WHS regulator must remove offender's details where no conviction recorded

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A recent decision in the Queensland Supreme Court found that it was unlawful for the health and safety regulator to publish a party's details if the court decides not to record a conviction.

Until this case, Workplace Health and Safety Queensland published details on its website of individuals and corporations who were convicted, irrespective of whether a conviction was recorded in court.

Parties whose details appear on the Queensland health and safety regulator's website can now require them to remove their details where no conviction was recorded. This avoids the party being identified in relation to the conviction via search engines like Google.

Source: Supreme Court of Queensland Library

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Two companies fined $160,000 after worker's arm trapped in machine

Two companies pleaded guilty to failing to provide a safe workplace after a worker's arm became trapped in a conveyor at a factory.

The incident

An employee, who was sent to monitor the conveyor, was injured while using a shovel to clean a build up of fertiliser. The worker's arm and shoulder were pulled into the conveyor after his shovel was caught in the machine. He was trapped for several minutes, and suffered permanent injuries.

A WorkSafe investigation uncovered that workers frequently used shovels, hammers and crowbars to chip fertiliser off the conveyors, but this should have occurred during production breaks when the conveyors were switched off.

The consequences for the companies

One company was fined $70,000 as it did not have a clear idea of the work its employees were doing at the factory and did not ensure that the company that ran the factory provided adequate training. The other company was fined $90,000 as it failed to adequately train and oversee its workers, and operated a 'buddy system' where the 'buddies' were not providing safe and correct information.

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Source: Safe To Work

Classification and Labelling of Workplace Chemicals

Safe Work Australia is hosting a series of training & information sessions to increase understanding of the hazard classification, safety data sheet & labelling requirements for workplace chemicals in the model Work Health and Safety regulations, which incorporates the Globally Harmonized System of Classification & Labelling of Chemicals.

For more information, including locations, dates and times, visit Safe Work Australia's GHS Training page.

Hazardous Chemicals - GHS Classification and Communication

“Hazardous Chemicals – GHS Classification & Communication” is a training resource that provides an in-depth review of the hazard communication standards that play a vital role in minimising the risk of harm from chemicals at work. It is consistent with the GHS and the Australian Work Health and Safety Regulations and Codes of Practice.

Topics covered:
• Hazard Classification
• Hazard Communication
• GHS Pictograms
• Labels
• Safety data sheets

For more information, or to preview this training resource, click: Hazardous Chemicals - GHS Classification and Communication

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Source: Safe Work Australia

Social media can make people more productive and flexible workers

A recent study by Warwick Business School found that social media is helping people become more productive and flexible workers.

The study found that employees with unfettered access to social media were able to collaborate with colleagues to accomplish tasks more efficiently. Social media tools like Twitter, Facebook, LinkedIn, Skype and Google+ also allowed workers to answer more customer queries, and more quickly.

Aside from these productivity gains, social media also helps ensure companies are digitally savvy enough to attract younger employees. This research suggests that rather than seeing social media as something negative that distracts workers, employers can benefit from embracing it as part of the changing workplace environment.

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Source: Bloomberg Business Week

International Workers' Memorial Day

April 28 was Workers’ Memorial Day, an international day of remembrance for workers who have lost their lives in workplace accidents.

On average, 300 Australians die at work each year. So far in 2013, 46 people have died on the job, according to Safe Work Australia.

A national memorial has been unveiled in Canberra, with eight stone poles representing the states and territories, and concrete ripples to symbolise the ripple effect a workplace death has on family, friends and colleagues.

"The National Workers Memorial is a place of reflection and acts as a reminder of the importance of staying safe at work," Workplace Relations Minister Bill Shorten said.

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Source: The Canberra Times

Crane overturns in workplace accident

In a recent workplace accident, a poorly maintained crane overturned during a lifting operation, causing serious damage to a car.

The incident

The incident occurred when the crane was being used to lift a yacht and the controls locked up during the de-rigging phase. Though the driver successfully freed the controls, the 35-tonne crane overbalanced and fell because the jib was still extended.

An investigation discovered that the crane was overdue for its annual examination and testing, and the controls were prone to locking up. The company also failed to provide a suitable lifting plan, which is an essential safety requirement.

The company pled guilty and was ordered to pay a total of £8,000 in fines and costs.

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Source: Isle of Wight Radio

New findings on workplace health and productivity

70% of workers do not engage in enough physical activity, according to findings from Victoria’s WorkHealth checks. This is concerning for businesses, because poor employee health and wellbeing can lead to a significant drop in worker productivity.

New research by VicHealth also shows that prolonged sitting at work is just as bad for worker’s health as not doing enough exercise. While office workers are typically thought of as having the most sedentary jobs, many blue collar workers also sit for up to 12 hours a day, such as transport and machinery workers.

Warren Faneco, Exercise Physiologist at Ballarat Community Health, gives the following tips to workers in sedentary jobs:
• Regular movement is key, no matter what job you have.
• Whenever you have the chance, stand up, even if just for a moment.
• Try to walk, move around or stretch during your break.
• Even while sitting at work, try to keep moving, for example by moving your ankles in circles.
• Try to do at least 30 minutes of exercise on as many days as possible.
• Use every opportunity for incidental activity, for example, take the stairs instead of the lift.

Worker health can also have a huge influence on business performance and the overall economy. Medibank estimates that in 2009-2010, presenteeism cost the Australian economy $34.1 billion. Presenteeism is lost productivity from workers who are performing at sub optimal levels because of poor health and illness.

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Sources: Vecci, WorkSafe Victoria and Medibank

Young workers have a much higher workplace injury rate than over 25s

A recent report has revealed that around 20% of workplace accidents are incurred by workers aged 25 and under. The report was compiled by Safe Work Australia and is titled Work-related injuries experienced by young workers 2009-2010.

Key findings on work health and safety

• The injury rate of young workers was 18% higher than for workers aged 26 and over. The rate of work-related injuries per 1000 workers is around 66.1 for young people, compared to 56.2 for workers aged 26 and over.
• The difference in work-related injury rates is highest in the manufacturing, accommodation and food services, health care and social assistance and construction industries
• Nearly 2/3 injured young workers did not apply for workers’ compensation after their work-related injury
• 2/3 traumatic injury fatalities to young workers involved a vehicle

Work health and safety regulators are finding practical ways to raise young people’s awareness of workplace hazards, and are working to improve work health and safety for young people and support employers to reduce these statistics.

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Source: Safe Work Australia media releases
The report can be accesed at www.safeworkaustralia.gov.au

Worker electrocuted in fatal accident received little training

An ongoing inquest has heard that a 16-year-old insulation worker, who was electrocuted in late 2009, had received little training and was not wearing safety gear at the time of the accident.

The workplace accident

The teenager was working to install insulation as part of the Government’s ‘pink batts’ plan, when the metal pole he was using came into contact with a screw that had pierced an electric cable. The court heard that:
• He had only been working for the company for three weeks before the accident.
• He had received minimal training and was not aware of the dangers involved in the insulation work.
• He was not wearing any safety gear when he died. He was wearing a t-shirt, shorts and sandals.

The consequences for the company

The company faced court in 2010, and was fined $110,000 for an electrical safety breach, $25,000 for workplace health and safety breaches and paid legal fees of $14,500. In addition, the ongoing inquest is investigating the deaths of this young worker and two others who were involved in the home insulation scheme.

Electrical Safety

Each year, around 1000 electrical accidents at work are reported and about 25 people die of their injuries. Research shows that most electrical accidents can be predicted and prevented if comprehensive safety procedures are followed. This includes training, safe work protocols and supervision.

Personal Protective Equipment

Research suggests that failure to wear PPE, use PPE properly and use compatible PPE results in workplace accidents and deaths that cost businesses and the community millions each year. PPE users require training on the correct use and maintenance of PPE including:
• How to fit, wear and remove PPE correctly
• How to inspect and, if necessary, test equipment before using it
• How to recognise the appropriate PPE

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Source: http://www.safetowork.com.au/news/inquest-told-electrocuted-insulation-work-received

Engineering company fined after an employee's foot was crushed by a machine

An engineering company was ordered to pay over £11,000 after an employee’s foot was crushed by a poorly-guarded machine.

The incident

The employee was operating a machine when his foot was crushed and trapped by the machine’s ram. He had to be freed by colleagues who were able to support him and release his foot. He had to have his right foot amputated, following the incident, and he also sustained fractures to his remaining toes and cut his head.

The Health and Safety Executive investigation

A Health and Safety Executive investigation revealed that if the machine had been better guarded, the incident would not have happened.

HSE inspector Alec Ryan said:
"This incident was wholly preventable and could have been avoided had the company carried out a suitable and sufficient risk assessment and taken the necessary measures to make the machine safe.

"The machine in question was very powerful and it is wrong that a worker was put at unnecessary risk because safety devices weren't working.

"Incidents of this kind are all too common and it is vital employers prevent access or exposure to dangerous moving parts at all times."

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Source: http://www.hse.gov.uk/press/2013/rnn-se-05713.htm

Manufacturing company facing $369,000 in fines for 26 health and safety violations

A manufacturing company is facing up to $369,000 in fines after being cited by the Occupational Safety and Health Administration with 26 health and safety violations. Workers at the company’s facility were exposed to machine guarding, lead and electrical hazards.

The health and safety violations

The violations include failing to:
- Train workers to recognize electrical hazards
- Identify fire extinguishers
- Provide machine guarding
- Store respirators correctly
- Provide appropriate PPE and require its use.

Nick Walters, OSHA's regional director in Chicago, said: "When an employer is cited for repeat violations, it shows a lack of commitment to protecting the safety and health of workers. OSHA will not tolerate such negligence."

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Source: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23724

Noise and Hearing Loss Prevention - New release training programme

The most up-to-date training resource on Hazardous Noise in the Workplace has just been released… “Noise and Hearing Loss Prevention”.

Noise in the workplace accounts for the vast majority of noise induced hearing loss in the community.

Hearing loss usually occurs gradually, over years, and it’s mostly painless, so by the time the damage is done, it is too late. While there is no cure for hearing loss, it can be prevented by proactively managing exposure to hazardous noise levels.


Topics covered:
- Understanding How Sound Works
- Hearing Loss and Health Effects
- Hazardous Noise
- Hazard Identification and Risk Assessment
- Reducing Noise
- Personal Hearing Protection
- Proper Use of PPE
- Audiometric Testing

The Australian Version

Based on the harmonised Work Health and Safety Regulations and Codes of Practice, this training resource is suitable for personnel at all levels and reinforces the fundamental concepts that underpin all successful noise management programmes.

The UK Version

Based on The Control of Noise at Work Regulations 2006, this training resource is suitable for personnel at all levels and reinforces the fundamental concepts that underpin all successful noise management programmes.

Click here for more information or to preview 'Noise and Hearing Loss Prevention'.
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Worker suffers serious injuries after being dragged into an unguarded machine

A manufacturer was ordered to pay over £40,000 for safety failings, after a worker was dragged into an unguarded machine.

The workplace accident

The worker had been working a nightshift at the company’s factory, when a conveyor belt became jammed. Maintenance workers removed the machine’s guards, as they were unable to fix the fault and this allowed the machine to continue operating. While trying to stop the belt rubbing, the injured worker was pulled into the machine and had to be cut free, suffering a broken arm.

As Health and Safety Executive Inspector Emily Osborne pointed out, the employee’s injuries could have been far worse and the company should not have allowed workers to be put at risk like this.

Manufacturing safety

While only 10% of British employees work in the manufacturing sector, the industry accounts for 25% of all workplace deaths. On average, 31 manufacturing workers die in workplace accidents each year, 4500 workers report major injuries and around 19,500 report less serious injuries.

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Source: http://www.hse.gov.uk/press/2013/rnn-nw-polyflor.htm

Employee pinned to the ground in workplace safety accident

A female worker was injured in a workplace accident when a lifting device fell from the back of a truck and onto her.

The incident 


The incident occurred when a driver was transporting goods to a customer’s premises. An employee of the customer was using a lifting device under the driver’s instructions, when an object began to roll backwards off the truck and pinned the employee to the ground. The employee suffered serious injuries including broken ribs, a fractured skull and spinal injuries.

The court heard that the driver had not received training in the use of the lifting device. The company was fined $60,000 and ordered to pay costs of $7673. Worksafe WA Commissioner Lex McCulloch said that this case should remind companies how important it is to train employees on safe machine operation.

Vocam Health and Safety Training 


Effective training will contribute towards making your employees competent in health and safety, can help your business avoid the distress that accidents and ill health cause and can help you avoid the financial costs of accidents and occupational ill health.
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Source: Safe to Work

Unsafe excavation work at construction site leads to fine

A construction company has been ordered to pay over £16,000 for unsafe excavation work at a construction site.

The facts

The excavation, made to connect a home to a sewer, went down three metres deep into totally unsupported soft clay. The company had failed to adequately plan the excavation and workers were put in danger by unsupported sidewalls that could have collapsed. A witness notified HSE and explained that they had seen someone climbing from the excavation, as well as tools and equipment at the bottom. Although the excavation did not collapse and there were no injuries, workers could have been killed if the clay sidewalls gave way.

Excavation safety

Every year, workers are seriously injured or killed while working in excavations. The risks in excavation work include:
- Being buried in a collapsed excavation
- Material falling into the excavation
- People or plant falling into the excavation

An employer's legal responsibilities

An employer must prevent danger to workers in or near excavations. A competent person should inspect all excavation supports at the commencement of the work shift and at other times. Work should not start until the excavation is safe.

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Source: The Health and Safety Executive

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

Manufacturing company cited for workplace safety hazards

A manufacturer of roof insulation panels is facing $123,000 in fines, following an Occupational Safety and Health Administration inspection at the firm’s production plant.

The company was cited for various hazards, which included deficiencies in the plant's emergency response, confined space and hazardous energy control programs, lack of personal protective equipment, and fall and respirator hazards.

The plant’s process safety management program also had deficiencies, such as missing process safety information and failing to develop and implement safe work practices.

Robert Kulick, OSHA's regional administrator in New York said:
"One method of enhancing workers' safety is for an employer to develop and maintain an effective illness and injury prevention program in which management and employees work together to identify and prevent hazardous conditions."

Source: The Occupational Safety and Health Administration

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Worker receives compensation for mental health problems following workplace death of colleague

A cold storage company was ordered to pay over $325,000 in compensation to a worker who suffered post-traumatic stress disorder and depression after the death of a colleague.

The fatal accident occurred when the worker was driving a loaded forklift at a factory and a co-worker walked in front of it, and pallets loaded on the forklift fell on him.

WorkSafe argued in the County Court that the company’s negligence was to blame for the incident. An investigation found that the company did not have an adequate traffic management system at the time.

The company was ordered to pay $326,047 for medical expenses, past losses and another year of future loss, including superannuation.

Source: Hobsons Bay Weekly

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Workplace safety breaches by manufacturing company led to workplace death

A textile manufacturer was ordered to pay over £115,000 for workplace safety breaches that led to the death of a worker.

The deceased, a 61-year-old forklift truck operator, was crushed and killed by a falling stack of rag bales. The workplace accident occurred at the firm’s warehouse, when the top two bales, which weighed more than 300kg, struck the worker on the head.

An investigation by the Health and Safety Executive found that the manufacturing company had stacked the rag bales unsafely and had failed to put effective measures in place to control the pedestrian activities around the warehouse.

Health and Safety Exectuive inspector Geoff Fletcher said:
"This tragic incident could have been avoided had [the company] taken its duty of care toward its employees sufficiently seriously. The sad consequence of the company's failures is an unnecessary loss of life and the devastating impact this has had on [the worker’s] partner, family and friends.”

Source: http://www.hse.gov.uk/press/2013/rnn-yh-3713.htm

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Workplace death at factory after machine falls from forklift

A metal manufacturer has been sentenced after an employee was killed when a machine weighing half-a-tonne fell from a forklift truck.

The 25-year-old was walking alongside the forklift when the machine fell and struck him on the head. The company had been moving machines into a bigger workshop at the factory. During one move, a machine became unstable and fell, resulting in the worker’s death.

The company had only recently taken over the factory and a health and safety audit had not been carried out. The company had not planned the work in advance so that the machine could be moved safely.

The firm, which went into administration in 2011, was found guilty because it failed to ensure the safety of its employees. The company received a nominal fine of £1.

Source: The Health and Safety Executive

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