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www.nsca.org.au ISSUE 290 - 3 February 2010
 
Australian News

Wisdom wins

Coalition’s climate questioned

Sign of the times

Building up energy

PC models difference

World News

Women fall to their deaths

Night nurses at metabolic risk

Half a million people homeless

Climate targets submitted

Training News

OHS training

Legal News

Talking OHS Law with Michael Connolly

NSCA Announcements

Visit the NSCA team at Safety In Action 2010

Total Plant Management 2010

Career Watch

OHS Consultant - Sydney

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Dear [FIRST],

The sands of time and the winds of climate change are upon us, requiring our OHS and environmental attention.

The latest Intergenerational Report signals a need to get serious about shoring up and accommodating a diverse workforce to help secure our economic and social survival.

On the climate change front, the Coalition’s recently announced direct action policy to combat greenhouse gas emissions has been met with mixed responses.

Business groups say the policy leaves unanswered questions, while other quarters say the policy will fail to deliver the necessary emissions cuts.

Mental health is also in the spotlight with the naming of mental health clinician Patrick McGorry as Australian of the Year. The announcement is great news for highlighting the importance of mental health in all spheres of our life – including work.

On the legal front, the recent Productivity Commission (PC) benchmarking report on OHS laws reinforces the problems caused by existing jurisdictional differences. However, it remains to be seen if the recently approved model laws can rein in these differences.

Most importantly, UN-HABITAT is planning to use technology developed during the Tsunami to build transitional housing for people left homeless by the earthquake in Haiti.

The UN will be using the rubble and debris from the quake to build the transitional accommodation.

For more OHS news, read the safety and training updates below.

 
 

Wisdom wins

Top

Boosting productivity to counter the costs of Australia’s ageing population isn’t about working longer hours with less staff and risking OHS.

In response to the predicted economic and social consequences of Australia’s ageing population, more sophisticated national and enterprise productivity measures need to be implemented.

This need was reinforced earlier this week with the release of the 2010 Intergenerational Report.

Prior to the release of the report and in response to earlier comments from the Prime Minister on the ageing population, ACCI’s chief executive Peter Anderson said continued access to affordable, efficient and secure energy; continued investment in education and training; and a flexible labour market were among a number of necessary productivity boosting initiatives.

Also prior to the release of the report, ACTU president Sharan Burrow said: ‘To have sustained productivity growth, continued investment in education and training, research and development, and upskilling of the existing workforce will be critical.’

After the release of the report, Anderson said: ‘The report clearly shows that Australia needs a new round of national microeconomic reform centred on boosting Australia's productivity and workforce participation.’

Also after the release of the report, Burrow said: ‘Employers need to do more to encourage participation of older workers and women by reducing discrimination and introducing more flexible working arrangements.’

Along with the report, the Federal Government has released the Productive Ageing Package to help mature age workers stay in employment.

For more details, visit Intergenerational Report

 
 

Coalition’s climate questioned

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The Coalition’s climate change policy has left business groups with unanswered questions and others critical of the policy because it fails to cover the field.

The Coalition’s direct action climate change policy will provide incentives to industry and farmers via an emissions reduction fund to reduce carbon dioxide emissions.

Businesses that reduce emissions below their baseline or ‘business as usual’ activity will sell their carbon dioxide abatement to the government.

Businesses that emit above their ‘business as usual’ levels will be financially penalised.

Australian Industry Group chief executive Heather Ridout said the Coalition’s policy raised a number of questions, such as ‘What would be the process for setting baselines and demonstrating additional emission reductions?’ ‘What would be the penalties that may apply for emissions beyond current levels?’ ‘How it will contribute to international efforts including if an international agreement is ultimately reached?’

ACCI’s chief executive Peter Anderson said: ‘More information is needed on the adequacy of the Coalition’s proposed fund, and manner in which it will be funded by the budget.’

However, he also said “... a domestic policy approach that provides more carrot than stick tends to reflect the temper of the times.’

The ACTU, however, believes the Coalition has failed to ‘grasp the enormous challenge’ of climate change. There was no imperative in the Coalition’s policy ‘to cut emissions in existing industries on a uniform national scale to meet Australia’s modest targets or keep pace with improvements in competing economies’, ACTU president Sharan Burrow said.

The Greens are concerned the Coalition’s policy says nothing about transport emissions and ignores the logging of old growth forests. ‘There is not a peep from Mr Abbott about how we will turn around Australia's escalating emissions from transport, investing in public transport and electrifying our car fleet,’ Australian Greens senator Christine Milne said.

‘Stopping logging of native forests and land clearing were ignored as immediate sources of emission reductions in favour of a narrow focus on soil carbon.’

For more details, visit Ai Group, ACCI, ACTU, The Greens and Coalition

 
 

Sign of the times

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The naming of mental health clinician Patrick McGorry as Australian of the Year for 2010 is a positive sign in the fight to raise the profile of mental health.

‘This award signals a change in Australia’s attitude towards mental illness that is both courageous and refreshing. As a society we need to unite to effect lasting change that will improve care to this often marginalised group,’ McGorry said.

He said up to 50 per cent of Australians were affected by mental illness and there was a growing recognition that good mental health was as equally important as good physical health.

McGorry has 27 years experience in youth mental health. He is the executive director of Orygen Youth Health (OYH) and the director of the National Youth Mental Health Foundation (headspace).

Meanwhile, Australia Day Honours were bestowed on a number people for their services to the community.

Among them was the Honourable Murray Wilcox, who was honoured for his services as a Judge and Law Reform Commissioner.

Wilcox recently conducted the public consultation concerning the establishment of a building and construction inspectorate in Fair Work Australia and wrote ‘Transition to Fair Work Australia for the Building and Construction Industry Report’ for the Federal Labor Government.

For more details, visit Australian of the Year and Australia Day Honours

 
 

Building up energy

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Reducing greenhouse gas emissions as well as achieving energy efficiency is the new goal of the revised Building Code of Australia (BCA).

The BCA’s new commercial building standards will start in May 2010, with the States and Territories implementing the new residential standards no later than May 2011.

Among the revisions to the BCA, the glazing formulae have been modified to allow for passive winter solar heating.

Also, when insulation is required, at least half is to be laid in the ceiling. And new warning information has been included on the weight of insulation on plasterboard, its fixings and framing members.

Further, draught protection devices are now required on the bottom of sealed external doors.

Also, the air-conditioning in Class 3 sole-occupancy units must cease if external doors to balconies, patios or courtyards are left open.

Limits have also been placed on the use of electric resistance space heating, such as electric wall heaters.

A full list of revisions is available through the Australian Building Codes Board.

For more details, visit the Australian Building Codes Board

 
 

PC models difference

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The recent Productivity Commission (PC) benchmarking report on OHS laws reinforces the burden placed on businesses by current jurisdictional differences in OHS, but it remains to be seen if the model laws can rein in these differences.

The PC report does not make recommendations about existing OHS laws or the recently approved model laws, but assesses the effect of existing regulations.

The PC report highlights jurisdictional differences in current laws, including OHS record keeping, training, consultation, asbestos, manual handling, falls, bullying, and OHS regulator resources, funding sources, enforcement tools, appeal mechanisms and transparency.

However, the potential for the recently approved model OHS Act to rein in these differences won’t be tested until all jurisdictions have enacted the model laws. Despite the model Act’s uniformity goals, the potential for jurisdictional differences remains as the model Act includes notes that allow for jurisdictional variations.

On a basic level, for example, the jurisdictional notes allow for the Act to be named differently in each jurisdiction.

On a more complex level, for example, jurisdictional notes allow for each jurisdiction to include subsections clarifying where all or part of an offence attracts strict liability or absolute liability; each jurisdiction can nominate the court or tribunal that will hear OHS matters; and each jurisdiction may insert a local provision relating to the extra-territorial reach of offences.

Different jurisdictional interpretations may affect organisations operating across state boarders.

For example, multi-state companies currently operating under the Comcare OHS scheme may feel the potential lack of uniformity when they revert to the state jurisdictions after the enactment of the model laws.

For more details, visit the Productivity Commission and Model Act

 
   






 
 

Women fall to their deaths

Top

New European research reveals transport accidents and falls are the leading causes of unintentional injury deaths among women.

Transport accidents and falls both accounted for 19 per cent of deaths, said the research, ‘Data and Information on Women’s Health in the European Union’.

Falls were also the leading cause of hospitalisation for nonfatal injuries, the report added.

Further, a greater proportion of women than men aged over 65 experienced hip fractures.

‘…29 per cent of hospital discharges of women in the age group over 65+ are diagnosed with “hip fracture” (849 per 100,000) as opposed to “only” 17 per cent for men (401 per 100,000),’ the report said.

While transport and fall incidents were the leading cause of injury deaths, the report also said diseases including cardiovascular diseases, cancer, respiratory system diseases and digestive system diseases claimed the most female lives.

For more details, visit the EU report

 
 

Night nurses at metabolic risk

Top

New research has found that metabolic syndrome is associated with nurses working nightshift.

Metabolic syndrome is a group of disorders that occur together and increase the risk of stroke, heart diseases or Type 2 diabetes.

The group of disorders can include all or some of the following: excess stomach fat, high blood pressure, high triglycerides, low levels of high density lipoproteins (HDL), and higher then normal blood glucose.

The study, ‘Incidence of metabolic syndrome among night-shift healthcare workers’, evaluated male and female nurses on night and day shifts for four years.

The study, published in the January edition of the BMJ Occupational and Environmental Medicine (OEM) journal, found the incidence of metabolic syndrome over the four years was 9 per cent among night-shift nurses and 1.8 per cent among day shift nurses.

The study added that the annual incidence was 2.9 percent among night-shift nurses and 0.5 per cent in day shift nurses.

For more details, visit OEM

 
 

Half a million people homeless

Top

Providing enough short-term shelter for the 500,000 people still homeless as a result of the recent earthquake in Haiti remains a top priority.

Some 60-80 per cent of buildings had been severally damaged in areas hit hard by the quake, said the January 29 Pan American Health Organisation (PAHO) situation report.

Demolition waste was estimated at tens of millions of tons.

‘…at least 30 sites have been identified to establish temporary tent communities in Port-au-Prince,’ the January 29 report said.

‘UN-HABITAT plans to implement a transitional housing technology developed during the Tsunami, using available rubble and debris in Haiti.’

Those wishing to donate to Haiti should go to the PAHO website and read the ‘Be a better donor’ guidelines.

For more details and donation guidelines, go to PAHO and ‘Be a better donor’ guidelines

 
 

Climate targets submitted

Top

The US, EU, China and India and other countries have submitted their climate change targets to the Copenhagen Accord.

The US target is a 17 per cent reduction in emissions by 2020 based on 2005 emissions, while the EU target is 20-30 per cent based on 1990 emissions, China’s target is 40-45 per cent based on 2005 emissions, and India’s target is 20-25 per cent based on 2005 emissions.

Other countries have also submitted their targets, such as New Zealand which has pledged emission reductions of 10-20 per cent based on 1990 emissions, and Norway has pledged 30-40 per cent reductions based on 1990 emissions.

Australia has pledged 5-25 per cent reductions based on 2000 emissions.

Most of the targets come with conditions attached.

For more details, visit UNFCCC

 
   


 
 

Queensland

Top

Queensland Diploma and Certificate IV Courses are open for 2010 enrolment. Contact your Learning and Development Coordinator on 1800 655 510 or enrol online now.

Diploma of Environmental Sustainability

Mackay February 22-26
Townsville March 8-12
Brisbane March 15-19

Diploma of Occupational Health and Safety

Brisbane February 15-18
Mackay March 22-25

Certificate IV of Occupational Health and Safety

Mackay February 22-26
Brisbane March 1-4
Townsville March 8-12

Queensland courses now enrolling include:

Rehabilitation Coordinator

Gold Coast 22-24 February
Mackay 22-24 March

Functioning as a Workplace Health & Safety Officer – Core Module

Gold Coast 15-19 February
Sunshine Coast 15-19 February
Mackay 15-19 February
Bundaberg 22-26 February

Manage Health and Safety in Industrial Workplaces

Townsville 15-17 February
Cairns 22-24 February
Brisbane 1-3 March
Mt Isa 22-24 March

To view our entire training calendar and book online, click here 2010 dates available now!

For more information call 1800 655 510 or email brisbane@nsca.org.au, mackay@nsca.org.au or townsville@nsca.org.au to register.

 
 

New South Wales / ACT

Top

A range of OHS&E training is offered across Sydney, Parramatta, Newcastle, Central Coast and Wollongong. Call 1800 655 510 or go to www.nsca.org.au for more information.

Be one of the first to study the Diploma of Environmental Sustainability! Call 1800 816 459 for details and enrol now!

Diploma of Environmental Sustainability

Newcastle Cycle 1: 1-4 March Cycle 2: 21-25 June
Canberra Cycle 1: 22-25 March Cycle 2: 21-25 June
Sydney Cycle 2: 3 – 7 May

Diploma of OHS

Newcastle Cycle 1: 9-12 February Cycle 2 3-6 May
Sydney Cycle 2: 27-30 April Cycle 1 5-8 July
Canberra Cycle 2:12-15 April Cycle 1:26-29 July

Certificate IV in OHS

Parramatta 22-26 March
Sydney 12-16 April
Canberra 19-23 April
Newcastle 17-21 May

Conduct an Audit RABQSA

Sydney 15-19 February and 19-23 April
Newcastle 15-19 March

Return to Work Coordinator Intro

Newcastle 25-26 February and 22-23 April
Sydney 18-19 March and 20-21 May
Parramatta 29-30 April and 10-11 June

OHS Consultation – OHS Workplace Committee / Representatives
(WorkCover accredited)

This course is designed for OHS committee members and OHS representatives. Participants will become familiar with the knowledge and skills necessary to apply the principals of workplace OHS consultation as an integral part of an effective OHS management system (OHSMS).

Wollongong 15, 16, 22, 23 February and 13, 14, 20, 21 April
Parramatta 17, 18, 24, 25 February and 17, 18, 24, 25 March
Sydney 1,2,8,9 March and 7,8,14,15 April
Newcastle 3,4,10, 11 March
Central Coast 3, 4, 10, 11 May

To view our training calendar and book online, click here

For more information call 1800 655 510 or email sydney@nsca.org.au or canberra@nsca.org.au to register.

 
 

Victoria

Top

WESTERN SUBURBS TRAINING NOW HELD AT WHITTEN OVAL
(HOME OF THE WESTERN BULLDOGS)

START THE NEW YEAR WITH A NEW QUALIFICATION

Diploma of Environmental Sustainability

Cycle 1: 9-12 March Cycle 2: 7-11 June

Get your Diploma or Certificate IV in OHS faster with NSCA Victoria

Diploma of OHS

NSCA has added more dates for the Diploma of OHS in Victoria:
Cycle 1: 15-18 February Cycle 2: 10 - 13 May

Look out for a Saturday Diploma, starting shortly.

New Certificate IV in OHS

Can now be completed in just 5 days.
22-26 February

Victorian courses now enrolling include:

Auditor Training (RABQSA)

Glen Waverley (Split Course) 16-18 & 23, 24 February

Initial 5 day OHS Course for HSRs, Managers & Supervisors

Glen Waverley 16-18 and 23&24 February
Whitten Oval (Home of the Western Bulldogs) 2-4 and 10&11 March (Split Course)

OHS Refresher Course for HSRs, Managers and Supervisors

Whitten Oval (Home of the Western Bulldogs) (WorkSafe approved) 16 February
Glen Waverley (WorkSafe approved) 15 March

WorkSafe Construction Induction Course

(Price Reduced to $150 per person including WorkSafe registration)
Glen Waverley 15 February
Whitten Oval (Home of the Western Bulldogs) 22 February

NSCA Victoria have partnered with VECCI to provide VECCI members with more courses at lower prices. Visit their calendar of training courses at www.vecci.org.au

To view our training calendar and book online, click here

Call 1800 655 510 or email melbourne@nsca.org.au to register.

 
 

Talking OHS Law with Michael Connolly,
special counsel for HWL Ebsworth

Top

This week he discusses the “Supervision of vulnerable employees”.

One important facet of the duty of employers to provide a safe workplace for employees is providing adequate supervision.

This obligation is heightened where young and inexperienced employees are concerned. The extent of supervision differs markedly from an experienced employee to a new or inexperienced employee, such as an apprentice or trainee.

Young and inexperienced workers are classified as vulnerable workers. Commentary in decided cases has regularly focussed on the need for heightened supervision of vulnerable workers.

Supervision of vulnerable workers was considered in the case of a 16 year old worker, Joel Exner who on his third day at work died when he fell through inadequately installed safety mesh at a building site in New South Wales on 15 October 2003. Issues relating to the safety of vulnerable workers is not a new issue, yet we continue to see instances where vulnerable workers are injured whilst at work, as the following two recently decided cases show. The cases involve injuries to apprentices, which occurred to a large degree because of a lack of supervision.

Inspector Rowe v Mintark Pty Ltd and Harvey

In this case a 19 year old apprentice fell 2 ½ metres whilst working unsupervised at a building site, sustaining serious injuries.

The employee was installing floor joists and sheet flooring at a housing development under the control of Mirvac Homes Pty Ltd.

The apprentice’s supervisor was elsewhere on site at the time of the incident resulting in the apprentice performing what was in effect “dogging” duties (for which he was totally unqualified) without any supervision when directing a crane driver to unload packs of floor sheeting onto the unsecured floor joists.

The weight of the pack of floor sheeting caused a floor joist to flip on its side and another to tilt resulting in the apprentice falling between the joists, landing on his back on the cement floor below.

In fining Mintark $115,000 Justice Marks of the Industrial Court of New South Wales was critical of the fact that the apprentice was performing such a risky task unsupervised. The employer’s breach was aggravated by the fact that the apprentice was also working at height without any fall prevention system and under a clearly ineffective and generic safe work method statement. Mintark’s working director was also fined.

This case highlights the fact that due to the inexperience of vulnerable workers they often do not have an appreciation of the safety risks at workplaces, in this case the risks associated with working at height on an unstable platform.

Inspector Dimitri Barlas v C & J Carpentry & Construction Pty Ltd & Ors

In a decision of Justice Backman in the Industrial Court of New South Wales on 4 August 2009 a subcontractor (C & J Carpentry & Construction Pty Ltd), the principle contractor and the respective directors of each of those companies were fined almost $200,000.00 after an incident involving a vulnerable employee.

In this case, a 15 year old first year apprentice carpenter who had been working for only four weeks fell 3 ½ metres through a void in a duplex under construction landing on the concrete floor below after the temporary guardrail had been removed. He suffered a hairline fracture of the skull which resulted in permanent injuries including deafness in the left ear, bruising to the brain and post traumatic stress disorder. As a result the injured apprentice has a reduced capacity to learn and cannot travel by air.

The Court heard that the apprentice had not been inducted and had not received any safety training apart from a direction to “be careful”.

The apprentice’s director was not on site on the day of the incident and another worker had been assigned to supervise him. However, in evidence before the Court the worker supposedly supervising the apprentice said that no one had directed him to do so, nor had he at any other time undertaken supervisory duties or received training in what was required to adequately supervise a young inexperienced worker.

Justice Backman highlighted the apprentice’s youth and inexperience and found that as a consequence he required close supervision and adequate training.

Conclusion

Both these cases highlight the fact that employers who employ young and inexperienced workers have a heightened duty to ensure that those workers are properly trained and receive direct supervision commensurate with their level of experience.

Employers are on notice that the Courts take a dim view of employers who do not adequately supervise young and vulnerable workers.

These cases are a timely reminder to employers that historically employ a large number of inexperienced and often young employees such as apprentices and trainees (including Local Government and State Government employers, and the construction industry) to implement safety systems, including specific safety policies, that recognise the unique safety risks facing vulnerable workers.

 
 

Visit the NSCA team at Safety In Action 2010

Top

 

Visit the NSCA team at Safety In Action from 20-22 April at the Melbourne Exhibition Centre and find out more about our extensive range of OHS&E resources, management systems, consulting and safety training available.

Ask us how our new labour hire service, OHS Outsource can help your business.

To find out more call 1800 655 510 or email natsafe@nsca.org.au

 
 

Total Plant Management 2010

Top

Event Date: 11-12 March 2010
Location: A Five Star Venue to be announced shortly in Melbourne, Australia

Total Plant Management 2010 forum addresses the top pressing issues faced by operators, manufacturers and producers on asset, people and compliance management to enhance plant availability, reliability and effectiveness.

This comprehensive event covers 3 major tracks: asset, people and compliance management for plant reliability and effectiveness. Follow your own agenda with a choice of 2 streams during breakout sessions:

Plenary: Keynotes and Compliance Management
Stream One: Critical Asset Management
Stream Two: Effective Resources Management

Key topics

  • Transforming your site into a world-class operation to achieve total plant efficiency
  • Upscaling your total plant performance against competitions
  • Strategically reassessing operational gaps to optimise cost savings and tailor near-term business plans and long-term viability
  • Increasing operating efficiencies by turning operational processes into strong organisational framework and strategy
  • Aligning people, safety and sustainable performance to drive the overall business objectives

Click here for more information.

* All NSCA members are entitled to a discount of 10% when registering with Ms. Esther. Please contact Ms. Esther for details and quote EN-NSCA during registration

For further details and brochures, please contact:
Ms. Esther Wong
Tel No: +603 2723 6736
Fax No: +612 9223 2352
Email add: estherw@marcusevanskl.com

 
 

OHS Consultant - Sydney

Top

Are you passionate about OH&S?

Become part of the highly regarded professional consulting team at Australia’s leading provider of OH&S services.

The National Safety Council of Australia (NSCA) is looking for suitably qualified and experienced consultants to assist our clients in a wide range of OHS&E projects working from our Sydney office. To find out more, click here.

 
 

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DISCLAIMER
The National Safety Council of Australia and its agents do not warrant the accuracy or currency of any information or data contained herein. The National Safety Council of Australia and its agents do not accept any responsibility or liability whatsoever with regard to the material in this publication. In no event shall the publisher or authors be liable for any incidental or consequential damages resulting from use of the material contained herein. This publication is not intended to be comprehensive or to render advice and members should rely on their own advice.

COPYRIGHT 2010(C). The National Safety Council of Australia Ltd.

This publication may be copied and redistributed, but not for profit, and only on condition that the source is acknowledged.

 

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