Headlines
WA Local
5th Annual WorkSafe Forum
Employment Protection Minister John Bowler welcomed over 600 delegates to the 5th WorkSafe Forum at the Perth Convention Centre on Wednesday October 25.
There was a local feel to the event with all of the speakers coming from WA, they included Commission Chair Tony Cooke, DOCEP Labour Relations Advisor Kristin Berger and local funny-man Andrew Horabin.
The recently released Code of Practice on Violence, Aggression and Bullying at Work was discussed in detail.
The Code includes a number of submissions made by Safety First on behalf of aged care workers, such as the need for client initiated violence to be reported and recorded on a 6.1 Incident Report Form.
Huge Payout for Construction Worker
A Perth construction worker was awarded $680 639 resulting from a back injury that caused him to lose his job.
Saso Markov, 42, was involved in a serious car accident and when her returned to work, on the advice of his doctor, the pain became unbearable.
District Court Judge Michael O'Sullivan awarded Mr Markov $210 248 for loss of work, $213 510 for estimated future economic losses, $39 149 for loss of superannuation and an additional $84 250 for physical, psychiatric injuries, medical expenses and additional costs.
Horrific Accident Highlights Need For Machine Guarding
A Bassendean timber company has been fined $25 000 after a worker was seriously hurt by an unguarded conveyer.
The worker, hired through a labour hire company had his hand and arm burnt when it was trapped in a conveyor belt.
The horrific accident was caused primarily because there was no guarding on that part of the conveyor and the man screamed for help for help for 10 minutes before a worker from a factory next door heard his cries and helped the man.
WorkSafe WA Commissioner Nina Lyhne said that, "guarding is one of the easiest and most obvious means of minimising the risk on injury to machine operators."
Unions Call for Jail Terms
UnionsWA State Secretary Dave Robinson used a meeting with Employment Protection Minister John Bowler to demand laws that would punish employers whose action or inaction caused the death of an employee.
Similar laws are in place in the ACT and could see the jailing of bosses in the public and private sector for the new crime of industrial manslaughter.
The push was sparked by a case in which $200 000 in fines were handed down to BHP Billiton after an apprentice died with burns to 95 per cent of his body, following a gas blast.
"They pleaded guilty to having an unsafe environment," said Mr Robinson, "they acknowledged they were at fault."
Restaurant Inspections
We like to know that restaurants are regularly checked for health standards, but WorkSafe is extending that to occupational safety and health as well.
An inspection campaign was launched in September to raise awareness of OSH issues and to provide information to employers about their obligations.
Restaurants generally have a high level of casual staff and a high staff turnover so there are fears that injuries are going unreported.
Shortly after the program was announced Federal Workplace Relations Minister Kevin Andrews launched a publication for the industry to demonstrate how flexible work arrangements can be individually tailored to mee the needs of the business and its employees.
"Many restaurant and catering business owners know that employees can simploy walk out the door if they are not happy with their working environment," said Mr Andrews.
Fall in Cost of Workers' Comp
More than 200 categories of industry WA saw the cost of workers' compensation insurance dropped by 10% from June 30.
The drop affected small-business categories such as milk vendors, cleaning services, take-away food retailers, pubs, bars and taverns.
National
Unfair Dismissal Protection in NSW
The New South Wales Government has introduced legislation to ensure workers can't be dismissed for raising issues, reporting hazards or making complaints relating to OSH.
The changes to the Occupational Health and Safety Act 2000 will make it an offence for an employer to dismiss or victimise an employee for complaining about a workplace matter that may pose a risk to health or safety.
The employer will have 21 days after dismissal to apply to the Industrial Court of NSW for reinstatement or a union may make an application on behalf of the employee.
Safe Work Australia Week
October 22 - 28 was the national Safe Work Australia Week.
Federal Workplace Relations Minister Kevin Andrews launched it in Melbourne and took the opportunity to highlight moves taken by the government to bring state and territory OSH and workers' compensation laws into line.
"The cost of compliance of eight different state and territory legislation is a major factor for multi state employers and it is time and money that would be better spent on continuously improving safety outcomes," Mr Andrews said.
Contractor Bill Misses the Mark
An Industrial Relations specialist has attacked the Federal Government's independent contractor Bill, saying it does nothing to clarify the definition of contractors.
Joe Catanzariti, partner at Clayton Utz, said that the bill introduced into Parliament in June did not address the definition of a contractor, which is the most litigated area of the law.
"This means the most litigated area in relation to independent contractors - namely, whether or not a worker is an independent contractor or an employee - has been left untouched," Mr Catanzariti said.
The Lighter Side
Workplace Winners Actually Losers
Immediately after the introduction of the controversial WorkChoices legislation, the trade union movement went in search of examples of employers abusing the new regime.
To counter these examples the Workplace Relations Minister Kevin Andrews presented the case for the defence, a film of three 'case studies' illustrating how the new workplace relations system represents a 'win-win' for employers and workers.
Adelaide-based Austral Tree and Stump Services was one of the featured small businesses and was lauded for providing flexible work conditions and a "safe, happy and positive work environment."
The after winning an award sponsored by the government the company was fined $14 000 in the Industrial Relations Court after pleading guilty to a charge that it failed to provide a safe workplace.
The conviction resulted from an accident in which and employee fell from a cherry picker, breaking both wrists and sustaining facial injuries.
Unions seized on the mistake, ACTU Secretary Greg Combet said, "Minister Andrews must have worked pretty hard to find these examples of good AWA individual contracts."
Microwave Cools Down
The high-stakes battle over microwave safety seems to have cooled down.
Microwave Safe Australia had been releasing dodgy safety bulletins recommending that businesses have the microwave ovens in their workplace kitchens tested for radiation leaks.
The microwave testers weren't to pleased when WorkSafe went to media saying that the bulletins should be ignored and even threatened legal action for 'damaging their business'.
However it seems things may have cooled off between the two parties as WorkSafe reports that they haven't heard anything further.
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