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
Thursday, October 18, 2012
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-
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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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
Visit Vocam's website for information on safety & HR training videos & e-learning courses.
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-
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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Risk Management Safety Essentials – E-Learning
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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
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
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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Workplace Bullying and Harassment
Maintaining a Harassment Free Office: Managers
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Workplace Bullying and Harassment – E-Learning
Maintaining a Harassment Free Office: Managers – E-Learning
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Social Media, Email and Online Etiquette – E-Learning
Available as part of TrainNOW. For more information, contact us or visit our website.
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
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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Driver Fatigue Management
Shiftwork Safety Essentials
Leadership: Being Proactive in Safety
Drug and Alcohol Awareness
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Driver Fatigue Management – E-learning
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Leadership: Being Proactive in Safety – E-learning
Drug and Alcohol Awareness - E-learning
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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
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