
SafetyNet 296, October
9, 2014
We're
back after a week's break during which time Renata attended an ILO symposium on
union impact on occupational safety and health in the Asia-Pacific region. We
hope this edition of SafetyNet provides
our subscribers with lots of relevant and interesting news.
Have you joined our small but growing number of discerning followers on
Twitter? Please do so now: @OHSreps
Union News
Research
OHS Regulator News
OHS Prosecutions
International News
Union News
Ask Renata
Hello Renata,
Our HSR's term of office
ends in a month or so, and a couple of members from our DWG are organising the
election for a new rep. How long should they give DWG members to nominate for
the position? Are there any rules?
Hi,
No,
there are no set rules on how the DWG must run an election – the only thing is
that the members of the DWG agree with how the election is to be run, and that
all members have the opportunity to both nominate and vote. I would suggest giving everyone at least a
week to nominate if they are interested. Remember too, that if the number of
candidates for election equals the number of vacancies, then there is no need
to conduct an election, and each candidate is to be taken to have been elected
as an HSR.
Please send any OHS related queries in to 'Ask Renata' - your query will be responded to as quickly as we can. Due to Renata's commitments in the coming week, there will be a few days' delay, however.
Asbestos News
NSW: TWU calls on NSW government to
clean up industry
Transport
Workers' Union of NSW secretary Wayne Forno has called on the state government
to clean up the tip truck industry, after a serial illegal asbestos dumper was fined
$225,000 fine on September 23rd. He had twelve previous convictions
and $200,000 dollars in existing fines for the same offences. Mr Forno said the Baird Government had
allowed rogue elements of the tip truck sector to thumb their noses at
regulations on illegal dumping, overloading trucks and properly maintaining
their vehicles, despite being involved in every major building site in the
State.
"It's
a joke. This operator already has a $300 a month payment plan extending to 2072
on his existing $200,000 in fines," said Mr Forno. "These cowboy operators are
ignoring the laws they don't like because they know the worst they'll get under
the current system is another slap on the wrist. It's become big business and
there are too many shonks in the industry willing to undercut those who obey
the laws."
Read more: TWU Media release
Italy: Asbestos
Prosecutions of Olivetti Execs
Italy's public prosecutor has confirmed
that criminal charges are being brought for the asbestos-related deaths of 20
former Olivetti employees against five former company executives who are
alleged to have failed in their duty to protect the Italian workforce from the
asbestos hazard. The deaths from the asbestos cancer mesothelioma occurred
between 2008 and 2014 and relate to people who worked for the company in the
1970s and 1990s.
Read more: Chiusa l'inchiesta sull'amianto all'Olivetti, tra gli
indagati De Benedetti e Passera [The asbestos investigation at Olivetti ends, among the suspects De
Benedetti and Passera]. Source: IBAS News
Last chance - Asbestos
Council of Victoria/GARDS members fundraising
Jenna
and Anthony Gray will be running the half marathon run in the Medibank Marathon
this weekend in memory of their father who died of mesothelioma – money raised
will go to the La Trobe Valley organisation, Asbestos Council of Victoria/GARDS.
Donations are gratefully accepted via the donate button on the home page - with a receipt generated immediately. You can
also donate by sending a cheque, payable to ACV/GARDS Inc (please include name
and address for receipt) to: ACV/GARDS; Jenna & Anthony Marathon
Run; PO Box 111,
MOE, VIC 3825
More information
ASEA Conference: November 16
– 18, 2014
Reminder
of ASEA's 1st International Conference on Asbestos Awareness and
Management: "Working towards an asbestos free Australia" (Crown Casino
November 16-18). SafetyNet will be
there – so come along and chat to Renata – and hear Laurie Kazan-Allen, from
the International Ban Asbestos Secretariat.
Read more: ASEA Conference including
program information, and registration details.
Asbestos Awareness Week
– November
This
is an early reminder that Asbestos Awareness Week is coming up – the last week
in November. There will be a number of
events on including:
- An AEU is hosting an Asbestos awareness forum on November 25th (4.30 pm to 6.00pm) at the AEU in Abbotsford. The focus will be "Asbestos Free Schools – What will it take?" In the lead up to the state election the AEU is working to gain a commitment from all parties to embark on a prioritised eradication of asbestos in all government schools.
- The Asbestoswise annual commemoration service will be held on Wednesday November 26 at St Paul's Cathedral at 11am, followed by the CFMEU barbeque on the banks of the Yarra.
- GARDS will also be holding a number of events in the LaTrobe Valley.
More information to
follow in upcoming editions of SafetyNet
Want to know about
Asbestos laws and more – go to the Asbestos
section on the site.
Another win for firefighters
Unlike the Victorian Government, the Western Australian
Government has agreed to expand its presumptive cancer compensation laws to
cover all firefighters. Presumptive laws for active Department of Fire and
Emergency Services (DFES) firefighters took effect in the state late last year.
Under the legislation, those who contract any of 12 types of cancer – including
primary site brain cancer and leukaemia – are automatically entitled to
workers' compensation. On Saturday, State Emergency Services Minister Joe
Francis announced that cabinet had agreed to extend the laws to cover former
DFES firefighters, current and former volunteer firefighters, and firefighters
employed by the Department of Parks and Wildlife.
"In the past, firefighters who developed cancer were required to provide proof of the link between firefighting and cancer in order to submit a workers' compensation claim," Francis said. "Because toxins and chemicals encountered at a fire incident are rarely recorded, proving that link was difficult."
Principals
report high levels of stress
The
Australian Education Union has today released the State of our Schools Survey, which demonstrates that Victorian
public school principals are dealing with peak levels of stress and workload.
Eight in ten principals ranked workload as a main concern, as well as concern
with teacher workloads and stress levels. School maintenance, class sizes and a
lack of qualified teachers were listed among other major problems they face.
More than half complained of stress, and a lack of consultation by the
Department.
Meredith Peace, AEU Victorian branch president, said that this is symptomatic of a lack of funding and support to public schools under the current government. "We are seeing principals having to do much more with less, and our research now shows that we have principals working an average of 59 hours a week, with no work life balance," she said. "The Government's autonomy agenda is leading greater levels of responsibility for principals at a time where resources and support are being cut. Recent calls for increased autonomy at schools should be matched with increased support from the Department and schools simply do not have that."
Ms Peace says the survey makes it clear that we
need more funding and greater of support for our school leaders now. The AEU is
calling on all political parties to make commitments to support our public
schools and Victorian children.
Read more:
AEU Media Release School principals under
greater pressure than ever The
Herald Sun Victorian principals
report record working hours and stress
International
Union News
Indonesia: more fatalities
at Rio Tinto's Freeport mine
The
disgraceful string of deaths continues at Rio Tinto's Freeport
mine in West Papua – the biggest gold and
copper mine in the world. Several workers were shot dead after a strike in
2011, and 28 workers were killed in a tunnel collapse in 2013. On 27 September
2014 another four workers were killed and four injured in an incident involving
a truck. On 1 October IndustriALL affiliate Chemical, Energy and Mines Workers
Union (CEMWU) representing the majority of the workers at the Grasberg mine
went on strike. They blocked the road to the mine, demanding punishment of the
director of mining, provision of guarantees of no more fatal accidents and for
the company to pay financial support to the families of the deceased and
injured. Following the strike the management entered into negotiations and
agreed to workers' demands, after which the strike was called off. However, the
company's long-term neglect of health and safety unfortunately shows it is willing
to sacrifice workers' lives for profit.
Read more:
IndustriALL Media release
Swaziland: Dangerous solvent sickens textile workers
Workers
are being made seriously ill by a toxic chemical introduced at a Swazi textile
factory, their union has warned. Dozens of workers required hospitalisation
last month after the plant began using the dangerous solvent butyl acetate to
remove stains from clothes. The workers, who went to the hospital at their own
expense, reported chest pains, severe headaches, vomiting and bleeding, and
some collapsed. Yet despite the severity of the symptoms and the number of
workers affected, their union says management denied workers sick leave and
ordered them back to work before a thorough health investigation was completed.
Butyl acetate is a flammable liquid that targets the central nervous system,
and can cause headaches, breathing problems, skin and eye irritation and
unconsciousness. Union shop stewards report that the dangerous working
conditions have not been addressed and workers continue to become sick, with
some vomiting blood. The Trade Union Congress of Swaziland (TUCOSWA) warns the
Taiwan-owned Tex-Ray plant has played down the severity and extent of the
illnesses and has under-reported cases. In June, the United
States suspended trade benefits to Swaziland,
citing the country's serious worker and human rights violations.
Read more: AFL-CIO Solidarity Center report. AFL-CIO
Now blog. Source: Risks 674
Indonesia: Female Workers and Sexual Violence
Indonesia is a
developing country with a population of 241 million. There are approximately 118
million workers in Indonesia:
62% male and 38% female. Approximately 60% are "informal workers" and 40%
formal workers. Most women work in the informal sector, because it doesn't need
high education. However, female workers are systematically placed in sectors
which have low salaries – both in the formal and informal sectors, and are very
vulnerable.
KBN Cakung for example, the biggest garment textile industry zone in Jakarta, in North Jakarta, which produces export garments for Europe and USA (GAP, ZARA, H&M, ADIDAS, KOHLS, ESPRIT, etc). More than 90% workers are female and they experience violation of their rights such as low wages under the minimum wage, wage suspension legalized by the government, sexual violence, maternity leave, miscarriage leave, social security, unpaid overtime, etc. The violations against female workers rights occur daily with no response from the government.
Radio Marsinah, a station run by a small female garment workers union, has
done many things such as advocacy and providing shelter for victims. They are
now looking to make a film as an effective way to address the issue of female
workers in Indonesia:
"Female Workers Break Open the Sexual
Violence Cases". In it they want to address the issue of sexual violence. Check out the trailer: Break Open
They are asking for donations towards the making of the film – if you
would like to donate, please do so by bank transfer to:
BCA KCP Kramat Jaya 4141796814
Name: Dian Septi Trisnanti and
Kurniati
Swift Code CENAIDJA
Research
Co-exposure to
refractory ceramic fibres and asbestos: Risk of mesothelioma
This study investigated the hypothesis that there is an
increased risk of pleural mesothelioma due to exposure to both asbestos and
refractory ceramic fibres (RCF) compared to asbestos exposure alone. The
researchers selected males from a French case-control study conducted in
1987-1993 and from the French National Mesothelioma Surveillance Program in
1998-2006. Two population controls were frequency matched to each case by year
of birth. Complete job histories were collected and occupational asbestos and
RCF exposures were assessed using job exposure matrices. The dose-response
relationships for asbestos exposure were estimated from an unconditional
logistic regression model in subjects exposed to asbestos only (group 1) and
subjects exposed to both asbestos and RCF (group 2). A total of 988 cases and
1125 controls ever-exposed to asbestos were included.
A dose-response relationship was observed in both groups but
it was stronger (higher) in group 2 – that is, the group with exposure to both.
The researchers concluded that their results suggest that the pleural
carcinogenic effect of occupational asbestos exposure may be modified by
additional exposure to RCF.
Read more: Lacourt A,
et al Co-exposure to refractory ceramic fibres and asbestos and risk of pleural
mesothelioma. [abstract] Eur Respir J. 2014
Sep;44(3):725-33. doi: 10.1183/09031936.00079814. Epub 2014 Jul 17.
Silica and heart
disease
Crystalline silica
is known to cause silicosis, lung cancer and other respiratory conditions. The
association between crystalline silica exposure and risk of heart disease
mortality is less clear and was investigated by researchers from China and the US, who investigated a cohort of
42,572 Chinese workers who were potentially exposed to crystalline silica and
followed from 1960 to 2003. Cumulative silica exposure was estimated by linking
a job-exposure matrix to each person's work history. Low-level silica exposure
was defined as never having held a job with an exposure higher than 0.1 mg/m.
The researchers identified 2846 deaths from heart disease during an average of 35 years follow-up, and observed positive exposure-response trends for cumulative silica exposure associated with mortality from total heart disease. These positive trends remained among workers with both high- and low-level silica exposure. There was also a positive trend for ischemic heart disease among workers with low-level exposure.
The study concluded that low-level crystalline silica
exposure was associated with increased mortality from heart disease, including
pulmonary heart disease and ischemic heart disease, whereas high-level exposure
mainly increased mortality from pulmonary heart disease. The researchers
suggested that current permissible exposure limits for crystalline silica in
many countries may be insufficient to protect people from deaths due to heart
disease.
Read more: Liu Y, et al, Long-term
exposure to crystalline silica and risk of heart disease mortality. [abstract ] Epidemiology. 2014
Sep;25(5):689-96. doi: 10.1097/EDE.0000000000000143. Hazard information page on
Silica [Internal link – under Chemicals]
Long hours at low pay linked to diabetes
Working
long hours in 'low status' jobs can increase your risk for diabetes, a new
study suggests. Researchers examined data from earlier studies involving more
than 222,000 men and women in the United States,
Europe, Japan and Australia who
were followed for an average of 7.6 years. The initial analysis revealed no
difference in the risk of type 2 diabetes among people who worked more than 55
hours a week and those who worked 35 to 40 hours a week. However, further
analyses showed that people who worked more than 55 hours a week at manual
labour or other types of 'low socioeconomic status jobs' were 30 per cent more
likely to develop diabetes than those who worked 35 to 40 hours a week. This
increased risk remained even after the researchers accounted for diabetes risk
factors such as smoking, physical activity levels, age, sex and obesity, and
after the researchers excluded shift work, which increases the risk of obesity
and diabetes. Commenting on the findings, published in The Lancet Diabetes & Endocrinology, lead author Mika Kivimäki,
a professor of epidemiology at University College London, said: "Although
working long hours is unlikely to increase diabetes risk in everyone, health
professionals should be aware that it is associated with a significantly increased
risk in people doing low socioeconomic status jobs." A July 2014 study linked
shiftwork to type 2 diabetes. This risk factor, which is excluded from the new
analysis, could compound the risks in the sections of the low status job group
associated with shiftwork.
Read More: Mika Kivimäki et al, Long working hours, socioeconomic status, and the risk of incident type
2 diabetes: a meta-analysis of published and unpublished data from 222,120
individuals, [Full text ]
The Lancet Diabetes & Endocrinology, Early Online Publication, 25 September 2014
(Source: Risks 674)
Pesticide use by farmers linked to high rates of
depression, suicides
Recent US
research has linked long-term use of pesticides to higher rates of depression
and suicide amongst farmers. Evidence also suggests that pesticide poisoning –
a heavy dose in a short amount of time – doubles the risk of depression.
"For years there was a high level of denial in the farming community that mental illness exists, period," said Lorann Stallones, an epidemiologist and psychology professor at Colorado State University. "But there's been a shift – partly because there's more people talking about being mentally incapacitated."
Last month,
epidemiologist Freya Kamel and her colleagues reported that among 19,000
studied, those who used two classes of pesticides and seven individual
pesticides were more likely to have been diagnosed with depression. Those who
used organochlorine insecticides were up to 90 percent more likely to have been
diagnosed with depression than those who hadn't used them. For fumigants, the
increased risk was up to 80 percent. "Our study supports a positive association
between depression and occupational pesticide use among applicators… and
suggests several specific pesticides that deserve further investigation in
animal studies and other human populations," the authors wrote in the journal Environmental Health Perspectives.
Read more: Pesticide use by farmers linked to high rates of depression,
suicides Environmental
Health News
Regulator News
VWA
opens registrations for this year's Health and Safety Week
HSRs and
other OHS activists may be interested in the activities and events being offered
by the VWA during Health and Safety Week. The VWA invites people to find an event and register.
This year's keynotes
include the Hon. Jeff Kennett AC, Chairman of beyondblue speaking on mental
well-being in the workplace; Bernard Salt, a leading commentator on cultural
and demographic trends speaking on our ageing demographic; and Darren Flanagan,
the explosives expert responsible for rescuing the two miners trapped at Beaconsfield mine.
The event begins at the
Melbourne Convention and Exhibition Centre on Monday 20 October to Wednesday 22
October, then goes to Melbourne's west (Altona)
and ten regional Victorian locations including: Bairnsdale, Ballarat, Bendigo, Geelong,
Horsham, Mildura, Morwell, Shepparton, Warrnambool and Wodonga. The VWA
has also designated one day, Tuesday October 21, for elected Health and Safety
Representatives – on this day HSRs will be entitled to paid leave from work to
attend Melbourne
sessions. They warn however, 'there are conditions', and so have asked HSRs to
read the information for Health and Safety Representatives page carefully.
Read
more Information for HSRs
Safety
Soapbox
The
latest edition of VWA's Safety Soapbox was sent out last week (October 1). In
this edition, the editorial remembers the 44th anniversary of the
collapse of the West
Gate Bridge
on October 15. At 11.50am, two years into its construction, the 365ft (112m)
2000-tonne span between piers 10 and 11 of the West
Gate Bridge
collapsed164ft (50m) onto the muddy edge of the Yarra River
below. Thirty-five construction workers
were killed. There were those on their lunch break who perished inside workers
huts beneath the structure, crushed by the falling span. Others were working on
and inside the span when it fell.
The newsletter
also has news from around the country, its usual interesting 'Absolute Shocker'
and links to new guidance materials. There were 42 incidents notified to the
VWA since the last edition, for the period September 11 - 24, including lacerations,
electric shocks, fractures and near misses.
Read more, including link to the list of
reported incidents: October 1 Safety Soapbox and our Features on
the West Gate Bridge on this page
Safe Work Australia
Australia-wide fatalities
As of
October 1, 132 fatalities had been reported to Safe Work Australia. The
fatalities: 36 in Transport, postal and warehousing; 31 in Agriculture,
forestry and fishing; 19 in Construction; 14 in Mining; 10 in Manufacturing; five
each in Arts & recreation services and in Accommodation & food
services; four in Wholesale Trade; three in Electricity, Gas & Water
Services; two in Health care/social assistance; and one each in Government
administration & defence; Public administration and services, and 'other
services'.
Read more: Safe Work Australia
Work-related fatalities
The June monthly fatality report remains the latest which has been released, as reported in the last edition of SafetyNet. Monthly reports can be downloaded from the Safe Work Australia Monthly Fatalities Reports page.
Sixteenth
Comparative Performance Monitoring Report released
Today,
Safe Work Australia released the 16th edition of the Comparative Performance
Monitoring report.
This report
provides trend analysis on the work health and safety and workers' compensation
schemes operating in Australia
and New Zealand
in 2012-13.
Key findings from the report included:
- The rate of return to work following an injury increased two percentage points from last year with 77 per cent of injured workers successfully returning to work within eight to 10 months of sustaining their injury in 2012-13.
- The transport and storage, manufacturing, construction, and agriculture, forestry and fishing industries have substantially higher fatality and injury rates than the national average.
- Australian workers' compensation schemes paid out more than $7.9 billion with approx half (53 per cent) paid directly to injured workers in compensation for their injury or illness and 23 per cent spent on medical and other services.
- Body stressing continued to be the main cause of injury/disease, accounting for 41 per cent of claims.
- OHS authorities carried out approx 213,600 workplace interventions and issued 49,935 notices during 2012–13.
- Employers are now paying 1.53 per cent of payroll in workers' compensation premiums compared to 1.56 per cent in 2008–09.
Read more: Sixteenth Comparative Performance Monitoring Report
Useful materials
- From WorkSafeBC (British Colombia, Canada): new, very short, video - Worksite Dangers for Traffic Control Persons For a traffic control person, vehicles on the road are not the only danger. This video highlights the hazards that exist on the worksite.
OHS Prosecutions
Victorian Prosecutions:
There were a number of prosecution and 'diversion orders' recorded on
the VWA Prosecution result summaries. In the case of Diversion orders, the
names of the companies are not published.
One prosecution was as a result of a fatality.
1 –
Diversion 1 2014-15Unguarded plant:
The accused company was charged with one offence under
section 21(1) & 21(2)(a) of the OHS Act, arising from an incident in which
an employee suffered hand and arm injuries after accessing inadequately guarded
plant. On 3 September 2014 the accused company was placed on a diversion
program with conditions designed to improve occupational health and safety at
the accused's workplace.
2 - George
Rydell Constructions Pty Ltd: failing to ensure safe workplace
The accused pleaded guilty to one charge under section 26(1) of the
Occupational Health and Safety Act 2004 (as a person with management or control
of a workplace it failed to ensure that the workplace was safe and without
risks to health). In March 2013 the accused was the principal contractor for a
supermarket development at Alfredton. The structural design involved steel
framing, precast concrete panel walls, footings and slab. Consulting engineers
were engaged to design and document the structural and civil drawings for the
development and other contractors were engaged to install the precast panels.
When the panels were erected they were held upright with temporary bracing
panel props. Riggers employed by a subcontractor commenced removal of a number
of panel props, based on recommendations from the engineer. As the riggers
worked in the South-east corner, one of the precast panels fell outwards as the
brace was removed. This panel had not been secured with bolts and clips. There
had been no final signoff from the engineer that it was safe to remove all the
braces. No persons were injured in the incident. On 10 September 2014 the company
was fined $40,000 without conviction, with costs of $8000 (Ballarat Magistrates
Court).
3 - PMP
Print Pty Ltd – Worker injured by angle grinder
On 16 May 2013 a PMP Print employee was injured while using an angle
grinder to cut a steel roller conveyor. The grinding wheel became jammed in the
cutting space, broke and "kicked back", striking him in the jaw. The
man was taken to hospital and received 45 stitches. PMP Print pleaded guilty to
one charge under section 21(1) & (2)(a) and (2)(e) of the OHS Act for
failing to provide and maintain a system of work that was, so far as reasonably
practicable, safe and without risks to health, and to provide its employees
with such information, instruction and training as was necessary to enable them
to perform their work in a way that was safe and without risks to health. On 9
September 2014 the company was convicted and fined $80,000 and ordered to pay
$2,802 costs (Moorabbin Magistrates' Court).
4 –
Tooradin Excavations: fatality
The accused, Tooradin Excavations Pty Ltd formally known as TGS Sand
& Soil Pty Ltd is a proprietary company that excavates sand for the
concrete market. On 22 November 2010, a worker was excavating what was known as
the 600 pit (or front pit) with a 'Doosan' excavator. Water seepage had been
noted about four to five metres above the floor level on the eastern face of
the quarry (where a landslide eventually occurred). At approximately 12:25
p.m., the worker was heard on the two way radio communication seeking
assistance as the wall face had collapsed and covered the excavator he was
operating. Other employees went to the aid of the man by manually digging near
the cabin in an attempt to free him, which was ultimately unsuccessful – the
worker died as a result of being trapped in the cabin. The accused company
pleaded guilty to one charge of failing to provide systems of work contrary to
section 21(1) and 21(1)(2)(a)of the OHS Act, and was convicted and fined $340,000
in the County Court.
5 - Australian
Sustainable Hardwoods Pty Ltd – worker suffers substantial injuries; company
required to be on 'good behaviour'!
Australian Sustainable Hardwoods accused operates a hardwood timber mill
in Heyfield. On 18 March 2013, an employee suffered substantial de-gloving
injuries after being hit by and then dragged under a forklift. The company
pleaded guilty to one rolled up charge under sections 21(1) & (2)(a) and
(e) of the OHS Act - Failure to provide a safe system of work; Failure to
provide information, instruction, training or supervision; Forklifts; Traffic
management. On 15 September 2014, the company was placed on an adjourned undertaking
without conviction until 12 February 2016, with conditions that it be of 'good
behaviour' and make donations of $3,750 to CFA Heyfield and $3,750 to Heyfield
Landcare. It was also ordered to pay VWA's costs of $5,972.80 (Sale
Magistrates' Court).
6 - Ronisa
Giselle Nominees Pty Ltd – failure to notify VWA
Ronisa Giselle Nominees Pty Ltd trades as Dandenong Car Wreckers in
Dandenong. On 16 April 2013 an employee suffered minor burns when a fuel tank
from which he was extracting petrol, caught fire. The company failed to report
the incident to the VWA as required. The company pleaded guilty to one charge under
sections 21(1) and 21(2)(e) for failing to provide information, instruction,
training or supervision and one charge under section 38(1) of the OHS Act. The
company was without conviction fined $7,500 with costs in the sum of $4,009
(stay of 3 months). (Moorabbin Magistrates' Court)
7 –
Unibond Plumbing
On 18 December 2013 a VWA inspector observed five people working on a
roof at a height of approximately six metres without adequate fall protection
in place at a partially constructed petrol station in Moolap. The inspector
determined they were employees of Unibond Plumbing Services Pty Ltd. On 22
September 2014 the company pleaded guilty to one rolled up charge against
sections 21(1) & (2)(a) of the Occupational Health and Safety Act 2004. The
charge related to working at heights of over two metres without adequate fall
protection and failure to prepare a safe work method statement where high risk
construction work was taking place. Unibond was fined $7,500 without conviction
and ordered to pay VWA's costs of $2,309. (Geelong Magistrates' Court)
8 –
Retailer charged for inspector offences
Ivan Deak was charged with two offences under section 125(a) and one
offence under section 119(3)(a) of the OHS Act 2004 related to his refusal to
allow VWA inspectors to conduct a workplace inspection at his retail premises
in Geelong West on 6 and 7 January 2014. After an ex parte hearing Deak was
found guilty of all three charges and was fined an aggregate of $2,000 without
conviction. (Geelong
Magistrates' Court)
9 –
Dangerous Goods Act prosecution
Yahgold Pty Ltd pleaded guilty to two charges under the Dangerous Goods
Act 1985 in that it allowed explosives to be stored in circumstances where it
did not hold a licence for the storage and where it failed to ensure the
explosives were stored in a secure building or container separate from
residential buildings. The company holds mining licences for two tenements on
Crown land north of Bairnsdale. In April 2013, the burglary and theft of
explosives from an accommodation hut was reported to Bairnsdale Police. The
offence report stated the explosives stolen consisted of 140 sticks
(cartridges) of Powergel, 3.5 rolls (H 1km) Detonating Cord, 1.25 rolls of
Safety Fuse and 1 roll of Igniter Cord. The offence report stated that prior to
the theft the explosives had been stored in an approved magazine which was
broken into some time prior to 29 March 2013. Nothing appeared to be missing on
that occasion however due to moisture ingress the explosives were placed in the
lower level sleeping area of the locked accommodation hut. On 20 May 2013,
Bairnsdale police were notified of the discovery of a large quantity of
explosives, matching the description of those stolen, in a small shed at
Tabbarabbera Road Bullumwaal. The location was secured by police and WorkSafe
inspectors transported the explosives to a secure magazine. At the time of the
theft, the quantity of explosives stored exceeded the minimum quantity for
which a licence must be held, and the accommodation hut used by the accused for
explosives storage was inappropriate. On 24 September 2014 the company was
released without conviction on a 12 month undertaking to be of good behaviour,
with a payment of $1,000 to the Court Fund and costs in the amount of $2,765.
(Bairnsdale Magistrates Court).
10 - Diversion
2 of 2014-15
The accused was charged with one offence under section 25(1)(b) of the
OHS Act. VWA Inspector observed a forklift moving about the yard of the
workplace with a male person standing on the right hand side of the moving
forklift. The accused was the driver of the forklift and held a high-risk
licence to operate a forklift. On 2 October 2014 the accused was placed on a
diversion program with a condition to undertake an occupational health and
safety course approved by the Victorian WorkCover Authority that focuses on
forklift safety and prevention of industrial accidents.
Source
for the above prosecution summaries: VWA Prosecution
result summaries
Victoria: Cootes to pay over $50k for unsafe
vehicles
Trucking company Cootes Transport was this week fined more than $50,000 by a Victorian
magistrate for operating unsafe vehicles following an investigation sparked by
a fatal road crash in NSW. Cootes Transport grounded its Victorian fleet of
petrol and LPG tankers due to concerns over the safety of the vehicles
following the NSW crash in October last year in which two men aged in their 70s
died and five others were injured.
The company on Wednesday pleaded guilty to 67 counts of operating unsafe vehicles, related to its Victorian fleet. Melbourne Magistrates Court heard the defects had the potential for crashes similar to the NSW tragedy given VicRoads inspectors had found key safety breaches, including problems with trucks' brakes and shock absorbers, oil leaks and worn tyres. Many of the defects had the potential to cause fire or leak oil or fuel onto the road. VicRoads prosecutor David Starvaggi said in one instance, inspectors found an aluminium block - used in repairs to support an axle - that was lodged between a wheel and disc brake and had reduced the truck's braking efficiency.
SafetyNet has
earlier reported that in NSW, Cootes has been ordered to pay $525,305 for
hundreds of road safety breaches
Read
more: The Age Cootes Transport fined more than $50,000
for unsafe tankers following fatal crash .
NSW: Horrific death caused by
poor supervision and training
The NSW Coroner has found a worker's "horrific" death was
caused by unqualified supervision, poorly explained rules and minimal training.
Coroner Mary Jerram found it was possible the worker died after being directed
to do something he "absolutely should not have", and questioned the
efficacy of the one-day training course provided to him and his fellow workers.
On 16 September 2010, the Claddagh Civil employee was electrocuted and set on fire by a broken earth strap at a Sydney East Substation at Belrose. The inquest heard the substation was owned by TransGrid, which contracted routine maintenance to Project Electrical Services Pty Ltd (PES). PES then subcontracted some of that work to CLM Infrastructure Pty Ltd, which subcontracted Claddagh Civil to perform excavation and labouring work.
About a week before the worker's death, work was being conducted in a
bay at the substation when an earth strap from a sealed end cable to the earth
grid was partly severed. A temporary cable was connected in case there was a
complete break, prior to power being restored to the area. On 16 September a
PES supervisor decided to fix the partial break, and the worker offered to
help. The supervisor then directed the worker not to enter the site until he
returned from retrieving some tools, but when he got back five minutes later,
he saw the worker inside the bay in a trench and on fire. The man died at the scene.
Source: OHSAlert
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