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HJ&K Newsletter August 2009

Up to date industrial and OH&S news


Client News August 2009


COMPANY CONVICTED AND FINED $24,000 FOR FAILING TO COMPLY WITH AN IMPROVEMENT NOTICE

A food distribution and supply company located in Port Melbourne was convicted and fined $24,000 for failing to comply with an improvement notice. The warehouse in question was filled with bays of racking which contain food items for distribution and supply to other businesses. On 24 January 2008, a VWA Inspector attended the premises to investigate an alleged contravention of the Occupational Health and Safety Act 2004 (Vic) and observed the following: damage to racking in bays two (2) and five (5) including bent uprights and an upright that had been welded which could result in failure of the racking causing injury to persons in the vicinity; racking was not securely fixed to the floor in the packing area; dyna bolts were loose; and there was no collision protection. Two Improvement Notices were issued requiring the contraventions to be remedied on or before 3 March 2008. The Notices were not complied with until 17 September 2008.

COMPANY CONVICTED AND FINED $25,000 FOR FAILING TO PROVIDE & MAINTAIN SO FAR AS WAS PRACTICABLE FOR EMPLOYEES A SAFE WORKING ENVIRONMENT

A crane hire company that specialised in roof removal was Convicted and Fined. On 22 October 2007 the company entered into a contract with a commercial registered builder for refurbishment of the commercial building. The refurbishment works included the removal and replacement of an existing asbestos roof with new iron roofing, renovating the front and rear facades and refurbishment of the commercial offices (excluding the ground floor retail tenants). The builder engaged the services of a specialist roofing company which in turn engaged the company to supply a crane, driver and dogman for the purposes of lifting new iron roof sheets onto the roof and to remove other material from the roof. The company employed a crane driver who was also the operations manager and a dogman to undertake the delivery of roofing material onto the roof. The company failed to:
• Ensure that the roof was safe and in the same condition at an earlier inspection it conducted on 7 December 2007;
• Inspect the roof on 10 December 2007;
• Provide any or sufficient instruction, information, and training to the dogman (who was inexperienced in working within the construction industry) with respect to working at heights;
• Provide any or sufficient instruction to the dogman on 10 December 2007 with respect to the specific work site.

On 10 December 2007, the dogman of the company was working on a fragile asbestos roof and was in the process of un-trapping a pack of steel roof sheets some 9 metres long when he fell backwards through an unguarded shaft in the roof onto the ground. The dogman fell a total distance of 8 metres and as a result he broke 3 bones of his right wrist and a fractured scapula as well as sustaining bruising to the body and serious lacerations to the head. The company was convicted and fined $25,000 for failing to provide and maintain a safe working environment.


COMPANY FINED $40,000 FOR FAILING TO PROVIDE & MAINTAIN SO FAR AS WAS PRACTICABLE FOR EMPLOYEES A SAFE WORKING ENVIRONMENT

The company manufactures covered buttons, wire products and general light engineering components. The company supplies upholsterers, shop fitting suppliers, importers and retailers. The injured person had been employed by the defendant company since 30 May 2007 as a press setter operator performing general hand punching, shaping and folding steel. He is also a qualified and experienced fitter and turner, and worked alone in the press shop on the Heine 203A Series 3 (30 ton) power press (“press”). The injured person had previously raised concerns with his employer about the inadequate guarding of the press because it did not protect the operator during operation. There was no regime of maintenance on the press as it was not in regular use (the injured person had worked on the press about twenty times previous to the incident). On 13 September 2007, the injured person had the four fingers of his left (dominant) hand amputated to the knuckle by the blade of an unguarded press. On the day of the incident, the injured person had just stamped and bent a piece of metal. He put his left hand into the press to remove it. At the same time he heard something and turned his head. Simultaneously, the press stroked downward without operation of the foot pedal injuring his hand. Following the incident, guarding was put in place to prevent access to the danger area of the press. The guarding now operates in such a way that when the guard door is up, the press will not operate. The cost of the guarding was about $1,000.



THE NEW VICTORIAN WORKCOVER AUTHORITIES RETURN TO WORK INSPECTORATE

Recently the Victorian WorkCover Authority set up the Return to Work Inspectorate to focus on how employers are performing in helping injured workers return to the workplace.
Employers to be visited by the RTW Inspectorate are selected through a number of different means. Most visits are to workplaces where an injured worker has had a period of incapacity. Priority is given to visiting those workplaces where a worker has been certified as having a capacity to return to work, but has not yet returned to work.
Employers have also been visited as part of the WorkSafe Safer Zone project and where it is been identified that employers may not be complying with their RTW obligations.

Preparation for the Visit
Once a particular claim is identified for an employer visit, a RTW Inspector will send a letter out to both the employer and injured worker, indicating that a visit will be made to the workplace. The letter to the injured worker offers the opportunity for the worker to contact the Inspector to provide feedback on their RTW. The Inspector will follow up with a phone call to the employer to set a date for the visit.
If the injured worker is back at work, the Inspector will ask to speak to the injured worker during the visit.

During the Visit
On the day, the Inspector will:
• Identify themselves to the RTWC (or other nominated employer representative) and explain the reason for their visit.
• Ask to see the file relating to the injured worker(s).
• Review what has been done to facilitate a RTW including asking clarifying questions.
• Provide guidance and advice where appropriate, to assist the employer to meet their
• obligations under Part VI of the Accident Compensation Act 1985 (the Act).
• If the injured worker is back at work, ask to speak to the injured worker.
• Ask to see the employer’s register of injuries and discuss Agent interaction.

Objective of the RTW Inspectorate
Section 240 of the Accident Compensation Act 1985 gives the RTW Inspectors the power to enter workplaces to inspect, examine and obtain information. The primary objective of the inspectors is to ensure that employers comply with Part VI of the Act. What does Part VI include?
RTW plans (including an offer of suitable employment where the injured worker has a work capacity)
• Nomination of RTW Coordinators
• Occupational Rehabilitation Programs
• Risk Management Programs
While the primary focus of RTW Inspector visits is compliance with Part VI of the Accident Compensation Act, RTW Inspectors retain their occupational health and safety Inspector powers.
If an immediate risk is observed then appropriate action may be taken under the Occupational Health and Safety Act 2004 or the Dangerous Goods Act 1985.
If other workplace health and safety issues are identified, the RTW Inspector will arrange for a local WorkSafe Inspector to attend your workplace for follow up.


These articles have been taken and adapted from OHS Alert and Workplace Express newsletters.

These notes are for general information purposes only and should not be relied upon as an alternative to obtaining legal advice. HJ&K Industrial Consultants Pty Ltd disclaim any liability to anyone who acts in reliance, either wholly or partly on the contents of these notes.

For further information or advice please contact our office on (03) 8615 4200.

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