01:04 pm, Friday 10 February, 2012

Older workforce could open up employers to a range of potential compensation lawsuits. This is according to M+K Lawyers principal Andrew Douglas who said that the increase in the number of older workers in Australia is actually a legal liability.

“This is going to become much more of an issue over the next few years, as we have a population that is staying in the workforce beyond the ages they have done so in the past,” he says.

“Employers should be aware this can open them up to potential compensation claims.”

Because of this, businesses are being warned to make sure that their workers are consistently able to perform their physical duties even as they age. The Australian Bureau of Statistics have recently released figures showing that the number of older workers in the country has doubled over the past ten years, with over 1.93 million workers aged over 55. SmartCompany reports that in 2011, 73% of people between the age of 55 and 59 were working. Twenty five percent of people between the age of 65 and 69 were still working. Majority of these workers were working full-time.

Andrew Douglas said that while workers may have fitted a job description in the past, their ability to do the same tasks may have deteriorated as they age.

“The two things you do in creating a job description are giving a task assessment, giving a summary of the mental and physical tasks. And when the workforce ages, it becomes apparent in many industries the physical capacity to undertake those same tasks is reduced.”

Douglas also said that employers must see the importance of regular health checks.

“At the moment there is some opposition from the union which suggests regular health checks are private and inappropriate. But they are necessary to protect people from injuring themselves.”

“As this situation continues and you have these regular health checks coming, it may mean some people lose their jobs but it can also allow for an engineering of the workplace.”

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12:34 pm, Thursday 9 February, 2012

WorkSafe will host a breakfast for small business operators in Bendigo on 16 February to give them the information they need to improve safety. This is done in preparation for WorkSafe targeted inspections from February 27 to March 2.

WorkSafe’s Manufacturing, Logistics and Agriculture Program Director, Ross Pilkington said that inspections will be relatively quick and no enforcement activity is necessary if employers have addressed safety issues before an inspector arrives.

“Unfortunately many people don’t take the opportunity to deal with these unsafe conditions, and as a result end up with a longer visit.”

Mr Pilkington said WorkSafe inspectors will see to it that employers understand health and safety requirements as well as their obligation in assisting injured workers to return to work.

“During the 2011 SafeTowns campaign, WorkSafe visited 1546 workplaces and issued 2118 improvement notices for health and safety and accident compensation breaches.

“We want to see an improvement on those numbers in 2012. By giving people advance warning, we shouldn’t see people adopting a ‘she’ll be right’ attitude or waiting until a WorkSafe inspector walks in.”

Bendigo business operators can refer to WorkSafe’s publication 12 ways to make small business safer as a starting point for their safety improvement catch-up work. Help is also available from WorkSafe’s Advisory service (1800 136 0890). Small businesses may avail a free, three-hour consultancy service from an independent safety specialist to help them deal with safety concerns.

You can book a place at the free WorkSafe breakfast by sending an email to Vicki Naughton through vicki_naughton@worksafe.vic.gov.au by February 13. More information is available on WorkSafe’s website (www.worksafe.vic.gov.au).

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02:33 pm, Wednesday 8 February, 2012

Photo: Simon Bennett/Campbelltown Macarthur Advertiser

Police are investigating the death of a man who was crushed when an excavator bucket fell on him at a demolition site at Riverside Drive in Airds on Monday afternoon.

According to Police reports, the 34-year old man from Merrylands West was standing near a tip truck being loaded by an excavator when the bucket came off, knocking him and causing fatal head and chest injuries.

The Campbelltown-Macarthur Advertiser reports that emergency services arrived shortly after the incident and found the victim in cardiac arrest. They could not revive him.

A spokeswoman for the Construction, Forestry, Mining and Energy Union (CFMEU) said that investigators believed the bucket did not have a safety pin during the incident. The safety pin could have prevented the bucket from accidentally detaching from the arm of the excavator.

A spokesperson for WorkCover NSW said that they are conducting their investigation over the incident.

“WorkCover inspectors are attending the site and will conduct a full investigation before preparing a report for the coroner.”

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03:16 pm, Tuesday 7 February, 2012

Worksafe is investigating an incident where a man was flown to the Royal Melbourne Hospital late yesterday after a bridge which was being demolished near Kerang, in northern Victoria, partially collapsed.

The man, who was aged in his 20s, was walking beside an excavator and helping to steady a seven metre red-gum beam which was being carried by the machine when one span of the bridge fell.

He fell into Pyramid Creek along with the excavator and suffered head and back injuries and is said to be in a stable condition.

Workmates performed CPR on him in the water.

WorkSafe is issuing a notice requiring a safety plan to be developed for when the excavator is recovered from the creek.

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01:55 pm, Tuesday 7 February, 2012

A pilot files charges against a budget airline after allegedly enduring back injuries from lifting an 18kg flight bag containing aviation charts and manuals instead of having them provided digitally on an iPad.

The 57-year-old pilot said that he would not have suffered from back injuries had the airline made the information available through an iPad instead of requiring pilots to carry the information. He claimed he injured his back lifting the heavy flight bag after catching the work shuttle bus on 29 December 2009.

In documents lodged in the Queensland Supreme Court, the complainant claimed that the airline company exposed him to a risk of injury which could have been avoided if reasonable care was exercised.

“(The airline company) failed to have in place a system of work whereby charts and rules could have been left on board its aircraft or kept electronically on an iPad.”

According to a news sources, the first officer was facing a future financial loss of $817,546, medical expenses of $112,182 and special damages of $76,080. He is also claiming $65,000 in general damages.

The pilot had a surgery in June 2010 and suffered from a “major depressive disorder” because of his injuries.

The airline company has not yet responded formally to the lawsuit filed last month. A spokesman for the budget airline said they were yet to receive notification of the legal action.

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12:30 pm, Tuesday 7 February, 2012

A small building company was given six years to pay a fine after one of its workers met an accident and became paraplegic. The incident happened in Keysborough in June 2010.

WorkSafe General Manager of Operations, Lisa Sturzenegger said that the monthly payment to meet the $60,000 fine will serve as a constant reminder to the renovation firm on the importance of ensuring its workplace safety standards.

“For a small business this is a significant and not uncommon level of fine for a safety incident.

“Ensuring safety issues are understood and dealt with prevents devastating and life-changing incidents and reduces the risk of a business’ viability being undermined.”

Magistrate Leslie Fleming emphasized the importance of achieving general deterrence; however she said she would not impose a penalty that would threaten the ongoing viability of a small business.

The court heard that the company’s workers were replacing a burnt-out roof of a house in Keysborough when it began to rain. A company supervisor saw the victim climb onto the frame of the house immediately before he fell. Although he knew how risky it was, he did not ask the worker to come down because he thought that the worker was capable of standing there and lifting one truss. However, the 27-year-old victim lost his grip on the truss, slipped off the wet timber, ad fell four metres down a stairwell void.

The victim suffered broken ribs, a punctured lung, a fractured wrist and serious head lacerations. He also endured three broken vertebrae, and is unlikely to walk again.

The Kilsyth-based company pleaded guilty to a violation laid under the Occupational Health and Safety Act. The company was convicted and was ordered to pay a fine of $60,000 and court costs amounting to $2,894.52.

Counsel for the company Carmen Currie said that her client had co-operated fully with the investigation conducted by WorkSafe and had taken steps to improve its OHS management.

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09:19 pm, Monday 6 February, 2012

WorkSafe is investigating the death of a man this morning after he fell three metres at a Highett tile retailer on Friday evening.

The 24-year-old man had been on life support after surgery.

Earlier today, a man suffered a serious cut to the chest while cutting beef at a Warrnambool meatworks. He is being treated at Warrnambool Hospital.

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01:24 pm, Monday 6 February, 2012

The oil and gas industry is coming together for the annual Subsea Australasia Conference. Latest advances in field development, subsea operations, connection systems and infrastructure will be showcased at the country’s largest subsea event this year.

This event brings together top professionals from around the world to discuss the latest in Subsea Australia development, and features eight topics:

• Subsea Market Outlook (Half day)
• Calcareous Sediments on the North West Shelf of Australia (Full day)
• Design and Management of Long tieback Subsea Infrastructure (Half day)
• The ins and outs of Subsea Connection Systems (Half day)
• Project Evaluations: Economic and Technical Risking (Half day)
• Direct Electrical Heating (DEH) – The challenges of implementing new technologies in deepwater gas production systems to benefit flow assurance (Half day)
• Advances in AUV Technologies for Underwater Survey and Production (Half day)
• Subsea Operations – Managing the day to day challenges (Full day)

The Subsea Australasia Conference will be held from 22-24 February 2012 at the Perth Convention Exhibition Centre.

To register online and view the conference program, please visit www.aogexpo.com.au. You can also register through a manual registration form.

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11:18 pm, Sunday 5 February, 2012

WorkCover NSW has issued guidelines as to when to report a work-related incident.

WorkCover NSW must be notified of all incidents involving a fatality, serious injury, serious illness or dangerous incident by phone on 13 10 50 as an urgent investigation may be needed.

In addition, where there is an injury to an employee, notify your Scheme Agent or insurer within 48 hours.

Refer to part 3 – Incident Notification of the Work Health and Safety Act 2011 (WHS Act) and clause 699 of the Work Health and Safety Regulation 2011.

The work health and safety legislation requires preservation of the incident site until an inspector attends (or the inspector or regulator directs otherwise).  Refer to section 39 of the WHS Act.

Your Scheme Agent or insurer must be notified within 48 hours of other incidents involving an injury or illness where workers compensation is payable, such as for lost time and/or medical expenses.

In these instances, there is no need to notify WorkCover as the Scheme Agent or insurer advises WorkCover of these incidents.

Refer to section 42 and section 44 of the Workplace Injury Management and Workers Compensation Act 1998 and clause 40 of Workers Compensation Regulation 2010.

Employers may avoid paying a claims excess if there is an injury by notifying their Scheme Agent or insurer within the required timeframes.

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10:39 pm, Sunday 5 February, 2012

WorkCover NSW is investigating an incident where approximately 100 millilitres of mercury spilled at a sugar mill in Broadwater, near Ballina last week.

Mercury is extremely toxic. It affects neurological development.

NSW Fire and Rescue Hazmat crews cleaned up the spill and reportedly rendered the situation safe.

“We understand an ambulance attended the Broadwater Sugar Mill and paramedics have cleared all staff of health impacts,” acting chief environmental regulator for the EPA Mark Gifford said. “Although there were no offsite environmental impacts from this event, the EPA takes all pollution incidents seriously. Our local staff have been in contact with the mill and have requested a full report into the cause and handling of this event.”

It’s believed the spill occurred when a container of mercury was dropped.

Five other “older” containers of mercury were collected by the HAZMAT crew and placed in a hazardous material bin and handed back to the mill to deal with.

A government guide to cleaning-up mercury declares a spill larger than two tablespoons as “large” because of the increased risk of mercury vapour exposure during the clean up.

A 25m exclusion zone was set up by firefighters at the mill and 30 workers were evacuated.

No one was injured in the spill but Lismore Police Inspector Rob Cairnduff said one man, thought to be a driver, was seeking medical treatment as a precaution.

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