Workplace bullying policy could become part of the federal workplace system

Workplace bullying policy could become part of the federal workplace system for the first time, if Workplace Relations Minister Bill Shorten's plan is successful.

Under the plan, bullied workers are allowed to take cases directly to the Fair Work Commission and have them listed within 2 weeks. Fines for bullies could be up to $33,000. Bill Shorten said the move could provide workers and their employers with a more timely and affordable method of resolving workplace bullying matters.

Key changes under the proposal include:

- A national definition of bullying and a national training system would be established.
- An investigation by police or state health and safety regulators would no longer be required before a worker could tackle a conflict.
- Safeguards would be implemented to prevent vexatious claims.

The legal position of an employer

Employers are responsible for helping to prevent bullying and harassing behaviour in the workplace. It is in their interests to make it clear to everyone that such behaviour will not be tolerated. The costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff. Training all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

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Source: The Herald Sun

$460,000 in proposed penalties for company that exposed workers to lead

A company is facing nearly $460,000 in penalties from the Occupational Safety and Health Administration, after being cited with 38 alleged violations. The violations, including 14 willful and 11 repeat, were found at bridge work sites, where workers were exposed to lead and other safety and health hazards while performing abrasive blasting and repainting projects.

MaryAnn Garrahan, OSHA regional administrator said:
"Employers have a legal responsibility to provide workers with safe and healthful workplaces. Anything less is unacceptable."

The willful violations include failing to properly protect workers from exposure to lead and failing to provide fall protection.

The repeat violations include:
• A lack of warning signs posted in lead work areas
• Failing to provide medical evaluations and fit tests for respirator users
• Failing to notify employees of the results of lead monitoring

Eleven serious violations were cited for:
• Allowing workers to have and/or consume food in the area where lead exposure was above the permissible level
• Not ensuring workers wore respirators while blasting with glass media or when exposed to lead in excess of permissible limits.
• Failing to provide personal protective equipment for workers when blasting

Source: The Occupational Safety and Health Administration

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New study on social media in the workplace

A new international study suggests that colleagues posting embarrassing photos of one another on social media sites is contributing to a widespread breakdown of workplace privacy.

Co-workers using social media sites to make unwanted romantic advances is also said to be blurring the distinction between work and home life.

The findings are based on surveys with 4000 social media users in 10 countries, and were published by internet security firm AVG Technologies.

"This study highlights the need for a combination of greater education around social media, alongside increased attention and care by both employees and employers to their social media etiquette at work," the company said.

Key findings among Australian respondents include:
• 6/10 said social media sites have eroded their expectation of privacy at work
• 1/10 said they have had embarrassing photos or videos taken at a work event and uploaded on to social media sites
• 9/10 believed sending unpleasant or defamatory remarks to or about a colleague using digital communications constituted cyber-bullying
• Employees raised concerns about managers discovering embarrassing or incriminating information on social media sites

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Source: The Australian and Smart Company

Mining giant convicted over worker's death

A mining giant has been found guilty of failing to protect the safety of a worker who was crushed to death by a scissor lift in a workshop.

The court found that the mining company had failed to provide instruction and supervision, and had failed to implement and enforce a suitable job hazard assessment, which led to the worker’s death in 2008. The company faces penalties of up to $400,000, with sentencing scheduled for March 19.

In early 2009, the company had its fifth fatality in nine months at its iron ore operations in a WA region and was forced to acknowledge change was needed.

“Of course, no fatality is ever acceptable, and senior management took that commitment extremely seriously and made a number of improvements across the business in this regard” The company commented in a statement.

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Source: The West Australian

Workers injured in wall collapse at building site

Two men in their twenties were hospitalised last week, after a wall collapsed onto them at a building site.

The men were working to smooth off concrete on the wall when a rock supported by the wall collapsed. The Metropolitan Fire Brigade attended the accident and had to winch one of the men out of the rubble using a crane. One of the workers suffered an injured hip, while the other worker suffered an injured wrist.

WorkSafe Victoria issued a prohibition notice on the site, preventing any further work until an engineer assessed the site.

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Source: The Age

Studies show up to half of all heavy-truck drivers suffer from sleep apnoea

An inquest has heard that up to half of all heavy-truck drivers suffer from sleep apnoea, a condition blamed for causing a Victorian truckie to fall asleep at the wheel before a fatal head-on collision.

The 52-year-old truck driver was diagnosed with severe obstructive sleep apnoea after the collision. He pleaded guilty to negligent driving causing death and was given a suspended 10-month jail sentence.

Royal Prince Alfred Hospital sleep specialist Anup Desai said that the disorder was prevalent but under-reported, and even though GPs detected symptoms, they didn't necessarily refer truck drivers for further assessment and diagnosis by a sleep specialist.

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Source: The Australian

Firm fined £60,000 after an employee's hair was ripped out by machinery

A company has been fined £60,000 after a young worker was severely injured when her hair was ripped out by poorly guarded machinery.

The 25-year-old was sorting clothes hangers on a conveyor when her scarf and hair became caught in the chain and sprocket drive of the belt as she bent over to remove accumulated hangers.

She sustained serious throat injuries, lost a substantial part of her hair and fractured a finger in the incident.

The firm had fitted a guard to the conveyor but it did not fully enclose the dangerous moving parts. There was no emergency stop button on the conveyor and the company's risk assessment failed to identify the dangers of entanglement in conveyors.

The company was fined £60,000 and ordered to pay costs of £21,668.

HSE Inspector David Wynne said: "Employers must ensure that workers are properly monitored, supervised and trained when working with this sort of equipment."

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Source: http://www.hse.gov.uk/press/2013/rnn-w-mainetti.htm

Employees exposed to potentially deadly bacteria

A trust has been fined for safety failings after employees were exposed to a potentially deadly strain of multi-drug resistant tuberculosis (TB) bacteria when a test vial smashed in a specialist laboratory.

The HSE identified the following issues with the management and maintenance of the containment facility:
• Inadequate risk assessments for activities involving TB
• Critical control measures weren't examined, monitored, tested or maintained
• Poor emergency arrangements in the event of an incident
• Those responsible for health and safety were lacking appropriate training

The test vial containing a strain of TB bacteria smashed when it fell to the floor. Three employees were present and a fourth risked exposure when she helped with the clean up operation.

No-one suffered any adverse effects, but The Trust should also have better implemented appropriate and adequate control measures, and ensured that staff were suitably trained. The Trust was fined £12,500 and ordered to pay £25,000 in costs.

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Source: http://www.hse.gov.uk/press/2013/rnn-ldn-01013.htm

$87,010 in fines proposed for roofing company that failed to provide fall protection

The Occupational Safety and Health Administration has cited a roofing company with seven safety violations following two separate inspections for failing to provide and ensure workers use proper fall protection while conducting roof work on a multicomplex apartment building. Proposed fines from both inspections total $87,010.

"When working from heights, such as roofs, ladders and scaffolds, employers must plan projects to ensure that the job is done safely, provide the proper equipment and train workers," said Kathy Webb, OSHA's area director in Aurora.

The repeat and wilful violations were for failing to provide fall protection. Five serious violations were cited for overloading and improperly using an aerial lift and failing to provide proper lanyard tie offs to workers in the aerial lift. The company was also cited for exposing workers to electrical shock by failing to provide proper ground fault protection and using a ladder that did not extend 3 feet above the landing surface.

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Source: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23496

Steel firm in court after worker struck by large steel girder

A firm has admitted safety failings that led to one of its workers being struck on his back by a large steel girder.

The 46-year-old man narrowly escaped being crushed by the girder and was instead knocked to the floor when it hit him from behind. He suffered severe bruising and soft tissue damage to his foot and lower leg.

Before leaving for the weekend, the worker had brought two girders into the workshop and placed them on powered rollers. On Monday, he set the rollers running and climbed through a curtain screen to put clean cling films on the rollers, forgetting the girders were on the same rollers. He was struck in the lower back as the girder moved toward him and knocked over the rollers onto the floor.

The company had never assessed the risks involved in using the machine and had not provided guards for the rollers to prevent access during operation. They were fined a total of £20,000 and ordered to pay £7,356 in costs.

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Source: http://www.hse.gov.uk/press/2013/rnn-yh-00613.htm

Electrical and machine guarding hazards lead to OSHA inspection and citation

The Occupational Safety and Health Administration cited a building materials company with 7 serious violations for exposing workers to electrical and machine guarding hazards, with proposed penalties of $41,000.

OSHA conducted a safety inspection in response to a complaint about unsafe working conditions and machine hazards. They discovered workers building prefabricated wood trusses without the required machine guarding.

"The lack of machine guarding can lead to serious injuries, including amputations," said Casey Perkins, OSHA's area director in Austin. "OSHA's standards must be followed to prevent accidents, injuries and illnesses."

The serious violations include failing to provide machine guarding while operating saws, ensure that rotating shafts on machines are covered, ensure that electrical wiring is protected and ensure electrical cords are maintained in safe condition.

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Source: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23481

2 companies fined after crane collapsed on building site

Two companies have been fined after a serious failure in communications led to an 80 tonne mobile crane toppling over, narrowly missing workmen and a busy road.

The incident happened on a building site during construction of a new nursing home. The crane was supplied and operated by another company but confusion arose as to whether the job had been set up as a crane hire only or contract hire basis. Planning of the lift was neglected by both firms and led to vital roles for the job not being assigned.

The lift itself was carried out unsafely as the crane was overloaded and being operated on poor ground. As a result the 80-tonne crane overturned and its extended 50 metre jib fell. A lift plan should have been drawn-up by the competent person and communicated to those involved in the work.

The principal contractor was fined £16,000 and the other company was fined £10,000.

HSE inspector Kathy Gostick said: “Good communications between all those involved in crane operations and all other construction activities is vital to ensure lifting operations are properly planned, particularly those involving the use of heavy mobile cranes working in a busy area such as a construction site.”

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Source: http://www.hse.gov.uk/press/2012/rnn-sw-southcoastcranehire.htm?eban=rss-

Proposed workplace bullying laws allow workers to claim compensation for being left idle

Workers in cushy jobs will be able to claim compo for being left idle, under national laws drawn up to combat bullying.

Employer groups have hit out at Safe Work Australia's "nanny state" rules, outlined in a draft code of practice that would be admissible in court cases. The code lists "not providing enough work" as a form of "indirect bullying", along with constantly changing deadlines or setting timelines that are difficult to achieve. It advises employers to ban pranks and discourage "exclusive clubs or cliques", so workers are not "ostracised" by colleagues.

The Australian Industry Group's representative on the board of Safe Work Australia, Mark Goodsell, said "It's easy for people to make an allegation and it is expensive and difficult for companies and management to rebut it."

The latest draft by Safe Work Australia states that "in some situations, behaviours may unintentionally cause distress and be perceived as bullying. For example, a manager or supervisor in a position of power may have a management style that seems to be strict or disciplinary when it is in fact bullying.”

The code has been put on ice pending the outcome of a parliamentary inquiry into bullying, ordered by Prime Minister Julia Gillard. The Australian Chamber of Commerce and Industry director David Goodwin said "employers are now responsible for virtually every aspect of wellbeing of their staff, whether they know about it or not”.

ACCI work health and safety manager Carolyn Davis said "the guidance must clearly distinguish bullying from legitimate management practices and reasonable management”.

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Source: http://www.theaustralian.com.au/news/national-bullying-laws-allow-workers-left-idle-to-claim-workers-compensation/story-e6frg6n6-1226504514022

Staff at a food manufacturer speak publicly about years of alleged workplace bullying

Almost half the staff at an inner-city gourmet food manufacturer have spoken out about alleged extreme workplace bullying. The staff took the unusual step of speaking publicly about the alleged bullying because they hoped doing so would help their situation.

18 staff out of 38 accused their employer of allowing bullying to go unchecked despite numerous complaints, including allowing a senior staff member to:
■Regularly scream at them & make sexual comments.
■Tell workers they needed to give 48 hours' notice if they wanted to take sick days.
■Demand staff work overtime, without any notice.
■Tell any casual worker who became full time they must ''celebrate'' by buying lunch for the entire workplace, or buying a supervisor a gift.
■Keep the wages of some employees for up to 8 weeks.
■Pressure most staff to pay her - in cash - 10% of a backpay payment.

The case will throw a spotlight on laws passed last year that were aimed at tackling workplace bullying.

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Source: http://www.theage.com.au/small-business/staff-at-food-plant-allege-years-of-extreme-bullying-20121007-277dc.html

Workplace bullying could be criminalised throughout Australia

Prime Minister Julia Gillard has backed a national version of workplace bullying laws introduced in Victoria last year, which criminalise serious workplace bullying. Under the changes, workplace bullies can face up to 10 years jail time. The Victorian law, also known as “Brodie’s Law” was established after the tragic suicide of 19-year-old Brodie Panlock, a waitress who faced relentless taunts and abuse at work.

In May 2012, Ms Gillard announced a national review into workplace bullying, which will assess the nature, causes and degree of workplace bullying. ''One way we could add to what we're doing now is to take Brodie's law nationally and to have a common national law to deal with bullying in the workplace,'' Ms Gillard said.

What impact does bullying have on your workplace?
According to the Australian Productivity Commission, workplace bullying costs employers and the Australian economy between $6 billion and $36 billion per year.

Employers are responsible for helping to prevent bullying and harassing behaviour in the workplace. It is in their interests to make it clear to everyone that such behaviour will not be tolerated. The costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff. Training all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

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Sources: The Sydney Morning Herald Safe to Work