Tuesday, October 30, 2012

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

Construction firm fined for endangering workers and the public

A construction firm has been prosecuted for endangering workers and the public with unsafe demolition work.

Local residents raised concerns that asbestos materials were being smashed up and littering the site, that debris was dropping from height onto the road and footpath; and that the site was insecure despite its close proximity to a local school.

The Health and Safety Executive investigation found that the company should have carried out an asbestos survey and produced a health and safety plan and a plan of demolition to ensure the buildings came down in a safe manner. Safe working platforms such as scaffolding could also have been used.

The construction company also employed inexperienced labourers to carry out demolition and asbestos removal, and did not give them sufficient instruction, training, or supervision. The company was fined £36,000 and ordered to pay £9159 in costs.

HSE Inspector Helen Donnelly said: "Construction projects need to be properly planned and safely managed by competent personnel using the right procedures and equipment. That clearly didn't happen here, and I hope lessons have been learned."

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Source: http://www.hse.gov.uk/press/2012/rnn-ldn-19412.htm?eban=rss-

Thursday, October 25, 2012

International paper manufacturer fined £200,000 after worker’s death

An international paper manufacturer has been ordered to pay £260,000 in fines and costs for serious safety failings after a mill worker was crushed between two large rollers running at full production speed.

There had been significant production problems with paper breaks and waste material affecting the process. The 45-year-old worker gained access to the large rollers by opening an unlocked gate, & used a long-handled tool to clear waste material. The rollers were running at 131 metres a minute. He was drawn into the rollers and suffered severe crush injuries.

HSE found significant failings by the company in guarding the rollers and in training given to workers. The company was fined £200,000.

His widow said: "Words cannot describe the gap left in our lives by his death. Today's court decision can never bring him back but does give us a sense of justice.”

HSE Inspector, Jo Fitzgerald, said: "Fast moving machinery is a well-known hazard and must be properly guarded. Managers must take an honest look at how things are done and involve their workforce in identifying problems and improvements."

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

Young construction worker suffers near-death fall

A 21-year old construction worker started his work day like any other on Monday but it finished with him flat on his back in hospital, with a near-death tale to tell.

He fell more than 5m down a ventilation shaft at his workplace. He is recovering in hospital, with spinal injuries, broken ribs, slight bleeding on the brain & an air bubble trapped in his chest cavity.

The young worker's father was told over the phone his boy had been involved in a ''serious incident'' and was being rushed to Hospital. It is the type of phone call that too many families have taken, work safety authorities said.

The worker found himself at the bottom of the shaft after being knocked unconscious by the fall. ''The first thing he thought was either I'm dead or I'm blind because when he opened his eyes up, there was nothing,'' his father said.

''He couldn't cry out because he couldn't get any air into his lungs and he couldn't call triple 0 because he couldn't get any phone reception. So you can imagine the terror - with the pain he was in and the injuries that he's got.”

Work Safety Commissioner Mark McCabe said bosses were required to report serious workplace accidents and injuries. ''If WorkSafe becomes aware of serious incidents through some other means, often the scene of the accident will have been disturbed and any investigation by the regulator will be compromised.''

Employers who failed to comply with the law faced fines of up to $50,000.

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Source: http://www.canberratimes.com.au/act-news/how-a-work-day-ended-in-emergency-20121023-283z7.html#ixzz2AFx3Xm5i

Monday, October 22, 2012

Waste management firm fined after 2 workers injured within a week

A waste management firm has admitted neglecting the safety of its workforce after 2 men were injured within just a week.

The first incident happened when site workers were setting up a waste sorting machine for use. One worker climbed on to its front conveyor belt and kneeled down to clear a blockage, while his co-worker thought he had gone to fetch something and started up the machine. He was propelled along the belt and dropped ten feet. He suffered fractures to his foot and skin and nerve damage.

The second incident occurred when a worker was helping to restart a Jaw Crusher machine. He saw some wire tangled in a magnetic belt roller and went to pull it free. The machine suddenly restarted and the wire was pulled back into the rollers along with the worker’s left forearm. He sustained crush injuries to his forearm.

The company had failed to implement simple measures that would have prevented both incidents and had ignored earlier warnings by the Health and Safety Executive about the lack of a safe system of work.

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Source: http://www.hse.gov.uk/press/2012/rnn-yh-19212.htm?eban=rss-

Man buried alive in a sand silo in a tragic workplace accident

In a tragic workplace accident, a worker at a building and mining company died when he was buried alive in a sand silo. He was moving sand from a pile when it collapsed on him.

The company’s owner told ABC today that the incident was an “unmitigated disaster”. Six FESA crews, including fire and rescue officers rushed to the worksite amid reports a man had been crushed. Attempts to extricate him were unsuccessful and he died at the scene.

WorkSafe is now investigating the incident and a spokeswoman said the man, in his 20s, was working underneath a pile of fine sand used in concrete production when it collapsed on top of him. How the mound collapsed was still being investigated.

After being told someone had been crushed, a co-worker said “it shouldn't happen to anybody at any time. Things go wrong. Mistakes happen.”

Unions WA secretary Meredith Hammat said it was concerning work injuries were on the rise after some years of decline. “Any fatality is a tragedy and for co-workers and family... I extend to them my sympathy,” she said.

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Source: http://www.heraldsun.com.au/news/man-buried-alive-in-sand/story-e6frf7jo-1226499886001

Thursday, October 18, 2012

Company fined for exposing workers to amputation hazards

The Occupational Safety and Health Administration has cited an auto parts supplier with 13 safety violations at the company's auto parts manufacturing facility. The violations include a lack of machine guarding and allowing workers to perform maintenance on machinery without first isolating the equipment's energy source. Proposed fines total $51,000.

"OSHA is committed to protecting workers, especially when employers fail to do so" said Bill Wilkerson, OSHA's area director.

Twelve serious violations involve a lack of guarding for the points of operation on automated mechanical forging presses, not having machine-specific lockout/tagout procedures, a damaged metal guard on a conveyor, inadequate strain relief and insulation for electrical cords, a lack of periodic inspections, unguarded floor openings, failing to train workers, and failing to lock out the energy sources of machinery during servicing and maintenance.

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Source: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23142

Food company in court following worker's fall

A grain milling company has been prosecuted after a worker was injured in a fall during the night shift.

The 45-year-old fell nearly 3m on to concrete after he climbed pipework to unblock a feed pipe. With no ladder or platform available, he climbed on nearby pipework and sat on one of the pipes to reach the blockage. He unbalanced and fell some 3m, hitting pipes below before landing on the ground. He suffered broken ribs, cuts and bruising in the incident.

A Health and Safety Executive investigation found the incident could have been avoided had the company put basic measures in place to protect workers against falls from height. The firm was fined £12,000 and ordered to pay £3,712 in costs.

HSE Inspector Emma Rowlands said:
"You do not have to fall from a great height to either lose or ruin your life. Work at height remains one of the most significant causes of fatalities and major injuries among employees. Employers who put people at risk of serious injury or illness can expect to face enforcement action and for the worst offences criminal prosecution through the courts."

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Source: http://www.hse.gov.uk/press/2012/rnn-e-10212.htm?eban=rss-

Fair Work Australia dismissed a company's appeal over a worker's Facebook comments

Fair Work Australia (FWA) dismissed an appeal by a transport company, which tried to sack an employee for making derogatory comments about 2 of his managers on Facebook.

FWA found:
• Comments about the death of a Muslim terrorist were "distasteful", but within his right to free speech and could not be considered a personal attack on one of his managers, who is a practising Muslim.
• A comment referring to a manager as a "bacon hater" was in "poor taste".
• Sexual comments about a female manager were "outrageous", but most were made by his Facebook friends in response to his comment.
• The company did not have a social media policy and its induction training materials were inadequate grounds to sack the employee.
• The employee’s limited understanding of Facebook was relevant, but such claims of ignorance are likely to be viewed less favourably in the future as more people join social media websites.

The company launched an appeal but FWA upheld the original ruling.

The industrial umpire warned "Facebook conversations leave a permanent written record of statements and comments made by participants, which can be read at any time into the future until they are taken down by the page owner," the appeal panel said.

"Employees should therefore exercise considerable care in using social networking sites in making comments or conducting conversations about their managers and fellow employees."

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Source: http://au.finance.yahoo.com/news/linfox-loses-appeal-over-truckies-061015018.html

Monday, October 15, 2012

Manufacturing company prosecuted after worker's arm severed by conveyor

An animal feed manufacturer has been fined after a worker lost his arm when it became entangled in a conveyor. The 35-year-old was attempting to clear a blockage on a conveyor when his right arm became entangled and was severed just below the elbow.

The company had failed to provide a safe system of work for production staff to clear blockages on conveyors and there were no guards to prevent access to the unblocking hatch. The company was fined a total of £20,000 and £9,716 costs.

HSE Inspector Steven Gill, said: "This incident could have been prevented had there been appropriate guarding in place. This type of injury is not uncommon in the manufacturing industry."

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Source: http://www.hse.gov.uk/press/2012/rnn-e-99.htm?eban=rss-

Worker at a seafood plant found cooked to death in an industrial oven

A worker at a seafood plant in LA met a tragic end after he was found cooked to death in an industrial oven.

Officials at the Police Department said in a statement that they received a call "regarding an industrial accident" involving a worker at a Seafood plant. Police and local fire-department personnel responded, where they found a 62-year-old male employee dead at the scene. The employee had worked for the business for six years.

Occupational Safety and Health Administration spokeswoman Erika Monterroza told the Whittier Daily News that an initial investigation indicated the worker "was fatally injured when he was cooked in an oven" but it was unclear how he ended up inside the oven, resulting in this "horrendous tragedy”. Operations at the plant were suspended for a few days.

Source: http://seattletimes.com/html/nationworld/2019425880_cooked14.html

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Thursday, October 11, 2012

Building maintenance firm prosecuted after employee loses leg

A building maintenance firm has been sentenced after one of its employees lost a leg when he was run over by a cherry picker at a nuclear site.

An investigation found there had not been a safe system of work for the task, and relevant training had not been provided. The 62-year-old had been standing close to the front of the cherry picker when it ran over his left leg, which later had to be amputated.

The company was fined £65,000 and ordered to pay £8,162 in prosecution costs.

The investigating HSE inspector, Faye Wingfield, said:
"The worker has suffered a terrible injury that will affect him for the rest of his life due to failings of his employer. If the risk assessment decided someone was needed to escort the vehicle then a safe system of work needed to be devised. Employees should also have been given appropriate training."

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

Building company fined $60,000 after a worker was severely injured in a workplace fall

A building company has been fined $60,000 for an incident which left a worker a paraplegic after he fell from the rafters of a two-storey house.

The 27-year-old worker was injured while he was helping install new roof trusses. The roof and trusses were wet from earlier rain and, when he attempted to lift two trusses laminated together, he lost his grip and fell back into the stairwell void. There was no fall protection above the void.

The worker fell almost 4m to the landing below, breaking three vertebrae. He also suffered a punctured lung, broken ribs, a fractured wrist and a head wound.

WorkSafe’s General Manager for Health and Safety, Lisa Sturzenegger, said fall protection was among the most fundamental measures of construction industry safety.

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Source: http://www.worksafenews.com.au/news/item/268-second-company-fined-$60,000-after-fall-leaves-worker-in-wheelchair.html

Tuesday, October 9, 2012

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

Safe Work Australia has proposed a code of practice to fight workplace fatigue

Under proposed national laws to fight workplace fatigue, bosses will have to roster jobs around workers' social lives and check that staff who yawn or daydream aren't too tired to work safely.

Safe Work Australia’s checklist for employers to spot worker fatigue includes headaches, daydreaming, constant yawning, low motivation, moodiness, slow reflexes and responses, increased errors and drifting in and out of traffic lanes while driving.

The draft code proposes that:
• Bosses "eliminate or reduce the need to work extended hours or overtime" so staff don't get too tired.
• "Safety critical" tasks - such as administering drugs, driving a truck or electrical work - should not be performed in the "low body clock period" of 2pm to 4pm.
• Rosters should be drawn up to accommodate workers' social lives.
• Employers should train workers in "balancing work and personal lifestyle demands".

The code of practice - to be finalised next year - will be admissible in court if an employer is charged with breaching workplace health and safety laws.

Safe Work Australia is revising the code. "Changes aim to reflect recent research findings and outcomes of case law," a spokeswoman said.

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Source: http://www.heraldsun.com.au/news/national/safe-work-australia-plan-to-cut-risk-for-tired-workers-puts-employers-offside/story-fndo471r-1226489795262

Thursday, October 4, 2012

Company fined by the Occupational Safety and Health Administration for safety violations

The OSHA has cited a company with 28 serious safety violations for exposing workers to "struck-by," fall, amputation and shock hazards while they were manufacturing airport passenger boarding bridges. Proposed penalties total $172,000.

The violations involve failing to regularly inspect overhead cranes, hooks and slings; rate or inspect devices used for lifting; provide machine guarding for a press brake and belt sander; ensure that exits are not blocked and are properly marked; provide fall protection such as harnesses and guardrails; train workers on lockout/tagout procedures for the control of energy sources; and provide strain relief for flexible electrical cords.

"This company exposed workers to serious safety hazards that could cause amputations or electrocutions," said Jack Rector, OSHA's area director in Fort Worth. "OSHA will not tolerate an employer's disregard for workplace safety."

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Source: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23085

National fruit supplier sentenced after neglecting worker safety

A national fruit and vegetable wholesaler has been sentenced for safety failings after a worker lost the tip of her finger at a processing plant.

The 46 year-old worker was using a vegetable slicing machine when it became blocked. She pressed a stop button and opened a side panel to gain access to a conveyor that took vegetables to the cutting head. As she reached in to clear the blockage, the still-rotating cutting blade caught her right index finger and sliced off the tip to the base of her nail.

After the hearing, HSE inspector Jane Wolfenden said: "The company's failure to put an effective system in place to ensure machines had suitable protection devices and to give the workforce sufficient training put their workers at unnecessary risk. It was almost inevitable that injury would result. I hope that this prosecution results in the firm taking their responsibilities far more seriously in the future."

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Source: http://www.hse.gov.uk/press/2012/rnn-ldn-17912.htm

Truck company fined over worker's life-changing injuries

A firm has been prosecuted after one of its employees suffered life-changing injuries when he fell from a stepladder while spray-painting a lorry.

The Health and Safety Executive investigation found that the same employee had fallen off a stepladder just one month before the incident, but no action had been taken to improve safety at the site.

The worker had been painting the lorry when one of the feet on the stepladder slipped down a grill in the concrete floor. He fell approximately two metres and shattered his left shoulder and collar bone, broke several ribs and received a deep cut to his head.

HSE Inspector Kim Tichias said: "The dangers of carrying out work at height are well known and the company should have provided secure working platforms rather than giving employees lightweight stepladders. If the firm had planned the work properly and made changes following the previous incident, then the worker's injuries could have been avoided."

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Source: http://www.hse.gov.uk/press/2012/rnn-e-98.htm

Monday, October 1, 2012

130 workplace deaths in Australia so far in 2012

As of 24 September, 130 Australian workers have died at work. During the same period last year, 120 deaths had occurred. Safe Work Australia records cases of work fatality and injury, updates statistics and prepares several reports.

Worker deaths by industry as of September 24, 2012:
Transport, postal and warehousing (42)
Agriculture, forestry and fishing (27)
Construction (19)
Manufacturing (9)
Administrative and support services (6)
Arts and recreation services (4)
Mining (4)
Public administration and safety (3)
Electricity, gas, water and waste services (2)
Wholesale trade (2)
Retail trade (2)
Education and training (2)
Other services (2)
Health care and social assistance (1)
Financial and insurance services (1)
Professional, scientific and technical services (1)
Industry unknown (3)

The data is only an initial estimate for the number of people killed. More information can be found at the Safe Work Australia website.

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Source: http://www.safetyculture.com.au/news/index.php

Recycling company sentenced over worker's death

A recycling company has been ordered to pay £240,000 in fines and costs after a worker was killed at a factory.

The 31-year-old worker was last seen alive by his colleagues in the early hours of the morning on 24 November 2005. The HSE investigation concluded that the most likely cause of his death was that he fell into a machine while checking to see if it was running smoothly.

The company failed to take steps to prevent access to the machine while it was operating, and failed to ensure power to the machine was cut before maintenance work was carried out. The company also had an inadequate risk assessment in place and its training, supervision and monitoring of the work did not meet acceptable standards.

Speaking after the hearing, HSE Principal Inspector Tanya Stewart said:
"This was a tragic death that could have been prevented if the company had put more thought into the safety of its employees and the adequacy of its working practices. I hope this case will act as a warning to companies to think more carefully about the safety of workers who clean, maintain or repair machines or who clear blockages."

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Source: http://www.hse.gov.uk/press/2012/rnn-nw-jfcplastics.htm

2012 WorkSafe Awards Finalists Announced

Finalists for the 24th annual WorkSafe Victoria Awards have been announced following a record number of entries in 2012.

The awards attracted 286 entries from across Victoria, with 35 finalists from a range of industries and workplaces chosen across nine categories, representing safety, health and wellbeing and return to work.

WorkSafe Acting Chief Executive Ian Forsyth said that the strong interest in the awards demonstrated the value Victorian employers and workers place on making workplaces safe and supporting people who are injured at work. “Through their efforts, [the finalists] are not only improving the health and safety of their colleagues, but helping make Victoria a safer state in which to work."

"Victoria has Australia’s safest workplaces, recording a record low injury rate for 2011/12, and its employers pay the lowest premiums for workplace injury insurance; however this will only continue if high safety standards are maintained.”

Winners will be announced at an awards presentation on 1 November, during Work Safe Week.

For more information about the WorkSafe Awards, to view the finalists’ and their entries or to register to attend the free awards presentation, visit www.worksafeawards.com.au

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Source: http://www.worksafenews.com.au/component/k2/item/258-worksafe-awards-finalists-announced.html