Australia & Workers Comp Archives

Employer Convicted and Fined for Easily Avoidable Accident

December 3, 2012 by Michael B. Stack Leave a Comment

Serious & Permanent Injuries to Worker

Australian employer Goodman Fielder Consumer Foods Pty Ltd. was recently convicted and fined $90,000 over an incident at its “Pampas” factory in West Footscray which left a worker with serious and permanent injuries to his arm after it was crushed in a machine.

According to a report from WorkSafe Victoria, the company pleaded guilty at the Sunshine Magistrates’ Court to failing to provide safe plant and failing to provide proper training under section 21 of the Occupational Health and Safety Act 2004.

The injured worker was an employee of labor hire company Skilled Group Ltd and had been assigned to work at the company’s Pampas factory for two years prior to the incident on Sept. 5, 2009.

Prior Conviction & Fine for Same Incident

Skilled Group Ltd. was convicted and fined $50,000 in November last year in relation to the same incident.

The court was told the worker was cleaning a dough extruder when it suddenly activated, trapping the man’s arm in the machine.

Accident Could Have Easily Been Avoided

WorkSafe’s General Manager for Health and Safety Operations, Lisa Sturzenegger, said the company’s conviction and fine could have easily been avoided.

“Properly guarding machines is a fundamental safety requirement that employers must act on to avoid incidents like this from happening,” Sturzenegger said.

An investigation found the worker was not adequately trained in how to operate the machine’s controls, which led to him failing to properly de-activate the machine before cleaning it.

Informal training was carried out “on the job” by other workers, but they did not follow a safe and consistent approach. The investigation also found the machine was inadequately guarded; its plastic guard had a 10cm gap, big enough for the worker to put his arm through.

“Businesses have to make sure moving parts of a machine have proper guards or physical barriers fitted,” Sturzenegger added. “On top of this, workers responsible for cleaning or servicing machines need to be properly trained in how to deactivate them.

As this incident has shown, inadequately training staff can have distressing consequences for all involved.”

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional about workers comp issues.

Filed Under: Workers Comp News Tagged With: Australia & Workers Comp, Reducing Workers Compensation Costs, workers comp, Workers Compensation

Cherry Picker Topples Over, Injures Workers and Costs Employer

October 23, 2012 by Michael B. Stack Leave a Comment

Workers Injured Cutting Tree Limbs

A Myaree, Australia tree lopper has been fined $12,000 (plus almost $1400 in costs) over an incident in which he and an employee were injured when an elevating work platform (EWP) they were using toppled over, according to Western Australia’s Department of Commerce.

Gerald Shields recently pleaded guilty to failing to provide and maintain a safe work environment and was fined in the Rockingham Magistrates Court.

In May 2010, Shields was contracted by the Department of Housing and Works to carry out tree cutting services, and was engaged in lopping tree branches in Medina using an EWP (commonly known as a cherry picker).

Stabilizing Leg of “Cherry Picker” Sunk Into Ground & Toppled Over

Shields and an employee elevated the EWP booms to their full length to cut a limb from a tree, and when the lower boom was being lowered, the front passenger side stabilizer leg sunk into an old drain or soak well.

The EWP toppled over and the boom struck the ground. The two men were ejected from the bucket and landed on the roof of a nearby building. Shields suffered only minor scalp injuries, but his employee suffered a crush injury to his right wrist and forearm.

Spread Plates and Personal Protective Equipment Not Used

The court heard that the recommended spread plates were not used on the stabilizer legs on the soft ground, and that the safety interlock switch for the EWP was interfered with, allowing the boom to be elevated without the stabilizers being deployed, contrary to operating instructions.

It was also revealed that the men were not wearing safety harnesses or any other personal protective equipment (PPE) such as safety glasses or hearing protection, and that Shields did not ensure that any of his employees used PPE.

Shields had not carried out or ensured that adequate pre-start checks were carried out on the EWP, as evidenced by the facts that the safety interlock switch was taped down and that one of the controls was missing and had been replaced with a hammer.

WorkSafe WA Commissioner Lex McCulloch added the case was a good example of an employer who completely disregarded the safety of his employees.

Falls Significant Cause of Workplace Death

“This employer seems to have had absolutely no regard for his own safety or that of his employees,” McCulloch said. “There have been many instances in WA of EWPs tipping over, resulting in serious and critical injuries and deaths. There were no safe systems of work in place for the operation of the EWP or for the protection of the employees.”

According to McCulloch, falls are a significant cause of workplace death, and 16 Western Australian workers have died as a result of falls in the last four years.

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

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Filed Under: Workers Comp News Tagged With: Australia, Australia & Workers Comp, Employee Safety, Safety and Loss Control, Safety in the Workplace, Safety Management

Australia Seeing Huge Work Comp Improvements With Mentor Program

October 8, 2012 by Michael B. Stack Leave a Comment

Large & Small Businesses Pair Together to Address Safety

Australia’s WorkCover New South Wales (NSW) is calling for small and large businesses from Sydney and the Illawarra to take part in its 2012/13 Mentor Program.

The WorkCover Mentor Program involves large businesses pairing with a small business from the same industry to help them identify new ways to address safety in their workplace.

Small Businesses Gain Industry Specific Advice From Mentor

General Manager of WorkCover’s Work Health and Safety Division, John Watson, said the Mentor Program enabled small businesses to gain industry-specific advice on how to meet their workplace safety, injury management and workers compensation obligations.

“Workplace injury, illness and fatality continue to be a significant cost to industry and the NSW community, and WorkCover understands how challenging it can be for small businesses to dedicate time and resources to work health and safety,” Watson commented.

“The WorkCover Mentor Program provides small business with access to expert advice and assistance from a large business within their industry who understands the work health and safety challenges they face and can suggest innovative solutions to everyday problems.

330 Businesses Participate, 95% Success Rate

“More than 330 businesses have taken part in the Program since it commenced with 95 per cent of last year’s mentees implementing work health and safety improvements after participating in the program.

“Every worker wants to return home safely at the end of the working day and WorkCover recognizes that the support of business through initiatives like the Mentor Program is essential to improving work health and safety across the State,” Watson added.

Melinda Leyshon, managing director of western Sydney licensed mechanics, Production Automotive, added the Mentor Program provided the opportunity for a small business to gain a better understanding of work health and safety and check that they had effective systems in place.

Keep Employees Safe By Working On Your Business

“We are a family business and want everyone to go home from work safe,” Leyshon noted. “The Program gave us a lot of confidence that we were heading in the right direction in relation to safety and also massively increased our knowledge and understanding of work health and safety. Without a doubt I would encourage other small businesses to participate. It’s the best time you will spend working on your business rather than in your business.”

Following an official launch on Oct. 9, 2012, the Mentor Program will be rolled-out to other regions of NSW during 2013.

Mentees are also eligible to apply for a $500 rebate after making a safety improvement in their workplace (terms and conditions apply). For more information on the WorkCover Mentor Program 2012-13, visit www .workcover .nsw .gov .au.

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: Workers Comp News Tagged With: Australia, Australia & Workers Comp, Health and Safety, Safety Management, Workplace Health and Safety, WorkSafe Australia

Employees May Not Be Faking It as Much As You Think

September 24, 2012 by Michael B. Stack Leave a Comment

Employers Think Non-Genuine Days Higher Than Reality

Taking a fake "sickie" is well-known as a great Australian tradition but research shows the problem in 2012 may be more of an office myth. A study shows that bosses think non-genuine sick days account for up to 25 percent of absenteeism, when they actually account for less than 15 percent.

The research from Direct Health Solutions – an absence management firm – found sick days cost the economy about $28 billion a year and CEO Paul Dundon said bosses found this easy to blame on workers.

“They’re focused too much on the odd case of a ‘sickie’ and not on the genuine factors absence,” Dundon said. The 2012 Absence Management Survey found that businesses believed the most common reason workers took days off was for unexpected illness. But the second most common reason cited by business was that employees viewed their paid sick days as an entitlement.

Workplaces Have Absenteeism Culture

DHS said some workplaces have an “absenteeism culture” where a certain level of absence is tolerated – typically the paid entitlement level. The study also found absenteeism was higher in large organizations with more than 1000 employees.

“It becomes more complex to manage the bigger a business becomes, and it’s easier to fly under the radar and when that happens it kind of develops a culture of absenteeism,” Dundon said.

Absence levels were also 21 percent higher in unionized environments, and 20 percent higher in the public sector.

Proper Systems Not In Place to Manage

“[In the public sector] they’ve got more entitlements, and they don’t have proper systems in place to manage it,” Dundon noted. “[Unions] make it more challenging to manage – they see it as a right or entitlement that shouldn’t be managed or addressed. Managers often avoid the issue because it’s too hard or they’re too fearful.”

Telecommunications Highest, IT Workers Lowest

The telecommunications and utilities industry had the highest number of days lost at 13.1, followed by travel, tourism and hospitality at 13 and outsources service providers at 11.1.

IT workers had the lowest number of sick days at 4.6, followed by retail workers at 6.5 and manufacturing and production and 6.5. Dundon added industries that required workers to deal directly with customers had higher numbers of sick days.

“There’s a lot to do with workplace flexibility – people in IT can bring their work home,” he said.

According to Dundon, the retail figure was disproportionately low because the industry had a high level of casual labor and did not track sick leave well. And manufacturing and production had a big drop in absence levels from 2011, down from 8.5 days to 6.5.

“There is a lot of risk and insecurity in that industry at the moment,” Dundon said. The study also found that half of employers think it is easy for workers to obtain a medical certificate even when they are not sick.

As Dundon noted, there are more effective ways to manage sick days, including conducting return to work interviews after every absence and centralizing a company’s record of days off.

Number of sick days per year by industry sector:

Telecommunications & Utilities – 13.1 days

Travel, Tourism, Hospitality – 13.0 days

Outsourced Service Provider – 11.1 days

Public Services/Government – 10.3 days

Banking, Finance & Insurance – 9.1 days

Construction – 8.5 days

Transport & Logistics – 8.1 days

Healthcare – 8.0 days

Non Profit – 7.6 days

Media – 7.0 days

Manufacturing & Production – 6.5 days

Retail – 6.5 days

Information Technology – 4.6 days

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: Workers Comp News Tagged With: Absence Management, Absenteeism, Australia, Australia & Workers Comp, Reduce Absenteeism

Temporary or Part-Time Workers have 50 Percent Higher Injury Rate than Permanent Workers

August 27, 2012 by Michael B. Stack Leave a Comment

A recent report from Safe Work Australia found that temporary or part-time workers recorded a work-related injury rate 50 percent higher than permanent workers in 2009-10 with females reporting a significantly higher rate of injuries per hour worked than males.

The report, Australian work-related injury experience by sex and age (2009-2010), examines the work-related injury experience of male and female workers across different age groups. The report also provides data that can assist industry identify demographics where work health and safety can be improved.

In 2009-10, close to 640 000 workers reported they had suffered a work-related injury which is close to triple the population of a city the size of Hobart reporting a work-related injury.

While males recorded a 19 percent fall in the number of injuries incurred at work since 2005-06 the number for females increased by 11 percent. Although the decrease is reassuring the fact injury rates for females increased indicates that as a nation more effort is needed to improve work health and safety for our workers.

Other key findings of the report include:

Temporary or part-time workers reported 54 injuries per million hours worked compared with a rate of 35 for those with leave entitlements.
Working under shift arrangements or as a part-time worker was also associated with higher rates of injury. Half of all female workers worked part-time in 2009-10.
For each hour worked females had a 28 percent higher risk of injury compared with male workers.
High rates of injury were experienced in the accommodation and food services industry. This industry has high levels of temporary or part-time and part-time work.
The most common cause of injury across all age groups was sprain/strain.
Workers aged 15-24 recorded rates of injury substantially higher than other age groups.

Safe Work Australia provided funding to the Australian Bureau of Statistics (ABS) to obtain this data. The report is the second using these data.

In November, 2011 Safe Work Australia published Work-related Injuries in Australia: Who did and did not receive workers compensation in 2009-10.

Australian work-related injury experience by sex and age, 2009-10 is available at:

www .safeworkaustralia .gov .au

<pAuthor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: WC in Other Countries (International), Workers Comp News Tagged With: Australia, Australia & Workers Comp, part-time workers, WorkSafe Australia

Attorney General Finds Workplace Death of 21 Year Old Unacceptable

August 10, 2012 by Michael B. Stack Leave a Comment

Piece of Equipment Collapsed

A 21-year-old Australian man died at a worksite at Kingston July 21, when a piece of equipment that is used to pour concrete collapsed, according to Australian officials.

The truck involved in the accident was serviced just three weeks ago and engineers will examine the equipment. It is the fourth workplace death in the ACT since last December, and three of those have happened on construction sites.

Investigations to Take Several Months, Wake Up Call for Industry

ACT Work Safety Commissioner Mark McCabe says investigations into the latest death will take several months.

"It is alarming for there to be so many injuries," McCabe said. "It is a real wake-up call for the industry I think, that this is dangerous work that they're doing and safety cannot be compromised. If anything good can come out of tragedy it is that it's bringing the industry together to talk about how this situation can be avoided in the future."

The ACT Government is moving to order an investigation into safety and culture on ACT worksites.

Attorney General Finds Work Place Death Unacceptable

Attorney-General Simon Corbell stated any death at work is unacceptable and he requests answers.

"We are now giving serious consideration to a broad-ranging investigation to try to understand what are the issues with workplace safety and culture in the civil and construction sector that may be contributing towards the death toll we are now seeing," Corbell commented.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: WC in Other Countries (International) Tagged With: Australia, Australia & Workers Comp, Employee Death, Work-related deaths, Workplace Death

Australia in Final Stage of High-Risk License Renewal

August 2, 2012 by Michael B. Stack Leave a Comment

Calling Attention to High Risk License Renewal

WorkCover NSW (New South Wales, Australia) is reminding workers qualified to operate high risk plant and equipment to review, and if necessary renew, their licenses.

High-risk work licenses are needed to operate a range of machinery including forklifts and cranes, and pressure equipment such as boilers and turbines. They are also required in order to carry out scaffolding, rigging and dogging work. [WCx]

WorkCover NSW Work Health and Safety Division General Manager John Watson said the changes were part of a national approach to uniform licensing and mobility across Australia.

Final Stage of Transition Which Began in 2006

“This is the final stage of the NSW transition, which began in 2006,” Watson said. The incoming changes are going be very beneficial to the thousands of people in NSW currently holding a high risk work license.”

According to Watson, there would be two main changes to the current system.

“The three different WorkCover high risk work licenses will be combined into one easily recognizable card with a photo, expiry date, and information showing the type of high risk activity the holder is licensed to perform. Secondly, this new card will be recognized across all the states and territories. This is going to be beneficial across many industries where we see people moving interstate for short or long periods of work,” Watson commented.

Watson added that there were three simple ways to tell if your license needs to be replaced.

Licenses Received before 1996, or No Expiration or Photo Need Replacement

“If you received your license before 1996, or if it doesn’t have an expiry date or photo ID, the license will need to be replaced,” Watson said. “Since 2006, WorkCover has been contacting licenses holders via letter and advertising the changes through the media. Anyone unsure if their license needs to be replaced should call WorkCover on 13 10 50, email us at contact@workcover.nsw.gov.au, or visit our Web site www.workcover.nsw.gov.au. WorkCover will send you a renewal pack. You will then need to lodge an application form, a passport sized photo, proof of identity and pay a $60 fee for the new five year photo license.” [WCx]

All affected licenses must be renewed by Dec. 31, 2012.

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: WC in Other Countries (International) Tagged With: Australia, Australia & Workers Comp

Is Playing Cards Like Having Sex on The Job

April 22, 2012 by Robert Elliott, J.D. Leave a Comment

The Australian News reports a public servant injured while having sex with an acquaintance on a business trip is allowed workers’ compensation. The article, here, notes the woman was in a motel room and suffered facial and psychological injuries when a glass light fitting came away from the wall above the bed as she was having sex in November 2007. An article on aoljobs, details the woman injured her face, nose and tooth.

In the report, the News notes, Sydney Federal Court Justice John Nicholas concluded that the injuries were suffered by the woman in the course of her employment. “The judge set aside the decision made by the Administrative Appeals Tribunal, which upheld the rejection by ComCare, the federal government workplace safety body. He said the tribunal erred in finding it was necessary for the woman to show she had been taking part in an activity which led to her injury ‘which was expressly or impliedly induced or encouraged by her employer.’"

“If the applicant had been injured while playing a game of cards in her motel room she would have been entitled to compensation," the News article goes on to say, "even though it could not be said her employer induced or encouraged that activity. In the absence of any misconduct or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity does not lead to any different result.”

The aol article by reporter Claire Gordon says the worker filed for workers' compensation with Australia's federal government's safety agency ComCore, which says its compensation scheme ‘covers any injury or illness arising ‘out of and in the course of employment. .. This includes coverage for journeys and for ordinary recesses and breaks." [WCx]

Gordon writes, “But that doesn't mean employees in this country should go out and have vigorous sex on business trips, in the hope of a paid vacation. U.S. worker's compensation law is a little more strict, covering only injuries that occur while a person is carrying out their job duties.”

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com

MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

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Filed Under: Legal Doctrines, Management Commitment Tagged With: Australia & Workers Comp, business trip, work-related injuries, Workplace Injuries

Down Under Construction Inspectors Increase Safety Visits

March 22, 2012 by Robert Elliott, J.D. Leave a Comment

WorkSafe Victoria construction inspectors are staging a blitz of domestic housing sites in Melbourne’s west, according to a WorkSafe report.

It is the first of a series of statewide campaign visits targeting basic safety issues, the acting Director of WorkSafe’s Construction and Utilities Division, Allan Beacom, said.

“What we find is that employers and tradespeople consistently fail to properly address the basic safety issues like fall protection, electrical safety, housekeeping, site security and supervision,” he said.

“At this time of the year there is an extraordinary amount of work which has to be completed to meet contractual requirements. In such a busy environment the already-existing risks can be magnified. During our visits, inspectors will be issuing safety improvement and prohibition notices and if they’re not dealt with, the risk of prosecution, whether or not someone is hurt, is high.”

There were 425 claims in the domestic construction sector last financial year with treatment and rehabilitation costs exceeding/ nearly $5.5 million. The absence of fall protection on a domestic housing site is a feature of WorkSafe’s current enforcement campaign showing workers on the roof of a house.

“Safety issues have been raised, but there’s reluctance to deal with them because it’s a ‘two-minute job’. It’s then that the WorkSafe inspector drives up,” Beacom continued. “Apart from the need for rails, a lot of time will be lost and it’s likely he’d find other issues. Doing the job right, the first time, is in your interests.

“The good news is that businesses and individuals can make a difference by taking a few simple measures and although Victoria is Australia’s safest state with a record low number of work-related injuries, a lot more can be done.” (WCxKit)

Other metropolitan and regional areas will be targeted in coming months.

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.

Our WORKERS COMP BOOK: www.WCManual.com

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

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Filed Under: Safety and Loss Control, WC in Other Countries (International) Tagged With: Australia, Australia & Workers Comp, Construction Industry, WC in Other Countries (International), WorkSafe Australia

Report of Safety of Printer Emissions in the Workplace Available

March 18, 2012 by Robert Elliott, J.D. Leave a Comment

Safe Work Australia Chair Tom Phillips recently announced the release of two significant reports on the risks and health effects of printer particle emissions in the workplace. Could this be the next asbestos-type product?

“The two reports, Nanoparticles from Printer Emissions in Workplace Environments and A Brief Review of the Health Risks Associated with Laser Printer Emissions Measured as Particles are a breakthrough in the nanotechnology field," said Phillips.

Research for the Nanoparticles from Printer Emissions in Workplace Environments report examined particle emissions from laser printers in office environments. A total of 107 laser printers were examined in offices across Queensland. The majority of the nanoparticle exposure experienced by workers over the course of a working day did not come from printers but from other sources, for example vehicle emissions infiltrating the building.

The report was commissioned under the Safe Work Australia Nanotechnology Work Health and Safety Program, funded by the Department of Innovation, Industry, Science and Research. The report research was undertaken by Queensland University of Technology and Workplace Health and Safety Queensland.

To understand the potential health effects of particles measured in this report Safe Work Australia commissioned Toxikos Pty, Ltd. to undertake a review. A Brief Review of the Health Risks Associated with Laser Printer Emissions Measured as Particles examined results and assessed them against national and international air quality guidelines and exposure standards.

Phillips said the review found that the risk of direct toxicity and health effects from exposure to laser printer particle emissions for most people is negligible but people responsive to unusual or unexpected odors may detect and react to the presence of emissions.

“Workers should still attempt to minimize their exposure to printer particles. The nanoparticles from Printer Emissions in Workplace Environments report provides precautionary advice on how offices can assess and control printer particle emissions in their workplace,” said Phillips.

The research report, review and more information on the Nanotechnology Work Health and Safety Program is available at www.safeworkaustralia.gov.au

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.

WORKERS COMP MANAGEMENT GUIDEBOOK: www.WCManual.com

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MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.