Health and Safety Archives - Work Comp Roundup

Inadequate Safety Measures Results in Employer Fine, Worker Injury

February 5, 2013 by Michael B. Stack Leave a Comment

Fines Total $34,700

A Welsh employee suffered leg injuries when a reversing forklift truck struck him while working at a cardboard factory, according to the Health and Safety Executive (HSE).

Michael Jones, of Abercarn, was inspecting production in an area of the factory at the Prince of Wales Industrial Estate, Abercarn, Caerphilly when the incident happened in April of 2011.

Jones' employer, Smurfit Kappa, was recently fined a total of $12,500 and ordered to pay $22,200 in fines by Caerphilly Magistrates in a prosecution brought by the HSE in November of this year.

Inadequate Measures in Place for Safety

The court was told that the forklift truck was reversing around a storage area to drop off an empty pallet when it struck Jones, who was carrying out routine work on stock in the area. Although the forklift was travelling at a slow speed, Jones suffered a broken ankle and fractured heel and subsequently developed deep vein thrombosis.

An investigation by the HSE revealed that the forklift was fitted with reversing alarms, but these were not audible over the noise in the production area. No other safety measures were used, such as mirrors or flashing lights on the vehicles.

Although the company had a transport policy, they had not adequately assessed the risk to all pedestrians and there were inadequate measures in place to separate pedestrians from forklift vehicles in the production area.

Despite the transport policy highlighting the need for other safety devices such as mirrors, these were not fitted to the vehicles.

Employer Pleaded Guilty

According to HSE Inspector, Dean Baker, "Employers must ensure that they assess the movement of vehicles and where possible segregate pedestrians to eliminate the risk. If this is not possible, measures such as audible reversing alarms, mirrors, flashing lights and clearly marked pedestrian zones should be considered to prevent future injuries and fatalities."

Smurfit Kappa Corrugated UK Ltd of Darlington Road, West Auckland, County Durham pleaded guilty to a breach of Section 2 (1) of the Health and Safety at Work Act 1974.

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.

Safety Accountability Catching On World-Wide

January 29, 2013 by Michael B. Stack Leave a Comment

Safety & Return-to-Work Will Have Bigger Impact

Improvements to the workplace insurance rate model mean employers’ safety and return-to-work records will have a bigger impact on rates, the Workers’ Compensation Board of Nova Scotia (WCB) announced recently.

The Board is introducing changes to make rates more responsive, to encourage positive change, and to ultimately reduce the human and financial cost of workplace injury in the province.

“An employer’s cost for WCB insurance depends on two things – the cost of claims in their industry overall, and the cost of claims in their individual workplace,” said Stuart MacLean, CEO of the WCB. “Many employers are making valuable investments in safety within their workplaces, and we’re changing the rate setting model to more accurately reflect their efforts.”

Bigger Impact When Fatality Occurs

Among the rate model improvements are changes that make rates more responsive to an individual employer’s efforts to implement and maintain safety and return-to-work improvements. There will also be a bigger impact on rates when a fatality occurs. The WCB will continue its practice of offering financial incentives to encourage safety improvements.

Each year the WCB issues surcharges to employers whose claims costs are significantly and consistently higher than their industry peers. In 2013,90 employers will receive a surcharge, down from 96 in 2012. Surcharged employers have claims costs that are at least three times their industry average for at least four consecutive years. Surcharges are cumulative and can add an additional 20 percent or more to a firm’s base rate each year. Employers can qualify for surcharge rebates if they make safety investments.

Average Rate Holding Steady

For the ninth consecutive year, the average rate for 2013 is holding steady at $2.65 per $100 of assessable payroll. Rates are decreasing by more than 10 percent in a number of industries including printing, shipbuilding and boatbuilding, used goods moving and storage and dairy farms. Bakeries, site work (excavating, paving and landscaping), stevedoring, general freight trucking and building material sales, are among the industries whose rates are increasing.

While there has reportedly been significant progress in injury reduction over the past several years, 27 workers in Nova Scotia lost their lives in the workplace last year, and there were 6,616 injuries serious enough for the worker to require time away from work.

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: Employee Safety, Health and Safety, lower your workers comp, Nova Scotia, Nova Scotia Workers Compensation Board, reduce your workers comp, Safety and Loss Control, Safety Issues, workers comp, Workers Compensation

Failure To Implement Safety Procedure Costs Employer a Bundle

January 25, 2013 by Michael B. Stack Leave a Comment

Fell Almost 13 Feet and Sustained Serious Injuries

An Australian construction company was recently fined $50,000 and ordered to pay WorkCover’s legal costs after a 54-year-old man sustained serious injuries from falling almost 13 feet at a building site in Western Sydney, according to a report from the WorkCover Authority of New South Wales.

In August of 2009, a laborer was moving building materials at a construction site in Auburn as part of the 22-unit residential development.

The laborer was moving materials between the ground and second floors when he fell almost 13 feet through an exhaust hole in the ground floor onto the concrete floor below.

The man suffered severe head injuries, tissue damage and bruising and required emergency surgery at Westmead Hospital to relieve pressure on the brain caused by a brain hemorrhage.

Failed to Implement & Maintain Safety Procedures

WorkCover’s investigation found the failure to implement and maintain safety procedures, such as covering or sectioning off the exhaust hole with barricades, resulted in the serious injuries.

In particular the company:

Failed to ensure that the exhaust hole was securely covered;
Failed to conduct an inspection of the hole to ensure that it was securely covered;
Failed to warn persons about the risk of falling through the exhaust hole when working in the immediate vicinity;
Failed to conduct a risk assessment regarding working in the vicinity of an open unsecured hole and failed to implement appropriate control measures to address these risks.

Austar Constructions Pty Ltd was charged with breaching the Occupational Health & Safety Act 2000. The company pleaded guilty and was fined $50,000 by the Industrial Court of NSW.

Prosecutions Following This Incident

WorkCover is carrying out prosecutions against a number of companies and individuals following this incident:

Aleksic Carpentry Pty Ltd, a carpentry company that does timber door frames, window frames and other work in the construction industry and its director have been fined a total of $125,000
Multiplus Group Pty Ltd has entered a guilty plea with sentencing planned for the end of this year.
Two site managers have also pleaded guilty, judgements have been reserved.

This prosecution is one of a number in relation to this matter. Judgment has been made against one company and another individual. The six remaining matters are still before the court.

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: Health and Safety, lower your workers comp, reduce your workers comp, Reduce/Lower WC Costs, Safety and Loss Control, Safety Issues, workers comp, Workers Comp Cost Containment, Workers Compensation

Employee Hand Crushed On Conveyor Belt Costs Employer $57,750

January 24, 2013 by Michael B. Stack Leave a Comment

Fined $47,250, Plus $10,500 in Reparation

An Oamaru, New Zealand meat processor has been fined $47,250 and ordered to pay $10,500 in reparation after an employee’s hand was crushed between unguarded fixed rollers on a conveyor belt, according to the Ministry of Business, Innovation and Employment.

The Oamaru District Court heard recently that in January this year at the Lean Meats Oamaru Limited premises on Redcastle Road, Oamaru the worker was packing cuts of meat after they had been vacuum packed. As she tried to mop up excess water from the conveyor her hand became trapped in the fixed rollers leading to crush injuries needing hospital treatment.

Simple Safety Steps Would Have Avoided Injury

Acting MBIE Labor Group General Manager Southern, Francois Barton, noted “Unguarded machinery is extremely dangerous and an accident waiting to happen. There were several simple steps available to the employer that would have safeguarded against this sort of incident happening that were not taken – such as replacing fixed rollers with pop-out ones or putting in tunnel guards.

“This case illustrates the importance of effective safety auditing that identifies all possible trapping points and either removes them completely or guards them effectively.

MBIE Labor has a three-year project under way with the aim of reducing the number of workplace accidents involving unguarded and inadequately guarded machinery,” Barton commented.

Conveyors are a well-known hazard across a range of industries and have been involved in incidents and accidents for many years, according to officials.

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: Employee Safety, Health and Safety, lower your workers comp, reduce your workers comp, Reducing Workers Compensation Costs, Safety and Loss Control, Safety Issues, workers comp, Workers Compensation

Employer Convicted, Fined $500K after Employee Death

January 11, 2013 by Michael B. Stack Leave a Comment

A major Australian hirer of industrial equipment, Coates Hire Operations Pty Ltd, has been convicted and fined $500,000 after a worker died when an elevating work platform rolled down the tray of a truck, tipped and crushed him, according to Safety in Australia.

Fine Increased from Original $250,000

Victoria’s Court of Appeal recently imposed the fine which was increased from the $250,000 penalty imposed by the County Court in 2010 and subsequently appealed by the Director of Public Prosecutions.

The prosecution followed the death of a 44-year-old Cranbourne South man who was crushed at a Coates’ Hire business at Dandenong in February 2007.

Company Had Two Prior Convictions

The Court of Appeal said Coates Hire had two relevant prior convictions and should have been doubly vigilant to ensure no further breaches occurred. It also found the company failed to enforce and disseminate its own safety procedures.

In its judgment, the court said the breach equated to a very high degree of culpability. The Court of Appeal affirmed the County Court’s finding that Coates had shown a ‘disregard for the safety of its workers’.

Disastrous Results of Not Applying Safety Procedures

WorkSafe’s Executive Director for Health and Safety, Ian Forsyth, said the case illustrated the disastrous results of having safety policies and procedures but not applying them.

“The increase in penalty is welcome, but it does not take away from the fact that a preventable death has occurred. All other employers need to act now to review their own situation, whether or not they use external contractors.

Redline Towing and Salvage Pty Ltd, which employed the man who died, was sub-contracted by Coates to pick up and deliver plant on behalf of Coates was convicted and fined $130,000 in 2010.

Dandenong Heavy Haulage Pty Ltd was convicted and fined $50,000 in 2010 in relation to the incident. Dandenong Heavy Haulage also transports plant on behalf of Coates.

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: Safety and Loss Control, Workers Comp News Tagged With: Employee Safety, Health and Safety, reduce workers comp, reduce your workers comp, Reduce/Lower WC Costs, Safety and Loss Control, Safety Issues, Safety Management, workers comp, Workers Compensation

Small, Low Risk Businesses to Receive Free Online Safety Guidance

December 20, 2012 by Michael B. Stack Leave a Comment

Online Guidance Designed for Small, Low-Risk Business

A radical revamp of the way British small businesses access official advice about health and safety online has been launched.

According to the Health and Safety Executive (HSE), the new Health and Safety Toolbox is the latest in a package of online guidance, bringing together in one place everything a small, low-risk business could need to manage health and safety. Written with busy firms in mind, it makes it easy to find relevant guidance on specific risks with a few clicks of the mouse.

It builds on Health and Safety Made Simple which provides sufficient basic information for large numbers of low risk businesses.

Will Help Business Owners Avoid Wasting Time and Money

The package of guidance – developed by the Health and Safety Executive (HSE) with the support of businesses – will help business owners and employers avoid wasting precious time reading what they don't need to, wasting money on unnecessary bureaucracy or resorting to hiring costly consultants.

Judith Hackitt, the HSE chair, noted, "This package is everything small and low risk businesses could need to manage health and safety, online and free.

"It will help businesses save time and money by getting them focusing on the real risks, guiding them to what is relevant for them and steering them away from what's not.

"By going online and working through it for themselves, for free, we hope low-risk SMEs will realize that they don't need expensive consultancy or reams of paperwork to manage their responsibilities. It is of no benefit to businesses or workers if over the top precautions are introduced."

Simple Guides to Control Common Workplace Hazards

Quick, simple guides and interactive tools on how to identify, assess and control common workplace hazards have been pulled together for the first time. Core health and safety issues relating to the type of business, its workforce and workplace are set out more simply than ever before.

Sections on the most common risks – such as manual handling, trip hazards and harmful substances – as well as tips on protective equipment are set out in plain English.

The Toolbox and Health and Safety Made Simple are part of HSE's work to make it simpler and clearer for businesses to understand, manage and control workplace risks. A full review of all HSE's written guidance is also being carried out.

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: british, Canada Workers Compensation, Employee Safety, Health and Safety, Reduce/Lower WC Costs, Reducing Workers Compensation Costs, Workers Comp Cost Containment, Workplace Health and Safety

Clothing Retailer Commits to Groundbreaking Safety Program

October 26, 2012 by Michael B. Stack Leave a Comment

Second Retailer Commits to Groundbreaking Safety Program

The Clean Clothes Campaign (CCC), International Labor Rights Forum (ILRF), IndustriALL Global Union, Worker Rights Consortium (WRC) and Maquila Solidarity Network (MSN), together with Bangladesh trade unions and labor rights groups, have reached an agreement with Tchibo to implement a fire and building safety program in Bangladeshi garment factories.

According to IndustriALL Global Union, the German-based company becomes the second retailer to commit to the groundbreaking safety program, which was first agreed with PVH (owner of Calvin Klein and Tommy Hilfiger) in March. Since 2006, more than 600 garment workers died in Bangladesh due to unsafe buildings.

Garment Industry Notorious for Safety Hazards

According to Jyrki Raina, general secretary of IndustriALL Global Union, “The garment industry is notorious for its safety hazards. The requirements of this program are straightforward, commonsense measures which will have a significant impact on worker safety in many factories in Bangladesh. Tchibo and PVH have taken the lead, now it’s time for other brands to follow.”

Tchibo also commented on the new measures being installed, noting “We take fire risks very seriously and see the need to join forces at a multi-stakeholder level in order to achieve a sector-wide change in Bangladesh. We are looking forward to collaborating with unions, labor rights’ groups, other brands, Bangladeshi employers and the government. We believe this program has the potential to make a real difference and to be a benchmark for other Asian sourcing countries.”

Program Has Potential To Save Thousands of Lives

Fire incidents cost the lives of thousands of garment workers worldwide, which recently became world leading news with more than 300 workers deaths in two factory fires in Pakistan. CCC has been campaigning on safety issues in Bangladesh since the collapse of the Spectrum factory in 2005, which left 64 people dead and involved high street brand Zara. The program has the potential to save the lives of hundreds of thousands of workers currently at risk.

The program allows for independent building inspections, worker rights training, public disclosure and a long-overdue review of safety standards. It is transparent as well as practical, and unique in being supported by all key labor stakeholders in Bangladesh and internationally.

The labor signatories are now calling on all major brands sourcing in the industry to sign on to the initiative in order to ensure its rapid implementation.

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.

WORKERS COMP MANAGEMENT MANUAL: 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.

Filed Under: Workers Comp News Tagged With: Bangladesh, Health and Safety, Occupational Health and Safety, Safety and Loss Control, Safety Management, Safety Programs

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

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

Sloppy Safety Practices Lucky to Only Cost Employer a Fine

September 18, 2012 by Michael B. Stack Leave a Comment

Routine Inspection Revealed Safety Failings

An Ammanford, Wales construction company has been fined after a routine inspection at one of its sites revealed a number of dangerous failings.

T Richard Jones (Betws) Ltd. was operating a site at St Michael's Church, Manselton, Swansea when Health and Safety Executive (HSE)inspectors visited as part of a routine inspection.

Site Manager on Holiday, Poor Washing Facilities, No Protective Gear

Swansea Magistrates' Court heard that on arrival, HSE's inspectors were informed that the site manager was on holiday. Construction sites need a site manager to ensure that risks to health and safety are adequately controlled. Washing facilities were found to be inadequate and workers were found not to be wearing protective glasses or gloves, which was of particular concern as lime mortar was being used. Use of lime mortar creates a serious risk to health and can lead to the loss of sight, skin burns or dermatitis.

In addition, there were two employees working at height without measures in place to prevent injury caused by a fall.

A subsequent investigation by the HSE concluded the company had failed to ensure the health, safety and welfare at work of its employees.

Pleaded Guilty, Paid Fine

T Richard Jones (Betws) Ltd. of Foundry Road, Ammanford, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974. The company was fined £2,000 and ordered to pay costs of £3,658.

According to Welsh safety officials, over the last five years, on average, 61 people have died every year from injuries they receive as a result of construction work, and many more have been injured."

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: Workers Comp News Tagged With: Employee Safety, Health and Safety, Safety and Loss Control, Safety Investigation, Safety Management, Wales

Broken Collarbone, Cracked Rib, and 65,000 Dollar Fine Are Result of Poor Safety

September 14, 2012 by Michael B. Stack Leave a Comment

Fined for Breaching Health and Safety Legislation

Winstone Pulp International (Winstone) of Tangiwai, New Zealand has been fined for breaching health and safety legislation, leaving a worker with a broken collarbone and cracked rib, according to the country’s Ministry of Business, Innovation and Employment.

The company was ordered to pay a fine of $55,500 and reparation to the victim of $10,000 for the injury in which a worker was crushed between heavy pallets of wood.

Worker on Out-Feed Deck & Could Not Hear Siren Warning

The Ohakune District Court heard that at the time of the accident the worker was on the out-feed deck and could not hear the machine’s siren to warn of an approaching pallet and was crushed between a moving pallet and a stationary one.

“Winstone has been remiss in a number of ways when it comes to the safety of its employees,” said central region health and safety manager for the Ministry of Business, Innovation and Employment (MBIE), Ona De Rooy.

Should have Been Adequate Staffing to Operate Machine

“There should have been adequate staffing to operate the stacker machine and the machine should have had a ‘dead man’ switch to prevent the stacker from automatically advancing the pallets. The victim should also have been trained to work on the machine if that was what he was required to do.

“This is an unacceptable example of an employer failing to take the steps required to keep their workers safe on the job. All too often employees are seriously injured at work, when it is their fundamental right to go home safely at the end of their working day,” De Rooy added.

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) Tagged With: fines, Health and Safety

Inadequate Safety Measures Results in Employer Fine, Worker Injury

Safety Accountability Catching On World-Wide

Failure To Implement Safety Procedure Costs Employer a Bundle

Employee Hand Crushed On Conveyor Belt Costs Employer $57,750

Employer Convicted, Fined $500K after Employee Death

Small, Low Risk Businesses to Receive Free Online Safety Guidance

Clothing Retailer Commits to Groundbreaking Safety Program

Australia Seeing Huge Work Comp Improvements With Mentor Program

Sloppy Safety Practices Lucky to Only Cost Employer a Fine

Broken Collarbone, Cracked Rib, and 65,000 Dollar Fine Are Result of Poor Safety

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