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

OHS News - July 2008

VIC: Man Crushed To Death By Heavy Machinery

07:34 am, Friday 25 July, 2008

Source: News.com.au

Brewing giant Fosters faces fines of up to $2 million after pleading guilty to charges over a workplace death in Melbourne.

Cuu Huynh, 58, was critically injured when his head became caught between a pressurised door on a machine and a railing at the company’s Abbotsford plant on April 13, 2006.

He died in hospital seven days later from asphyxiation.

Fosters Australia Limited today pleaded guilty in the Victorian County Court to two counts of failing to provide a safe workplace.

The global beer giant faces fines of almost $1 million on each count.

Mr Huynh was attempting to fix a problem with the depalletiser, a machine that moves empty bottles through a pressurised door to a chamber where the bottles are unloaded before being filled with beer, when he was killed.

Prosecutor Paul Holdenson QC told today’s pre-sentence hearing a worker had been injured in almost identical circumstances four years earlier, but the company had not improved safety since.

A similar depalletiser machine at the Abbotsford factory was fitted with a protective guard, the court heard.

Mr Holdenson said workers at the brewery were discouraged from shutting down the depalletiser machine in order to fix its problems.

The court heard many workers at the factory were unable to read the company’s standard
operating procedures because they did not speak adequate English.

Mr Holdenson called for Fosters to be fined a “substantial” amount.

The pre-sentence hearing before Judge Jane Campton was continuing.

OHS News Tip: Working Around Heavy Machinery Work Method Statement

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QLD: Safety Audit Finds 80 Breaches

08:35 am, Thursday 24 July, 2008

Source: ABC News

Spot checks of 40 high-risk construction projects on the Gold Coast has found more than 80 safety breaches.

Some were extremely dangerous, including the unsafe set-up of swing stage scaffolds.

The audits were conducted by Workplace Health and Safety inspectors after the deaths of construction workers Steve Sayer, 52, and Chris Gear, 36, who were killed when the swinging stage they were using failed on a Broadbeach building site on June 21.

Two Workplace Health and Safety inspectors were also working full time on the investigation into the fatal accident.

Industrial Relations Minister John Mickel yesterday told a budget estimates hearing nine specialist construction inspectors had been conducting audits of the high-risk projects, including high-rise developments.

“The audits have seen inspectors issue over 80 enforcement notices, more than 30 prohibition notices and over 50 improvement notices to contractors and principal contractors,” he said.

“The notices were issued for a variety of hazards, including the unsafe set-up of swing stages; scaffold maintenance and incomplete scaffolding; lack of edge protection and falling object protection; traffic management; lack of information, instruction and training; and unsafe electrical switchboards.”

Breaches of the Workplace Health and Safety Act which do not pose a risk of serious bodily harm may attract an improvement notice, which orders the problem to be fixed.

A prohibition notice requires immediate action and could mean an immediate stop is put to the activity or the use of equipment if an inspector believes the issue is likely to cause serious injury.

The use of swing stage scaffolds was suspended after the accident, pending an assessment of their use around the state.

Inspectors on the Gold and Sunshine coasts have since issued more than 25 enforcement notices to principal contractors, suppliers and erectors and installers of plant.

Inspectors have also conducted spot checks in the Brisbane CBD, with regional areas to be commenced shortly.

A tripartite reference group of Workplace Health and Safety, unions and the construction industry had also been formed to determine whether to permanently ban the controversial scaffold.

Opposition industrial relations spokesman Tim Nicholls said there were concerns not enough inspections had taken place before the accident.

“I understand, post the event, certainly it is an opportunity to react, but the concern that many people raised was whether enough had been done prior to those events occurring,” he said.

Mr Mickel said local MPs would always claim there were not enough inspections.

“You will always get people who say that the inspectors were not hard enough. If you talk to employers, they will say that they are too hard. It is always a matter of getting the balance right,” he said.

He said on the Gold Coast in 2007-08, inspectors carried out 2198 workplace assessments related to construction activity and issued 1217 notices.

“This was the highest number of notices issued and the highest rate of notices issued for assessment of the construction industry of any district in southeast Queensland,” he said.

“That is why I thought your comments about those inspectors were unfair. I must say that I have written to those inspectors saying that I have faith in them.”

He said there had been a decline in fatal and non-fatal injury claims on workers’ compensation since 2003-04.

“There has been heightened workplace health and safety on the Gold Coast over the last 12 months,” he said.

“The number of enforcement notices issued has increased by 38 per cent since 2006-07.

OHS News Tip: Scaffolding Safe Work Method Statement

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QLD: Rising Fuel Prices Causes Fatigue Amongst Truck Drivers

08:26 am, Thursday 24 July, 2008

Source: ABC News

Truck drivers across the country will next week park their rigs and stop work to protest against rising fuel costs and declining pay rates.

Organisers aim to shut the industry down for a fortnight, with drivers complaining they’ve had to bear the brunt of a rise of 50 cents a litre in the price of diesel in less than a year.

They say while the big players can pass on that added cost, smaller owner-operators are paying thousands extra on their fuel bill every month.

The Transport Workers Union (TWU) says the soaring costs and a desperation to meet repayments on trucks are forcing truckies to work harder, longer, and faster, putting them and the wider public at risk.

The union’s Tony Sheldon says the TWU is now threatening to escalate the protest into a full-scale blockade.

“It’s breaking point. Drivers are literally being forced to put their lives and other’s lives at risk,” he said.

OHS News Tip: Fatigue Management Safe Work Method Statement

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TAS: Chemical Handling Takes Its Toll

09:03 am, Monday 21 July, 2008

Source: The Ausralian

When Phillip Moon joined the Royal Australian Air Force in 1970, he was a super-fit 17-year-old keen to follow in the footsteps of his father who served with the navy in Korea.

He wanted to defend his country, make some mates, see the world. He never imagined the air force would make his life a living hell.

Moon spent most of his career as a storeman and packer at the RAAF base in Amberley, 50km west of Brisbane, home to Australia’s fleet of F-111 strategic bombers.

During his time at Amberley he came in contact with more than 200 different chemical products, was doused almost daily in aviation fuel and supervised the burn-off of old drums of SR51 – a notoriously corrosive sealant – without gloves or other safety equipment. The stench of the burnt-off fumes was so strong it made many men vomit and gave them piercing migraines.

Today Moon, 56, suffers 30 serious health problems including asthma, diabetes and breathing difficulties. His liver is twice the size it should be. He has no sense of taste or smell, experiences anxiety attacks and stutters when stressed.

“I suffer short-term and long-term memory loss,” he says. “I can’t remember my childhood, just one or two little things. I can barely remember joining the air force.”

When prime minister Robert Menzies ordered 24 F-111s in 1963, Australians were told the bombers would revolutionise the nation’s defence capabilities. But today hundreds of F-111 workers and their families are suffering from cancer, leukemia and severe mental-health problems caused by exposure to toxic chemicals. Others have already died, some by committing suicide.

Many of those still alive have not received a cent in compensation. They say the F-111′s toxic legacy should be a national scandal.

Unlike in most other aircraft, the fuel tanks in the F-111 bomber did not contain internal bladders. This meant workers had to work inside the fuel tanks, stripping and resealing them with chemical sealants to prevent leaks. About 1300 people – including 100 civilians – were involved in the deseal/reseal program at Amberley between 1977 and 2000.

The chemicals they were exposed to included benzene, a known cause of leukemia and hematological cancer; chromium VI, known to cause pulmonary, lung and gastrointestinal cancer; and carbon black, which has been linked to lung and oesophagus cancer.

Former maintenance worker Barry Willis, 64, worked shifts of up to 11 hours inside the cramped tanks dressed only in his shirt, shorts and boots. At times the heat was unbearable; sometimes it was near freezing.

He says workplace health and safety was non-existent: open cans of chemical sealant were stored in the refrigerators where the men kept their lunch.

“I used to be so bad my skin would excrete a yellow substance all over my body into the white pillow sheets,” he says. “My wife couldn’t get the stains out of them.

“I’ve had skin irritation for 20 years. I still have headaches. I’ve had breathing difficulties. I had sexual problems; my testicles swelled up so big they looked like footballs. I’ve had growths all the way up my body: my toes, legs, crotch, underneath my arms.”

When he complained about his symptoms to the RAAF, Willis says he was sent to “quacks” who knew less about chemicals than he did. Others were sent to psychiatrists, psychologists or just told to go away.

Willis says he knows at least 35 former F-111 maintenance workers who have died in recent years, most from cancer or suicide.

After numerous complaints of memory loss, fatigue and skin problems, the deseal/reseal program was suspended in January 2000 and the Howard government launched a board of inquiry which criticised the RAAF for failing to take the workers’ health complaints seriously.

“If anybody is to be held accountable,” the inquiry said, “it is the air force itself.”

A rigorous four-year study of health outcomes, commissioned by the Australian Defence Force and undertaken by the University of Newcastle, found a 50 per cent increase in cancer among men who worked on the F-111 deseal/reseal program.

“The increase in cancer was a very strong result,” says John Attia, co-author of the Study of Health Outcomes in Aircraft Personnel. “That was the thing that really struck us.”

The study also found an almost two-fold increase in depression and anxiety, a 2.5-fold increase in sexual dysfunction and a two-fold increase in obstructive lung disease.

In response to the study, the Howard government announced a $21 million compensation package _ including one-off payments of up to $40,000. The payments were described by maintenance workers as woefully inadequate. Many said $40,000 wouldn’t cover their medical bills. Hundreds of RAAF workers and their families say they have been cheated out of restitution.

“I have not received any personal compensation from the government,” Willis says. “The Howard government did not accept compensation claimants unless they had deseal/reseal stamped into their personal records booklet.”

Moon, who also hasn’t received compensation, thinks it is “scandalous” that welders, general hands and storemen who worked at Amberley have been told they were not involved in the deseal/reseal process.

“How do they think they got the drums on to the planes?” he says.

Carolyne and Ross Olsen have been suing the commonwealth for six years. Ross worked on the deseal/reseal program from 1979 to 1981 and today suffers neuropathy – damage to the peripheral nervous system – rheumatoid arthritis and psoriasis. He has lost all feeling below his mouth and has been taking chemotherapy drugs for 11 years to stop his body attacking itself.

“He’s got major problems with his short and long-term memory. Friends used to call him the walking dictionary because there wasn’t a work he didn’t know. Now he can’t even read a book,” Carolyne says. “The amount of stress it’s put on me has been horrendous. I’ve had to have counselling.”

After years of stalling, the Olsens were eventually offered $117,000 in compensation. This was cut to $87,000 when it was discovered Ross was on a Totally and Permanently Incapacitated pension. The Olsens were then told they would have to pay $208 a week. “That’s not compensation, it’s an insult,” Carolyne says.

But after years of suffering, F-111 workers and their families finally have cause for optimism. The Rudd Government has launched a parliamentary inquiry into the deseal/reseal program, delivering on an election commitment made by Alan Griffin, now Veterans Affairs Minister.

The parliamentary inquiry, chaired by Arch Bevis, has received 84 submissions from affected servicemen and defence organisations. The inquiry begins public hearings today in Canberra and will move to Brisbane next week.

“It provides an opportunity for the issue to be aired publicly and dealt with properly,” Griffin says. “I hope it provides closure for some people.”

But he warns that increased compensation cannot be guaranteed, even if recommended by the inquiry.

“Parliamentary inquiries can have a mind of their own,” he says. “We want to see what the recommendations are before we commit to implementing them.”

Bronwyn Bishop, Opposition spokeswoman on veterans’ affairs, tells The Australian that the parliamentary inquiry has bipartisan support.

“I think having this inquiry is a step in the right direction. I just hope it’s a fair dinkum inquiry looking for real answers, not just more rhetoric from the Government. This Government has a history of holding inquiry after inquiry.”

Ian Fraser, from the 340-strong desealers support group, says: “We want to see fair and reasonable compensation. So many people have received nothing while some have had quite good payouts. What I’m hoping for is a holistic response to the issue, not people being assessed on a case-by-case basis.”

Liz Agerbeek, founder of the F-111 spouse support group, says: “We’ve got our hopes up that we’ll see justice. This is a tragedy, the biggest industrial tragedy in military history. And it’s a moral issue: we believe we’ve been treated badly.”

She wants the Government to provide all F-111 workers with repatriation health cards and to commission a study into the health impacts on their wives and children, whom she says have suffered as much as the men.

“We were all impregnated with contaminated semen so we have these very rare cancers,” says Agerbeek, whose husband Rudi worked on the deseal/reseal program from 1976-79.

She knows some spouses whose children have been born with extra limbs.

“I have had cancer of the vulva. Others have lost bowels and bladders and their baby-making machinery. We’ve all had menopauses from hell. We also suffer from the same things as the men: depression, mood swings and skin problems.”

The 62-year-old says her marriage almost fell apart.

“I have three children with strange medical problems,” she says. Her eldest son has a motor-neurone condition similar to Asperger’s. Her daughter was born with partial retinas. Her youngest son has had serious heart problems since the age of eight.

“The kids have been so badly psychologically damaged by this,” she says. “I think about all those poor little kids with parents who are mentally stressed, financially stressed, and I shudder for their future.”

After finishing his day’s work at Amberley, Moon would hand wife Glenda his filthy, fuel-soaked clothes to put in the washing machine. “But the chemicals just stuck to the bowl,” he says. “All our clothes became contaminated.”

Soon, Glenda was covered in rashes and haemorrhaging so badly that, like many spouses, she needed a hysterectomy.

Today the Moons rarely leave their two-bedroom home in Bundaberg, Queensland. Phillip needs a walker to get around; Glenda’s psoriasis is so bad that driving the car makes her hands bleed. Some days they cry about the children they never had.

Phillip says a compensation payout under $5 million for those worst affected by chemical exposure would be insulting.

“We want to restart our lives,” he says. “We’re not living, we’re just existing.”

The defence sub-committee of the joint standing committee on foreign affairs, defence and trade is due to deliver its report on October 23.

OHS News Tip: Chemical Handling Safe Work Method Statement

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QLD: Public Asbestos Scare

07:38 am, Monday 21 July, 2008

Source: Tweed Daily News

Passengers flying in and out of Gold Coast Airport may be exposed to potentially deadly asbestos fibres in coming months.

Airport bosses have confirmed the presence of asbestos in the terminal ceiling, which will be disturbed when reconstruction work on the terminal gets under way within the next six months.

A leaked memo to airport staff alerted the Tweed Daily News to the problem.

Yesterday, Gold Coast Airport chief operating officer Paul Donovan stressed there would be no risk to passengers or staff.

“No-one is at risk. There will not be two million people affected by this,” Mr Donovan said.

“We will be removing it after hours so that neither staff nor passengers will be introduced to it.”

Mr Donovan said the airport had not yet informed the public about the presence of asbestos because its%renovations had not yet started.

He assured airport users that every step had been taken to ensure their health would not be put at risk in any way.

“We will be operating within the asbestos code of practice for management and control.

“Every safety precaution will be used. The area of removal will be sealed off by plastic walls.

“There is a 65-page manual that prescribes the management and control of asbestos that we are adhering to.”

Asbestos was outlawed in Australia in the late 1980s because of its link to illnesses such as asbestosis, mesothelioma and lung cancer.

When disturbed or broken, asbestos materials can release minute asbestos fibres which can be inhaled into a person’s lungs, with the effects not being evident for decades.

Mr Donovan said he could not confirm how much asbestos was in the ceilings in the terminal.

“The construction company had to submit their plan for removing the building and getting rid of it to us,” he said.

“We walk the talk when it comes to our safety and environment%policies.”

The Transport Workers Union of Australia (TWUA), which represents more than 50 baggage handlers at the airport, was unaware of the situation when contacted by the Tweed Daily News yesterday.

Hughie Williams, branch secretary of TWUA Queensland, said he would pull the workers from the airport if there was any threat to them from the asbestos.

“We are going to pursue it. We will have one of our officials investigate it,” Mr Williams said.

“The airport will have to take absolute total care, or we will not be having baggage handlers at the airport if there is any chance they will be exposed.

“If there is asbestos then we will be addressing that with the airport. “No-one should be allowed in the terminal.”

Mr Williams said he was concerned for workers’ safety.

“We have a lot of members at the Gold Coast Airport. We will take it up with the Gold Coast City Council and make sure that our people in there are safe,” he said.

“We have to take all precautions to ensure the safety of our members.”

In the leaked memo, Gold Coast Airport’s workplace health and safety officer assured there would be no risk to any employees during terminal reconstruction.

The memo also tells staff the airport will do everything in its power to ensure no-one was exposed to asbestos fibres.

Preliminary work for the $100 million terminal redevelopment began in April and is scheduled to be completed by March 2010.

OHS News Tip: Asbestos Removal Safe Work Method Statement

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WA: Catering Firm Offers No Relief

07:33 am, Friday 18 July, 2008

Source: The West Australian

Catering firm Spotless has denied responsibility for the death of a mother of two at a Pilbara camp during cyclone George.

Kitchen hand Debra Till was killed in March last year when winds of up to 275kmh flattened the camp where she was employed by Spotless, one of Australia’s biggest corporate services companies.

Perth lawyer Sharad Nigam said yesterday Spotless had inflicted further grief on John Till, her husband of 29 years. “They have not rendered any assistance so far and the fact they are denying that the deceased was killed in the course of her employment has created further distress for the family,” he said.

It a document dated November 13, 2007, Spotless claimed Mrs Till’s injuries did not fall within the scope of the Workers’ Compensation and Injury Management Act. The company also disputed whether Mr Till was in part dependent on Mrs Till.

But Mr Nigam said Spotless was wrong to shirk responsibility, pointing out that Mrs Till’s terms of employment required her to live at the camp and it was therefore incumbent upon her employer to accept duty of care. He said a post-mortem determined no precise cause of death could be established, however, contributing factors included head injuries, crushing and asphyxiation.

Rather than evacuate the camp, Mrs Till had been told to shelter from the cyclone in a donga and when it was battered by winds she was flung into the air and crushed by flying debris.

“She was required to live at the camp site by virtue of her employment,” Mr Nigam said.

“The donga in which she was contained was blown away from its location and when it landed she suffered fatal injuries because of the impact.

“Mr Till maintains that the cause of Mrs Till’s death being asphyxia is consistent with the impact of cyclone George.”

Spotless spokeswoman Marcia English refused to say yesterday who should be held responsible for Mrs Till’s death, saying only: “Spotless has complied completely and fully with the WorkSafe investigation and the situation is still under review.

“The dependency claim has a statutory defined process and we have been working through that process without any delay in response as it is tragic circumstances which Spotless continues to treat very seriously.

“We hope that the claim can be resolved as soon as possible.”

The storm left two people dead and 28 more injured. A directions hearing into the two deaths at the camp, which was overseen by Fortescue Metals Group, will be held at the office of the State Coroner on August 5 when it is expected that a date will be set for the inquest.

OHS News Tip: Safe Work Method Statements

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VIC: Doctors Working In Fear

09:15 am, Thursday 17 July, 2008

Source: Herald Sun

Doctors in Victoria’s emergency departments are working in fear of psychotic, drug-fuelled and aggressive patients.

Two-thirds believe the departments have become increasingly violent.

Only 10 per cent of those polled denied they were becoming more dangerous, with a quarter saying they could not comment.

Doctors used the survey to call for legislative changes to protect medical, nursing and health staff as the number of serious assaults in the emergency departments increases.

“Patients are becoming more abusive and demanding, due to the lack of resources that staff have available,” one doctor said.

Another demanded “more protection of staff in emergency departments, with the ability to turn away violent/abusive patients”.

Last December a Herald Sun investigation showed serious attacks involving weapons or resulting in injury had soared 60 per cent in a year at 12 of Victoria’s largest emergency departments.

Health workers have fled their jobs after being attacked or threatened, while others have been left suffering post-traumatic stress, depression or drug and alcohol problems.

The issue has prompted the Australian Medical Association to call for safe rooms to isolate aggressive and mentally ill patients, banning repeat offenders and installing metal detectors at high-risk emergency wards.

A decade after beginning his career in emergency departments, Dr Nathan Bushby, 34, is in no doubt the violence is escalating.

In January, Dr Bushby was working at a Melbourne hospital emergency department when a person affected by the drug “ice” bit him on the arm, which required treatment.

Weeks later a colleague was treating a teenager with a chest complaint when her drunk mother pulled a knife and threatened the doctor if he did not do more tests.

Dr Bushby said the fear of danger was taking a toll on many health workers.

“When I was bitten, I was inserting a drip into him as he was shackled to the bed because he was so violent. But he managed to swing his head around and bite me,” he said.

“The guy has bitten you, but you are still obliged to treat him, that is the frustrating thing. You wonder why you bother helping these people.”

Having seen teams of five security guards regularly called to “take down” violent patients, Dr Bushby said he was concerned that police were increasingly using emergency departments as dumping grounds for people with violent personality disorders.

OHS News Tip: Safe Work Method Statements

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VIC: 40 Yr/O Man Crushed To Death By A Crane

09:08 am, Thursday 17 July, 2008

Source: Nine MSN

A man has been crushed to death in an industrial accident north-east of Melbourne.

He was crushed between a crane and the tray of a truck at a property in Ninks Road, St Andrews, north-east of Melbourne, about 5.20pm (AEST) on Wednesday, police said.

The victim, aged in his mid-40s, died at the scene.

Police and WorkSafe are investigating.

OHS News Tip: Crane Safe Work Method Statements

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WA: Twiggy’s Firm Faces Inquest Over Cyclone Deaths

08:53 am, Thursday 17 July, 2008

Source: The West Australian

Andrew “Twiggy” Forrest, Australia’s richest man, will next month become embroiled in a coronial inquest into the deaths of two workers at a Pilbara railway campsite.

News of the inquest comes as the State’s safety watchdog is expected to claim that important safety procedures were not followed at the camp overseen by iron ore miner Fortescue Metals Group, which is controlled by Mr Forrest.

Mother-of-two Debra Till, 47, and Craig Allen Raabe, 42, were killed and 28 people were injured when cyclone George battered the camp in March last year with 275kmh winds, destroying staff dongas. The tragedy raised the prospect of multi-milliondollar damages claims against FMG and other employers with staff at the site. It sparked an investigation that has so far spanned more than a year.

WorkSafe revealed yesterday that its report — expected to be central to the coronial inquest that begins on August 5 — determined who should be prosecuted for occupational health and safety breaches and had been seen by the State Solicitor’s Office.

“WorkSafe has received legal advice in relation to potential prosecution action over the deaths and injuries that occurred during cyclone George in March 2007 from the State Solicitor’s Office,” WorkSafe WA Commissioner Nina Lyhne said.

“That legal advice is still under consideration, but I am confident that WorkSafe’s investigation will be finalised in the very near future.”

The long-awaited inquest is expected to bring relief to the families seeking answers about why senior staff at the camp did not evacuate workers before the cyclone hit.

Mr Forrest has vigorously defended the decision, saying the shelters — dongas — that were blown apart were designed to be cyclone-proof.

Fortescue executive director Graeme Rowley also confirmed in January that without-prejudice payments were made to families of Mrs Till and Mr Raabe before Christmas. But yesterday Jean Cook, 63, the wife of injured worker Graham Cook, 68, said she was frustrated that families were being forced to wait so long for answers.

She said her husband had not understood why terrified workers were instructed to shelter in their dongas.

Mr Cook’s right eye was sandblasted during the cyclone, leaving his vision blurred. He died from heart problems this year.

Lawyers for Mrs Till’s family have issued a writ of summons for negligence against FMG.

FMG said it was co-operating with the investigation.

OHS News Tip: Safe Work Method Statements

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NSW: Suppressed OH&S Report Brings Relief

07:53 am, Wednesday 16 July, 2008

Source: Start Company

A long suppressed review into NSW occupational health and safety laws has been released, revealing recommendations to ease the OH&S duties faced by businesses in that state.

The review by retired Supreme Court judge Paul Stein was finished early in 2007 but has only now come to light as part of a NSW submission to a federal inquiry into OH&S harmonisation.

The NSW Business Chamber, which has been calling for the release of the suppressed report for 16 months, today welcomed the release of the review.

Spokesman Paul Ritchie says the review highlights that changes need to be made to an OH&S system that is widely regarded as the least business-friendly in the nation.

“We have the most onerous system in Australia, the highest number of prosecutions, inspectors and fines, and yet we have injury rates worse than the national average. That says we have a system that isn’t working properly and producing the safety outcomes we need,” he says.

A key recommendation made by the Stein review is to replace the current absolute duty of care on businesses with a duty to do whatever is “reasonably practicable” to ensure workplace safety.

Such a change would decrease the incidence of absurd prosecutions – for example, the NSW Police Force being prosecuted where police are injured in the course of duty – and improve safety outcomes, Ritchie says.

“This is a more sensible approach that recognises you need a collaborative, not adversarial, safety culture in workplaces – that’s what we and others argued and Stein has agreed,” he says.

The review also recommends giving businesses the right to appeal prosecutions to the Criminal Court of Appeal and the introduction of offences where unions abuse rights of entry conferred under OH&S laws.

It is not all one way traffic, however, with Stein also recommending that unions should retain their right to bring prosecutions and that employers should retain the burden of proving compliance with OH&S laws.

But on balance, the NSW Business Chamber argues, the Stein recommendations would improve the NSW system and should be carefully considered by the national review.

“NSW is out of step with the rest of Australia on OH&S, and we are hoping the national review will help to bring it into line,” Ritchie says.

OHS News Tip: Safe Work Method Statements

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