Occupational Health And Safety Representatives at Work

SafetyNet 371, July 20, 2016

Welcome to another edition of SafetyNet. It's been a busy week - with work on the VTHC submission to the Review into WorkSafe's Compliance and Enforcement progressing. Remember to send in your views.

To get news between editions, please follow our We Are Union: OHS Matters Facebook page. If you're an OHS rep, and passionate about health and safety, then consider joining the We are Union Network page, a safe place to raise and discuss issues: check it out - and ask to join.

Union News
Research
OHS Regulator News
Prosecutions
International News

Union News

Quick: tell us what you think - time is running out! 
If you haven't yet told us what your views and experiences of WorkSafe are, then do it right now - time is running out. We want to hear from both health and safety reps and workers. Telling us what you think will help us put together a great submission to the Review into WorkSafe Victoria's Compliance and Enforcement activities. Go to the HSR Submission Portal  and tell us about your experiences.

We also hope that some HSRs will also make their own, separate submissions. Download the Discussion Paper the review website - or email the VTHC if you want a copy emailed to you.   The closing date for submissions is 1 August 2016.

Ask Renata 

Hi Renata,
If staff are away, do we (management) need to be notified - from an OHS perspective? And then should we send an email to staff advising them of the absent staff member?

Of course, there's nothing in the Act or regs specifically addressing this issue!

I do not believe the employer has a right to know where someone is if they are on leave (whether annual leave, sick or family leave). If the person is not at work but attending a work-related conference or training, then of course the employer would, and should, know where the employee is. But from an OHS perspective? Maybe – if someone is injured while at work training/conference, then they are entitled to claim workers' compensation; or if a conference is being held where the employee might be in danger (for example overseas). A new guide to managing mobile workers' safety, health and security has been jointly developed by International SOS Foundation and the Institution of Occupational Safety and Health (IOSH) for workers travelling for work, or on international assignments - which might be useful in these circumstances.

Regarding whether other staff should be informed about someone's absence - this should be discussed with all staff to develop a policy/procedure. It's certainly useful for those who normally interact with staff members to know when they are not at work – that way they don't try to contact them/put in requests/expect a response when they're not there.

But really, this is more about smooth running of the workplace as opposed to OHS.

Please send any OHS related queries in to Ask Renata - your query will be responded to as quickly as we can – usually within a couple of days.

More on last week's question on computers and eyes:
A reader sent in some information he gleaned from other sources that computer users should try to get a five minute break from the screen every 20 minutes, or at least a minimum of 10 minutes every hour. The assumption is that the workstation has been properly set up, the screen is the right distance away, and so on. The worker should do something completely different during these breaks. (Thank you, Tony!)  

Fair Work Commission upholds OHS Rep's claim of bullying
The Fair Work Commission has found that St Aloysius' principal bullied an OHS representative over a period of time: four of the 16 alleged incidents of "repeated unreasonable behaviour" by the principal were bullying conduct creating a risk to the teacher's mental health. The teacher, who had 20 years experience, was elected HSR by her colleagues in May 2013, and requested the anti-bullying policy be updated (because the designated complaints officer was no longer at the school and not been replaced). The principal didn't act until the end of 2014, when the teacher complained to the college's board.  

One example of the bullying was the appointment of a business manager to take part in the rep's annual review. The principal had claimed she chose the business manager because he was a part of the OHS committee and could comment on the representative's safety role, but FWC Deputy President Val Gostencnik found this was "errant nonsense".  "An OH&S representative is elected by employees of a designated workgroup and the representative has such functions and powers as are conferred by the [Victorian] Occupational Health and Safety Act 2004," he said. "The discharge of such functions are not within the purview of an employer to review in the context of an annual review meeting."  Read more: Ms Susan Purcell v Ms Mary Farah and Mercy Education Ltd T/A St Aloysius College [2016] FWC 2308 (11 July 2016)

More cases of black lung
Following last week's 7.30 story on black lung in Queensland and the report from Monash University, the state's Minister for Natural Resources and Mines, Dr Anthony Lynham announced there were an additional 18 suspected cases of black lung disease after X-rays were reviewed by health experts in the US. The Department of Natural Resources and Mines has announced a three-pronged plan aimed at tackling the failures highlighted in the report and identifying any additional cases of black lung disease.

Currently all underground coal mines offer their workers new checks on current X-rays or new X-rays if it was taken more than two years ago. All new x-rays are being checked twice by Australian and US professionals while local radiologists undergo further training to the international standard. Dr Lynham said he would continue to lobby the federal government to establish a national screening program that includes retired coal miners.
Source: WorkplaceOHS

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Asbestos News
WA: More asbestos-contaminated building products detected
Last week we reported that metal skirting imported by Yuanda Australia (subsidiary of Chinese multinational manufacturing firm Yuanda Holdings Limited) at a new development in Brisbane was found to contain asbestos. This week it was discovered that the company also supplied asbestos-tainted roof panels to the Perth Children's Hospital project, leading to health fears for dozens of workers and resulting in parts of the site being locked down. 

Queensland government demands tougher asbestos controls from Commonwealth  
The Queensland government last week called on the Commonwealth to step up its efforts to prevent the importation of asbestos containing materials into the country. Industrial Relations Minister Grace Grace said she would write to the federal government calling for stricter import controls on the hazardous substance, after the debacle in Brisbane. 

"I'm very concerned that asbestos is still making its way into the country and ending up on Queensland construction sites," she said. "I want to commend the CFMEU for its vigilance in testing, which detected deadly asbestos fibres on one of the biggest construction sites in Brisbane. The import ban imposed back in 2003 clearly didn't work in this case and it's up to the federal government to enforce this ban or explain why it failed." Ms Grace concluded: "It's time for all stakeholders, including the federal government and businesses, to be more vigilant in stopping the importation of products containing asbestos once and for all – anything less will not be tolerated in Queensland."

Meanwhile, the ABC revealed that Australian Border Force is testing only a small fraction of building materials for asbestos, and South Australian senator Nick Xenophon has called for a Senate inquiry. "I understand Border Force's priority has been to stop the boats with asylum seekers, but perhaps they should also have a priority of stopping boats full of asbestos products that can kill Australians in years to come," he said. Read more: Queensland government Media Statement, and ABC news online :

NSW: Four employers enter WHS EUs after asbestos incident 
Four employers have now entered into enforceable undertakings (EUs), totalling almost $750,000, relating to an incident where six workers were exposed to friable asbestos during the refurbishment of the Royal North Shore hospital in Sydney. These are NSW Government employers the Health Administration Corporation and the Northern Sydney Local Health District (NSLHD), Shamrock Electrical Pty Ltd and the refurbishment's principal contractor, ISIS Group Australia Pty Ltd.
Source: OHS Alert

ASEA News
1- Reminder International Asbestos Awareness and Management Conference
People interested in things asbestos should 'save the date': 13 - 15 November at Adelaide Convention Centre (ACC) on Adelaide's North Terrace. You can now register here and programme details will be available soon, please keep an eye on these pages and Twitter or Facebook for updates. Presentations and highlights from the 2015 ASEA Conference can be downloaded from the ASEA website.

2 - Reminder: Website survey
The Asbestos Safety and Eradication Agency is reviewing the effectiveness of its website to ensure the delivery of digital services that will be simpler and easier to use as a 'one-stop-shop' resource of information on asbestos awareness and management. Please complete the survey and provide feedback.

South Korea to tighten asbestos controls
The South Korean government is set to strengthen the management of buildings containing asbestos during their dismantling and reconstruction process to minimize health risks from exposure. Asbestos was widely used in 1970s to build slate roofs, interior materials, soundproof walls and insulators. The revised Asbestos Safety Management Act, which will take effect August 15, will place a duty on owners of buildings with asbestos to have at least one safety supervisor at dismantling sites. Sites of over 2,000 square metres must have more than one expert.
Read more: The Korea Herald

UK: Mesothelioma stats show need for asbestos action
Mesothelioma has killed over 2,500 people for three consecutive years, latest official UK statistics show. The Trade Union Congress (TUC), commenting on the release by the Health and Safety Executive (HSE) of mortality figures for the cancer mesothelioma, said although most people have probably never heard of mesothelioma the new figures for 2014 show that "for the third year running, the number of deaths from mesothelioma has been over 2,500 and this level is likely to continue for at least the rest of the decade." The TUC calculates that since mesothelioma deaths figures were first published in 1968, "the number of people who are recorded as having died from mesothelioma in the past 46 years is 54,631. Given the high levels of under-diagnosis in previous decades, the true figure is much higher." TUC head of safety Hugh Robertson noted: "We could have prevented most of these deaths if the government had listened to the unions and safety campaigners instead of the employers and asbestos industry when asbestos was being widely used in the 1960s and 70s. The importation and use of asbestos was banned in the UK in 1999 so of course we are now told that mesothelioma is soon going to become a disease of the past. Well it is not. There are still millions of tonnes of it in place in at least half a million commercial properties, and every day thousands of workers are put at risk of breathing in the fatal fibre." He said while the government's recent moves to compensate mesothelioma victims and to provide seed corn funding for a research centre into the condition was welcome, "if it wants to really do something about this terrible disease, it has to take the more long-term view and work toward the complete eradication of asbestos. Only then will we be able to consign mesothelioma to the history books."  Read more: TUC Stronger Unions blog. Mesothelioma in Great Britain: Mesothelioma mortality in Great Britain 1968 to 2014 [pdf], HSE, July 2016 and HSE mesothelioma webpages. Source: RIsks 759. 

Italy: Jail sentences for ex-minister and Olivetti execs
A former Italian government minister and an ex-president of Olivetti were this week given jail terms over asbestos-related deaths of former employees at the Torino-based computer and electronics firm. Carlo De Benedetti, Olivetti president from 1978 - 1996, and his brother Franco received sentences of five years and two months for homicide and involuntary injury by a court in Ivrea. Former economic development minister Corrado Passera received a 23 month suspended sentence. They were among a number of people sentenced this week. The inquiry began in November 2013 following the deaths of 20 former employees at Olivetti's Ivrea factory. Read more: GlobalPost 

More information: Asbestos in the home and Asbestos in the workplace

Quad bikes: more incidents and reminder of UNSW survey
There have been two more quad bike incidents in the past week: one in Victoria and one in NSW. On Sunday afternoon a man was injured when the quad bike he was using on his farm 14km west of Corryong rolled over his leg. He sustained deep cuts to his leg. Two male teenagers in New South Wales were taken to hospital last Thursday afternoon after their quad bike rolled. Police and emergency services were called to a property, about 50 kilometres north-west of Sydney, at about 12pm following reports of a quad bike incident. One of the boys reportedly suffered serious head injuries while the second suffered multiple fractures to his lower leg.

Also last week, a Tasmanian court ordered that a King Island farmer pay about $12 million to a British backpacker who was working for him when a quadbike rolled making her a quadriplegic with a catastrophic brain injury. The young woman was a budding photographer and had only been working at the dairy farm for a few weeks before the 2011 crash. The Hobart lawyer who represented the family, said the crash had left the now 27-year-old in a minimally conscious state. The family had been seeking damages of $40 million. Justice Stephen Estcourt accepted the workers had not been properly trained and did not have a helmet. During the hearings her lawyers also claimed that the quadbike had significant defects, including disconnected rear brakes, excessive steering wear and a rear-wheel had been put on backwards.
Read more: ABC news online

And remember the University of New South Wales quad bike safety survey which is looking to establish the cause of quad bike-related crashes and injuries that occur in the Australian workplace, is still open. If you are over 18 and use a quad bike for work, please fill out the survey. It can be done online here or you can request a hard copy.

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BE TRADES HALL TRAINED: VTHC OHS Training Centre 
Don't settle for any training other than that provided by your union or the VTHC. HSRs are elected by their fellow workers to represent them. We understand what HSRs need and have been training effective HSRs for many years. Remember that under Section 67 of the OHS Act, both HSRs and deputies have the right to attend the training course of their choice (in consultation with their employer).  Below are the dates for the next few courses at the VTHC OHS Training Centre. The full set of new dates until June 2017, including Comcare courses, is now on the Training program page where you can download a registration form or register online. Contact Lisa Mott on (03) 9663 5460 for any training related queries. (Note: from August 1, 2016, the cost of all courses will increase. Please check the website)

International Union News

Bangladesh indicts 41 on murder charges in 2013 factory fall
A Bangladesh court this week indicted 41 people for murder in the deaths of more than 1,100 people in the collapse of the Rana Plaza building that housed five garment factories and became known as the country's worst industrial disaster.

Initially investigators said they would be charged with culpable homicide, which carries a maximum punishment of seven years in jail. But they later changed the charges to murder due to the gravity of the disaster. Masud Rana, who owned the building outside Dhaka, and 33 other people pleaded not guilty when the charges against them were read out in court. Another seven who absconded will be tried in absentia, said Mizanur Rahman, a public prosecutor.
Read more: Business Standard.

Research

France: Report confirms night work harm 
Working night shifts leads to sleep and metabolic disorders, and some serious diseases, according to a study by the French Agency for Food, Environmental and Occupational Health and Safety (ANSES). The review of 24 recent epidemiological studies found there is a proven link between night shift work and sleep disorders, particularly drowsiness. It also established a connection between night shifts and 'metabolic syndrome', a grouping of conditions including obesity and increased blood pressure. The researchers also believe that night work is likely to increase the risk of developing type 2 diabetes, coronary diseases and, due to the disruption of biological cycles, even breast cancer.

In 2007, shift work was recognised as 'probably carcinogenic to humans' by the International Agency for Research on Cancer (IARC). The 2015 European survey on working conditions by Dublin-based think-tank Eurofound found that 19 per cent of European workers are engaged in night work. It revealed that night shift workers are generally subject to a higher number of physical risks, greater time pressures - work schedules, time constraints, tight deadlines - and increased tensions with colleagues or the public.  Read more: ETUI news report. The study can be downloaded (French only) Source: Risks 759

Sit-stand desks reduce back pain
A trial by researchers at Stanford University has found that workers with chronic low back pain reported reduced pain within a few days of using sit-stand desks. Participants were randomized to receive a sit-stand Workstation (SSW) at the beginning or at the end of a 3-month study period. Participants responded to a short survey at the end of each workday and a comprehensive survey at weeks 1, 6, and 12. Surveys consisted of a modified brief pain inventory and the Roland Morris Disability Questionnaire.

Forty-six university employees with self-reported chronic lower back pain (LBP) were enrolled. Participants who were given access to a SSW reported a significant reduction in current and worst LBP over time.
Read more: Ognibene, G et al. Impact of a Sit-Stand Workstation on Chronic Low Back Pain: Results of a Randomized Trial [abstract]  JOEM: March 2016 - Volume 58 - Issue 3

Researchers identify seven 'Breath-taking' jobs
A group of Norwegian researchers who undertook a study to identify occupations and specific exposures associated with respiratory work disability, have for the first time, demonstrated an association between certain occupations and job change. They mailed a self-administered questionnaire to a random sample of the general population, aged 16–50 and defined respiratory work disability as a positive response to the survey question: 'Have you ever had to change or leave your job because it affected your breathing?' Occupational exposures were then assessed using an asthma-specific job-exposure matrix, and comparison of risks was made for cases.

Their results showed that 247 workers (1.7 per cent of the 14,906 respondents who were ever employed) had changed their work due to respiratory symptoms. The most prevalent self-reported single exposures among those ever employed and associated with workplace change due to respiratory symptoms were:  cleaning/disinfection agents; low temperatures; metal dust; welding fumes; and paint. Further analysis showed that workers exposed to metals/gases, exercise/cold, cleaning/cooking and hair products/animals had an increased risk of job change because work affected their breathing compared with those who did not report such exposure

They identified seven 'breath-taking jobs': cook/chef, welder, gardener, sheet metal worker, cleaner, hairdresser and agricultural labourer. Further, several specific occupational exposures were associated with an increased risk of job change, with some differences between genders.
Read more: AKM Fell, et al, Norway: Breath-taking jobs: a case–control study of respiratory work disability by occupation in Norway Occupational and Environmental Medicine, Online first June 2016

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Regulator News

WorkSafe Victoria News
Your say on the review of the OHS and EPS Regulations: Public comment now open
As noted in SafetyNet 270, Victoria's Occupational Health and Safety Regulations 2007 (OHS Regulations) and Equipment (Public Safety) Regulations 2007 (EPS Regulations) will expire in June 2017, and WorkSafe is reviewing and remaking these regulations. It has considered how the Regulations are currently working, opportunities for improvement to streamline and modernise their content, as well as better reflect current Victorian work practices without reducing safety standards.

Public comment on the OHS Regulations, EPS Regulations and required Regulatory Impact Statement is now open - and closes Friday 9 September 2016. Everyone with an interest in these regulations is invited to review and provide their comments.

A dedicated website has been set up for public comment to enable submissions to be made online. Submissions can also be provided via email or by post.  Information materials have been developed to provide a clear overview of the changes proposed to the OHS and EPS Regulations.

Further, a series of free information sessions is being held across the state in July and August 2016 to assist the public to understand the proposed changes and the public comment submission process. Details of dates and locations are on the website - registration is easy.  Note: the Melbourne session is being held at 11am, next Wednesday July 27 - so register now if you're interested.

The VTHC will be developing a submission - so if you have any issues you would like to raise, please send them through to OHS Info.

NSW: Alert issued after elevated work platform fatality
WorkSafe NSW has issued a Safety Alert Mobile elevating work platforms used in orchards after a worker sustained fatal injuries while operating a three wheeled mobile elevating work platform (MEWP) on a terraced property while picking avocados. The MEWP was found tipped over with the boom and basket in the fully extended position. The alert reminds owners and operators of MEWPs to be aware of the machine's capabilities and always operate within its limits. It provides advice on the action owners and operators need to take.

ACT: resources for the construction industry
Access Canberra has produced a number of short videos (and are going to produce more) specifically for the construction industry. These videos can be viewed directly on phones or tablets. Check the Access Canberra website for videos, alerts and newsletters.

Safe Work Australia news 
Farm Safety Week
As part of National Farm Safety Week, Safe Work Australia is urging farmers to 'stay safe'. SWA says that in 2013-14, 36 workers were killed and 2565 workers were compensated for serious injuries and diseases in the agriculture industry. And although rates have been declining, improvements can still be made to reduce the number of deaths and injury on farms.

Working with animals, manual handling and falls from height are the leading causes of injury to farm workers and single vehicle incidents are the leading cause of farm worker fatalities. To assist people working on farms, SWA has partnered with the National Farmers' Federation to produce two short farm safety videos on machinery guarding and stockyard handling. Read more and check out the videos: SWA Media Release 

Fatality statistics
There has been not been an update on the SWA fatality statistics page since July 7, when there had been 81 fatalities reported.  To check for an update go to the Safe Work Australia Work-related fatalities page.

SWA has now released the monthly fatality report for February 2016 during which there were 12 work-related notifiable fatalities - seven male workers, three male bystanders and two female bystanders. Seven fatalities occurred in Transport, postal & warehousing workplaces and two each in Agriculture, forestry & fishing and Construction workplaces. There was one fatality in an Information media & telecommunications workplace. To download the report, and to check for more recent updates, go to the Notifiable Fatalities Monthly Report webpage.

Of interest is an article in the Sydney Morning Herald last week: Australia's most dangerous jobs ranked according to fatalities and injuries. Those subscribers who read this section of SafetyNet will not be surprised to learn that the agriculture, forestry and fishing industry is the worst, having recorded the highest number of injuries and fatalities from 2003 to 2014, with the 686 deaths recorded accounting for 23 per cent of total workplace deaths in the period. The next most dangerous are Transport, postal and warehousing.

Reminder: Virtual Seminar Series returns in October with extended broadcast schedule
Safe Work Australia will be running the Virtual Seminar Series again beginning in October. The 2016 seminar schedule will be available soon - and when it becomes available, SafetyNet will provide a link to it. In the meantime, click here to access Virtual Seminars from 2014 and 2015 - including videos on road safety and a collection of perspectives from safety experts and leaders on leading a positive safety culture.

Australian Dangerous Goods Code 7.5 Draft. Public Comment closes 9 August
The proposed Code and an overview of the changes, including how to make a submission, are on the National Transport Commission website. This links to the overview of the changes document, within this document are the links to the sections of the Code, or press 'more information' and scroll down.

The NTC is interested in hearing your views on the Code changes, including on the latest UN19 changes, mechanics of the limited quantity changes, other Australian specific changes and any rogue wording problems. All submission are due by Tuesday 9 August. For details: Philippa Thode, Senior Policy Analyst, NTC, Bourke Street, Melbourne VIC 3000; T: (03) 9236 5017 email: PThode@ntc.gov.au

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Prosecutions

Victorian Prosecutions
There were no further OHS prosecutions listed on the WorkSafe Victoria Prosecutions Outcomes page this week.

WA: Fatality and federal entry laws (Federal)
In the Federal Court, Justice Lucev Judge Lucev dismissed mining company Fortescue's claim that a union - the CEPU - could not seek a declaration that the company breached federal entry laws in relation to a fatality incident at a worksite in Western Australia. In the case, the CEPU alleges that on 16, 19 and 20 August 2013 one of its officials was unduly delayed when he sought to exercise a right of entry to premises occupied by Fortescue Metals Group to investigate a suspected contravention of s.19 of the Occupational Safety and Health Act 1984 (WA) following a fatality in the workplace at those premises. FMG submitted multiple arguments regarding the right of the union official to enter. The case continues.

SA: Large shipping company convicted for worker's death
The family of a worker killed on a barge at the end of 2012 has received compensation as part of a decision made by the South Australian Industrial Court. The Court convicted Inco Ships Pty Ltd, a specialist vessel management services company, and imposed a penalty of $200,000 plus court costs, as well as compensation of $20,000 to the worker's spouse and children.

In Whyalla on 15 December 2012, Mr Aries Nemiada, an experienced and qualified deck mechanic, received fatal crush injuries while performing maintenance work on an iron ore trans-shipment barge managed by Inco Ships Pty Ltd. Following investigation by SafeWork SA, the company was charged with failing to provide a safe system of work as well as failing to provide adequate information, instruction, supervision and training.

Prior to a guilty finding Inco Ships neither acknowledged nor accepted any legal responsibility for breaching its legal obligations to ensure workplace safety. "Inco must now surely appreciate that its refusal to accept legal responsibility for the offence was misconceived, with likely hurtful consequences to the victim's family, friends and colleagues," said presiding Magistrate Lieschke.
Read more: Safework SA Media release [pdf]

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International News

Malta set to ban probable carcinogenic weedkiller
Malta will become the first EU country to ban the use of the controversial weedkiller glyphosate, which was reauthorised by the European Commission this month despite Malta's opposition. An Environment Ministry spokeswoman has said that the government had begun the process of banning the chemical, which is considered a "probable human carcinogen" by IARC, the World Health Organisation cancer agency.  "Malta's position remains against the use of glyphosate and Malta voted against it without reservations," the spokeswoman said, confirming that the pesticide regulator was currently implementing political direction given by the ministry towards a ban.

A spokesperson for Friends of the Earth Malta applauded the government's decision, describing it as a victory for civil society: "The decision shows courage from government's side as it chose to listen to the concerns of experts and individuals who have demanded that our fields, streets and gardens would be free from this risky weed killer," he said."We also hope that other European countries grab this opportunity to make European farming safer and greener, which is what the public wants."
Read more: Times of Malta

Canada: Breast cancer compensated as occupational disease 
Late last month, the Supreme Court of Canada found that three hospital workers who contracted breast cancer while working in the laboratory at Mission Memorial Hospital (British Columbia) are entitled to workers' compensation coverage - for the first time in Canada's history.

The three were among seven women who developed breast cancer at the lab. An investigation into the cancer identified there was a cancer cluster in the laboratory – where the incidence of breast cancer was eight times the rate of breast cancer in British Columbia. The Workers' Compensation Board originally denied their applications for compensation benefits on the grounds their breast cancers were not occupational diseases.

But the Workers Compensation Administrative Tribunal overturned those decisions in 2010 and 2011, and linked the cancers to the workplace. The British Columbia Court of Appeal, however, said the tribunal's decisions were "patently unreasonable" because there was no evidence that the women's cancer was caused by their work environment and the tribunal ignored expert advice to the contrary. The court suggested the cases were a statistical anomaly. On 24 June, the Supreme Court ruled in favour of women.
Read more: ETUI News

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