05:14 pm, Friday 29 February, 2008

Source: SafeWork SA

A Whyalla engineering company has been fined $32,000 plus costs over an incident in June 2005, that left a 34 year old man with multiple serious injuries after he was run over by a mobile crane.

Multi-Skilled Engineering Pty Ltd received the penalty today after pleading guilty to one count of breaching Section 19 of the Occupational Health Safety and Welfare Act 1986 in failing to ensure the safety of an employee.

SafeWork SA prosecuted the firm after investigating how the man was struck during an operation to shift an eight metre long steel beam. In that procedure, the worker was engaged in ‘dogging’ or attempting to guide the load.

The court was told that after the driver lost sight of the man, he was knocked to the ground where the crane’s right wheel ran over the worker’s left leg, and torso before another colleague saw the incident and alerted the driver to stop.

As a result, the worker suffered multiple fractures and internal injuries, described by Industrial Magistrate Stephen Lieschke as serious and life threatening. Despite enduring considerable pain and stress with the likelihood of more surgery ahead, the injured worker has recovered sufficiently to return to his old job.

SafeWork SA’s investigation revealed a number of shortcomings:
• Inadequate hazard identification and risk assessment
• Failure to ensure the driver kept a proper lookout
• Inadequate communications for the task performed
• Lack of high visibility clothing
• No formal qualifications held by the injured worker to perform ‘dogging’.

Magistrate Lieschke said the ultimate cause of this incident was the failure of the employer to devise and implement a safe system of work:

“These failings when applied to hazardous work, contributed to extremely
serious injuries with long term consequences to (the worker), and gave rise
to a real prospect of death.

While the company took action to improve its workplace safety systems after the event, SafeWork SA Executive Director, Michele Patterson says it’s another obvious and tragic example of the consequences of not factoring safety into the core business of work.

OHS NEWS TIP – Crane Safe Work Method Statement

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05:37 pm, Wednesday 27 February, 2008

Source: Gold Coast Daily

ONE third of employees believe their work equipment is hazardous but more than a quarter would compromise their health for danger money, a new survey shows.

The survey, conducted by network company LinkMe.com.au, also found that 40 per cent of people felt their employer did not care about their health and safety concerns.

The survey of about 1500 people found more than a quarter would compromise their wellbeing at work in return for more money.

Eighteen per cent of those respondents would accept $10,000 as the minimum pay rise to compromise their health and safety, 17 per cent would accept $5000, 9 per cent would accept $3000 and 15 per cent would accept just $1000.

“The fact that Australian workers are so desperate for money that they would compromise their own health and safety for a mere $1000 reflects a cavalier or even desperate part of Australian working life,” LinkMe.com.au CEO Campbell Sallabank said.

With more than 30,000 claims for workplace compensation in 2007, the lack of Occupational Health and Safety concerns is a multi-billion dollar cost to Australian businesses every year, he said.

“A formal process for rectifying OH&S issues is essential in the modern workplace.

“Implementing a committee responsible for ensuring that concerns are dealt with swiftly and effectively is one tactic companies can adopt to deal with the issue.”

Forty-two per cent of people surveyed continue to use unsafe equipment because they felt they had no other choice, while 31 per cent said the nature of their work was always going to be detrimental to their health.

Twenty-eight per cent believed nothing would change even if they made a complaint and 16 per cent were concerned that complaining might threaten their job security.

Mr Sallabank said it was not enough to protect just employees from OH&S issues.

“According to the Federal Government, every business has a responsibility to ensure that its workplace doesn’t create health and safety problems for customers and the general public.

“The cost of creating a safe work environment is strongly outweighed by the potential expensive cost of compensation claims, not to mention the moral reputation of the company.”

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12:00 am, Wednesday 27 February, 2008

Source: The Courier Mail

A NOW-defunct Brisbane scuba diving company and its former owner have been hit with a $15,000 fine and a good behaviour bond following the death of a diver in 2005.

Former company director of Pro Dive Bulimba, Mark Stanley Thomas, pleaded guilty in the Brisbane Industrial Magistrate’s Court to having failed as executive officer to ensure the company complied with the Workplace Health and Safety Act.

A 45-year-old Brisbane man died on March 28, 2005 after a dive with the company near Flinders Reef off Moreton Island. Police said initial investigations at the time revealed he died of respiratory heart failure.

Billionaires in Business Pty Ltd, trading as the now-closed Pro Dive Bulimba, pleaded guilty to having “failed to ensure a safe system of work for diving during a student training course conducted under the PADI diver certification system”.

A Workplace Health and Safety spokesman said the dive company admitted to failing to develop a regular inspection program to test and certify the accuracy of depth gauges used in dive training and failing to inspect depth gauges for accuracy.

It also admitted to failing to accurately record depths shown on dive computers and the oxygen content of gas used by a diver, on a dive safety log and gas cylinder, and failing to conduct adequate gas analysis to verify the oxygen content of gases used for diving by the diver.

The spokesman said the court was told there was no evidence these failures caused any injury but the risk of death or injury to divers and dive instructors from the failures was extremely high. Mr Thomas was ordered to enter into a good behaviour bond for 12 months with a recognisance of $8000. The dive company was also ordered to pay investigation costs of $5000, legal costs of $6000 and $130.80 in court costs.

No conviction was recorded against either party.

Mr Thomas stopped running the deep-diving course and sold the business in November 2005. The current owner later closed the Bulimba shop and was not involved with the 2005 incident.

There have been seven prosecutions for dive or snorkeling-related incidents since January last year.

“The Queensland Government has been particularly proactive in the prevention of serious diving and snorkeling incidents,” said Workplace Health and Safety Queensland acting executive director Simon Blackwood.

“This prosecution is a strong reminder to the dive industry that they must pay attention to the basics and ensure equipment and systems are regularly tested and dive safety logs are recorded accurately.”

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12:00 am, Tuesday 26 February, 2008

Source: ABC News

WorkSafe is satisfied with the efforts the Hepburn Shire have made to address bullying and harassment.

Last year the authority investigated the claims that a former employee was bullied and harassed.

While the allegations were not substantiated, WorkSafe asked the shire to improve its policy and procedures.

WorkSafe’s spokesman Michael Birt says the safety improvement notice that was issued to the shire has now been lifted.

“Workplace health and safety is an important issue in any workplace,” he said.

“It’s one thing to have policies to ensure things are done safely, but of course what we really want is for people to use those policies, build them into their culture and make it a part of a working life, not just dust it off when there’s an emergency or some sort of crisis has hit.”

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08:22 pm, Friday 22 February, 2008

Source: The Herald Sun

MORE than 230 compensation cases for workplace-related deaths are being settled in Australia each year, according to the latest figures.

Victoria had 41 cases in 2005-06, says the OHS Comparative Performance Monitoring Report.

This comprised 36 cases involving injury and musculoskeletal disorders and five disease-related.

The total number of Victorian cases fell from 65 in 2001-02, the report said.

The national total fell from 316 to 231 over the four-year period.

The report revealed:

MORE than 114,000 workplace inspections were done nationally in 2005-06.

AT least 900 prosecutions were started and about $23 million in fines were handed out by courts.

COMPENSATION schemes spent more than $5.7 billion, with about half paid directly to injured workers.

Releasing the report, Workplace Relations Minister Julia Gillard said the results were positive.

“However, more needs to be done under the national OHS strategy to ensure safer workplaces in Australia,” she said.

The report was prepared for the Workplace Relations Ministers’ Council.

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12:42 pm, Thursday 21 February, 2008

Source: The Age

Authorities are investigating claims that an official of the Construction, Forestry, Mining and Energy Union dumped highly dangerous asbestos on a table in front of two managers at a construction site.

The incident was said to have occurred at the Sunshine North site of builders JA Dodd on February 6. JA Dodd management refused to comment yesterday but authorities confirmed they were investigating. A WorkSafe spokesman said: “WorkSafe is aware of a complaint similar to the circumstances described. Inquiries are under way.”

Building industry watchdog the Australian Building Construction Commissioner also confirmed the investigation but would not comment further.

It is believed the probe will look at claims that CFMEU organiser Shaun Reardon dumped asbestos on a table in front of a JA Dodd foreman and another manager at the Australian Technical College building site in Sunshine North. He had taken the asbestos from a quarantined area on the site, it is claimed.

Mr Reardon described the claims as “completely fabricated” and said they were an attempt by JA Dodd to deflect attention from a poor record on asbestos.

He said asbestos had been “blowing across the job”, with workers and locals at risk.

He had wrapped in plastic three or four pieces of asbestos “no bigger than the palm of your hand” and placed the parcel on the desk to draw attention to the issue, he said.

OHS NEWS TIP – Asbestos Safe Work Method Statement

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10:35 am, Thursday 21 February, 2008

Source: WA News

An Italian migrant who worked for 17 years as a mechanic for Ford has been awarded $840,000 after contracting asbestosis while servicing car brakes, in a landmark ruling that could pave the way for a new wave of asbestos compensation cases.

Antonino Lo Presti, 58, was employed in the workshop of two WA Ford dealerships from 1970 to 1987 before being diagnosed with the deadly disease in July 2001. He also worked as a mechanic in a service station from 1988 to 1994.

Justice Andrew Beech found yesterday that Mr Lo Presti would not have contracted asbestosis if the Ford Motor Company of Australia had warned him of the dangers of exposure to asbestos and implemented safety measures.

The Supreme Court decision, believed to be the first of its kind in Australia, could lead other mechanics to bring claims against car dealerships, garages and service centres, according to Mr Lo Presti’s lawyer, Michael Magazanik.

After hearing the decision yesterday, Mr Lo Presti, who breathes with the aid of a mobile respirator, spoke of his joy at winning the case. But, in broken English, the Sicilian-born father of three said he had a terrible life.

“Now I can go on with my life. Thanks for the judge for what he done finding that the company was guilty. It’s been 30 years,” he said. “Never ever (were we given any warnings), just in the last few years.”

His wife Connie said the fiveyear court battle, including a 15-day trial last year, had taken its toll on the family. She had to work to put food on the table and Mr Lo Presti’s health had deteriorated.

“I’m happy it’s over so that we can get on with our lives. It’s been a really tough five years,” she said. “If anyone had told me when it was diagnosed I would have said, ‘no, it can’t happen’. In one way (I feel betrayed) because they (Ford) should let their workers know and give them a safer workplace.

“My kids have suffered through this as well and I’m glad it’s over. It’s been real tough since he hasn’t worked, with me trying to battle three jobs and a family and look after him has been really tough.

“He is on oxygen all the time. He gets very tired and we don’t have a social life because he gets so tired and we don’t go out. But we make the best of it and try to be happy and do it the best way we can.

“I’m happy that we’ve won, not only for our sake, but for thousands of other people around that are probably going to go through the same thing.”

Mr Magazanik said his firm, Slater & Gordon, had already spoken to other mechanics who had asbestos-related diseases.

“This decision will set a precedent because it’s the first time a mechanic has succeeded against a car manufacturer in this country and there are literally thousands of mechanics who have been exposed to asbestos while working with brakes,” he said.

“We have a number of those people on our books. They’ve not only worked for Ford Motor Company, they have worked for a number of garages, mechanics and car companies, but certainly this decision will give hope to thousands of mechanics.

“What the decision underlines is that Ford . . . failed miserably in its duty to warn people like Mr Lo Presti, who were working with asbestos often on a daily basis.”

Mr Magazanik said Mr Lo Presti’s exposure to asbestos while working for Adelaide Terrace dealer Anderson Ford in the 1970s, soon after migrating to Australia, had been horrific. Mr Lo Presti had been required to use compressed air to blow the brakes, most of which were made using asbestos until recently, and brake drums. There had been no ventilation and asbestos had settled on all the surfaces.

“There were thick clouds of dust,” Mr Magazanik said. “Dust so thick that it would settle on the ends of workers’ cigarettes and actually put the cigarettes out. It would collect on the fans and fall off in chunks.

“It was so thick sometimes they would try to brush it away from their face. That was the extent of the dust in that facility and again there was never a single warning that inhaling that dust was dangerous.”

In his judgment, Justice Beech said Ford had breached its duty of care to Mr Lo Presti by not reducing his risk of asbestos inhalation. Ford had submitted that Mr Lo Presti may have suffered from a non-asbestos health problem. Its expert witness said Mr Lo Presti would survive for about five years.

The parties agreed before trial that the payout, should Mr Lo Presti win, would be $840,000, but he now faces a battle over legal costs, with Mr Magazanik asking the court to order Ford to pay most of them.

OHS NEWS TIP – Asbestos Safe Work Method Statement

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07:57 am, Thursday 21 February, 2008

Source: Lithgrow Mercury

Howard and Sons are now working vigorously on rebuilding and upgrading their facilities at Wallerawang following last December’s massive blast.

The blast resulted in most buildings on the property being damaged in one form or another, with everything being either repaired or rebuilt over the coming months.

Company Director Andrew Howard said a dedicated rebuilding team, separate to the normal production team, has been assigned which will allow the production team to continue to deliver all projects as planned.

“We have not yet been able to determine the likely cause of the incident and we are assisting NSW WorkCover in their investigations to determine the cause,” Andrew said.

Andrew and his brother Christian have already drawn up plans to improve on the facility’s already high standard of security and safety to minimise future risk with the aim of this same scale incident to never occur again.

“The Howard and Sons family of staff have remained positive throughout this experience and everyone is looking forward to the exciting new future of our manufacturing facility and a variety of projects to be completed in 2008.

“Our gratitude to our entire team of staff for pulling together in such a difficult time is not possible to put in words and I know we would not come as far without their dedication, commitment and positive attitudes, which really makes Howard and Sons the successful family business it is.

“I’m very proud and appreciative of everyone’s efforts,” he said.

“Howard and Sons Pyrotechnics already has some exciting displays booked for 2008 including 40th Anniversary National Day Celebrations in Nauru, Adelaide’s Clipsal 500, Adelaide Art Festival Opening Night, Moomba Festival in Melbourne, Sydney Royal Easter Show, a regional Australia and European ‘Crusty Demons’ Tour, and invitations to international fireworks competitions in Montreal and Malaysia where we will compete against the best pyrotechnic companies from around the world and aim to bring home the gold medal for Australia.

“We would like to thank you for your continued offers of help and support which have certainly attributed to us being able to continue operating business as usual.

New Years Eve fireworks displays have been presented around Australia, despite the setback, notably Melbourne, Brisbane, and Adelaide’s City displays while there were also displays on Australia Day, including Perth’s Skyworks, the largest fireworks display on Australia Day.

OHS NEWS TIP – Explosives Safe Work Method Statement

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04:03 pm, Wednesday 20 February, 2008

Source: ABC News

A Mildura food company has pleaded guilty to workplace safety offences relating to the death of a long-serving employee.

Marcus Martin died when the forklift he was driving hit a pole in 2005 and overturned at his workplace, SDS Beverages at Irymple.

The company yesterday entered a guilty plea in the County Court to WorkSafe offences, including failing to provide a vehicle and pedestrian safety plan, not constraining forklifts to marked routes, and not having adequate barriers around roof support columns.

Judge Pilgrim has adjourned the case to consider a penalty.

OHS NEWS TIP – Forklift Safe Work Method Statement

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06:48 am, Tuesday 19 February, 2008

Source: The Advertiser

THE City of Greater Bendigo may have to delay the opening of one its flagship recreational projects following the discovery of low levels of asbestos at the site.

Scattered fragments of cement-bonded asbestos have been collected from the Epsom Huntly Recreation Reserve by specialist contractors as part of the clean-up of the site.

The City of Greater Bendigo will now have to wait on a Worksafe report to determine the next steps, and if further clean-up work is required.

The city’s chief executive Craig Niemann said the discovery was made about a fortnight ago while the site was being tested for heavy metals, from which it gained the all-clear.

He said a specialist report determined the asbestos found was bonded with cement and non-friable, whereas the health risks of asbestos were derived from the inhalation of free fibres.

Mr Niemann said other specialist teams had been working from last week to remove the visible fragments from the grounds.

‘‘The EPA and Worksafe have been out and indicated to us there is a very low risk and very low levels of contaminants,’’ he said Bendigo mayor David Jones said the recreation reserve was scheduled for completion by May and the start of the soccer season, but the council would have to reassess the date if more remedial work was needed.

‘‘Our one guarantee is we will do whatever is necessary in order to ensure it is 100 per cent safe, but also that there is 100 per cent perception of safety,’’ Cr Jones said.

‘‘We are very frustrated and disappointed, if that causes delays and inconvenience, but we are not prepared to put public safety at risk.’’ He said the council would continue to work with government agencies, but believed the low level of contamination would enable it to use the site as planned.

Cr Jones said he was not willing to speculate on where the asbestos had come from, but said in its bonded form it had been a very popular building material throughout Bendigo.

WorkSafe spokesman Michael Birt said they would work with the council on the options available before the site opened, but believed it was important for the community’s sake to completely clear up the reserve before it began its public use.

OHS NEWS TIP – Removing Asbestos Safe Work Method Statement

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