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

OHS News - January 2010

NSW: WorkCover Issues Guidelines on Tilt Up Panels

05:05 pm, Friday 29 January, 2010

WorkCover has released a safety alert on temporary bracing of concrete tilt up panels following an incident involving a collapse of a 40-tonne panel.

The crash has resulted from an installed bracing that was not up to par with the engineer’s design under a moderate wind loading.

WorkCover reminds employers that the design of the bracing should take into account the location, the panels, the work site’s access needs, and the procedure for its installation and dismantling.

The engineer must also review and approve any modifications to the bracing system’s design, before any changes can be made.

The Occupational Health and Safety Act 2000 requires employers to make sure that  training and information to ensure their safety.

According to WorkCover, there are several risk controls measures that have to be incorporated in the safety procedure for the temporary bracing of tilt up panels.

An experienced engineer should prepare a design for the temporary bracing before starting construction work.

There must also be a system to verify that the required braces are installed according to the  engineer’s specifications.

A review must be made by the engineer if there are any changes proposed regarding the installation of the bracing.

Finally, a regular safety inspection must be conducted by a competent person to  check for the structural integrity of the bracing.

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NSW: Staff Refuse Working at Mouldy Facility

07:42 am, Wednesday 27 January, 2010

The staff at a Newcastle medical records storage facility have balked at the idea of returning to work because of the site’s high mould spore levels.

According to the Health Services Union, a test was recently conducted at the Cardiff facility. The testing has revealed mould spore levels 100-times that of tests undertaken almost a year ago.

Last year, 30 John Hunter Hospital refused to work after claiming the  Cardiff site’s medical records had caused breathing problems and skin rashes.

Union organiser Jim Arneman says Hunter New England Health has recommended relocating the staff to assuage their concerns.

“The IRC [Industrial Relations Commission] strong recommendation was that as little as possible work be done at that site so some of the scanning that was occurring there not occur until the risk is controlled,” he said.

“They have also stated they recommend that our members not be compelled to work at that site.

“We’re happy with that, so until such time it can be declared safe, our members won’t be working there.”

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VIC: Handbook for Using Earthmoving Equipment near Electrical Assets

08:40 pm, Tuesday 26 January, 2010

WorkSafe has released a handbook for workplaces dealing with the use earthmoving equipment near overhead electrical assets.

According to WorkSafe, construction businesses are often required to use work around electricity like power lines.

Under the Occupational Health and Safety Regulations 2007, working near electrical installations is defined as a high risk construction work, since it presents a significant risk to the safety of the workers.

Earthmoving equipment covered in the handbook include scrapers.

The handbook provides advice on how to create a safe environment when operating earthmoving equipment near overhead electrical assets.

Some of the topics tackled are the no go zones, risk assessments, safety training and emergency procedures.

For more information, please visit the WorkSafe website.

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NT: Company held liable for worker’s fishing trip gone wrong

07:40 am, Tuesday 26 January, 2010

A question before the Northern Territory Court of Appeal has been raised: Is a worker’s fishing expedition a work-related trip or a recreational journey?

At the center controversy is diesel fitter Paul Clarke, who used to work for the Ranger Uranium Mine.

In 2005, Clarke’s supervisor invited him to go fishing after his shift ended at 6pm.

The worker, who was about to have a 24-hour shift break, agreed to go. Mr Clarke, along with his supervisor and a fellow employee, set off after midnight towards Cahill’s Crossing – a popular NT fishing spot.

The supervisor was at the wheel when their minivan skidded off the road in the dark. They smashed into trees, leaving Mr Clarke with a broken hip and leg.

Mine owner ERA instructed its workers to stay awake late into the night if they were switching from a day shift to a night shift so that their bodies could adjust more easily.

It was “common practice” for workers to go fishing at night, although it was not explicitly stated in ERA’s work policies.

On Wednesday, the Court has ruled that the fishing expedition is work-related and Mr Clarke should continue to receive workers’ compensation.

The judgment reads, “The worker was injured when [the supervisor] lost control of the vehicle and it ran off the road and collided with some trees near Magella Creek.”

Mr Clarke’s first attempt to win compensation before the Work Health Court was unsuccessful. The Court found that his injuries did not happen as a result of his employer’s direction for staff to stay awake late into the night.

He appealed to the Supreme Court, which ruled in his favor. It found a direct link between ERA’s direction and his action of going fishing late at night.

Waylexson Pty Ltd, Mr Clarke’s employee, challenged that decision. However, the Appeal Court dismissed it, ruling that the Supreme Court’s verdict was correct.

“Whilst ERA may not have been aware of this particular fishing excursion it was aware of the general practice and, by its acceptance of that practice, induced or encouraged workers to engage in such excursions during shift changes,” the judgement said.

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SA: Engineering Firm Incurs Fine Over Worker’s Hand Injury

07:25 am, Tuesday 26 January, 2010

Industrial Magistrate Michael Ardlie has convicted and fined the principals of an engineering firm over a workplace incident which cost several of an employee’s fingers.

Trevor and Robyn Haydon (trading as T&R Manufacturing) pleaded guilty to breaching section 19(1) of the Occupational Health, Safety and Welfare Act 1986 in failing to provide plant in a safe condition and appropriate instruction, training and supervision.

In September 2007, a female production worker had been asked to operate a heavy press used to manufacture brackets. While operating the press, a moving part of the machine made contact with her left  hand.

The incident resulted to serious injuries. The worker had to have her four fingers amputated in her injured hand.

According to the Victim Impact Statements submitted to the court, the worker has also suffered disturbed sleep, flashbacks, anxiety and frustration due to restrictions in her social activities and ability to find “gainful employment”.

SafeWork SA argued before the court that the machine was inadequately guarded. According to the According to the OHS agency, a pair of vice grips had been attached to the finger guard at the front of the press, restricting its full range of movement and allowing access to the main moving parts during operation.

SafeWork SA also submitted that the level of information, instruction, training and supervision with regard to use of the machine was insufficient, especially since the employee did not use the machine regularly.

Industrial Magistrate Ardlie said that despite there being policies in place at the time of the incident, “those procedures were deficient”.

He fined the two defendants $10,000 each after discounts of 20% for their guilty pleas and cooperation with investigators.

SafeWork SA Executive Director Michele Patterson noted that insufficiently guarded machines are still a major cause of workplace harm.

“This case highlights an issue that remains a priority for us, as our inspectors work with manufacturers to improve their safety systems before someone is hurt, not after,” Ms Patterson said.

The Barossa Valley principals submitted that they have taken steps to improve safety. They also said the machine is no longer in use.

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SA: Company Fined over Trainee’s Electrical Burn

07:24 pm, Monday 25 January, 2010

An electrical accident involving a trainee.

In 2007, ICE Engineering and Construction Pty Ltd had engaged the then 17-year-old man as a trainee. Sometime around April of that year, the trainee was assigned to a local business to help with work on a circuit distribution board.

He was using an insulated copper to touch a circuit breaker’s live part when an arc flash resulted.

The young man was knocked to the ground and suffered burns to his neck, face, and arms.

In his decision, Industrial Magistrate Michael Ardlie said, “The defendant failed in its obligations to a very junior worker. Whilst it had safety systems in place, those safety systems were not utilised.”

The company pleaded guilty to violating section 19(1) of the Occupational Health, Safety and Welfare Act 1986 in failing to provide a information, instruction and training.

The court heard that the trainee was supervised by a third year apprentice,  who was not qualified for the task. There was also no job safety analysis made on the tasks the trainee was supposed to do. Finally, the trainee had no understanding of the operation and design of the board and its components.

Magistrate Ardlie fined the company $15,000. He denied the company’s application not to record a conviction, explaining, “The incident … has served as a reminder to the defendant that although it may have systems in place, it does need to implement those systems at a practical level in relation to each work site it attends, especially given the environment in which it works.”

SafeWork SA Executive Director, Michele Patterson says the case is a reminder that any workplace safety system must be consistently followed in order to be fully effective.

“Statistically young workers are always at greater risk of harm, and coupled with the hazard of electricity, this incident should emphasise to the electrical services industry that young workers should always enjoy the full protection of a diligently applied safety regime.”

The man was merely three weeks into his training program when the incident happened. He has remained with the electrical and construction company.

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VIC: Manufacturer Fined for Giving Insufficient Information to Customer

06:30 pm, Monday 25 January, 2010

A County Court judge has convicted a manufacturing company for failing to provide safety information about its products to its customers.

Judge Phillip Coish, who described Jalor Tools Pty Ltd as “a small business in difficult times,” fined the Knoxfield company $80,000 earlier today.

Jalor Tools pleaded guilty to two counts under the Occupational Health and Safety Act 1985. The law requires manufacturers, importers or suppliers of plant intended for use in a workplace to provide adequate information about the use for which it has been designed and tested and any conditions necessary to ensure it will be safe and without risk to health.

On December 2006, an East Bentleigh door manufacturer was using a router manufactured by Jalor Tools in designing the front of a door when the router broke into three pieces.

The door manufacturer’s daughter was struck in the chest by one of the pieces, resulting to her death.

It was not alleged Jalor Tools’ failings were responsible for the 31-year-old woman’s death.

During  its investigation, WorkSafe found that the router tool was supposed to be operated at between 6000 and 8000 revolutions per minute. It was operating around 15,000 rpm at the time of the incident.

Judge Phillip Coish said Jalor Tools failed to mark the router with a maximum operating speed. Moreover, it did not provide any written information about the safe operating speed.

WorkSafe’s acting Executive Director, Stan Krpan said the case is a reminder that manufacturers, suppliers and retailers have an obligation to provide information to end-users about their products’ safework procedure.

“Businesses designing, supplying and manufacturing equipment to be used in workplaces also have obligations to the safety of workers who are the end users of that equipment.”

“Control of the ultimate use of the tool may not be possible, however at the point at which it is sold, or even hired, information must be provided.”

“For a small business this is a significant penalty and, in this case, is likely to have a serious impact on this firm.”

“Employers also have an obligation to ensure the equipment used by their business is fit for the purpose intended.”

Mr Krpan said all businesses should look to cases like this and consider their own safety obligations.

“For businesses coming out of tough economic times and buying or updating equipment, now is the time to ensure it meets safety obligations by referring to WorkSafe and any appropriate Australian Standards.

“Meeting, and ideally exceeding, OHS requirements can add value to your product and protect the reputation and viability of the business. Not doing so can lead to disaster,” Mr Krpan said.

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QLD: Worker, Roller Plummet Down on a Ridge

05:55 pm, Monday 25 January, 2010

A construction worker fell 20m down an embankment along with the roller he was operating on Saturday afternoon.

Wulguru Fire and Rescue station officer Scott Marsh, who arrived at the Riverside Ridge site, said the 35-year-old man was being attended to by his co-workers when they arrived.

”He wasn’t under the vehicle when we arrived – we’re not sure if he was ever under it,” he said.

”Initially we tried to get him up on the hill because this was the shortest way, but the nature of the injury meant it was safer to take him down.”

According to Mr Marsh,  the man had been operating the vehicle at the top pf the embankment to seal the road.

The worker was taken to The Townsville Hospital an hour after emergency crews were called to the construction site. The bitumen roller had fallen halfway down the steep embankment.

A Queensland Ambulance spokeswoman said the man suffered head injuries and a laceration to his back.

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QLD: Farmer Trapped Under Tractor

06:01 pm, Thursday 21 January, 2010

A tractor for more than two hours.

The 70-year-old Braemeadows man was driving a tractor that was loaded with toxic chemicals at the back.

He was thrown into a ditch when the tractor overturned near Ingham, in the state’s north, pinning him in the process.

His wife later found him trapped under the vehicle in neck-deep water. His movement was further restricted because the water had mixed with the toxic chemicals the tractor was carrying.

The man was airlifted to Townsville Hospital after the crane lifted the tractor off him.

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WA: Tests Show Asbestos Presence in Gorgon Site

05:33 pm, Thursday 21 January, 2010

Unions have said that laboratory testing of samples around the Gorgon work site have come back positive to blue and white asbestos.

pallets containing asbestos had been cleared from Barrow Island and transported to Dampier.

Unions WA and the Maritime Union of Australia say Gorgon joint venture leader Chevron was remiss in warning workers that the drums they were  transporting contained asbestos, some of which spilled during the clearing operation.

Unions WA secretary Simone McGurk said on Thursday a major concern was the possibility of workers who may have been exposed to asbestos fibres.

“Unions raised this issue with Chevron over a week ago, but so far there has been no response,” Mr McGurk said.

MUA secretary Chris Cain said some of the drums that were handled by workers were not marked or sealed properly.

“It seems that asbestos has spilled onto the pallets and the dirt surrounding the work area,” Mr McCain said.

A Chevron spokeswoman said the unions were aware that asbestos had been put into plastic and then into sealed and marked drums.

She said the company is conducting investigations involving contractors who were part of the collection and remediation process.

“The logistics chain includes the transportation to an approved asbestos site on the mainland and we need to interview the contractors to get to the bottom of the allegations,” she said.

“Everyone involved should be assured that Chevron places the highest priority on the health and safety of its employees.”

Mr McCain said Chevron was aware of the laws and regulations regarding asbestos handling.

“Chevron itself has its own so-called operational excellence management system,” Mr McCain said.

“But as far as I can see all of this was ignored and these workers are likely to have been exposed to some of the most dangerous fibres known.”

Mr McGurk said unions also criticised the response of WorkSafe, whose personnel had taken a week to get to the site.

He added the testing around the loading and supply base facilities in Dampier had also revealed the presence of asbestos.

“(This) increases the likelihood a number of maritime and transport workers may have been exposed,” Mr McGurk said.

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