12:33 pm, Wednesday 9 May, 2012

A scaffolding company has been fined $22,000 over an incident in which a worker was injured when he fell through an insufficiently protected void on a construction site.

The company pleaded guilty to failing to provide a safe work environment causing serious injuries to the worker. The scaffolding company was fined in the Perth Magistrates Court on Friday.

Investigations revealed that there was a void in the first floor of the central unit. Scaffolding was erected inside, but not the entire void. The remainder of the void was only covered by particleboard not supported by scaffolding.

Thinking that it was supported by scaffolding, the victim stepped into the particleboard. It gave way under his weight and he fell 2.7 metres to the ground floor concrete slab. The victim sustained fractures to his skull, ribs, spine and shoulder.

The void was quickly covered with planks after the incident. The same hazard was discovered in two other units, and these voids were also covered with planks.

WorkSafe WA Commissioner Les McCulloch on Tuesday said that the case should be a reminder of the importance of taking measures to prevent falls.

“Falls are almost always readily preventable, and it need not be difficult or costly to ensure that safe systems of work are in place at all times,” said Mr McCulloch.

“This employer failed to ensure that the voids in the workplace were adequately protected to prevent a fall of a substantial distance, contrary to workplace safety laws.

“Falls are one of the most significant causes of workplace deaths in the construction industry, and 16 Western Australian workers have died as a result of falls in the last four years.

“In this case, the fall – and the suffering of the worker – could have been avoided simply by ensuring that a more effective method of covering the void was used.

“Subsequent to this incident, the employer covered the voids in all three of the units under construction with planks, but this could just as easily have been done from the outset.

“It was unfortunately too late for the worker who fell and suffered serious injuries.

“A Code of Practice on fall prevention has existed in WA for more than 20 years. The current code is comprehensive, providing information on the identification of common fall hazards and the correct use of fall arrest and prevention equipment.

“I urge any employer in control of a workplace that presents a risk of falls to ensure this code is available in the workplace at all times.”

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01:01 pm, Tuesday 8 May, 2012

A WorkSafe inspection will target small businesses in Traralgon later this month to check on health and safety compliance. This is part of an ongoing campaign across regional Victoria.

In connection to this activity, a free breakfast briefing will be held tomorrow, 9 May, to know more about what the health and safety and return to work inspectors will be looking for when they arrive in the area.

The briefing will also discuss what businesses can do to make their workplaces safer and how to ensure that they are complying with the law. Businesses will also be briefed on what they can expect upon receiving a visit from a WorkSafe Return to Work inspector.

WorkSafe Operations General Manager, Lisa Sturzenegger, said that the breakfast briefing was a good opportunity for businesses to take a look at their current work safety situation and make improvements before the visits.

“Don’t wait for us to arrive before changes are made or wait for an incident to happen, make safety a priority. The consequences of not doing so can be devastating for all involved,” said Ms Sturzenegger.

The Safe Towns campaign will involve WorkSafe inspectors who will visit a specific area over a one-week period to check on businesses’ compliance with workplace health and safety and return to work.

The WorkSafe inspection will happen in Traralgon from 28 May to 1 June.

The breakfast briefing will be held on Wednesday, 9 May from 7:30 to 9am at the Premier Function Centre, 29 Grey Street in Traralgon. Interested participants are encouraged to contact Crystal Busuttil on 5174 8900 or email her through crystal_busuttil@worksafe.vic.gov.au.

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10:43 am, Tuesday 8 May, 2012

An engineering company was fined $187,500 and ordered to pay $1000 in costs and levies after a worker was partially paralysed in a workplace accident.

According to the Adelaide Now, the Industrial Relations Court fined the engineering company for its failure in implementing guard railings around a machine used in the preparation of asphalt in May 2009.

The victim accidentally slipped into the pit as he was taking a break from cleaning and was crushed between the incline conveyor belt and drum roller. He suffered nerve damage, some broken bones, brain injuries and partial tetraplegia.

Magistrate Michael Ardlie said that the incident could have led to the victim’s death.

“The employee is highly unlikely to be able to work again or to be able to live independently,” said Magistrate Ardlie.

“It is clear, and it was not disputed, that in the circumstances the risk was that the employee could have suffered fatal injuries.”

Magistrate Ardlie also said that the company had since taken action to provide protection and ensure safe work practices in its Dry Creek plant.

“It went further to ensure that Australia wide all its plant was reviewed to ensure that guarding was adequate,” said Mr Ardlie.

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02:00 pm, Monday 7 May, 2012

WorkSafe is investigating an incident on Friday where an elderly man was crushed by more than a tonne of plaster in Port Melbourne.

WorkSafe spokesman Michael Birt said the delivery driver, aged in his 70s, suffered crushing injuries to his chest, abdomen and pelvis when a load of plasterboard came off his truck while it was being unloaded.

He said the man was hit by two packs of plasterboard, with each sheet measuring about 3×1 metres.

“He was standing next to the truck while it was being been unloaded and it came off and hit him,” Mr Birt said.

Intensive care paramedic Andrew Burns said the man was in severe pain after several sheets of plaster fell on him.

“We were told that he was standing near the sheets of plaster when for some reason they fell and knocked him and pinned him to the ground,” he said.

“The plaster was estimated to weigh more than one tonne but thankfully he was quickly freed.”

Mr Birt said the accident followed the death of a 37-year-old Bayswater man in Preston on Wednesday morning. The man was unloading a forklift and scissor lift from the back of a truck, when the scissor lift rolled off the truck and crushed him against the forklift, killing him.

He said another man also suffered serious injuries while unloading a truck in the Latrobe Valley on April 24.

“We’ve been saying for years that drivers should not be standing next to trucks when they’re being unloaded because loads do fall off. They can shift in transit, all sorts of things can happen,” he said.

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01:43 pm, Monday 7 May, 2012

Minister for
Finance & Services
Greg Pearce
Photo: NSW Government

Minister for Finance & Services Greg Pearce on Wednesday announced a shake-up of the WorkCover board, which is done to address the $4.1 billion deficit as well as to implement a reform agenda following the outcomes of the Parliamentary inquiry.

“The scheme deficit has become a spiralling black hole and unless reformed will fast become unviable – and unable to help injured employees get back to work,” said Mr Pearce.

“Unless immediate action is taken every business across the state will face premium hikes of 28 percent on average.

“Businesses in NSW are already paying up to 60 percent higher than their counterparts interstate.”

The government earlier released an issues paper and announced a Parliamentary committee to start the vital reform of the WorkCover scheme.

“The Parliamentary Committee and the NSW Government will set the agenda and it is vital that the right people are there to implement it.

“Michael Carapiet, Gavin Bell and Elizabeth Carr will fill the vacant positions on the WorkCover board.

“Michael Carapiet is already the Chairperson of the SAS Trustee Corporation Board and was recently appointed Chairperson of the Workers Compensation Insurance Fund.

“He has more than 30 years of experience in superannuation including extensive knowledge and expertise in the operation of superannuation schemes, investments and financial management.

“Gavin Bell has almost 30 years legal and business experience and is currently the Chief Executive Officer of Freehills, one of Australia’s largest law firms. He has been recognised as the Australian Law Firm Managing Partner of the year on two occasions.

“Elizabeth Carr has over 20 years of experience in financial management, public administration and change management in both the public and private sectors.

“She currently is a board director of the West Australian Environmental Protection Authority and the NSW Medical Research Advisory Council.

“I look forward to working with the new Board members to get the scheme working as it should – supporting injured workers through rehabilitation, getting them back to work, and remaining financially sustainable,” said Mr Pearce.

The WorkCover Board:

• Michael Carapiet – Chairman (new appointment)
• Nicholas Whitlam – Deputy Chair
• Gavin Bell – Director (new appointment)
• Elizabeth Carr – Director (new appointment)
• Mark Lennon – Director
• Julie Newman (Acting CEO)
• Carolyn Walsh – Director
• Raymond Whitten – Director

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12:50 pm, Monday 7 May, 2012

An injured truck driver calls on employers to focus on a worker’s skills and experience instead of their injury.

Stephen Morgan is calling on businesses to consider other employment options after he was employed through a WorkSafe program that matches vacancies with workers who are not able to return to their old jobs after suffering an injury.

The 45-year-old man from Teesdale said that despite having undergone back surgery years before to treat his injury, his days of manually unloading goods were over.

“It was a frustrating feeling knowing I had the skills to do the job but had limitations on my physical capability,” said Mr Morgan.

“Not working started to affect my wellbeing; I just wanted to get back into it. The reality is there are a lot of people out there, like me, who want the same.”

Luckily, Mr Morgan was eligible to be registered with WISE – a WorkSafe Incentive Scheme for Employers that encourages businesses to hire injured workers who cannot return to their original job. Employers who provide ongoing employment are paid up to $26,000 over a year.

Pineville Enterprises discovered WISE through Mr Morgan after he called them to enquire about a truck driver job vacancy they advertised through a local paper.

“I wasn’t quite sure how they were going to react after I told them about my situation and about the WISE program but to my surprise, I was asked to come in for a job interview and they made a decision to sign up,” said Mr Morgan.

Since the role didn’t require him to manually unload goods, he was considered a suitable match and was hired in July 2010, four months after his injury.

“There is a perception out there that there are risks involved with hiring someone who has been injured, which makes it hard for us to get back into the workforce,” Mr Morgan said.

“Fortunately, Pineville were able to look beyond the injury and offer me an opportunity to work with them.

“They recognised my existing skills could add value to their company and while dealing with the injury is an ongoing process, it’s great to work for a company that continue to be supportive and understanding.

For me, it was great to get back to work because I could get back to doing what I enjoy while continuing to support my family.”

Stephen’s employer, Brett Ormesher encouraged other employers to consider hiring injured workers.

“There’s a pool of qualified and skilled workers out there who, for various reasons, cannot return to their old jobs but are more eager than ever to get back into the workforce,” said Mr Ormesher.

“Stephen has been a great addition to the team and he is still working for us. You have more time to get other things done and focus on business operations.”

Signing up was easy and it’s a good feeling knowing we were able to help Stephen out along the way. It’s worked out very well for everyone involved.”

WorkSafe’s Return to Work Division Director Ross Jones encouraged employers to support WISE.

“It provides employers with a financial boost up to $26,000 and injury insurance protection for workers if they suffer a new injury for the first 12 months of employment,” said Mr Jones.

“On top of that, if there is a recurrence with the existing injury, all costs and any premium rest with the previous employer.”

Most of the 29,000 workers injured at work in Victoria each year return to their old jobs quickly, but some cannot go back to their old job or employer.

“The WISE program can help match jobs with people who are skilled, experienced and keen to work.”

“We want companies which have a vacancy to consider WISE and for treatment providers, occupational rehabilitation providers and injured workers to discuss the program as an option.”

“As Stephen’s story pointed out, the end result can be rewarding for all involved.”

More information about the WISE program can be found at the WorkSafe website.

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12:32 pm, Friday 4 May, 2012

WorkSafe Executive Director
Laurene Hull
Photo: Safe Work Australia

NT WorkSafe criticised the complacency of Territory businesses in transporting and storing flammable gas cylinders in the rear of enclosed work vans.

According to WorkSafe Executive Director, Laurene Hull, many businesses in the air-conditioning, refrigeration and plumbing repair services were ignoring the dangers and continuing the lives of their workers at risk despite the tragic deaths of two young tradesmen last December.

“In the first four months of 2012, NT WorkSafe has issued Prohibition Notices to more than 60 percent of those businesses we have attended to check on this situation,” said Ms Hull.

“Despite intense media coverage over the deaths of two young tradesmen within the same week last December, inspection conducted by NT WorkSafe Inspectors has shown companies are still transporting and storing flammable gas cylinders in enclosed work vans.”

In December 2011, a 24-year-old refrigeration mechanic was killed when his work van containing flammable gas cylinders exploded in the driveway of his home. Preliminary findings from NT WorkSafe revealed that the probable cause of the explosion was a build up of flammable gas in the van.

A 25-year-old tradesman was also killed in similar circumstances in Melbourne on 12 December 2011 when his work van, also containing flammable gas cylinders, exploded.

“It amazes me that despite all the media coverage and Safety Alerts being issued by NT WorkSafe and WorkSafe Victoria, there are businesses out there that have ignored the fatalities and in their complacency continue to put their workers and members of the public at serious risk,” said Ms Hull.

“What people need to understand is that these flammable gases only need the smallest of sparks, the most innocuous of actions to cause an explosion.

“The investigation into the Parap explosion is still ongoing and over the next few weeks NT WorkSafe will conduct inspections at businesses across the Territory to monitor the issue of flammable gas cylinders being stored and transported in enclosed work vans.

“I urge people to download the Safety Alert on the NT WorkSafe website and implement measures to reduce the risk of similar incidents occurring in the future.”

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09:56 pm, Thursday 3 May, 2012

Photo: Sydney Morning Herald

James Hardie misled investors on a compensation fund for asbestos victims when seven directors breached their duties by approving the company’s release of a misleading statement to the stock exchange, the top court ruled.

Australia’s High Court also held that company secretary and general counsel Peter James Saffron failed to discharge his duties with diligence by neglecting to advise the board that a study he had authorised to predict asbestos-related liabilities was not complete.

The High Court judgment on the James Hardie case is considered a major milestone in identifying directors’ duties as well as the disclosure regime.

The Sydney Morning Herald reports that it has been 11 years since the company transferred its asbestos liabilities into a special foundation, and claimed through a statement to the stock exchange that the foundation was “fully funded” to meet future compensation claims. However, the fund was running out of money within three years. It was then revealed that the foundation was underfunded by about $1.5 billion.

The Australian Securities and Investments Commission (ASIC) filed a civil case against the seven James Hardie directors in 2007. It was in 2009 when Justice Ian Gzell of the NSW Supreme Court found that James Hardie chairman from 2004 to 2007, Meredith Hellicar, former non-executive directors Michael Brown, Michael Gillfillan, Martin Koffel, Dan O’Brien, Greg Terry and Peter Wilcox breached their responsibilities in approving a misleading public statement. They were fined $30,000 each and were banned from acting as company directors for five years.

Peter Macdonald, former James Hardie chief executive was banned for 15 years and fined $350,000 for his role in establishing the foundation and publicising it.

The directors filed an appeal, and in December 2010 three NSW appeal court judges reversed the decision, saying that the corporate regulator had failed to prove the directors passed a resolution at a board meeting approving the statement to the stock exchange.

ASIC filed an appeal against this decision to the High Court. Following the High Court’s decision, the case will be referred back to the NSW Court of Appeal to consider issues on liability, disqualification and penalties.

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05:18 pm, Thursday 3 May, 2012

WorkSafe will open its annual roadshow soon with 19 metropolitan and country locations to be visited from May 15 to June 19.

The free 60-minute session will offer information on a wide range of topics including:

• Latest news and developments in workplace health and safety,
• Helping injured workers get back to work
• WorkSafe premium and how it’s calculated,
• Online employer services including a useful tool for the growing number of business operators who use contractors.

WorkSafe’s Deputy Chair, Ian Forsyth, said that the WorkSafe roadshow had become an important part of the organisation’s community engagement strategy.

“People get information but most importantly, they also have the opportunity to ask questions in an informal setting,” said Mr Forsyth.

“People are often busy in their workplaces or running a business and issues like safety, return to work needs for injured workers and the details of the workplace injury insurance can be put aside to deal with ‘another day.’

“By taking just one hour from a busy schedule to get up-to-date with these matters creates an opportunity that pays dividends.”

This year’s roadshow will be focusing on supervisors’ role and how WorkSafe’s WorkHealth program can help protect people and make the business better.

“While Victoria has Australia lowest injury rate and our employers pay the lowest average premiums, more can, and must, be done to reinforce that position.

“Around 28,000 people, on average, are hurt badly enough at work each year to make workers compensation claim. Last year 24 traumatic work-related deaths were reported and already this year another four deaths have been reported.”

“The impact of this isn’t just on the individual, family, employer and co-workers, but the effect on the business can be profound and long-lasting.”

For more information, please contact Michael Birt on 0411 256 605.

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01:11 pm, Wednesday 2 May, 2012

A 90 second animated film was created by WorkCover Queensland to explain the ‘how, what and why’ of workers’ compensation.

The film entitled, ‘Your accident insurance cover explained in 90 seconds was created to simplify the definitions outlined in the Workers’ Compensation and Rehabilitation Act 2003. It explains employers’ responsibilities and how WorkCover can provide assistance to them should one of their employees sustain an injury.

The Worker’s Compensation and Rehabilitation Act 2003 deals with providing protection against the cost of workplace injuries through insurance, compensation, and rehabilitation, as well as balancing the rights and responsibilities of workers and employers with the continuing viability of the WorkCover fund and self-insurer standards.

Queensland’s workers’ compensation scheme which is established under the act provides the following for injuries sustained by workers in their employment, and in some instances for people other than workers:

• Regulation of access to damages
• Compensation
• Employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a WorkCover insurance policyor under a licence as a self-insurer
• Employers’ liability for compensation
• Management of compensation claims by insurers
• Injury management, emphasising rehabilitation of workers particularly for return to work
• Rights of review of, and appeal against, decisions made under this Act
• Procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals

More information about the scheme can be found on WorkCover Queensland website.

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