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

OHS News - November 2008

NSW: Crane Driver Injured - Union Wants In

Friday 21st November 2008 5:08 p.m. Source: ABC News

Unions New South Wales says it has serious safety concerns about a construction site at Kurnell, in Sydney's South, where a desalination plant is being built.

There have been two workplace accidents at the site in less than a week.

The union's secretary, Mark Lennon, claims the principle contractor is refusing to allow union officials on the site to conduct inspections.

"We believe it's important that the company abide by the law, allow the officials on site, allow them to undertake necessary inspections to ensure no further workers are injured," he said.

"We understand in one incident a crane worker lost two toes and in another a wall collapsed on two workers and one of those workers was taken to hospital."

OHS News Tip: Crane Safety Method Statements
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QLD: Crane Worker's Lucky Strike

Friday 21st November 2008 4:50 p.m.

A Gold Coast man had a lucky escape after the crane he was working on, was struck by lightning in the states north. The worker was thrown up to 10 metres in the air after a lightning bolt struck the crane and passed onto the workers body.

Fellow workers at the Gordonvale worksite performed First Aid and the worker was able to walk to the ambulance when it arrived on scene. Workers report watching the storms coming and seeing nearby strikes before the crane was struck.

Nearby residents reported hearing a large bang and then running out to see what had been hit.Workplace Health and Safety are investigating what safety procedures were implemented along with QLD Main Roads.

The worker was admitted to Cairn Base Hospital shortly after 2pm yesterday and was released into the care of his foreman at 6:30 p.m. As he left the hospital he described the incident as "a bit horrific".

Earlier this year, two workers were struck by lightning whilst refuelling a plance at Lockhart River. Both men were working on a ladder when the lightning struck.

OHS News Tip: Crane Safety Procedures
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NSW: Worker's Leg Caught in Grain Auger

Friday 21st 2008 07:37am

WorkCover is investigating an incident where a man was injured in another grain auger accident.

Earlier this week, emergency services were called to a property after reports that a man had caught his leg in an auger for up to three hours.

He sustained severe injuries below his knee, the Ambulance Service of NSW said. He was flown by helicopter to hospital.

On the weekend, a 30-year-old man suffered burns and injuries to his legs after a grain auger he was moving came into contact with overhead powerlines. Country Energy's regional manager Peter Halliwell warned harvesters and heavy machinery operators to be extremely careful during harvest time.

Only this week CGU Insurance and Farmsafe released a joint-safety guide in an effort to reduce injuries and deaths associated with grain augers.

The guide has been designed to educate farmers to fit their older grain augers with new guards to prevent injury and to give sufficient flow for all types of seed.

Download - Transport Safety Guide - 3.91MB

OHS News Tip: Auger Work Method Statement
Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

QLD: Balcony Collapse Leaves 26 Injured

Friday 21st 2008 07:26am Source: The Australian

Police and workplace health and safety authorities are investigating the collapse of a balcony in Brisbane which 26 women were injured, one critically.

Up to 70 were believed to be on the balcony of a renovated Queenslander-style home in Ascot when it collapsed yesterday afternoon, sending them falling about three metres.

The women were mostly mums celebrating their sons' Year 12 graduation from the Anglican Church Grammar School.

Firefighters freed three people trapped under the debris.

A Department of Emergency Services spokeswoman said 26 patients were treated and transported to six hospitals by Queensland Ambulance Service paramedics.

One woman with critical injuries underwent surgery last night.

OHS News Tip: Construction Work Method Statement

VIC: Helping employers manage stress in the workplace

Thursday 20th 2008 01:26pm Source:

WorkSafe Victoria is hosting an interactive session in Preston next Tuesday 25 November aimed at helping employers in Melbourne’s north gain a better understanding of workplace stress and returning injured workers back to work after a psychological injury.

From July 2002 to 31 December 2007, the regions of Banyule, Moonee Valley, Moreland, Darebin, Whittlesea, and Brimbank reported a combined total of 21,258 claims, costing over $382 million in treatment, rehabilitation and compensation costs.

The session will provide local employers and Return to Work Coordinators with information about managing work related stress and psychological illness. A large community services employer will discuss its experiences and the initiatives it has implemented to improve return to work outcomes for workers with psychological injuries.

Group discussion and activities will ensure local employers have an opportunity to develop their own strategies aimed at achieving successful return to work outcomes for workers with psychological injuries.

WorkSafe Executive Director, Mr Len Boehm said that “Aside from the immeasurable costs to workers and families, claims related to stress are more complex and challenging to manage.

“They also cost employers more, with roughly double the amount of compensation being paid to workers suffering from stress compared to other physical injuries.

“Whether an injury is a physical or psychological one, there is no doubt that helping an injured worker return to work is good for the worker, their families and workmates, and it’s good for business.

“With this in mind you realise the importance of the role the Return to Work Coordinator plays.

“Helping injured workers return to work in a safe and sustainable way can be a complex process and those responsible for return to work can benefit from training and attending events like these to keep their knowledge current.

The event will be held on 25 November at 8.30am at Darebin Arts and Entertainment Centre in Preston.

OHS News Tip: Workplace Stress Safe Work Method Statement

NSW: $140,000 Fine After Wall Collapse

Thursday 20th 2008 07:16am Source: Leader News

VISY Recycling has been slapped with a $140,000 fine over a wall collapse at its Taren Point recycling centre in 2006 that almost buried two people and crushed five new cars.

NSW Industrial Court president Justice Boland handed down the fine when Visy pleaded guilty to a breach of Section 10(1) of the Occupational Health and Safety Act 2000.

A WorkCover spokesman said evidence at the trial showed a combination of poor construction and the weight of stockpiled recyclable material stacked against the wall caused the collapse.

Visy Recycling national public affairs manager Geoff Potts said the incident was not something any company would be proud of, but resulted in changes that would ensure a safer workplace.

"Although this incident is serious ...Justice Boland made a number of positive comments focusing on Visy Recycling's early plea of guilty, co-operation during the investigation and its subsequent remedial actions," Mr Potts said.

Justice Boland described the company as "a good corporate citizen".

"Given the commendable overhaul of the defendant's policies and practices relating to occupational health and safety and its obvious commitment to workplace safety, I consider the risk of reoffending is not great," he said.

Ben Ross of Engadine was with his mother in the yard of the family's panel-beating business when the wall collapsed.

"I was standing about four feet from the wall talking to my mother," he said. "I heard a cracking sound and looked up as it started to come down. I just grabbed Mum and dragged her away, but it was a very close thing."

The collapse crushed five new Toyota Camrys, each valued at $35,000, which were used as courtesy cars.

A car belonging to Andrew Ross, Ben's younger brother, was also damaged.

The court heard that a WorkCover investigation in February 2004 identified the potential for the boundary wall to collapse almost two years before the incident.

Visy had developed a system to prevent material being stacked above a two-metre-high concrete barrier inside the boundary wall, but hadn't provided necessary training to ensure it did not occur.

OHS News Tip: OHS Safety Auditing

NSW: Electrical Burns Caused From Auger Accident

Thursday 20th 2008 07:01am Source: Narromine News

A 30-year-old Trangie man, injured at Agrigrain in Narromine on Sunday, morning was airlifted to Sydney’s Royal North Shore Hospital (RNSH) later that evening and placed in the Intensive Care Unit.

The man suffered severe electrical burns to his legs when the grain auger he was operating collided with overhead powerlines, absorbing 132,000 volts of electricity.

A spokeswoman from RNSH said he had been moved to the Severe Burns Unit and his condition was improving. The spokeswoman said it would be sometime before he could be released.

The industrial accident caused a blackout in Narromine and affected the power supply in some parts of Cobar.

A Country Energy team was called in and quickly rendered the area safe before repairing the powerlines.

“There is some concern around this time of year because there is a lot of high machinery. Operators need to be very careful,” Country Energy’s regional manager Pete Halliwell said.

“With that many volts going through his body he is lucky to be alive and we hope he recovers quickly.”

Agrigrain part owner, David Ringland, declined to comment on the accident due to an ongoing WorkCover investigation but said the man was driving an auger “in good working condition.”

“The man’s long-term future is looking good. The injuries are not as bad as first thought,” Mr Ringland said.

In what is a timely reminder Farmsafe launched a campaign on Monday to reduce injuries and fatalities associated with grain augers. “Farmers need to ensure their grain augers are guarded before they use them.

“A lot of farmers take the guard off because it inhibits the auger,” a Farmsafe spokesman said.

“Farmers need to check that augers are not raised near powerlines.”

Mr Ringland confirmed the grain auger was equipped with a guard at the time of the incident.

Data from the National Farm Injury Centre shows that from 2001 to 2004 there have been four deaths associated with grain augers. On average the use of augers results in 16 serious injuries a year.

OHS News Tip: Auger Work Method Statement

NSW: Illegally Dumped Asbestos On Worksite

Wednesday 19th 2008 09:30 am Source: Parramatta Sun

It took Parramatta Council 10 days to arrange for illegally dumped building rubble containing asbestos to be removed from a busy road in Pendle Hill.

The broken pieces of old fibro, in four large green plastic garbage bags, had been illegally dumped outside a construction site on Ballandella Road near the intersection with Wentworth Avenue.

The asbestos was first reported to the council by warehouse manager Grant Jones on November 3 after he contacted WorkCover, only to be told it was the council's responsibility because it was on a public road.

The asbestos was also next to barricades that had been placed to provide pedestrian access past the construction site.

Mr Jones, who manages the Comford Pty Ltd plastics recycling warehouse on the opposite side of Ballandella Road, told the Sun he called the council every day after that to ask when something would be done to remove it.

``I was really worried after trucks ran over and broke open the bags and spilled the asbestos onto the road,'' Mr Jones said.

``It was really windy here on Monday [November 10] and there was lots of dust blowing around.

``I had to close the doors to the warehouse because of it.

``There is a school a kilometre down the road and kids walk past here to get to the school and the railway station.''

Then on Tuesday, November 11, after Mr Jones told the council he intended to bring the situation to the Sun's attention, a council work crew wearing face masks arrived and covered the material with dirt from the construction site and then placed barriers at angles around it.

``But that hasn't really fixed the problem. They just piled it up and covered it. It's pathetic," Mr Jones said.

A spokesman for the council confirmed that Mr Jones had first contacted them about the illegal dumping on November 3.

``The suspicious materials were ... removed on November 12," he said. ``We engaged specialist contractors to remove the materials and between the time of the complaint and the removal, rangers monitored the site frequently.

``We urge builders in the area to dispose of any suspicious materials properly through legitimate waste management facilities.''

OHS News Tip: Asbestos Removal Work Method Statement

VIC: Authorities Release Transport Safety Guide

Wednesday 19th 2008 07:29 am Source:

WorkSafe Victoria and the Transport Accident Commission (TAC) have released a joint-safety guide in an effort to reduce death and injuries from work-related driving.

The guide is targeted at employers with light fleet vehicles, including four wheel drives, utilities and small vans.

These types of vehicles are deemed to be a 'workplace' under the Occupational Health and Safety Act 2004 and associated regulations. Employers are therefore responsible for ensuring the safety of employees who drive for them, but also for the general public including other drivers and pedestrians.

The guide includes information on vehicle selection, on-road risk management and monitoring of fleet performance.

Download - Transport Safety Guide - 3.91MB

OHS News Tip: Transport Work Method Statement
Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

QLD: Grain Auger Safety Guide

Wednesday 19th 2008 07:20 am

As part of a sponsorship arrangement announced this week, CGU Insurance and Farmsafe Australia have developed a safety guide to reduce injuries and deaths associated with grain augers.

Farmsafe Australia is an association of national agencies that promote farm safety.

The aim of the guide is to help educate farmers to fit their older grain augers with new guards to prevent injuries.

Farmsafe reported that there were about 60 serious injuries involving farm augers each year.

The majority of the injuries were the result of fingers, hands and arms being caught in unguarded pulleys, drive shafts and unguarded auger flights.

There were also injuries to feet and legs after people became entangled in unguarded auger flights. Plus, there were reports of electrocution as a result of moving and raising grain augers under overhead power lines.

Farmsafe said the injuries could be prevented by ensuring that grain augers were guarded and properly maintained.

OHS News Tip: Auger Work Method Statement
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QLD: 23yro Electrocuted To Death

Wednesday 19th 2008 07:08 am Source: Brisbane Times

Workplace investigators will examine whether storm water resulted in the electrocution of a 23-year-old man at Brisbane airport yesterday.

The man, believed to be an electrician, had been working at a site on Boronia Road about 8am when he may have come in contact with a pool of water which collected after Sunday night's wild storms.

The man was rushed to the Royal Brisbane Hospital by ambulance but died shortly after arriving.

Work Place Health and Safety Officers and police will investigate whether excess water on the site contributed to the man's death.

OHS News Tip: Working Around Electricity Work Method Statement

VIC: Tractor Related Fatality

Tuesday 18th 2008 07:18 am Source: Weekly Times Now

A Victorian farmer aged in his mid 70s died at the weekend, several hundred metres from home, when he was run-over by the rear wheels of a tractor.

He was found when family members came looking for him.

WorkSafe is investigating the incident which happened on Saturday at a grazing property on south-west of Casterton.

The director of WorkSafe Victoria’s Manufacturing, Logistics and Agriculture Division, Ross Pilkington, said the incident was a tragedy for the man’s family and the local community.

“Our thoughts go out to them at the same time as we ask all farm workers to take this incident as a warning," Mr Pilkington said.

“For many in rural Victoria, it is the busiest time of year - they’re harvesting, cutting hay and reducing fuel loads for fire-breaks."
He said while the precise cause of Saturday’s incident may never be known, because the farmer was working on his own, WorkSafe had dealt with many similar matters over the years.

“It is essential that tractors, vehicles and other equipment is made as safe as possible through proper maintenance, and if they are stopped, that brakes are applied even on relatively flat ground," Mr Pilkington said.

He said too many people relied on the fact that they had always worked in a particular way and survived without incident.

“That’s no guarantee that you’ll make it home. If you’ve had poor safety habits, you may just have been lucky up to now,” he said.

Mr Pilkington said tightening economic times coupled with the current busy period meant there was no room for taking shortcuts.

“Now is the time to be innovative," he said.

"Understand what you’re dealing with and think about what’s being put at risk by saving a couple of seconds work or a few dollars."

Mr Pilkington also warned against people working under machinery or vehicles without them being properly chocked or supported.

“This year, including in the past few weeks, there have been a number of deaths and serious injuries where people have been run-over when vehicles have moved or when machinery has shifted while undergoing maintenance," he said.

“At Warragul in West Gippsland last week, a contractor had two legs broken when clearing a blockage on a hay baler."

He said a week earlier, in the Victoria's north, another man received crushing injuries when working on a header.

“What people need to understand very clearly is that hydraulic plant basically stores energy," he said.

"When that energy is released, so is the power. If you’re in the way, it’s going to be stronger than you – that’s why we use machines."

He said people should stop and think before they released the stored energy.

"Unless objects that can move are immobilised or supported, they can kill or leave you out of action for a long time," he said.
“You don’t want that to happen when there’s work to be done.”

OHS News Tip: Tractor Slashing Work Method Statements

QLD: Two Dead From Industrial Accidents

Tuesday 18th 2008 07:03 am Source: NineMSN News

Two men died in industrial accidents in south-east Queensland on Monday morning. A 43-year-old man from Cabarlah died when a water tanker he was driving slid on a muddy surface and overturned into a ditch in a workplace incident at Federation Drive, Highfields, north of Toowoomba.

Workplace Health and Safety officers are investigating the incident which occurred around 7am (AEST). In Brisbane, a man was electrocuted at Eagle Farm in the city's north.

The man was taken to the Royal Brisbane Hospital but was dead on arrival. Police say it appears to have been a workplace accident.

OHS News Tip: Industrial Work Method Statements

WA: Painter Falls From Work Platform

Monday November 17th 2008 6:58 a.m.

WorkSafe WA has highlighted the importance of using machinery for the tasks for which they were designed, following an incident in which a lift truck rolled over and seriously injured two men.

A furniture company pleaded guilty to three workplace health and safety charges and was fined $40,750.

In 2005, a painter was contracted to paint the external walls of the company’s warehouse and showroom. Instead of scaffolding, the painter was provided with a lift truck, a type of elevating work platform, in order to reach the high panels. The painter would work from the work platform and was also supplied with a safety harness. An employee would operate the vehicle.

The work platform was stationed on a sloping surface, despite there being instructions on the machine specifying it be used only on hard level surfaces. It became unstable and overbalanced.

The painter was thrown out onto the bitumen ground, while the operator was injured in the operator’s box.

The company was also fined $750 for failing to demonstrate lift truck operator competence.

WorkSafe has warned that employers must ensure employees are properly trained and licensed to operate equipment in the workplace.

OHS News Tip: Painting Safe Work Method Statement
OHS News Tip: Scissor Lift Safe Work Method Statement
Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

VIC: Strong Winds Topple Concrete Wall

Monday November 17th 2008 6:40 a.m.

Following a guilty plea, the directors of a construction company have been held responsible for a concrete wall collapse in 2006.

The four metre high concrete wall collapsed on an Apollo Bay building site after strong winds between 35km/h and 56km/h ripped through the site. The collapse threw concrete blocks onto the roof of a neighbouring café. No one was injured.

WorkSafe found that prior to construction, the workers had braced some sections of the wall with pine timber after identifying the wind as a hazard. However, nine metres of the wall were unbraced.

OHS News Tip - Concrete Preparation & Laying Work Method Statements & Concrete Safety

Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

NSW: Truck Loaded with Concrete Bridge Pylon Fatally Injures Worker

Saturday November 15th 2008 3:00 p.m.

A worker has been fatally injured just after a concrete pylon was loaded onto a truck at an industrial work site in Macksville on the NSW Mid North Coast.

The accident happened around 7:30 a.m. this morning where a Police Escort was about to depart with a concrete bridge pylon loaded onto a truck, bound for Tweed Heads. NSW Police have stated that the worker was found under the wheels of the truck just after the pylon had been loaded.

The worker was critically injured at the scence, and although four police officers were on hand to provide medical assistance, the worker died prior to the arrival of ambulance officers.

Police and WorkCover are investigating. This is the second workplace fatality in as many days in NSW involving heavy vehicles.

OHS News Tip - Loading & Unloading Trucks Work Method Statements & Concrete Safety
Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

NSW: Hospital Staff Stike Due To Unsafe Conditions

Saturday November 15th 2008 2:38 p.m.

Approximately 30 staff at the John Hunter Hospital in Newcastle have walked off the job due to mould in the archives section of the hospital. Jim Arneman from the Health Services Union states that staff have been experiencing unexplained rashes and headaches for the past eight months.

Five staff have gone on Workers Compensation just this week alone, Mr Arneman claims, with one staff member having been off work for eight months as a result of the symptoms. The Union representative claims that containements in the archives themselves may also be contributing to skin irriations and respiratory problems.

Union officials are meeting with Hospital management on Monday and the union members have voted that they will only return to work, once the workpace has been declared safe.

Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

NSW: Truck Driver Dies In Attempt to Put the Brakes On

Saturday November 15th 2008 3:48 p.m.

A truck driver has been crushed by the door of the vehicle he was working on. The driver was carrying out repairs to the B Double at the NSW Roads and Traffic Authority weigh station near Port Stephens yesterday.

Police say that truck began to roll forward and the driver attempted to enter the cab to apply the brakes but he was crushed between the truck door and cabin when the vehicle struck a steel light post.

Police have begun their investigation and are examining the mechanical condition of the truck.

The truck drivers name has not yet been released.

Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

OHS News Tip - Truck Safety Procedures

WA: WorkSafe Targets Manual Handling

Friday November 14th 2008 07:33 p.m. Source: The West

Manual handling injuries in the workplace are being targeted in an ambitious new nation-wide campaign.

The 18-month project, run by Australian workplace safety and health authorities, will focus on reducing manual handling injuries in the retail, wholesale, transport and storage injuries.

WorkSafe WA Commissioner Nina Lyhne said manual handling accounted for a large number of work-related injuries, typically sprains and strains.

“More than 1400 Western Australians in the wholesale, retail, transport and storage sectors sustain manual handling injuries each year – many serious and long-lasting,” Ms Lyhne said.

“This campaign aims to build on preliminary studies done in Victoria that suggest that the loading and unloading of vehicles in particular is a significant safety and health issue that needs to be addressed,” she said.

“The objective of the campaign is to identify the hazards that exist throughout the supply chain and assist employers to find solutions that will lessen the risk of injury.”

Educational material is being compiled and tourism industry workers and employers surveyed. From early next year workshops and workplace visits will be conducted.

Inspectors will begin three months of workplace audits late next year, providing employers with information on how to comply with laws and taking enforcement action if breaches are found.

“Western Australia has a comprehensive Code of Practice on Manual Handling and I encourage all workplaces that may have some concerns about manual handling hazards to have a copy of the code readily available at the workplace,” Ms Lyhne said.

OHS NEWS TIP - Manual Handling Work Method Statement

VIC: Forklift Skylarking Busted On Youtube

Thursday November 13th 2008 3:44 p.m.

Dangerous forklift driving has cost a young worker his job, his forklift licence and earned him 50 hours of community work and an order to do a 5-day health and safety course.

WorkSafe today prosecuted 20-year-old Seymour man Matthew Garry Ward after posting on YouTube a video of him doing stunts on a forklift.

The video, which has now been removed, showed him deliberately crashing into concrete pipes, doing burnouts and overloading the machine so he could do wheelies.

Seymour Magistrate Caitlin English convicted Mr Ward, ordered him to do 50 hours of unpaid community work complete a five-day Occupational Health and Safety course and pay WorkSafe’s court costs of $1200.

The clip was on YouTube for nearly two months when it was seen by his boss in July last year. Mr Ward was later sacked for misconduct.

WorkSafe told the court Mr Ward was not wearing a seatbelt and put him at risk of serious injury or death.

WorkSafe’s Executive Director (Health and Safety) John Merritt, said forklifts were among the most dangerous pieces of equipment in Victorian workplaces accounting for 56 lives since 1985. Of these 19 were forklift drivers.

Mr Merritt said unless forklifts were used correctly the consequences were often serious especially if a seatbelt was not used and the machine tipped.

“In this case, the young man has put himself at risk, and while he suffered no physical injury has had to face legal and other consequences which had ongoing consequences.

“With WorkSafe currently running a campaign targeting young workers our message continues to be “Don’t take unnecessary risks.

“You might think you’re in control of the situation, but when something goes wrong, it will happen quickly, with little warning, often with permanent consequences.

“Posting stunts like this on YouTube encourages other people to do the same thing, putting them at risk as well.”

The court was told Mr Ward’s suspended forklift licence would be cancelled after today’s guilty plea.

OHS NEWS TIP - Forklift Safe Work Method Statement, Forklift Safety Training DVD

WA: Safety Focus at Oil and Gas Workshop

Thursday November 13th 2008 07:18 a.m.

An International Standards Workshop for the Australian Oil and Gas Industry will take place in Perth from 19 to 20 February 2009.

According to Standards Australia, the workshop aims to broaden the knowledge of oil and gas professionals, authorities and service providers in relation to international standards for their industry and to improve understanding of how standards fit into a safety regime.

The workshop will review and discuss the work of the various entities involved and explore how other countries have adopted oil and gas standards.

OHS News Tip: Oil & Gas Safety OHS Audits
Report by Julia Alder, OHS News Reporter - Do you have an OHS News Story - Let us know

WA: Worker Dies After Scaffolding Fall

Thursday November 13th 2008 07:18 a.m. Source: WA Today

A 25-year-old man has died after falling nearly five metres while disassembling scaffolding on a building site in West Perth this afternoon.

WorkSafe WA has launched an investigation into the work-related death, which happened after the man had been re-roofing the building.

It is understood the man, whose family is in Ireland, fell onto the footpath of Hay Street where attempts were immediately made to resuscitate him.

The site is close to the WorkSafe WA headquarters, where its inspectors were on the site within minutes.

A hospital spokesperson said the man’s family, who are currently in Ireland, had not been notified of his death.

WorkSafe commissioner Nina Lyhne said any work-related death was a tragedy.

She relayed her sincere condolences to the man’s family.

Witnesses to the tragic incident were being interviewed by Worksafe.

OHS News Tip: Scaffolding Safe Work Method Statements

VIC: Man Injured In Farm Accident

Wednesday November 12th 2008 06:55 a.m. Source: Weekly Times Now

A contractor had both legs broken in an accident involving a hay baler near Warragul, in Victoria, late yesterday.

WorkSafe spokesman Michael Birt said the baler had become blocked and while the man, 37, had switched off the baler, the tractor was still running.

“He went around the back of the baler and the hydraulic ram that pushes the bale out has given him a kick and broken both his legs,” Mr Birt said.

He said the man would be unable to work for at least six week.

Mr Birt said the incident in Warragul followed an incident near Benalla last week when a 54-year-old man was injured while performing maintenance on a header and part of it fell on him.

Mr Birt said farmers and contractors using balers and headers needed to be aware of the stored energy in springs and hydraulics.

“They need to make sure the power is off to all the gear before doing any maintenance, otherwise they run the risk of being killed or suffering many broken bones,” Mr Birt said.

“If they’re working alone it could be many hours before they are found.”

Mr Birt said machine guards should be left in place, even though it was tempting to remove them when the equipment was blocked.

He said farmers and contractors were working very long hours at this time of year and needed to make sure they had adequate breaks and time to repair their equipment.

“People take short-cuts at a time when they should not be,” Mr Birt said.

“Getting hurt is just not part of the job.”

OHS News Tip: Farming Industry Safe Work Method Statements

QLD: 'Test' Disaster to Improve Mining Safety

Wednesday November 12th 2008 06:49 a.m.

A test rescue exercise which simulated a major mining incident has been undertaken at an underground coal mine. 

A loaded fuel tanker with “faulty brakes” veers out of control while driving down a ramp at a mine. The vehicle crashes into an open pit and catches fire. This causes smoke and noxious gases to enter the underground workings.

Under the simulation, underground miners had to find their own way out, while workers above ground activated the emergency response and dealt with the burning tanker.

A exercise such as this is carried out at various underground coal mines each year in an effort to assist the state maintain its standard of mining health and safety.

OHS News Tip: Mining Industry Safe Work Method Statements

Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

SA: Driver Dies replacing Wheel on Bus

Wednesday November 12th 2008 06:39 a.m.

A bus company has been fined $45,000 for failing to provide proper training and safety management which caused the death of one of its drivers.

A coach driver died when he was crushed by an incorrectly jacked-up coach. He had been trying to change the flat tyre of the bus.

According to SafeWork SA, the bus company had failed to instruct the driver on proper jacking methods, had not clearly marked the jacking points on the coach, and had failed to provide a safe operating procedure for wheel-changing.

The company pleaded guilty to breaching the Occupational Health Safety and Welfare Act 1986.

The company must also pay the maximum compensation to the driver’s family of $20,000

OHS News Tip: Replaying Tyre & Rims Safe Work Method Statements

Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

QLD: Chainsaw Training leads to Worker's Death

Tuesday November 11th 2008 07:32 a.m.

A training provider was fined $13,000 for breaching OH&S laws after a construction worker he was assessing died in September 2006.

The training provider was hired to assess the construction workers for a level two chainsaw certificate. 

During the session, when one of the workers was performing a “back cut”, the trunk of the tree splintered, causing the tree to fatally strike and pin him against another tree.

An investigation by Workplace Health and Safety QLD found the trainer had failed to adequately assess the risks posed by the lean of the tree and its potential to splinter.

The safety authority said it was important for proper risk assessment and safety measures to be taken during training.

OHS News Tip: Chainsaw Operation Safe Work Method Statements

Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

SA: Teachers Victims of Class Room Attacks

Tuesday November 11th 2008 06:47 a.m. Source: Adelaide Now

Classroom attacks continue to harm more teachers than falls, accidents, bullying or stress, according to official figures.

Education and Children's Services Department documents reveal assaults and other deliberate injuries were the cause of about 350 incidents reported by staff in the first four months of this year.

The majority occurred at primary schools and special education centres.

The latest figures also show that between January and April, a further 220 injuries resulted from work pressures, 175 were the result of slips or falls, 140 from bullying, about 90 were muscle strains from lifting or bending, and about 50 were accidents.

During the same period last year, staff reported 410 deliberate injuries or attacks, again mostly in primary and special education workplaces.

There were 190 reports of injuries resulting from work pressure, 180 from slips or falls, 150 from bullying, 110 from strains and about 50 from accidents.

Last year, most reported incidents happened in the Southern Sea and Vines region, followed by Kumangka Para, Metro West and Salisbury.

Education Department chief executive officer Chris Robinson said the department was committed to a zero-harm vision and had safety programs in place to prevent workplace injuries.

"Every workplace injury or safety matter is of concern and we encourage teachers and staff to report any issues so we can act on them immediately," he said.

Mr Robinson said about one third of the deliberate injuries reported this year happened in special schools.

South Australian Primary Principals Association president Steve Portlock said there was a growing number of students with extreme behavioural problems in mainstream schools and teachers could be assaulted when dealing with them or trying to break up schoolyard fights.

Mr Portlock said teachers were given "a fair bit of training and development in identifying kids that are upset and how to calm situations down and deal with conflict".

Opposition Education spokesman David Pisoni was concerned violence was the No.1 cause of injuries to teachers.

"Teachers should be able to go to school and do their job safely without the risk of being a victim of crime," he said. He questioned what the State Government was doing to protect teachers and create a safe working environment.

OHS News Tip: Class Room Attacks Safe Work Method Statements

NSW: Another Migrant Worker Died From The Job

Tuesday November 11th 2008 06:40 a.m. Source: The Sydney Morning Herald

Another temporary migrant working on a 457 visa has died from injuries sustained on the job after attempts by the union to visit his worksite were repeatedly thwarted, the Australian Manufacturing Workers Union says.

At least nine migrants on the visa scheme have died in work-related accidents in the past two years, at almost double the workplace mortality rate of the general working population.

Lian Ron Xia, a welder from China, died in September from a head injury sustained in an industrial accident at Byrne Trailers in Wagga Wagga. This follows three 457-worker deaths in remote areas revealed by the Herald last year.

The union said officials tried twice before the accident to meet Mr Lian, and other 457 workers employed by the company, but were denied access.

"The employer, Mr Michael Byrne, without any reasonable explanation, denied their right of entry," said the union's state secretary, Paul Bastian. A third attempt to enter the site, after the accident and with WorkCover inspectors, was also blocked, he said.

Mr Byrne did not return the Herald's calls.

The union wants an overhaul of the 457 visa system, which can link a person's ability to stay in the country to acceptance of low wages and unsafe conditions.

"These workers are treated like second-class citizens," Mr Bastian said.

The Department of Immigration and Citizenship said nine migrants on 457 visas had died in workplace-related accidents between January 1, 2006 and October 31 this year. It told the Herald that in September it had no contact details for 1 per cent, or up to 5800 workers, of the 457 visa workforce.

Temporary visa holders were not required to notify the department of their residential address, a departmental spokesman said.

Bob Kinnaird, a migration analyst, said many workers on 457 visas spoke little English, were hired in high-risk industries and felt compelled to accept harsh conditions. "These people are desperate for Australian wages. Even where wages are undercutting local wages, they're much higher than they can get back home," Mr Kinnaird said. "They're over a barrel in the Australian workplace because if they complain, they could be on the plane home within 28 days."

His research found that last year the fatality rate among 457 visa workers was 5.8 deaths per 100,000 people, compared with three deaths per 100,000 workers nationally.

A WorkCover NSW investigation of Mr Lian's case is continuing. It is also the subject of a NSW coronial inquiry.

Meanwhile, the Minister for Immigration and Citizenship, Chris Evans, was presented yesterday with the "human face" of 457 visa exploitation.

Miriam Nhliziyo was one of the five workers brought to Parliament House by union officials. A registered nurse from Zimbabwe, she had 24 years' experience and post-graduate training. She began working in Australia in August 2006.

Her employer reneged on her application for permanent residency when she tried to claim $17,000 in underpaid wages. "It makes me feel used, especially when you've worked two years, loyally, with one employer. It's the idea of being used and dumped that makes you feel bad," she said.

The department said 192 sponsors were formally sanctioned and a further 1353 employers warned last year and this year.

The Federal Government is considering 66 recommended changes to the 457 visa program contained in a review by the Industrial Relations Commissioner, Barbara Deegan.

OHS News Tip: Industrial Safe Work Method Statements

VIC: Governemnt Agency Suffers Blow Out

Monday November 10th 2008 11:19 a.m. Source: ABC News

The Victorian Opposition says important State Government departments and authorities are $8-billion worse off than they were a year ago.

An Opposition analysis of recently tabled annual reports shows the $6-billion operating profit reported last year has become a $2-billion deficit.

The Department of Treasury and Finance and large health and tourism bodies, have reported especially high losses.

The Opposition's Treasury spokesman, Kim Wells, says poor planning of major infrastructure projects has contributed to the turn-around.

"Road buildings that have been taking place over last year or so have had blow-outs of around about $300-million," he said.

"We've had blow-outs in the cost of channel deepening, blow-outs in the cost of the fast train."

WorkCover and the Transport Accident Commission also posted operating losses.

"The operating results of the annual reports that were released during the last sitting week of Parliament show a massive decline in the financial position of Victorian Government bodies," Mr Wells said.

"The Government has been wasting billions of dollars in tax payers dollars on budget blow-outs such as Myki."

OHS News Tip: Safe Work Method Statements

VIC: 50yro Man Crushed In Vehicle Accident

Monday November 10th 2008 11:09 a.m. Source: ABC News

A man in his 50s has died after being crushed at a vehicle storage yard at Ringwood, in Melbourne's east, last night.

Police say the man was working alone under the tray of a tip truck when the accident occurred.

He died at the scene.

Detective Senior Constable Rohan Bodsworth says it is not clear how the accident happened.

"Both ambulance and CFA members responded to the scene," he said.

"There was efforts to resuscitate the male. However it was unsuccessful and unfortunately the male has passed away.

"WorkSafe members as well as the Victoria Police are working in conjunction to establish what's happened.

"In due course a further investigation will hopefully reveal what's actually taken place."

Michael Birt from Work Safe says many industrial accidents occur when workers are on their own.

"If people are working on their own, that's actually an added safety risk," he said.

"We have a lot of cases each year where people are working on their own and they don't come home because something has happened during the day.

"Obviously then nobody knows that they're in trouble. And it's only when someone comes looking for them that they found that the person has died."

OHS News Tip: Vehicle Accident Work Method Statements

VIC: WorkSafe Inspectors Have a Job To Do

Monday November 10th 2008 11:06 a.m. Source: WorkSave Vic

WorkSafe has warned that obstructing inspectors, verbal or physical assaults will not be tolerated and that preventing them from doing their job will be followed by investigation or possible prosecution.

Four inspectors were allegedly obstructed in three separate incidents on Thursday and Friday. Police were called to one matter at a Pascoe Vale South building site.

WorkSafe inspectors have the right to enter workplaces at any time to ensure safety standards are maintained, WorkSafe’s Executive Director John Merritt said.

“We will not tolerate any effort to prevent our inspectors from doing their job.

“For obstruction, the courts can fine individuals up to $6,450 for obstructing inspectors while companies can be fined $33,000.

“For assault, intimidation or threatening an inspector, a two year prison term is possible along with fines of nearly $129,000 for companies or nearly $26,000 for individuals.

“We know most Victorians support the role of WorkSafe and our objective to ensure all Victorians get home safely at the end of the day. That right includes members of our team.

“They understand that inspectors have a job to do; they are enforcing the law and we view seriously any attempt to interfere with it in any way.

Legislation:

Occupational Health and Safety Act 2004.

Section 125.     

Offences in relation to inspections

(1) A person must not—

(a) intentionally hinder or obstruct an inspector in the performance of his or her functions or exercise of his or her powers under this Act or the regulations, or induce or attempt to induce any other person to do so; or

(b) intentionally conceal from an inspector the location or existence of any other person or any plant, substance or other thing; or

(c) intentionally prevent or attempt to prevent any other person from assisting an inspector.

Penalty: 60 penalty units for a natural person

              300 penalty units for a body corporate.

(2) A person must not assault, directly or indirectly intimidate or threaten, or attempt to intimidate or threaten, an inspector or a person assisting an inspector.

Penalty: Imprisonment for 2 years, or 240 penalty units, or both for a natural person; 1200 penalty units for a body corporate.

A penalty unit is currently valued at $107.40

OHS News Tip: Safe Work Method Statements

NSW: Serious Injuries After Worker Falls

Monday November 10th 2008 11:03 a.m. Source: Daily Liberal

A man sustained serious injuries yesterday after falling several metres at his Gilgandra workplace.

Police and ambulance crews attended the site of the 25-year-old’s work at MPH Sherwell - an agricultural storage and handling equipment company.

The matter has been referred to WorkCover, with the man’s workplace refusing to comment after the accident yesterday.

A spokesperson from the WorkCover media unit said the man suffered serious injuries and was transported to hospital.

“The 25-year-old was injured at his workplace, which makes grain silos,” the spokesperson said.

“It is believed he was working on top of a silo and went to lower himself to the ground.

“As he lowered himself, something went wrong with his harness and he fell four to five metres to the ground.”

The spokesperson said he did not know the full extent of the man’s injuries, but said they were “serious”.

WorkCover is investigating the incident.

OHS News Tip: Safety Harness Safe Work Method Statements

VIC: high Wind Causes Wall To Collapse

Monday November 10th 2008 10:58 a.m. Source: Geelong Advertiser

Construction bosses failed to provide a safe workplace when a concrete wall collapsed on an Apollo Bay building site, a Geelong court heard yesterday.

The Geelong Magistrates Court was told Echuca-based company Permanent Erection Constructions neglected to take into account strong winds in the area at the time of the workplace accident at 121-123 Great Ocean Road in August 2006.
Company directors Andrew Leorke, 51, and David Spedding, 35, pleaded guilty to charges relating to the accident and a subsequent prohibition notice from the state's safety watchdog.

Scott Johns, the lawyer for the WorkSafe prosecution, said it was lucky no one was injured when the blocks fell onto the roof of a neighbouring café.

At the time of the accident, builders were constructing a 28m-long wall of almost four metres in height made from Hebel concrete blocks,

Mr Johns' summary said workers braced some sections of the wall with pine timber beams after identifying wind as a hazard before construction, but nine metres of the wall remained unbraced.
The wall collapsed on August 16.

 Reports from the nearby Cape Otway weather station recorded winds of up to 35 km/h, gusting to 56 km/h.
Mr Johns said a following WorkSafe investigation revealed the company ``installed temporary bracing which was inadequate . . . and of unsatisfactory design and construction with nails too close to the ends of the timber''.
``There was a failure to have proper regard for the winds in the area.''
The case was adjourned until December 3.

OHS News Tip: High Winds Safe Work Method Statements

QLD: Four Wheel Bikes Lead Rural Death Statistics

Monday November 10th 2008 06:40 a.m. Source: Gympie Times

They can be a farmer's best friend and a load of fun for teenagers, unfortunately they can also turn killer.

WorkCover says about 10 people die each year in Australia from quad bike accidents.

Glastonbury's Mark Piepers is a regular quad bike user; he knows first hand how contrary they can be. While he finds it a versatile and convenient piece of machinery, he's not surprised to hear they are one of the leading causes of death and injury on rural properties. He agrees they can be a challenge for even seasoned riders because there is a tendency to be complacent on them when you are busy doing chores on a farm.

A couple of months ago he was moving bulls on his and wife Mary's cattle property when he experienced how quickly things can go wrong.

"I'd dropped bulls off down near the creek and I was just heading back up, not doing anything silly, when a front wheel just collapsed," Mark recalled.

He was catapulted headfirst into the ground and the machine came over on top of him, landing on him, and pinning his knee to the ground.

The incident has certainly not stopped him using his quad and he admits to usually not wearing a helmet, despite receiving deep cuts to his head in the accident.

"I don't usually put on a helmet around the farm; although if kids are here I make sure they wear one," he said. "If I went on a road for some reason I'd make sure I had one on then."

Mark, who raced motorbikes for a number of years, said the accident has certainly slowed him down. He thinks the reason there are so many accidents on quad bikes is because people have a perception they are somehow safer on four wheels and it gives them a false sense of security.

"Motorbikes can be safer but they're just not as useful around a farm. I've been thinking of buying a Gator they have a lower centre of gravity. Quads can tip very easily the accident has slowed me down. And that's the best advice I can give people is to just slow down."

Executive director of Farmsafe Queensland Jamie Cupples, said the overall message is that quad bikes can be dangerous and he recommends that people carefully consider the purpose for which the machine will be used.

"Look at the design, look at what you want to do with it.

Farmsafe can help with advice, or talk to a reputable dealer," Mr Cupples said.

He said it was important to remember that a rider required sufficient strength, weight and agility to operate quads safely.

North Coast Regional Office Traffic Co-ordinator Peter Flanders recommends people undergo a training course because it is often rider inexperience and complacency that results in tragedy.

OHS News Tip: Four Wheel Bike Safe Work Method Statements

QLD: New Ambulances To Handle Obese Patients

Thursday November 6th 2008 06:48 a.m. Source: The Courier Mail

The Queensland Government is purchasing super-sized ambulances with hydraulic lifts to cope with an increasing number of obese patients.

Queensland Ambulance Service medical director Stephen Rashford confirmed the move yesterday, saying it was necessary to be able to transport extremely obese patients safely as well as to "protect staff".

Two of the ambulances are expected to be operational in Brisbane, and one in Townsville, by the end of the financial year.

Each vehicle costs about $200,000, double the price of ambulances already in use.

Paramedics have welcomed the decision, saying the obesity epidemic has resulted in some cases having to be transported on the backs of utes.

Ambulance union state organiser Jason Dutton said having mega-sized vehicles fitted with lifts was an important workplace health and safety issue for officers.

"We have ambos hurting themselves all the time because of lifting," he said.

Queensland Health also has recently purchased two hydraulic lifts, capable of handling weights of up to 500kg, for its Coopers Plains morgue, on Brisbane's southside, where the incidence of extremely obese bodies has been on the rise.

Coping with the obesity epidemic is putting an increasing burden on an already strained health system.

In April, an RAAF Hercules had to be flown from Sydney to Mount Isa to transport a 258kg patient to Townsville for an operation estimated to have cost $250,000.

Careflight doctor Stefan Mazur, who was involved in the case, said difficult medical retrievals for super-sized patients were likely to become more frequent.

"We are getting patients quite regularly who are 180kg," he said.

Australian Medical Association Queensland president Chris Davis called on governments to invest more in preventative healthcare.

Dr Davis said overweight people were at increased risk of heart disease, type 2 diabetes, colon and breast cancer, and even dementia.

OHS News Tip: Workplace Safe Work Method Statements

ACT: Minister Briefed On Workplace Bill

Thursday November 6th 2008 06:46 a.m. Source: The Daily

The federal government is due to introduce its Fair Work Bill to usher in a new workplace relations system into parliament in the next few weeks after state and territory ministers were briefed on the draft on Wednesday.

The ministers agreed to have their senior officials meet to discuss transitional arrangements from the Howard government's Work Choices industrial relations regime to a new national workplace relations system covering the private sector.

This would involve talks on governance and service delivery matters, including compliance and industrial tribunals.

Federal Workplace Relations Minister Julia Gillard briefed the ministers in Melbourne on Wednesday on the detail of the substantive draft Fair Work Bill which will introduce the majority of the system from 2010.

Other elements such as the national employment standards, new unfair dismissal rules, and possibly fair bargaining rules, are expected to come into force in mid-2009.

Federal parliament resumes next week and will sit for two weeks this month and is scheduled to sit only for the first week of December.

Ms Gillard has said she expects the bill will be referred by the Senate to an inquiry and that it could be Easter before the legislation is passed.

Wednesday's meeting was the first chance for the ministers to hear final details of the bill after a key government-hosted committee of community, union, employer and government representatives - the Committee on Industrial Legislation (COIL) - met for 10 days to finalise the detail.

Last week, Ms Gillard announced that full-time members of the Australian Industrial Relations Commission (AIRC) would be offered roles in the new body, Fair Work Australia, which will be lead by the current AIRC president Justice Geoff Giudice.

The meeting also received a first report into a national review into a model for national occupational health and safety laws with a second report due to be handed to the ministers in January.

OHS News Tip: Workplace Safe Work Method Statements

NSW: Company Fined $162k For Deficient Work Procedures

Wednesday November 5th 2008 09:24 a.m.

A manufacturer of plastic water tanks has been fined $162,500 after an explosion caused two deaths.

The men died when they were trying to pull a tank from a mould and the compressed air caused an explosion.

The company pleaded guilty to breaching occupational health and safety laws.

The judge held that the accident was a serious deficiency in the day-to-day system of work.

OHS News Tip: Job Safety Analysis Safe Work Method Statements

Report by Julia Alder, OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

SA: Pully System Failure Kills Skipper

Wednesday November 5th 2008 09:23 a.m.

SafeWork SA is investigating an incident last week where a man was killed at sea.

The man's vessel had been using a capstan winch and rope and pulley system to retract a stabiliser. The pulley mounting point failed, and the rope struck the man on the head. He was knocked into the handrail and steel rigging, sustaining fatal injuries.

The authority has warned all employers and workers to ensure their equipment is well-maintained.

OHS News Tip: Winch Safety Safe Work Method Statement
OHS News Tip: Rigging Safety Safe Work Method Statements

Report by Julia Alder, OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know

Finger Crushed in Lock-Out Procedure

Wednesday November 5th 2008 09:21 a.m.

A company has been fined $13,500 for safety breaches during a safety enhancement procedure in 2005.

A worker had his finger crushed while he was attempting to change tools on a spark plug tube-making machine.

The component maker company had been upgrading the machine's safety access gate by installing an interlock switch. The aim was for the machine to power down when the gate was opened.

However, the electrical wiring was not complete, so when the access gate was opened by the worker, the machine continued running.

The company pleaded guilty to breaching the Occupational Health Safety and Welfare Act 1986. It had failed to provide plant in a safe condition, safe systems of work, instruction, training and supervision.

The court found the company had failed to follow its own procedures. Normally, a yellow tag would be placed on the equipment to indicate an incomplete upgrade. In this instance, this was not done. The company had also failed to train all employees in lockout procedures

OHS News Tip: Lock-Out Of Plant Safe Work Method Statement

VIC: Kossman Under Scrutiny

Tuesday November 4th 2008 07:20 a.m. Source: The Sydney Morning Herald

The Transport Accident Commission and Worksafe Victoria are the subject of a new Ombudsman's investigation into why they failed to detect clearly inappropriate bills submitted by Thomas Kossmann and other surgeons.

The investigation is separate to the report Ombudsman George Brouwer released last week that found The Alfred's former trauma chief rorted public funds, and which identified serious management failures at the TAC and Bayside Health.

Mr Brouwer referred to his separate investigation into the TAC and Worksafe in the Kossmann report where he accused the TAC of taking little action in investigating the billing practices of Professor Kossmann until its then chief executive, Paul O'Connor, was interviewed under oath.

Mr Brouwer said his investigation into the Kossmann affair did not begin until mid-December last year — two months after the first media reports of Kossmann's alleged rorting and more than three months after The Alfred began its own review into his conduct.

"It was only after the CEOs of each organisation were interviewed by my investigators … that senior administrators took significant steps to examine the billing practices of Professor Kossmann, as well as other surgeons," Mr Brouwer said.

The results of a preliminary TAC audit of surgeons' billing in Victoria has identified more than $7 million in suspect invoices.

Mr O'Connor resigned as TAC chief earlier this year, several months before his contract was due to expire. It is believed he was under pressure from the TAC board and State Government over his performance in relation to the Kossmann affair. However, the TAC said he resigned because he was reluctant to move to the TAC's new head office in Geelong.

The TAC's failure to detect Professor Kossmann's dubious billings shocked two former senior TAC managers, who told The Age last week that the commission had computer systems that were able to detect "a suburban physio who put two bills in for one treatment".

OHS News Tip: Workplace Safe Work Method Statement

ACT: College Being Sued Over 5yr Old Boys Death

Tuesday November 4th 2008 07:20 a.m. Source: The Sydney Morning Herald

The family of a five-year-old boy crushed by a school gate is suing the Catholic college where he died.

Gabriel McBurney was pinned under a 100 kilogram gate that rolled free from its running track at the entrance to Trinity Catholic College in Lismore.

Greg McBurney, a chef at the school, rushed to the aid of his dying son, who had been visiting the school with his mother, Mikhalia Gouros. With the aid of teachers and bystanders he tried to resuscitate him but he died in his arms.

Mr McBurney and Ms Gouros are suing the school for the psychological injury and economic loss arising from Gabriel's death on October 17, 2005.

An inquest into the death, heard evidence the school had been warned about the gate on at least four occasions. It heard that, 12 months before Gabriel's death, Mr McBurney was pinned under the gate's steel frame for at least 15 minutes.

"Our legal action is about accountability. It is about responsibility. It is not vindictive or vengeful," said Mr McBurney, who has been unable to work full-time since the tragedy.

"Recognition is the cornerstone of our legal fight. We have been asking for an apology [from the school] for quite a while. They were more concerned that an apology would be an admission of guilt. Reputations can be rebuilt and coffers replenished but Christian values should remain."

As well as the civil action launched by the McBurneys, WorkCover NSW last week announced it was prosecuting Trinity Catholic College Lismore based on evidence gathered by them, police and the coronial inquest.

A spokesman for WorkCover said the school was being prosecuted under the Occupational Health and Safety Act, which requires an employer must ensure the well-being of all those present at the workplace.

No date has been set for hearings at the Industrial Court of NSW but fines can be substantial.

Trinity Catholic College principal Brother Peter Carroll said the death of Gabriel was tragic and acknowledged the allegations of breaches of the Occupational Health and Safety Act had been made against the school but he could not comment because of the pending legal action.

A Department of Education spokeswoman said gates and fences installed in NSW public schools were thoroughly inspected.

OHS News Tip: Workplace Safe Work Method Statement

TAS: Asbestos Claims Being Tested

Monday November 3rd 2008 02:06 p.m. Source: The Advocate

The Big Penguin will be forensically analysed following serious claims it contains deadly asbestos materials.

Central Coast Mayor Mike Downie said yesterday the council and Workplace Standards Tasmania would assess the iconic structure for asbestos.

This follows claims by the Australian Workers Union, a historian and Asbestos Disease Tasmania creator and asbestosis victim Laurie Appleby that the penguin was built with deadly asbestos materials in 1975.

State Government online records yesterday showed: "The Goliath Cement Co donated all the time and materials as a gesture to the Penguin centenary".

AWU national occupational health and safety co-ordinator Dr Yossi Berger has questioned whether the penguin should be broken, bagged and buried.

"Any product that has asbestos in it presents a risk - full stop," Dr Berger said.

"If it was in my backyard, it wouldn't last very long.

"The council will say `it's all painted therefore it will not release asbestos fibres'.

"It's a bit like saying `this product is loaded with TNT so let's not let anyone with matches go near it'."

Beulah farmer and former Goliath Cement worker Mr Appleby said the penguin had been built with asbestos products.

"Asbestos sheeting was moulded on to allow it to dry," said Mr Appleby, who worked at the Railton factory, now owned by Cement Australia, for almost 11 years before diagnosed with mild asbestosis.

"It's not going to hurt anyone because it's (the penguin's) painted, but if it starts to get broken up, it might be a different issue."

Historian Berris Penrose, who is conducting an asbestos survey on the Railton factory, told The Advocate yesterday the penguin "definitely contains asbestos".

Cr Downie said the council had yesterday contacted various people involved in the construction and did not believe it contained asbestos, but an inspection would be conducted regardless.

"It's a duty of care to the community - now it's been raised with us we feel we are obligated to do an assessment on the structure to make sure it's not the case," Cr Downie said.

The Goliath Cement asbestos works at Railton closed in 1986.

Since then, 40 ex-workers diagnosed with asbestos diseases have been paid settlements, with more expected to come forward, the AWU says.

Workplace Standards Tasmania general manager Roy Ormerod has shifted most of the Big Penguin responsibility to the council.

"The penguin is the responsibility of the Central Coast Council and, therefore, it is up to the council to conduct an on-site risk assessment if there are concerns," he said.

OHS News Tip: Asbestos Removal Safe Work Method Statement

NSW: Backhoe Crushes Worker

Monday November 3rd 2008 02:06 p.m.

The NSW Department of Primary Industries has investigated an incident where a worker was crushed by a backhoe loader against a handrail and steel structure.

The worker, who sustained severe bruising, had been attempting to lift a steel floor plate into position using a backhoe loader. The backhoe was on a slope entry to a sump containing water and coal.

When the backhoe driver deployed the stabiliser jacks, the machine began to slide down the slope towards the worker. The worker became trapped when the boom on the backhoe forced the handrail onto the worker.

Australian Sandard AS 1418.8-2002 (part 8) deals with special purpose appliances for cranes, hoists and winches.  When earth moving equipment is used as a crane for transporting loads, operators should undertake a risk assessment, taking into account the Standard's requirements. 

The assessment should look at the suitability of the machinery to operate on a slope, the ground conditions, stability, positioning of pedestrians and the foot pad types.

Employers should also ensure they have safe work procedures in place to ensure the appropriate machine is selected for the task, and identify all safeguards to ensure no person is placed in a position where they may be harmed

OHS News Tip: Backhoe Safe Work Method Statement

VIC: Court Deems Council to be an Employer

Monday November 3rd 2008 02:01 p.m.

The Supreme Court of Victoria has upheld WorkSafe’s interpretation of the Occupational Health and Safety Act 2004 (the Act) concerning the meaning of an "employer".

Last year, WorkSafe conducted an inspection of a livestock exchange as part of a statewide project targeting saleyard safety. The project focussed on improving safety around livestock loading ramps.

WorkSafe issued safety improvement notices to the local municipal council, which owned the yards, but leased them to a private company.

The notices required a range of improvements, including managing the risks of people coming into contact with animals, and installing better gates to manage the flow of livestock.

The council argued that it did not hold health and safety responsibilities at the saleyards as it did not employ the people who worked there.

Section 23 of the Act requires employers, so far as reasonably practicable, to ensure people other than employees are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking.

The court found that the council was an employer and that the stockyards were part of its undertaking.

It also confirmed the Act’s purpose, which included securing the health, safety and welfare of employees and other people at work.

The court also noted that section 5 of the Act contained a broad, general definition of 'employer' and that there was nothing in section 23 to suggest that the word 'employer' in that section was meant to have a meaning other than that in section 5.

Prior to the court's ruling, the council rectified the situation by developing a safety action plan for the saleyards.  It implemented measures to prevent contact between people and animals in loading ramps and installed improved gates to manage cattle flow.

OHS News Tip: Workplace Safe Work Method Statement

VIC: Congratulations to Victoria’s workplace safety heroes

Monday November 3rd 2008 07:22 a.m.

Eight people and companies with an extraordinary commitment to making workplaces safer were tonight recognised for their achievements at the 20th Annual WorkSafe Victoria Awards.

Awards were presented in seven categories in front of around 900 people at a gala event held at Crown Palladium in Melbourne tonight.

There were 134 entries with 25 finalists in this year’s Awards from which the eight recipients were chosen.

WorkSafe Victoria’s Executive Director (Health and Safety) John Merritt, said this year’s Award recipients had made outstanding contributions, not only to improving the safety of their colleagues, but the wider community.

‘The commitment to workplace health and safety we see every year through these Awards gives us
a real buzz. It’s great to see our messages getting through and being embraced by so many.

‘Each finalist and Award recipient should be extremely proud of their efforts. By making safety an integral part of what they do, in our eyes they’re all winners.

‘Through their innovation, commitment and leadership they’re helping us achieve the important goal of making Victoria a safer place to work,’ Mr Merritt said.

Recipients of 2008 WorkSafe Victoria Awards

• Health and Safety Representative of the Year – joint recipients

Derek Jones - OTIS Elevator Company, South Melbourne
William B. Thomson - Department of Human Services, Melbourne Youth Justice Centre, Melbourne

• Health and Safety Committee of the Year - Kmart Supply Chain, Hoppers Crossing
• Best Design for Workplace Safety - Toll Autologistics-Vehicles in partnership with J. Smith & Sons, Laverton North
• Best Health and Safety Initiative for Small Business - Bill Grant Engineering, Bendigo
• Best Solution for Preventing Musculoskeletal Disorders - Toll in2store & Layer Tech Pty Ltd, Altona North
• Best Solution to a Health and Safety Risk - Smarter Safer Solutions, Portland
• Best Strategy for Health and Safety Management - Nestle Uncle Tobys, Wahgunyah

OHS News Tip: Workplace Safe Work Method Statement