Health. Safety. Wellbeing

Difficulties with the model WHS Act are already being encountered by the Fair Work Commission who recently found the regulator had no jurisdiction to review a PIN notice at the request of a HSR following an inspectors decision to remove the notice. Only the person who the notice was issued to has the right to request a review within the Act.

A worker has successfully argued before the Workers Compensation Tribunal in South Australia that a journey between home and work in an employer supplied vehicle was “undertaken in the course of carrying out duties”.

SafeWork Australia’s 2012 numbers reveal South Australia has the highest average premium of any Australian jurisdiction, losing more than 560,000 days of productivity during FY12.

As the University of NSW recently found all good safety systems should include a positive focus on system review. Audits should seek to interrogate existing procedures to confirm the effectiveness of those rules, auditing should be planned and systematic with a set schedule.

Following last weeks fatal factory collapse workers in Dhaka are furious and have taken to the streets to be recognised. In Bangladesh protests drew more than 100,000 people according to Police, with some protestors demanding the execution of the factory bosses.

Rosket Industries Pty Ltd was fined $26,250 after pleading guilty in the South Australian Magistrates Court to failing to adequately guard a brush-making machine, while the employer was found liable the worker’s actions were noted as “somewhat foolhardy”, and it was stressed that employers must take steps to prevent workers from suffering injuries resulting from their own negligence.

A recent case before the Queensland Supreme Court took my interest from a training and liability perspective. While the training and industry is different thoughts of manual handling training in the retail industry and the liability involved came to mind. A worker performing a manual manoeouvre slipped and fell, claiming it was a result of the instruction she had been given. The Supreme Court agreed and awarded damages.

A recent case appealed before the Federal Court re-affirms the importance of witnesses in workers compensation matters. A worker claimed to have lifted a 35kg box and felt excruciating pain, witnesses could not verify his claims and liability for compensation was rejected.

Programs revolving around a goal of ‘zero’ have been much debated for sometime. Here are my thoughts on the subject.

WorkSafe Victoria has launched an investigation into the death of an 86 year old man who was hit by a garbage truck emptying a bin at a fast food restaurant at the beginning of this month. An 83 year old woman also suffered head injuries but remains in a stable condition.