12:59 pm, Thursday 17 May, 2012

The United Firefighters Union has filed a complaint to WorkSafe ACT claiming that firies’ lives were put to risk when working on roofs.

Canberra Times reports that firefighters have been forced to work from roofs during major storms without proper protection gear. David Livingstone, the union’s ACT branch secretary said that this issue has been raised repeatedly with ACT Fire and Rescue, but not much action had been done.

“It’s an issue we’ve raised with the brigade has had the equipment and the training materials for some years, I don’t know how long, they just haven’t implemented them.”

He also believed that money and time constraints were the main reasons why the fall protection measures were not implemented.

A spokesman from the Emergency Services Agency denied the union’s allegation saying that all recruits received training to safely work at roofs, and that firefighters were subject to proficiency tests when going for promotion.

The spokesman also added that ACT Fire and Rescue has 38 firefighters, 11 station officers and 2 commanders who are all competent to work on roofs and conduct vertical rescue on shift at any one time.

“Every fire truck carries sufficient ropes, harnesses and associated rescue and safety equipment for that crew to work on a roof,” said the spokesman.

“Additional and more specialist equipment is available on the dedicated vertical rescue vehicle at Kambah.”

He also said that new fall protection gears have been purchased and will be given to the firefighters following training.

Work Safety Commissioner Mark McCabe confirmed receiving the complaint on Friday. He said that they are still in the preliminary stages of investigating.

“We now need to go and look at the other side of the coin from the employer, and work out what we’re going to do,” said Mr McCabe.

“It’s a pretty important issue, but all we’ve got is that allegation at the moment.”

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10:57 am, Thursday 17 May, 2012

Photo: WorkSafe Victoria

An Epping-based business and its company director have been prosecuted over serious workplace health and safety charges for the second time in four years.

The company and its director were convicted and fined a total of $124,000 after being charged under the Occupational Health and Safety Act over safety violations in August and December 2009.

In sentencing this week, Magistrate Elizabeth Lambden said that she would have expected safety to be part of the organisation’s day to day operations after it was prosecuted in 2006 for a workplace fatality.

In August 2009, a worker had his finger crushed while using a pipe-bending machine designed by the director. A light curtain, which should automatically stop the machine if a beam was broken had been over-ridden.

Another worker had the tip of his finger partially severed in December 2009 as he tried to remove a piece of metal that had just been cut by saw. The victim’s glove was caught by the saw which did not stop at the rate required by Australian Standards.

An investigation conducted by WorkSafe revealed that the company did not have standardised or consistent training and keys which allowed machines to be over-ridden were kept in them which meant they were not adequately guarded. It was also revealed that the company director failed to take reasonable care for the health and safety of workers who might be affected by his acts or omissions in the workplace.

The company pleaded guilty to one charge in relation to each incident under the Occupational Health and Safety Act 2004. It was convicted and fined $98,000 plus $8000 in costs.

The company director pleaded guilty to one charge in relation to the August 2009 incident under the Occupational Health and Safety Act 2004. He was also convicted and fined $26,000.

The company and its director were first prosecuted in December 2009 over a death of a man at its Epping factory in August 2006. Both were convicted and fined $100,000.

WorkSafe’s General Manager of Operations, Lisa Sturzenegger said that effective machine guarding as well as training of workers were fundamental obligations for all employers and should be a priority for directors, managers and supervisors.

“Ensuring machines are adequately guarded at all times and regularly checked to ensure safety mechanisms are not being circumvented is a basic part of running the business. It maximises productivity and is an investment in the business.

“When machines are not guarded – and that includes guards not being set up or working correctly or being over-ridden – serious consequences can happen in an instant.

“As this case shows, the courts take these issues seriously. Apart from the effect on the individual, a conviction and fines can have significant financial consequences for companies and the people who lead them,” said Ms Sturzenegger.

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12:43 pm, Wednesday 16 May, 2012

A subsea first response toolkit with potential spills will be developed to improve Australia’s offshore petroleum industry safety benchmarks.

Ninemsn reports that petroleum operators and regulators have been reviewing lessons learned from incidents at the Montara and gulf of Mexico. Speaking at the Australian Petroleum Production and Exploration Association (APPEA) conference, Minister for Resources and Energy Martin Ferguson said the government is looking at ways to strengthen the polluter pays principle.

The industry will put up an equipment to be housed in the country, known as the Subsea First Response toolkit SFRT.

APPEA chief David Knox noted that Australia was “off pace” when compared with international benchmarks.

Mr Knox said the SFRT will allow an immediate start to the clean up and control of an uncontrolled release of hydrocarbons.

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11:46 am, Wednesday 16 May, 2012

WorkSafe will conduct a free workshop which is aimed at providing employers with the tools and tips they need to assist injured workers back to work after injury. The event will take place in Sanctuary Lakes on 24 May.

The two-and-a-half hour workshop will focus on the knowledge and communication skills required by employers to improve return to work outcomes. Dr David Bolzonello will talk about return to work from a doctor’s point of view and will also share tips in building collaborative relationships with your worker’s doctor.

According to WorkSafe statistics, around 29,000 Victorian workers suffer work-related injuries each year.

WorkSafe’s Return to Work project manager Danielle Jacobs said that it is essential for businesses to have the necessary skills needed to help get injured workers back to safe work.

“Helping an injured worker to return to safe, sustainable work sooner – even if it’s on reduced hours and modified or alternative duties – can achieve a better return to work outcome in the long-term.”

“It also helps the business maintain productivity and keep the cost of WorkSafe premiums down.”

She also said that a recent employer performance analysis showed employers who participated in the WorkSafe return to work co-ordinator events on average achieved better return to work outcomes than those who didn’t attend.

“Attending this workshop will help you build your return to work knowledge, give you a chance to discuss your return to work issues with experts and meet and learn from other Return to Work Coordinators from your area and industry.”

The event will be held at the Sanctuary Lakes Resort Greg Norman Drive, Sanctuary Lakes from 9.30am to midday.

More information is available on WorkSafe Victoria website.

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08:06 pm, Tuesday 15 May, 2012

Two companies were fined $140,000 over the deaths of two workers during an explosion in Broome in 2008.

The company which runs the Broome depot was fined $80,000 while the transport company fined with $60,000 over the death of these workers.They were also charged with failing to provide and maintain a safe work environment which caused the death of the two workers.

According to The West Australian, the victims, both 51 years old, were killed in December 2008 when a tanker they were standing next to exploded.

In a statement, WorkSafe said the two workers collected two tanker loads of the powder from the depot and delivered it to the wharf in Broome where it was to be transferred to a supply vessel. One of the victims was accompanying the tankers in a car towing a compressor at the time of the accident.

“It was alleged that the transfer of the barite to the vessel could not be completed at the wharf because the powder contained too much moisture, causing it to clog inside the tanker,” said WorkSafe.

While one of the tankers was successfully unloaded, it was alleged that the second tanker was de-pressurised while the inside was manually scraped down and re-pressurised to remove the powder. However, during the final occasion, the tanker exploded and killed the two victims.

“The court was told that the tanker was not maintained in a safe working condition and that it had not been registered with WorkSafe or inspected by a competent person in many years.

“Safety procedures and adequate training had also been neglected, in all probability contributing to the loss of life that occurred that day.

“But the real tragedy is that there were safe systems of work available to both employers that could have prevented these deaths,” said Mr McCulloch.

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06:24 pm, Tuesday 15 May, 2012

The National Standard for Licensing Persons performing High Risk Work (the Standard) was adopted in the Northern Territory on June 30, 2010. The Standard has created training, assessment and licensing of high risk work consistent across Australia to ensure safer workplaces. It aims to facilitate the operation of a nationally uniform, competency-based licensing system to provide portality between state and territories for persons performing certain types of high risk work.

In order to help workers who hold a national certificate of competency cards or ‘old style’ certificates or licences,  a five year transition period was put in place to give workers enough time to convert to the new licence.

Workers who hold an old licence issued from 1996 to 1998 have until 30 June 2012 to convert their licence.

Below are the transitional arrangements:

Two thousand eight hundred and eighty one workers have already converted their licence to the new High Risk Licence since the adoption of the Standard in 30 June 2010.

To be eligible to apply for a license, a worker must:

• Be at least 18 years of age
• Can use English at a level that enables the safe performance of high risk work
• Have the necessary knowledge and ability to safely perform the high risk work
• Demonstrate competency in the safe performance of high risk work under workplace conditions
• Have obtained the required training, assessment, experience and qualifications (to the satisfaction of a registered assessor)
• Apply to NTWS through the Territory Business Centre for a high risk work licence.

More information can be found at NT WorkSafe’s website.

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01:15 pm, Tuesday 15 May, 2012

More than 220 workers lodge WorkCover compensation claims every day and the tax-payer funded body is carrying a $4 billion defecit.

The O’Farrell government’s planned overhaul will cap weekly benefits and ban claims for injuries incurred while travelling to and from work.

The move has triggered a backlash among unions, which are joining forces with the state opposition in fighting the proposed overhaul.

WorkCover has released some of the worst alleged cases, including a man who injured two fingers at work 12 years ago and refuses to go back, despite $1,057,182 in compensation.

A woman who suffered “minor whiplash” 10 years ago has received $751,000 worth of WorkCover-funded treatment, including “botox injections, skin treatments and massages”. WorkCover claims the woman has refused to return to work, undertake rehabilitation or undergo an insurance assessment.

She has also requested compensation for beds, accommodation and domestic help.

A man who strained his lower back 18 years ago has received payouts totalling $667,045 for physiotherapy and hydrotherapy treatments while refusing to attend medical appointments, rehabilitation or return to work programs, the spokesman said.

A woman who injured her ankle in 2006 has claimed over $650,000 in compensation for subsequent sexual dysfunction, back impairment, constipation and minor scarring.

A male worker who strained his left knee in 1992 while returning to work from another injury in 1990 has so far received $1,336,009 in payments for the removal of his pancreas, spleen and treatment of his diabetes.

WorkCover is funded through workers’ compensation insurance premiums paid by both the private and public sector. Premiums in NSW are between 20 and 60 per cent higher than in Victoria and Queensland.

“In its present state, the scheme is not getting workers back to work,” a spokesman said. “While there are fewer claims in the scheme than previously, they are of longer duration and costing more.”

Opposition leader John Robertson said the workers compensation safety net should be strengthened.

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03:19 pm, Monday 14 May, 2012

The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) released a report on Friday saying that oil and gas companies operating in Australia fail to recognise the occupational health and safety risk  caused by ageing facilities.

NOPSEMA chief executive Jane Cutler said that there are three uncontrolled hydrocarbon releases of particular concern because of its potential to ignite offshore rigs and wellheads. The releases occurred last year at a wellhead platform, a pipeline and floating production, storage and offloading vessel.

“From the early design stages of a facility, to the end of its lifecycle, it is up to industry, regulators and operators alike to be vigilant in their commitment to the safety of people working offshore and improve the overall health and safety performance of the petroleum industry,” said Ms Cutler.

According to the report, there are a significant number of facilities in Australian waters which are considered aged or ageing.

“Ageing is considered an OHS concern as, unless a systematic approach is developed, the maintenance and repair resources required to address ageing issues once they have occurred may lead to conflicts between safety and production in the future.”

Perth Now reports that NOPSEMA investigated 57 incidents starting July to December 2011. The investigation also includes 38 incidents which resulted in accidents or injury reports.

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02:01 pm, Monday 14 May, 2012

Two police officers were seriously ill after accidentally breathing toxic fumes at the Sydney drug exhibit centre.

One of the police officers were administered the last rites as he lay on life support three years ago. According to the Sydney Morning Herald, the victim was on induced coma after his lungs completely shut down. Four months earlier, the victim and a fellow policeman was perfectly healthy, until they were directed to conduct a “drug audit” in March 2009 at the Sydney Police Centre’s drug exhibit centre.

They went to an overcrowded 4×5 metre room and were confronted with shelves of drugs and other chemicals up to 15 years old. Some of the drugs they were to audit had been used in prosecutions as far back as 1996. Court destruction orders were attached to these drugs but they had remained in the unventilated room.

The toxic fumes met the officers as they entered the room. Temperatures of up to 40 degrees increased the conversion of these chemicals to harmful vapours.

Three years have passed but neither of them can work. The two officers sued the NSW Police Force for damages, saying that there was severe negligence on the part of their employer. Court documents seen by The Sun-Herald says that the victims “were not given any training to conduct a safe audit, there was no mention of any safety precautions, special equipment or what to do in case of an emergency or exposure to drugs.”

The victims also claimed that were not issued with masks, gloves or any protective equipment. One of the officers said that they smelled an “intense strong chemical odour” as they were beginning the drug audit but their superiors neglected to address their concern.

Both victims claim that on March 18, 2009, a particular toxic exposure directly contributed to their dire medical conditions. They were examining a cardboard box containing 10 bags. One of the officers removed one bag and saw that it contained a bulk beige powder. He noticed that the plastic bag had disintegrated and that it had a strong smell. Seeing the potential for further danger, he once again requested for personal protective equipment but was told that there was no budget for it.

As the days went on, one of the victim’s condition worsened and he began to suffer severe headaches, coughing, a burning sensation in his nose and throat, shortness of breath and occasionally tasted blood in his mouth. He went on to suffer a second exposure to the toxic drug fumes a month later, this time in the high-security bulk drug safe at Sydney police headquarters in Surry Hills.

The other officer did not return to work after the first toxic incident. However, his condition worsened, with severe tightening in his chest, asthma, sleepless nights and anxiety especially after he was told that his colleague was on life support and may not live. His colleague pulled through after three weeks in coma.

Both victims sued the NSW police with alleged negligent acts, including failing to provide a safe system of work and protecting them from risk of physical, mental or psychiatric injury.

WorkCover is prosecuting the police force for breaching the Occupational Health and Safety Act but it has not pleaded guilty. The police force will file its defence, and the matter will be brought back to court on May 24.

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08:01 pm, Sunday 13 May, 2012

topnews.ae

The High Court of Australia has this week upheld the finding that seven former non-executive directors of James Hardie made misleading statements about the adequacy of asbestos compensation funding.

In 2009 the Supreme Court of New South Wales found former James Hardie non-directors had breached the Corporations Act when making the statements in 2001.

In 2010, the non-executive directors successfully appealed against this decision. But the Australian Securities and Investment Commission (ASIC) appealed against the decision in the High Court the following year, and was successful.

“The case brought into sharp focus the fundamental responsibilities of both executive officers and non-executive directors who are ultimately responsible for significant public company decisions, and the release of information concerning those decisions, to the share market, employees, creditors and the public,” said ASIC Chairman Greg Medcraft.

AMWU National Secretary Paul Bastian also welcomed the decision but questioned whether the law was tough enough on directors and executives generally.

“The Corporations Law needs real teeth to stop fraudulent conveyancing of finances and to be able to pierce the veil of multiple company holdings,” Bastian said in a media statement.

“It also needs to hold corporate directors to account for their moral behaviours and to be able to impose lasting and meaningful penalties on them such as having to attend death-bed hearings of victims and their families or imposing heavy community duty fines.

“This is not simply about numbers on the bottom line or about misleading statements. It is about people’s lives.”

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