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HJ& Newsletter February 09

Up to date Industrial and OH&S News

Client News February 2009


ENGAGING CONTRACTORS

A recent incident where a contractor fell from a ladder whilst installing some audiovisual cabling has highlighted the importance of appropriate management of all contractors.

Employers are required to provide a safe place of work for all staff including contractors. When engaging a contractor it is important to ensure their work does not impose a risk to themselves or others.

Organisations must implement “Contractor Health and Safety Policy” which details the responsibility of individuals to ensure procedures are in place to manage contractor safety.

Contractors engaged in any potentially hazardous work are required to provide evidence that they have conducted a job safety analysis of the work tasks to be performed. This assessment may need to be completed in consultation with an organisation representative and any other relevant person to ensure that all issues have been considered and necessary actions taken for the activity to be undertaken safely.
DUTY TO CONSULT

The Occupational Health and Safety Act 2004 places increased emphasis on the need for Consultation between your organisation and its employees on all issues affecting health and safety.

The duty:
• Expands participation of employees
• Encourages communication
• Encourages practical solution
 
Who to Consult

The Act requires Directors, Managers and Supervisors to consult so far as is reasonably practicable with employees who are, or are likely to be directly affected by Health and Safety issues.

Where employees are represented by a HSR, the HSR must be involved in consultation with or without the involvement of the employees directly.

When to Consult
The new Act recognises that employees input and participation improves decision making in regards to Health and Safety matters. Consultation should occur between managers and employees when:
• Identifying or assessing hazards or risks within the work area
• Deciding upon control measures
• Proposing changes. (for instance when refurbishing, relocating or making changes to the work environment)
• Deciding upon facilities for welfare of employees
• Establishing Health and Safety Committees
• Managing Contractors.
How to Consult

Employees must be given reasonable opportunity to express views through open communication and be encouraged to ask question and raise safety concerns. The mechanisms for consultation are through Health and Safety Representatives, OHS Committees and WorkSafe publications.

Effective consultation can result in; reduced injury and disease; improved management decisions through gathering a wider source of ideas; greater manager and employee commitment to OHS; Employee ownership of the outcome of consultation; greater openness, respect and trust between management and employees.

 IMPORTANCE OF RISK ASSESSMENT

An employer has been fined for failing to conduct hazard identification and risk assessment of a compacting machine that crushed a workers hand, even though the machine was not owned by the employer, nor on its premises.

The employee attended an office to which the employer provided cleaning services.  The employee conducted tasks which included collecting waste and taking it to the compactor unit in the buildings’ basement.

The operation of the compactor was not in the employee’s duties; however they were instructed to use the equipment in the absence of a colleague.  The employee had been trained in the use of the compactor six (6) months prior.

The employee loaded the compactor and initiated the compaction cycle.  The employee then placed their right hand on the side of the machine and it became trapped when the ram retracted.

The Magistrates Court conceded that there were deficiencies in the procedures, there was no documentation that the employee had been adequately trained, and that the development of Safe Operating Procedures could have substantially reduced the risk of injury whilst using the compactor.

The Court was lenient on the employer due to; absence of machine guarding was an issue which was deemed outside the employers control and the incident was a first offense.  

The employer was fined $12, 251, after allowing a 25 per cent discount.


WORKSAFE VICTORIA RELEASES ALLEGATIONS OF DISCRIMINATION PROTOCOL

WorkSafe Victoria has released its protocol for “dealing with allegations of discrimination” by an employer against an employee pursuant to s.76 of the Occupational Health and Safety Act 2004 (Vic).  

Where an allegation of OH&S related discrimination has been made to WorkSafe, the matter will be referred from the Advisory Service to the inspectorate for consideration for the appropriate action.

An inspector or group leader will contact the complainant within one (1) day, and conduct the first interview with that person or visit the workplace within three (3) working days of the service request.

EMPLOYER FINED $45K AFTER MODIFICATION LEADS TO FAIL

A heavy equipment maintenance company has been fined $45,000 over an incident where a modifications made by the maintenance company to an item of plant caused serious injuries to a worker after the modifications failed.

The worker was employed by an organisation who requested the maintenance company modify their equipment for the tasks being completed.  The installed handrail collapsed when the worker was servicing a set of light sensors and the worker fell fracturing his vertebra and ankle.

The maintenance company had repositioned a piece of machinery in the walkway leading to the sensors, and had not undertaken a risk assessment to account for the modifications.  It was known to be common that workers would climb onto or outside the handrail to access and clean the sensors.  

After the incident, the employer adopted the use of a scissor lift for the task.  

EMPLOYER FINED FOR NEGLECTING SUPERVISION AND TRAINING

A construction business has been fined and convicted after an apprentice cut their hand on a mitre saw.  

The apprentice was cutting a piece of timber on the compound mitre saw when an off cut pushed his hand into the path of the blade.  

An investigation by WorkSafe found that the apprentice had been unsupervised, had not been trained in the use of the saw, and had not been provided with the adequate tools required to complete the job.  

The employer was convicted and fined $32,500 and ordered to pay costs.


FINES FOR HARNESS FAILURE

An engineering firm was fined $34,000 over the failure of a safety harness.

An employee of the firm was working on a ladder when they lost their footing and fell two (2) meters when the safety harness failed to engage.  The employee sustained a fractured wrist, which required surgery.

The employer was charged with and pleaded guilty to failing to adequately train the worker in how to use and harness and lanyard.  


FINE FOR FAILURE TO IMPLEMENT TRAFFIC MANAGEMENT CONTROLS

An experienced employee was walking across a yard at the manufacturing plant in order to inspect aggregate bins, when at the same time a front-end loader was reversing down an adjacent ramp.  

The driver could not see the employee “because of the position of the sun”.  The reversing lights and beeper were operational on the vehicle, however, the employee failed to identify with the warning signals.  

The left rear wheel of the vehicle struck the employee and knocked him to the ground before running over both of his legs and coming to rest on his left shoulder and arm.  

The employee suffered fractures of the scapula, tibia, femur, ruptured knee, dislocated finger and forearm.  He was absent from work for two (2) and a half years.  

The employer was found guilty of failure “to impose a system of traffic control to minimise the dangers caused by the movement of moving vehicles in areas where people were present”.

It had neglected to ensure the separation of heavy vehicles and people within the yard.

The employer was convicted and fined $30,000.  


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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