and the general public.

``The cost of creating a safe work environment is strongly outweighed by the potential expensive cost of compensation claims, not to mention the moral reputation of the company.''

QLD: Dive Operators Fined $15,000

Wednesday Febuary 27 2008 Source: The Courier Mail

A NOW-defunct Brisbane scuba diving company and its former owner have been hit with a $15,000 fine and a good behaviour bond following the death of a diver in 2005.

Former company director of Pro Dive Bulimba, Mark Stanley Thomas, pleaded guilty in the Brisbane Industrial Magistrate's Court to having failed as executive officer to ensure the company complied with the Workplace Health and Safety Act.

A 45-year-old Brisbane man died on March 28, 2005 after a dive with the company near Flinders Reef off Moreton Island. Police said initial investigations at the time revealed he died of respiratory heart failure.

Billionaires in Business Pty Ltd, trading as the now-closed Pro Dive Bulimba, pleaded guilty to having "failed to ensure a safe system of work for diving during a student training course conducted under the PADI diver certification system".

A Workplace Health and Safety spokesman said the dive company admitted to failing to develop a regular inspection program to test and certify the accuracy of depth gauges used in dive training and failing to inspect depth gauges for accuracy.

It also admitted to failing to accurately record depths shown on dive computers and the oxygen content of gas used by a diver, on a dive safety log and gas cylinder, and failing to conduct adequate gas analysis to verify the oxygen content of gases used for diving by the diver.

The spokesman said the court was told there was no evidence these failures caused any injury but the risk of death or injury to divers and dive instructors from the failures was extremely high. Mr Thomas was ordered to enter into a good behaviour bond for 12 months with a recognisance of $8000. The dive company was also ordered to pay investigation costs of $5000, legal costs of $6000 and $130.80 in court costs.

No conviction was recorded against either party.

Mr Thomas stopped running the deep-diving course and sold the business in November 2005. The current owner later closed the Bulimba shop and was not involved with the 2005 incident.

There have been seven prosecutions for dive or snorkeling-related incidents since January last year.

"The Queensland Government has been particularly proactive in the prevention of serious diving and snorkeling incidents," said Workplace Health and Safety Queensland acting executive director Simon Blackwood.

"This prosecution is a strong reminder to the dive industry that they must pay attention to the basics and ensure equipment and systems are regularly tested and dive safety logs are recorded accurately."

VIC: Harrassment Policy Now Improved

Tuesday Febuary 26 2008 Source: ABC News

WorkSafe is satisfied with the efforts the Hepburn Shire have made to address bullying and harassment.

Last year the authority investigated the claims that a former employee was bullied and harassed.

While the allegations were not substantiated, WorkSafe asked the shire to improve its policy and procedures.

WorkSafe's spokesman Michael Birt says the safety improvement notice that was issued to the shire has now been lifted.

"Workplace health and safety is an important issue in any workplace," he said.

"It's one thing to have policies to ensure things are done safely, but of course what we really want is for people to use those policies, build them into their culture and make it a part of a working life, not just dust it off when there's an emergency or some sort of crisis has hit."

OHS NEWS TIP - Harrassment Policy

AU: Decrease In Work Deaths

Friday Feburary 22 2008 08:22 p.m. Source: The Herald Sun

MORE than 230 compensation cases for workplace-related deaths are being settled in Australia each year, according to the latest figures.

Victoria had 41 cases in 2005-06, says the OHS Comparative Performance Monitoring Report.

This comprised 36 cases involving injury and musculoskeletal disorders and five disease-related.

The total number of Victorian cases fell from 65 in 2001-02, the report said.

The national total fell from 316 to 231 over the four-year period.

The report revealed:

MORE than 114,000 workplace inspections were done nationally in 2005-06.

AT least 900 prosecutions were started and about $23 million in fines were handed out by courts.

COMPENSATION schemes spent more than $5.7 billion, with about half paid directly to injured workers.

Releasing the report, Workplace Relations Minister Julia Gillard said the results were positive.

"However, more needs to be done under the national OHS strategy to ensure safer workplaces in Australia," she said.

The report was prepared for the Workplace Relations Ministers' Council.

OHS NEWS TIP - Workplace Safe Work Method Statement

VIC: More Asbestos Claims

Thursday Feburary 21 2008 12:42 p.m. Source: The Age

Authorities are investigating claims that an official of the Construction, Forestry, Mining and Energy Union dumped highly dangerous asbestos on a table in front of two managers at a construction site.

The incident was said to have occurred at the Sunshine North site of builders JA Dodd on February 6. JA Dodd management refused to comment yesterday but authorities confirmed they were investigating. A WorkSafe spokesman said: "WorkSafe is aware of a complaint similar to the circumstances described. Inquiries are under way."

Building industry watchdog the Australian Building Construction Commissioner also confirmed the investigation but would not comment further.

It is believed the probe will look at claims that CFMEU organiser Shaun Reardon dumped asbestos on a table in front of a JA Dodd foreman and another manager at the Australian Technical College building site in Sunshine North. He had taken the asbestos from a quarantined area on the site, it is claimed.

Mr Reardon described the claims as "completely fabricated" and said they were an attempt by JA Dodd to deflect attention from a poor record on asbestos.

He said asbestos had been "blowing across the job", with workers and locals at risk.

He had wrapped in plastic three or four pieces of asbestos "no bigger than the palm of your hand" and placed the parcel on the desk to draw attention to the issue, he said.

OHS NEWS TIP - Asbestos Safe Work Method Statement

WA: New Wave Of Asbestos Claims

Thursday Feburary 21 2008 10:35 a.m. Source: WA News

An Italian migrant who worked for 17 years as a mechanic for Ford has been awarded $840,000 after contracting asbestosis while servicing car brakes, in a landmark ruling that could pave the way for a new wave of asbestos compensation cases.

Antonino Lo Presti, 58, was employed in the workshop of two WA Ford dealerships from 1970 to 1987 before being diagnosed with the deadly disease in July 2001. He also worked as a mechanic in a service station from 1988 to 1994.

Justice Andrew Beech found yesterday that Mr Lo Presti would not have contracted asbestosis if the Ford Motor Company of Australia had warned him of the dangers of exposure to asbestos and implemented safety measures.

The Supreme Court decision, believed to be the first of its kind in Australia, could lead other mechanics to bring claims against car dealerships, garages and service centres, according to Mr Lo Presti’s lawyer, Michael Magazanik.
  
After hearing the decision yesterday, Mr Lo Presti, who breathes with the aid of a mobile respirator, spoke of his joy at winning the case. But, in broken English, the Sicilian-born father of three said he had a terrible life.
  
“Now I can go on with my life. Thanks for the judge for what he done finding that the company was guilty. It’s been 30 years,” he said. “Never ever (were we given any warnings), just in the last few years.”
  
His wife Connie said the fiveyear court battle, including a 15-day trial last year, had taken its toll on the family. She had to work to put food on the table and Mr Lo Presti’s health had deteriorated.
  
“I’m happy it’s over so that we can get on with our lives. It’s been a really tough five years,” she said. “If anyone had told me when it was diagnosed I would have said, ‘no, it can’t happen’. In one way (I feel betrayed) because they (Ford) should let their workers know and give them a safer workplace.
  
“My kids have suffered through this as well and I’m glad it’s over. It’s been real tough since he hasn’t worked, with me trying to battle three jobs and a family and look after him has been really tough.
  
“He is on oxygen all the time. He gets very tired and we don’t have a social life because he gets so tired and we don’t go out. But we make the best of it and try to be happy and do it the best way we can.
  
“I’m happy that we’ve won, not only for our sake, but for thousands of other people around that are probably going to go through the same thing.”
  
Mr Magazanik said his firm, Slater & Gordon, had already spoken to other mechanics who had asbestos-related diseases.
  
“This decision will set a precedent because it’s the first time a mechanic has succeeded against a car manufacturer in this country and there are literally thousands of mechanics who have been exposed to asbestos while working with brakes,” he said.
  
“We have a number of those people on our books. They’ve not only worked for Ford Motor Company, they have worked for a number of garages, mechanics and car companies, but certainly this decision will give hope to thousands of mechanics.
  
“What the decision underlines is that Ford . . . failed miserably in its duty to warn people like Mr Lo Presti, who were working with asbestos often on a daily basis.”
  
Mr Magazanik said Mr Lo Presti’s exposure to asbestos while working for Adelaide Terrace dealer Anderson Ford in the 1970s, soon after migrating to Australia, had been horrific. Mr Lo Presti had been required to use compressed air to blow the brakes, most of which were made using asbestos until recently, and brake drums. There had been no ventilation and asbestos had settled on all the surfaces.
  
“There were thick clouds of dust,” Mr Magazanik said. “Dust so thick that it would settle on the ends of workers’ cigarettes and actually put the cigarettes out. It would collect on the fans and fall off in chunks.
  
“It was so thick sometimes they would try to brush it away from their face. That was the extent of the dust in that facility and again there was never a single warning that inhaling that dust was dangerous.”
  
In his judgment, Justice Beech said Ford had breached its duty of care to Mr Lo Presti by not reducing his risk of asbestos inhalation. Ford had submitted that Mr Lo Presti may have suffered from a non-asbestos health problem. Its expert witness said Mr Lo Presti would survive for about five years.
  
The parties agreed before trial that the payout, should Mr Lo Presti win, would be $840,000, but he now faces a battle over legal costs, with Mr Magazanik asking the court to order Ford to pay most of them.

OHS NEWS TIP - Asbestos Safe Work Method Statement

AU: Howard & Sons Are Now Rebuilding.

Thursday Feburary 21 2008 7:57 a.m. Source: Lithgrow Mercury

Howard and Sons are now working vigorously on rebuilding and upgrading their facilities at Wallerawang following last December’s massive blast.

The blast resulted in most buildings on the property being damaged in one form or another, with everything being either repaired or rebuilt over the coming months.

Company Director Andrew Howard said a dedicated rebuilding team, separate to the normal production team, has been assigned which will allow the production team to continue to deliver all projects as planned.

“We have not yet been able to determine the likely cause of the incident and we are assisting NSW WorkCover in their investigations to determine the cause,” Andrew said.

Andrew and his brother Christian have already drawn up plans to improve on the facility’s already high standard of security and safety to minimise future risk with the aim of this same scale incident to never occur again.

“The Howard and Sons family of staff have remained positive throughout this experience and everyone is looking forward to the exciting new future of our manufacturing facility and a variety of projects to be completed in 2008.

“Our gratitude to our entire team of staff for pulling together in such a difficult time is not possible to put in words and I know we would not come as far without their dedication, commitment and positive attitudes, which really makes Howard and Sons the successful family business it is.

“I’m very proud and appreciative of everyone’s efforts,” he said.

“Howard and Sons Pyrotechnics already has some exciting displays booked for 2008 including 40th Anniversary National Day Celebrations in Nauru, Adelaide’s Clipsal 500, Adelaide Art Festival Opening Night, Moomba Festival in Melbourne, Sydney Royal Easter Show, a regional Australia and European ‘Crusty Demons’ Tour, and invitations to international fireworks competitions in Montreal and Malaysia where we will compete against the best pyrotechnic companies from around the world and aim to bring home the gold medal for Australia.

“We would like to thank you for your continued offers of help and support which have certainly attributed to us being able to continue operating business as usual.

New Years Eve fireworks displays have been presented around Australia, despite the setback, notably Melbourne, Brisbane, and Adelaide’s City displays while there were also displays on Australia Day, including Perth’s Skyworks, the largest fireworks display on Australia Day.

OHS NEWS TIP - Explosives Safe Work Method Statement

VIC: Guilty Plea For Not Having Forklift Safety Plan

Wednesday Feburary 20 2008 4:03 p.m. Source: ABC News

A Mildura food company has pleaded guilty to workplace safety offences relating to the death of a long-serving employee.

Marcus Martin died when the forklift he was driving hit a pole in 2005 and overturned at his workplace, SDS Beverages at Irymple.

The company yesterday entered a guilty plea in the County Court to WorkSafe offences, including failing to provide a vehicle and pedestrian safety plan, not constraining forklifts to marked routes, and not having adequate barriers around roof support columns.

Judge Pilgrim has adjourned the case to consider a penalty.

OHS NEWS TIP - Forklift Safe Work Method Statement

VIC: Low Level Asbestos Halts Opening

Tuesday Febuary 19 2008 6:48 a.m. Source: The Advertiser

THE City of Greater Bendigo may have to delay the opening of one its flagship recreational projects following the discovery of low levels of asbestos at the site.

Scattered fragments of cement-bonded asbestos have been collected from the Epsom Huntly Recreation Reserve by specialist contractors as part of the clean-up of the site.

The City of Greater Bendigo will now have to wait on a Worksafe report to determine the next steps, and if further clean-up work is required.

The city’s chief executive Craig Niemann said the discovery was made about a fortnight ago while the site was being tested for heavy metals, from which it gained the all-clear.

He said a specialist report determined the asbestos found was bonded with cement and non-friable, whereas the health risks of asbestos were derived from the inhalation of free fibres.

Mr Niemann said other specialist teams had been working from last week to remove the visible fragments from the grounds.

‘‘The EPA and Worksafe have been out and indicated to us there is a very low risk and very low levels of contaminants,’’ he said Bendigo mayor David Jones said the recreation reserve was scheduled for completion by May and the start of the soccer season, but the council would have to reassess the date if more remedial work was needed.

‘‘Our one guarantee is we will do whatever is necessary in order to ensure it is 100 per cent safe, but also that there is 100 per cent perception of safety,’’ Cr Jones said.

‘‘We are very frustrated and disappointed, if that causes delays and inconvenience, but we are not prepared to put public safety at risk.’’ He said the council would continue to work with government agencies, but believed the low level of contamination would enable it to use the site as planned.

Cr Jones said he was not willing to speculate on where the asbestos had come from, but said in its bonded form it had been a very popular building material throughout Bendigo.

WorkSafe spokesman Michael Birt said they would work with the council on the options available before the site opened, but believed it was important for the community’s sake to completely clear up the reserve before it began its public use.

OHS NEWS TIP - Removing Asbestos Safe Work Method Statement

SA:WorkCover To Reduce Payments

Monday 18th Febuary 2008 7:59 a.m. Source: Adelaide Now

WORKCOVER payouts to injured workers are about to be cut by the Rann Government.

The move comes   more than a year after the controversial cuts were  recommended by the group's board.

A report into WorkCover by financial expert Alan Clayton is before Cabinet and about to be released, with business and economic experts saying cutting benefits is the only way to reduce WorkCover's rapidly growing liabilities.

It is understood the report recommends reducing payments, with a senior Labor source saying unions will be told "they will just have to eat it".

The liabilities are now at $849 million but there is widespread speculation they could top $1 billion by the end of the year.

The Government wants legislation to reform the current scheme before Parliament by the middle of this year.

Business and economic experts have told The Advertiser there are few options for the Government other than reducing benefits.

Business and the Opposition say the review has taken "far too long" and Liberal industrial relations spokesman Duncan McFetridge said yesterday the Government was "tearing itself apart" over the recommendations.

He also is accusing the Government of delaying the decision during a federal election year in which workers' rights was a dominant issue.

At the same time, another report, prepared for the University of SA by compensation expert and economist Dr Kevin Purse, has found moves aimed at saving WorkCover money by outsourcing compensation claims management have failed.

WorkCover compo to be cut1 ``````''''''The Government is under extreme pressure from employers, and the WorkCover board, to bring in changes to lower premiums, rein in administration expenses and reduce employer levy rates to between 2.25 and 2.75 per cent.

In November, 2006, the board recommended cutting benefits but the Government ordered another review by financial experts Alan Clayton and John Walsh.

Industrial Relations Minister Michael Wright told Parliament last week the unfunded liabilities of WorkCover were now $849 million – up from $694 million in mid-2006.

Dr Purse's report says outsourcing claims management was supposed to save 15 per cent a year in costs. He says that while the number of claims fell by nearly 13,000 between 1995 and 2007, administration costs blew out by $75 million.

His report also says WorkCover has been hurt by a high turnover of claims managers, a "conspicuous deterioration" in the corporation's financial performance, and the level of service to injured workers.

Business SA director of employer advocacy programs David Frith said SA's scheme was the worst performing in the country.

A South Australian Centre for Economic Studies report prepared in December shows the cost of workers' compensation to the state's employers rose by 5.4 per cent in 2006-07 compared with a fall in every other state and territory. The report said SA had risen "to the top of the league ladder" for compensation costs.

Mr Frith said injured workers were not returning to work soon enough because current legislation did not provide the incentives needed to get injured workers rehabilitated.

Business SA has recommended incremental reductions of weekly benefits to employees, cutting off benefit payments at 104 weeks based on an employee's capacity to work, reducing the maximum weekly benefit payment to 125 per cent of average weekly earnings, reducing an employer's obligation to provide re-employment from 12 to six months and limit employer liability for significant disabilities not related to employment.

"We expect the Clayton-Walsh report to contain some of these recommendations," Mr Frith said.

The WorkCover board had proposed cuts to workers' entitlements such as reducing weekly income maintenance payments, capping entitlements to medical expenses, limiting solicitors' capacity to charge injured workers and ceasing maintenance until disputes were resolved with any arrears paid to the worker where the dispute was resolved in favour of the worker.

Mr Wright said yesterday the Clayton report would be given thorough consideration but the Government was absolutely committed to providing a scheme which struck the right balance between the rights and needs of workers, employers and the WorkCover corporation.

He said any changes to the scheme would be aimed at getting people better and back to work faster while at the same time reducing costs to employers.

VIC: Cash Handling Procedure To Be Examined

Sunday Febuary 17 2008 4:25 p.m. Source: The Age

A GRIEVING Melbourne man is suing his late fiancee's employers, claiming that their negligence contributed to her murder — and to his subsequent pain, suffering and depression.

Ken Chan, 49, alleges that the death of his fiancee, West Melbourne computer shop employee Juan "Joanne" Zhang, "was caused by and contributed to by (her company's) breach of the duty of care it owed to her".

In a statement of claim before the County Court, Mr Chan describes how he developed a serious heart problem, post-traumatic stress disorder and nervous shock after Ms Zhang was murdered by a colleague.

The 35-year-old was stabbed by computer technician Yiwen Pan, 26, as she walked alone to her car carrying the day's takings of $9100 on May 18, 2006. Ms Zhang was taking the money to her employers' Notting Hill premises when Pan, a problem gambler, struck.

After stabbing Ms Zhang up to 60 times, Pan bundled his victim, still alive, into the boot of her own car and drove it to a street in St Kilda. After her cries for help subsided, and Pan was satisfied that Ms Zhang was dead, he went to the casino, where he spent four hours losing about $3300 of his haul.

Ms Zhang's body was not found for five days, during which time Mr Chan desperately searched for her. He had been told that hair and blood had been found at her work car park and was told by police to expect the worst.

Mr Chan's lawyer, Slater and Gordon's Adam Hill, said that it would be alleged that the negligence of Ms Zhang's employers, Computers & Parts Land Pty Ltd, brought about or contributed to her eventual death.

"But for their allowing an untrained person to carry a large amount of cash, her death would not have occurred," Mr Hill said.

In his statement of claim, Mr Chan alleges that his fiancee's employers failed to employ suitably trained security people to transport money between premises, failed to have Ms Zhang accompanied by another staff member, failed to provide her with a distress alarm, failed to implement WorkSafe cash-in-transit guidelines, and permitted the details of the amount of money that Ms Zhang was carrying to be known. As a consequence of his fiancee's death, his statement says, he is claiming damages for the pain, injuries, illness and income loss he has suffered.

According to Mr Hill, the claim has the potential to be a textbook workplace injuries case. He said its circumstances echo a precedent-setting 2002 High Court decision that ruled that the parents of 16-year-old jackeroo James Annetts had the right to sue for "nervous shock" over his death in Western Australia's Gibson Desert. The teenager's employer had sent him out, unsupervised, with a 17-year-old colleague, who also perished.

Compensation for "nervous shock" is usually only paid when the sufferer is present at the scene of a workplace death.

The High Court found that James Annetts' employer, Australian Stations Pty Ltd, owed a duty of care to his parents, Sandra and Leslie Annetts, who had been forced to wait four months for any news of the fate of their son.

OHS NEWS TIP - Cash Handling Safety Procedure

VIC: Stress Claims Taking Their Toll On Victoria's Police

Sunday Feburary 17 2008 3:49 p.m. Source: The Herald Sun

STRESSED and injured police officers have racked up $7.3 million in compensation claims in 12 months.

Victorians are paying more than $20,000 a day to foot the bill for police compensation, documents reveal.

Police accumulated 26,004 days of stress and injury leave last year.

And stressed officers account for more than two thirds of 833 WorkCover claims lodged by police last financial year that led to more than $4.1 million in payments.

Documents obtained under Freedom of Information reveal 239 Victorian police took more than 16,550 days off between July 2006 and June last year on stress leave alone. Inner-city cops were by far the state's most stressed with 78 police taking 5684 days' compensation leave.

Throughout the state, the average police claim was 31 days off work and $8869.50 in compensation. The average stress claim was 69 days and $17,465.50 in compensation.

In Region 1, which takes in inner-Melbourne suburbs such as St Kilda, Richmond, Prahran, Collingwood, Brunswick and the city, 278 police took 8229 days off in compensation.

Six of 10 individual claims worth more than $70,000 were by Region 1 police. One claim, for more than $93,000, was from an officer who had been off work for 295 days with spinal problems.

Police Association assistant secretary Bruce McKenzie said the claims were the tip of the iceberg with many more police "stressed to the limit" but too proud to seek help.

He said even "hardened, career cops" were breaking down because of post-traumatic stress and injuries after conflicts such as the G20 riots.

Victoria's police force of about 11,000 lodged 239 stress claims during the period and 444 claims of spinal, joint and muscular injuries.

Opposition Leader Ted Baillieu said police were "crippling under stress".

"Frontline officers in Melbourne and the country are squeezed between a rising tide of violence and inadequate resources to do their jobs effectively," he said.

Victoria Police spokeswoman Sen-Constable Sharon Darcy said there had been 12 fewer stress claims last financial year than in 2005-06. Officer safety was a priority, she said.

A spokeswoman for Police Minister Bob Cameron said police numbers would rise by 350 by 2010.

OHS NEWS TIP - Stress and Fatigue Policy

NSW: Asbestos Removal Halts Job Site

Thursday Febuary 14 2008 8:16a.m. Source: The Blacktown Sun

FEARS about asbestos fibres briefly halted storm-damage repair work in Blacktown.

WorkCover ordered a contractor to cease roof repairs on two buildings in Forge Street, Blacktown, until the company improved safety conditions.

On Friday, WorkCover inspectors reported all conditions had been complied with, but that they would continue to monitor the site.

The work suspension followed complaints from Steve Keenan and Sammy Manna, who are work-safety organisers for the Construction, Forestry, Mining and Energy Union.

"Workers were at risk, with many operating at heights without harnesses and most working without masks or other safety gear [that would] protect them from inhaling deadly asbestos fibres," Mr Keenan said.

"Asbestos fibres were also being allowed to blow over neighbouring workplaces, homes and schools."

A WorkCover spokesman said inspectors found some workers were not using safety harnesses correctly and issued two prohibition notices.

"On the ground there were other workers, working underneath where the asbestos was being removed," he said. Mr Manna urged contractors and tradespeople to make sure they worked in safe conditions.

"They should not work [with asbestos] unless they have a licence to remove asbestos and they have proper safety equipment," he said.

OHS NEWS TIP - Asbestos Removal Safe Work Method Statement

NSW: Farmer Fatally Injured By His Tractor

Thursday Febuary 14 2008 8:02 a.m. Source: The Courier Mail

A MAN has died after he was struck by his own tractor on a southern New South Wales farm, police have reported.

Colin Rynehart, 51, was run over and killed at about 9am today in an apple orchard at Old Tumbur, Batlow, south-east of Wagga Wagga, police said.

Mr Rynehart, a local man, had been driving the tractor loaded with fruit bins full of apples around the property and had just delivered a load of fruit to the packing shed when the incident occurred.

Inspector Steve Lowe of Cootamundra police said Mr Rynehart was seen to drive out of sight behind a row of trees when witnesses heard a loud noise and a yell of pain.

Farmworkers told police they then saw a driverless tractor rolling down the hill, he said.

"(They) ran to the aid of the driver and he was found still conscious," Insp Lowe told AAP.

"He told the people there the tractor had run over him."

A rescue helicopter with paramedics raced to the property, but the man had suffered serious injuries to his spine, abdomen and internal organs and died at the scene.

Police established a crime scene and notified WorkCover of the incident, who later attended for an inspection.

Police scientists examined the tractor, which was taken away for further mechanical scrutiny, and detectives interviewed farm staff.

"It's just a tragic accident in the workplace," Insp Lowe said.

A report will be prepared for the coroner.

NSW: Mining Tops Most Dangerous Job List

Thursday Febuary 14 2008 7:14 a.m. Source: Parramatta News

When they picked up their lunches and walked out the door today, some workers had less chance of coming home than others.

New Federal Government figures show your choice of occupation significantly affects the probability that you will be killed at work, with blue-collar jobs heading the most-dangerous list.

Miners, agricultural workers and those working in transport run a greater risk of meeting their end on the job, data from the Australian Safety and Compensation Council shows.

But if you work in finance, you can breathe easy. The profession is the safest of those studied.

And even in high-risk industries, adhering to safety protocols can reduce the risk to a minimum. "Mining and construction are inherently dangerous," says Lindsay Fraser, assistant national secretary of the Construction Forestry Mining and Energy Union. "You can have mine failures like at Beaconsfield. It is dangerous, but if everything is done to the book, then it's not."

The council's Statistical Report Notified Fatalities for 2006-07 shows the overall number of workplace deaths has increased since it began compiling figures in 2004; 162 people died in the past financial year, up 16 per cent from four years earlier.

The construction sector recorded 28 deaths, followed by agriculture, forestry and fishing (27), transport and storage (27), manufacturing (18) and mining (14). Those five industries accounted for 70 per cent of all workplace deaths.

Miners were the most at risk, with 8.8 workers killed per 100,000 on the job in 2006-07.

At the other end of the list are finance workers, none of whom have been killed at work since statistics have been compiled. Health and community service workers and communications services workers also recorded a zero death rate in the past financial year.

While the figures show a rise in overall deaths, experts say it is unlikely workplaces are becoming less safe.

The chief executive of the National Safety Council of Australia, Colin Seery, says although one death is one too many, he does not believe the figures in the report are cause for alarm. "If you drill down into the numbers and the changes, there are other factors [involved]," he says. "Look at the number of workers in the workforce. We don't believe there has been a rise since 2004."

The report also shows jobs that involve driving or operating machinery are statistically the most dangerous, vehicle accidents causing 30 deaths. Being hit by moving objects killed 29 people, as did being hit by falling objects, followed by falls from a height (28) and contact with electricity (13). Perhaps not surprisingly, tradespeople account for 37 deaths, and labourers 26. More than 90 per cent were men.

Steve Irwin's fatal mishap with a stingray is also included. Along with two stuntmen, a jockey and two horse trainers, and a parks worker hit by a falling tree branch, Irwin's death took the number in the cultural and recreational industry to a record high of seven.

Older workers are not so lucky. Although most deaths occur in the 34 to 44 age group, also the largest demographic in the workforce, those aged 55 years are over-proportionally represented at 41 per cent of deaths.

The program leader at agricultural sector safety body Farm Safe, John Temperley, says as the farming population ages, workers become less agile and are at increasing risk of being run over.

He believes the ASCC's 2006-07 figure of 27 agricultural deaths is too low. Differing figures between Farm Safe and the ASCC could be explained by deaths being reported to police instead of occupational health and safety authorities. "It's more like 90 a year," he says.

It's not just those on the job who are at risk, but also bystanders. Of the 162 workplace deaths reported in 2006-07, 16 were bystanders.

Industry Comparisions

Deaths per 100,000 workers:

Mining: 8.8

Agriculture, forestry and fishing: 6.4

Transport and storage: 5.3

Construction: 3.5

Personal and other: 2.3

Recreational services: 2.1

Government administration and defence: 1.6

Manufacturing: 1.4

Electricity, gas and water: 1.2

Wholesale trade: 0.4

Property and business: 0.3

Retail: 0.2

Accommodation, cafes etc: 0.2

Education: 0.1

Finance: 0

WA: PTO Rips Off Backpackers Arm

Wednesay Febuary 13 2008 2:12 p.m. Source: The Esperance Express

A YOUNG Canadian woman was seriously injured in a farm accident 120km west of Esperance last Wednesday.

The woman, 19, was a backpacker who had only been working on the property for three weeks before the accident occurred.

It is understood that her sleeve was caught when she reached across a power take-off shaft, causing her right arm to be amputated between the shoulder and the elbow.

The Hopetoun police were advised about the accident Wednesday evening but the Munglinup Ambulance had already left the Springdale Road property by the time the police arrived at the scene.

The woman was flown by the Royal Flying Doctor Service to Royal Perth Hospital, where she has since twice undergone surgery.

A Royal Perth spokesperson said that the surgery had gone well and that the woman is in a stable condition.

Worksafe is investigating the accident and an inspector arrived at the property Thursday afternoon.

The young woman involved will be interviewed once her condition allows.

It is expected that a Worksafe inspector will return to the property at a later date to conduct interviews with those first on the scene.

There were no witnesses to the accident.

OHS NEWS TIP - Power Take Off Safety Procedures

AU: How Clean Is It Really?

Wednesday Febuary 13 2008 11:46 a.m. Source: ACA

An investigative report seeking to uncover the health risks of carwash reclaim water has sparked response from one water reclaim manufacturer and also the Australian Car Wash Association (ACWA).

Channel Nine’s A Current Affair is a nightly tabloid program, made popular by sensationalist journalism. The program tested samples gathered at 10 carwashes in Brisbane, Australia, for six kinds of waterborne bacteria, including E. Coli. 

According to the results of the testing, bacteria levels varied anywhere from ten times to almost a million times higher than what is expected of fresh, drinking water. The program said nine of the ten carwashes showed levels of bacteria that could potentially cause risk to the health of carwash patrons and employees.

Samples for the test were gathered out of the hose in self-serve wash bays or by using concealed containers attached to the car in automatic or hand wash facilities.

The program did not speak with anyone who had been made sick by reclaim water, nor did it cite any numbers of those who might have been affected by reclaimed water so far. It did interview a carwash employee to establish risk to staff members at hand carwashes.

As previously reported by Professional Carwashing & Detailing, drought restrictions across Australia mean the public cannot wash their vehicles at home and must use professional carwashes. Many of these carwashes use reclaimed water to lessen their impact on the drought.

The program interviewed a supplier of carwash reclaim systems, who said his reclaim system could not keep up with all of the bacteria that could multiply in carwash water. A carwash operator told the program he only used reclaimed water in the automatic bay of his self-serve carwash in order to reduce risk to the public.

In a response broadcast after the report, the Australian Car Wash Association said it is working with Australia’s Workplace Health and Safety to develop a code of practice for the use of recycled water in carwashes.

According to Greg Boston, past president of the ACWA and now a state representative, the association is uncertain as to what initiated the TV report.

“The general opinion amongst operators is that it had little impact on the public and didn’t necessarily result in the over dramatized outcome the media may have liked. Prior to this report we have had dialogue with the Queensland Department of Workplace Health and Safety regarding the safe use of reclaim water in carwashes,” Boston wrote in an e-mail to PC&D.

Boston said the association is carrying out its own research in this area, engaging the services of environmental consultants to conduct research, both qualitative and now quantitative, on identifying any bacteria with risk potential in carwash reclaim water.

“Our investigations indicate there presently is no such information available worldwide. Our goal is to develop some manageable industry guidelines which are acceptable to workplace health and safety authorities nationally,” Boston said.

Clearmake, an Australian manufacturer of industrial water treatment and recycling equipment, also issued a response to the report.

In the Feb. 11 response, Clearmake says it shared concerns raised by Channel 9’s A Current Affair program. Clearmake used the response to specify differences in its reclaim process that would eliminate concerns about bacteria.

The response did not say if any of the 10 carwashes tested in the report used Clearmake equipment.

According to the company, Clearmake is also assisting with the development of an industry code of practice, including a set of water testing standards to be met when using recycled water in commercial and industrial wash down applications.

OHS NEWS TIP - Cleaning Safe Work Procedures

VIC: Hospital Being Sued Over Miss Placed Fetus

Monday Febuary 11 2008 10:20 a.m. Source: United Press International

A woman is suing a hospital in the Australian city of Ballarat after allegedly finding her miscarried fetus among her personal belongings.

The unidentified woman alleges workers at Ballarat Base Hospital accidentally placed the fetus inside her bag of personal belongings, mere hours after she suffered a traumatic miscarriage, the Melbourne Herald-Sun reported Saturday.

While the hospital would not officially confirm the December incident, Ballarat Health spokesman Luke Mullane did offer the woman the facility's deepest apologies.

"We are extremely saddened and deeply regret what occurred and feel greatly for the family," Mullane said.

The Australian hospital has also been targeted by several other lawsuits, including one in which a woman died of excessive bleeding after allegedly being misdiagnosed.

Two other suits involve alleged negligence on the hospital's part, which resulted in a 11-year-old girl suffering a brain injury and a 34-year-old man suffering a groin injury.

OHS NEWS TIP - Work Place Safe Work Procedures

AU: Workers At Risk Of Death

Thursday Febuary 7 2008 11:29 a.m. Source: Collie Mail

CONCERNS have been raised that Bluewaters employees could be killed due to low health and safety standards.

This is according to Construction, Forestry, Mining and Energy Union (CFMEU) organiser Doug Heath who said the union had a number of concerns about occupational health and safety (OHS) standards in place.

Mr Heath said there were serious concerns workers could be killed on the project unless management lifted its game and took concerns seriously.

“There are concerns in relation to the standard of OHS with a number of incidents where the standards have fallen well short of industry standards,” he said. Griffin Coal executive general manager business development Frederik Suhren said the company would investigate these claims.

“The safety of those employed by Griffin, either directly or indirectly is of the utmost importance to Griffin,” Mr Suhren said. “The concerns raised by the CFMEU are serious and warrant immediate investigation.

“Griffin will cooperate with all parties involved to ensure that the construction of Bluewaters can continue in a safe and timely manner.”

Mr Heath said the issues included a lack of adequate fall protection and the failure to provide a safe environment and workplace.

He said cranes were being erected onsite last week with no exclusion zone, so employees were able to work in close proximity to the crane.

“Any object which falls from the crane while it is being erected has the potential to kill workers in the area below,” he said. “Safety standards are not good enough.”

Mr Heath said there had been quite serious breaches of safety standards and a number of complaints had been reported to WorkSafe. He said there had been ongoing safety concerns over the life of the project since the end of 2006.

“Last month in January, there were four deaths on construction sites with one in WA,” he said.

He said until standards were improved there was potential for deaths to occur onsite. Mr Heath said other problems the CFMEU were dealing with included the employment of local workers and the payment of superannuation. He said workers were coming from interstate to fill jobs that could have been taken by local workers.

Mr Heath also claimed about 70 employees were not paid superannuation at all.

“The main contractor failed to pay superannuation in accordance with the Superannuation Government Act to all workers from June to October last year,” he said.

He said it was a substantial breach of the Act, and action had since been taken by the Australian Tax Office.

“I would say it would be close to $100,000 in superannuation owed, possibly more,” he said.

Mr Suhren did not comment on either of the above claims.

OHS NEWS TIP - Work Place Safe Work Procedures

NSW: Chemical Transportation Scares City Council

Wednesday Febuary 6 2008 11:14 a.m. Source: The Chronicle Herald

Truro town council may take legal steps to keep its industrial park from one day being a train-to-truck transfer site for cyanide destined for a proposed Halifax County gold mine.

The Touquoy gold project, an open-pit mine in Moose River, received provincial environmental assessment approval last week and may begin operating in 2009.

Truro Mayor Bill Mills said Tuesday there are a multitude of questions regarding DDV Gold Ltd.’s plan to transport cyanide by train from Memphis, Tenn., to Truro and then truck it from Truro to Moose River.

"The whole process right from the get-go didn’t involve the town or council," Mr. Mills said one day after council asked its solicitor to seek an injunction regarding cyanide transfers.

"To put it bluntly, people are quite insulted by that."

DDV Gold is a subsidiary of Australian firm Atlantic Gold NL. A route risk assessment, which can be viewed on the provincial Environment Department’s website, says the cyanide — used in the gold extraction process — will be contained in poly-propylene sacs, wooden boxes and polyethylene over-bags.

Mr. Mills said Truro is a railroad town, so residents expect hazardous materials to pass through, and council is reg-ularly updated on what those are.

Part of what disturbed town councillors was the motivation for choosing Truro over Halifax.

The risk assessment said Truro was selected not only because it is a shorter distance by rail from Memphis but also because it’s less populated, reducing exposure to hazardous materials.

"We don’t take too kindly to that," Mr. Mills said. "It’s as if our citizens are somewhat less than in Halifax. The wording doesn’t instil any confidence."

The assessment goes on to say the product wouldn’t have to be transported via rail or truck in and out of big urban areas of Truro, as opposed to Halifax, where the rail terminal is lo-cated in the downtown.

"We understand how the transfer will take place," the mayor said. "But we don’t know how frequently."

And then there are the safety concerns, such as who will be responsible if an emergency occurs, who will be trained to handle problems and who will pay.

Bruce Nunn, a spokesman for the Environment Department, said Tuesday that as part of an upcoming industrial approval process, the company will be required to ensure emergency responders and other officials in affected areas are aware, prepared and have the resources to deal with emergencies.

Mr. Nunn said it will also have to follow federal regulations related to transportation of dangerous goods by road and rail.

Atlantic Gold officials could not be reached for comment Tuesday.

Truro town councillors learned of the plan through a letter to the editor written by Barbara Markovits, co-chair of the Eastern Shore Forest Watch, a group that has raised concerns about the overall environmental impacts of the mine.

Mr. Mills said hearing about the plan second-hand didn’t go over well.

He’s since spoken to people with Atlantic Gold who’ve said they’ll bring experts to Truro, and he’s taking them up on the offer.

The mayor said even if the town gets its answers, he’s not convinced council will ever agree that Truro is the best place for the transfers to occur because "there’s a fair amount of fear involved."

Ms. Markovits applauded town council’s move Tuesday.

Among other things, she’s worried about what would happen if a truck carrying cyanide was involved in an accident or skidded off a slippery road.

She said cyanide is inert when dry, but hazardous when wet.

"Here, we’re talking about a lot of cyanide being driven along rugged, pot-holed country roads through populated areas and near many water courses."

About 125 people are expected to work at the $70-million mine and mill, producing an estimated 80,000 ounces of gold annually.

OHS NEWS TIP - Chemical Loading Safe Work Procedures

ACT: Alleged Safety Breach

Tuesday Febuary 5 2008 11:30 a.m. Source: The Age

It has been attacked as the political policeman of the former Howard Government, but the building industry watchdog is for the first time prosecuting an employer over an alleged safety breach.

The Australian Building and Construction Commission is prosecuting building contractor Iqon for allegedly not allowing two CFMEU organisers onto a building site in Canberra to investigate a possible safety breach.

That case in the Federal Magistrates Court, which was adjourned until February 28, did not placate the unions who said it appeared to be a desperate bid for survival under the new Labor Government.

"In terms of their appalling record of anti-union bias this changes nothing. It may be that the pig is attempting to apply a little bit of lipstick, but it remains a pig," said Dave Noonan from the Construction, Forestry, Mining and Energy Union.

The Commission - with special powers to police the industry - and its predecessor, the Building Industry Taskforce, have been at loggerheads with the CFMEU for more than five years.

Building Commissioner John Lloyd said yesterday they would prosecute any law-breaker.

"The ABCC will take action against any industry participant who contravenes the law. This has always been and will continue to be our approach," he said. "The ABCC has taken action against employer parties on 29 previous occasions. In this case the normal procedures for investigation and initiating prosecution were applied."

Mr Noonan said those cases involved prosecutions for employers that had cooperated with unions.

Federal Labor policy is for the ABCC to remain in place until January 31, 2010, when its responsibilities will be transferred to a special division of Fair Work Australia, the new industrial umpire.

In the case involving Iqon the Commission alleges that an Iqon manager asked an employee of a subcontractor to wear a hard hat. An argument and "physical altercation" ensued and the employee was removed from the premises.

The CFMEU attempted to enter the site to investigate the altercation but were not allowed, the statement of claim says, a possible breach of the Occupational Health and Safety Act.

OHS NEWS TIP - Building Site Safe Work Procedures

AU: Safety Check

Tuesday Febuary 5 2008 11:08 a.m. Source: T & L News

Ahead of April's Safety In Action workplace safety trade show, Worksafe Victoria has stressed the need for industry to stay abreast of the latest safety measures.

"Everyone in the workplace should have an interest in health and safety. Safety in Action 2008 will give you the opportunity to learn the latest and stay up to date," said John Merritt, Executive Director of WorkSafe Victoria.

"Events like this expose you to a hub of expertise and information designed to help you keep your workers and business safe."
 
Organiser of Safety In Action and Melbourne Materials Handling, Marie Kinsella, said the practical nature of workplace safety meant that it was important for anyone concerned with safety to be aware of the spread of solutions on offer.

"The bottom line is that you need to be able to demonstrate you've taken all reasonable steps to make your workplace safe, which in turn means you can't afford to overlook new solutions as they come onto the market," she said. "In practice, staying across everything is a huge undertaking, which is why we get 350 or more safety suppliers in one spot every year at Safety In Action."

Ms Kinsella said the 12,000 square metres of the Safety In Action and Melbourne Materials Handling shows was allocated to ensure a spread of specialists.

"To be honest, we could fill all three acres with forklifts, boots, hats and goggles but we're really careful to make sure that visitors get to see everything they need to solve the spectrum of safety challenges, from asbestos removal to working at heights."

The mix of exhibitors had changed over the 11 years since Safety In Action's inaugural show in 1998, she said, with an increasing emphasis on exceeding rather than simply meeting standards.

"In response to industry's growing awareness of the productivity benefits of safety, we've seen more and more interest in workplace wellness programs, for example," Ms Kinsella said.

"And while manual handling is not new, there's been an explosion of new technology that both addresses the stress placed on the body and makes warehouses so much more efficient."

In fact, Melbourne Materials Handling will be 25 per cent larger than when it debuted in 2007, co-located with Safety In Action. Organisers are expecting the two shows to again draw more than 10,000 visitors over their three days from April 29 to May 1 in 2008.

High profile exhibitors already signed on by December 2007 include Ansell, Bailey, Bata, Blackwoods, BOC, Bolle, Draeger Safety Pacific, Fallshaw, Life and Rescue International, Linde, Pilz Safe Automation, Saint-Gobain Abrasives, Sick, Siemens, and Toyota Material Handling.

OHS NEWS TIP - Work Place Safe Work Procedures

WA: Farmer Killed By Tractor

Monday Febuary 4 2008 2:19 p.m. Source: The West

Industrial watchdog WorkSafe has launched an investigation into the death of 48-year-old Carabooda farmer.

It is believed the man was crushed after a slasher that was connected to a tractor fell on top of him yesterday afternoon.

A WorkSafe inspector travelled to the site yesterday to investigate the circumstances.

WorkSafe WA commissioner Nina Lyhne said any work-related death was a tragedy and relayed her sincere condolences to the man’s family.

OHS NEWS TIP - Tractor Safe Work Procedures

VIC: 2 Tonne Of Glass Falls From Forklift Injuring Two

Sunday Febuary 3 2008 7:45 a.m. Source: SMH

Two factory workers are recovering in hospital from injuries received when more than two tonnes of glass fell from a forklift vehicle in Melbourne's southeast.

Worksafe Victoria said a 40-year-old man and a colleague were unloading a shipping container of glass sheets at the factory in Sarton Road, Clayton South, when the accident happened, shortly after 12.30am (AEDT).

Crews from Melbourne Fire Brigade were scrambled to the site to help lift the glass off one worker before he was taken to The Alfred hospital with arm and lower body injuries.

The second worker suffered a hip injury and was taken to the nearby Monash Medical Centre for treatment.

Both men were said to be in a stable condition, a Metropolitan Ambulance Service spokesman said.

Worksafe Victoria spokesman Michael Birt said the accident highlighted the need to take all necessary safety precautions in the workplace.

"It's vitally important employers and employees do everything they can to protect themselves, their employees and their workmates," he told AAP.

"People in the workplace need to think about what's really important to them."

The Clayton South accident and two other workplace incidents in Melbourne overnight coincide with the launch of an advertising campaign to raise awareness about workplace safety.

In the other accidents, a Melbourne restaurant worker was hospitalised after being scalded by hot water spilt across her chest on Friday evening, while a construction site worker in St Kilda was injured after falling 2.5 metres on Saturday morning, Mr Birt said.

"This 12-hour period in Melbourne is a pretty typical day in terms of workplace accidents and reflect the message in the new campaign that these issues are largely preventable."

OHS NEWS TIP - Forklift Safety Procedures

NSW: Welding Spark May Have Caused Explosion

Saturday Febuary 2 2008 12:44 p.m. Source: ABC News

A preliminary investigation by Workcover has found that a spark from a welder in an area where flammable liquids were being stored, may have caused last month's fatal explosion at the Drayton's winery in the Hunter Valley.

Workcover's preliminary investigation has indicated that welding work may have been carried out in an area where ethanol and other flammable liquids were being stored.

The explosion killed respected winemaker Trevor Drayton and boilermaker Eddie Orgo. Assistant winemaker William Rikard Bell suffered serious burns.

The incident has prompted a Workcover safety warning to the industry about the risk of fire and explosions in wine production.

Spokeswoman Jenny Thomas says employers have an obligation to carry out a thorough risk assessment at their wineries to protect workers.

"They should look at all the potential hazards around, including the use and storage of flammable materials," she said.

"[They need to] be particularly mindful of the kind of work undertaken near those things, such as welding grinding and any other hot work that might cause ignition."

OHS NEWS TIP - Gas Welding Safe Work Method Statements

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