12:04 pm, Wednesday 2 June, 2010
Employees with limited English must be trained by their employers so the workers can do their work safely, WorkSafe said.
WorkSafe’s statement comes at the heels of the conviction of a Victorian potato farm to failing to ensure an employee with limited English received safety training before operating a telehandler.
The Mildura Magistrates’ Court fined the farm company $40,000, after pleading guilty to failing to provide instruction, information, training and supervision to its workers under section 21(1)&(2)(e) of the Occupational Health and Safety Act 2004.
WorkSafe Victoria’s Acting Executive Director for Health and Safety, Stan Krpan said it is important for all employees to receive information and training to understand the risks involved in their work and enable them to do their job safely.
“If a worker has limited English, employers may need to make an extra effort to ensure the worker is clear on the risks. This may simply involve taking a little extra time or involving a translator – which may be another worker,” Mr Krpan said.
“Employers and supervisors also need to be aware that the language barrier may lead to a power imbalance in the workplace – workers with limited English may be less likely to question health and safety practices or speak up if they’re unsure.”
In 2008, an Indian national employed at the farm lost control of the telehandler while trying to turn it, hitting a truck driver in the process.
The driver suffered several injuries, including broken bones in his right foot, and lacerations to his elbow and head. He was required to be confined for a week in the hospital.
The Court was told the worker was allowed to move the telehandler to another site after watching a five-minute demonstration on how to use it.
The worker had no previous experience on using the heavy machinery. The court also heard the demonstration was provided by another employee with no formal qualifications or training to operate a telehandler, or train others how to use it.
“No attempt was made to arrange for another employee to interpret the instructions on how to operate the telehandler,” Mr Krpan said.
“His only instruction on how to use this piece of machinery, which weighed over three tonnes, was from someone who wasn’t even licensed to use it.
“This is a reminder for employers about their legal duties to ensure workers are provided with information, instruction, training or supervision which enables them to perform their work in a way that is safe and without risks to health.”
Report by
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