AUSTRALIA'S meat and poultry industry is under review after a worker was decapitated while cleaning a fast moving machine at a Melbourne factory, ABC News reports.
In August this year, Sarel Singh, 34, was killed instantly when he was sucked into a machine and decapitated while working at a Baiada poultry processing plant in Melbourne's west.
A preliminary report on the workplace death, obtained by ABC's Lateline, found Australia's largest poultry manufacturer had breached occupational health and safety laws by not controlling risks at the plant, ABC News reports.
WorkSafe Victoria told Lateline the entire industry was now also under review.
It said, when it came to workplace safety, employers needed to do more than the bare minimum and that they were responsible for all of their employees.
Tim Kennedy from the National Union of Workers (NUW) was horrified by the incident.
"It is absolutely horrific in a civilised society that we have now the fact that these things still occur, it is just not acceptable," he said, according to ABC News.
Six weeks earlier, Lateline revealed Baiada was already under investigation over claims of unlawful and unethical treatment of its majority migrant workforce.
Singh's brother, Harry, said Sarel had immigrated from India four years ago in the hope of finding a better life in Australia. But he said his brother had found his job at Baiada "hell" and that he was planning on returning to India. "He used to say that life working at that place was like a hell. It's a very hard job and he was tired of that job. But due to the burden of the loans and debts over here and in Australia too, he had to work over there and he was struggling hard."
According to NUW, Sarel had just finished a four-hour shift when he was asked to go back and re-clean a pack line area. Sarel was standing on a ladder hosing the area down when he was swept into a machine and decapitated.
Mr Kennedy said Sarel was not familiar with the line and that the chain line should have been stopped while it was being cleaned.
"Over time what has happened is the company, to maintain production, to maintain the returns they want to get, has pushed the risk to workers by speeding that chain up so they have run the chain 20 to 40 birds per minute and people have been asked to clean it," Mr Kennedy said, according to ABC News. "The night on which Mr Singh was killed the chain was running at absolute capacity."
The WorkSafe Victoria report confirmed the line was operating at the top speed of 183 birds a minute and that "by not adequately controlling the risks associated with this plant, [Baiada poultry] is in contravention of the requirements of section 21(1) and 21(2)(A) of the occupational health and safety act," ABC News reports.
Lateline reportedly sought comment from both Baiada and Ecowize, the company contracted to clean the production areas of the poultry plant, but had received no response. Harry told ABC News he was in shock over his brother's death.
Saturday, December 4, 2010
'Only losers get bullied in the office'
IT is probably not the advice that anyone who has dealt with a workplace bully wants to hear.
But conflict resolution expert Gavan Podbury says that people who call themselves bullying victims are "losers" who need to learn how to resolve their own disputes.
Mr Podbury, a social Researcher and presenter, has conducted seminars around Australia teaching individuals and corporations how to communicate more effectively and deal with conflict.
"A lot of people talk about bullying these days (and) I'm going to be contentious and say that only losers call themselves victims," Mr Podbury said.
"Think about it – once you're in a position where you are complaining about being bullied, you’ve already lost.
"Australians need to acquire conflict resolution skills and they need to get the motivation to use them."
Mr Podbury said developing tools for positively resolving conflict is essential because relying on colleagues to solve your problems will earn you a bad reputation.
HOW do you deal with workplace bullies? Tell us below.
"Everyone says they won’t hold a complaint against you but they will," he said.
"It's easy to get a reputation as a whinger or a complainer, if you don't develop the skills necessary to deal with difficult people."
Bullying's high on workplaces
A report released by the Productivity Commission in August this year found that “the average cost of claims for work-related mental stress were much higher than the average cost for all workers’ compensation claims.”
The report took National Safe Work Australia (SWA) data showing a total of 5950 accepted or successful mental stress claims in 2007-08.
Australian Human Resources Institute head Serge Sardo said employers are responsible by law for preventing bullying in the workplace.
"There is also a strong moral obligation that is often neglected," Mr Sardo said.
He said that while many workplaces were becoming more effective at educating employees about bullying there were still problems "where the rubber hits the road."
"Even the most assertive, empowered and confident employee will not address bullying directly if they believe the culture of the organisation, particularly the leadership culture is not one that encourages employees to be assertive," he said.
"By allowing abusive managers to continue without reprimand because they achieve high sales … (you) send a clear message to employees that regardless of the espoused rhetoric, bullying remains tolerated in this organisation."
Dealing with bullies
According to Mr Podbury, recognising different personality traits is the first step to resolving a conflict.
"People basically are born with one of four quite different temperaments," he said.
"I refer to them as the blue, gold, green and orange temperaments. Most managers tend to have the green temperament - they are driven to achieve outcomes and are often insensitive to people’s needs and feelings."
Orange types need to have the opportunity to vary what they do, Mr Pobury said.
"Being in the same job for a long time is death to them… expect oranges to be always looking for something new - and preferably something active that has some adventure."
This contrasts with those with a blue temperament. They tend to be "natural people's people" who care deeply for others and are sensitive to their needs.
"Blues want you to say hello to them in the morning, and may be deeply offended if you don't," he said.
Finally, gold types tend to make up the vast majority of administration workers, Mr Podbury said.
"They are people who crave predictability and structure, (so you should) tell them what you want and leave them alone.
"Whatever you do, do not change the position of the goal posts - this upsets and alienates them. Golds who are under stress whinge a lot."
Top tips for dealing with conflict:
Lifeline - 13 11 14 (24-hour help line) www.lifeline.org.au
"Think about it – once you're in a position where you are complaining about being bullied, you’ve already lost.
Mr Podbury said developing tools for positively resolving conflict is essential because relying on colleagues to solve your problems will earn you a bad reputation.
HOW do you deal with workplace bullies? Tell us below.
"It's easy to get a reputation as a whinger or a complainer, if you don't develop the skills necessary to deal with difficult people."
"Even the most assertive, empowered and confident employee will not address bullying directly if they believe the culture of the organisation, particularly the leadership culture is not one that encourages employees to be assertive," he said.
- Remember the 3 As - for every situation you are in you can accept, alter or avoid the problem.
- Tell people what you can do, not what you can’t do – presenting solutions to an identified problem will help defuse the situation.
- Behaviour that's ignored is behaviour that's endorsed – most people will ignore a behaviour they disapprove of but complain to their friends or co-workers.
- Not all problems are solvable - sometimes you need to know how to cut your losses.
- Some problems are solvable but the solutions are not palatable - dealing with conflict means you will sometimes have to make hard decisions.
For support an advice contact can be made with the following organisations.
SANE Australia on 1800 18 SANE (7263) www.SANE.org
Beyondblue Info Line 1300 22 4636 http://www.beyondblue.org.au/
Friday, December 3, 2010
Ark Tribe victory
Thousands of cheering workers greeted Ark Tribe as he left the Adelaide Magistrates Court last Wednesday. Magistrate David Whittle had just announced his verdict – “not guilty” of the charges brought by the Australian Building and Construction Commission (ABCC). The scaffolder had endured 18 months of uncertainty and 11 court appearances. Six months jail had hung over his head as he became a target of the much-loathed building industry spy outfit.
Every step of the way to this victory, Ark had the support of his union (the CFMEU), the broader trade union movement and the community. The law in countries like Australia pretends that it operates in splendid isolation but there is no doubt that the judgement was achieved by the magnificent campaign waged to ensure that Ark was not sent to jail for sticking up for his rights in the workplace.
The original charges were laid when Ark refused to attend an interrogation to be conducted by the ABCC regarding a workplace meeting at a construction site at Flinders University in 2008. At the meeting, the workers had drawn up a long list of hazards that they wanted fixed for their own safety. A building worker dies nearly every week on Australian construction sites but the Howard era ABCC has not targeted shonky contractors or unsafe working practices: it has gone gunning for union members. Ark Tribe was going to be made an example for others – organise on the job and you will be hounded and punished.
Every one of Ark’s court appearances drew large and vocal demonstrations. Protests were held in other Australian capitals and regional centres. Supporters even gathered in London to voice their support. Messages of solidarity were sent to the CFMEU from unions all over the world.
In the end, the magistrate found that the Deputy ABCC Commissioner had not conducted the investigation according to the relevant legislation and had not received lawful delegation from the Commissioner. This wasn’t a matter of “getting off on a technicality”, however.
The case showed that the ABCC was prepared to go beyond what the magistrate called its “significant and intrusive powers” under section 52 of the Act to get Ark Tribe and others like him.
The ABCC is reported to have spent around $1 million of taxpayers’ money on the exercise. It has now squandered $100 million on its war on building unions – money that should have been spent on urgent social needs including workplace safety.
The verdict is a victory but the campaign must go on. The legislation is still on the books and the ABCC will no doubt learn from this experience for next time. Its reputation has taken a hit but even more pressure must be built to make sure it is abolished and not restored in some other guise. Newly appointed ABCC Commissioner Leigh Johns expressed “sympathy” for construction workers for being singled out for attention by a body like the ABCC. “We don’t want his sympathy - we want equal rights,” CFMEU Construction and General national secretary Dave Noonan said.
The Gillard government tries to hide its shame over the issue by claiming a new body will be established within Fair Work Australia. It will still be a “tough cop on the beat” but will somehow shake off the appalling reputation of its forerunner. It will, in fact, be a rebadged ABCC. The Greens are set to challenge Gillard over the matter in parliament and have consistently called for the abolition of the ABCC. As things stand, the Liberals would vote with the government to thwart any such effort. The movement in the community must be strengthened to show that there will be a political cost to the major parties if the anti-union outfit is not given a fitting burial.
“Today’s verdict will see Australian unions redouble their efforts to have these unfair and unjust laws abolished. These laws criminalise legitimate industrial activity and deny building workers the right to silence,” ACTU secretary Ged Kearney said last week. It will be a challenge to do that without the focus of a case like Ark Tribe’s but it must be done so that others are not put through the hell suffered by that courageous construction worker.
Every step of the way to this victory, Ark had the support of his union (the CFMEU), the broader trade union movement and the community. The law in countries like Australia pretends that it operates in splendid isolation but there is no doubt that the judgement was achieved by the magnificent campaign waged to ensure that Ark was not sent to jail for sticking up for his rights in the workplace.
The original charges were laid when Ark refused to attend an interrogation to be conducted by the ABCC regarding a workplace meeting at a construction site at Flinders University in 2008. At the meeting, the workers had drawn up a long list of hazards that they wanted fixed for their own safety. A building worker dies nearly every week on Australian construction sites but the Howard era ABCC has not targeted shonky contractors or unsafe working practices: it has gone gunning for union members. Ark Tribe was going to be made an example for others – organise on the job and you will be hounded and punished.
Every one of Ark’s court appearances drew large and vocal demonstrations. Protests were held in other Australian capitals and regional centres. Supporters even gathered in London to voice their support. Messages of solidarity were sent to the CFMEU from unions all over the world.
In the end, the magistrate found that the Deputy ABCC Commissioner had not conducted the investigation according to the relevant legislation and had not received lawful delegation from the Commissioner. This wasn’t a matter of “getting off on a technicality”, however.
The case showed that the ABCC was prepared to go beyond what the magistrate called its “significant and intrusive powers” under section 52 of the Act to get Ark Tribe and others like him.
The ABCC is reported to have spent around $1 million of taxpayers’ money on the exercise. It has now squandered $100 million on its war on building unions – money that should have been spent on urgent social needs including workplace safety.
The verdict is a victory but the campaign must go on. The legislation is still on the books and the ABCC will no doubt learn from this experience for next time. Its reputation has taken a hit but even more pressure must be built to make sure it is abolished and not restored in some other guise. Newly appointed ABCC Commissioner Leigh Johns expressed “sympathy” for construction workers for being singled out for attention by a body like the ABCC. “We don’t want his sympathy - we want equal rights,” CFMEU Construction and General national secretary Dave Noonan said.
The Gillard government tries to hide its shame over the issue by claiming a new body will be established within Fair Work Australia. It will still be a “tough cop on the beat” but will somehow shake off the appalling reputation of its forerunner. It will, in fact, be a rebadged ABCC. The Greens are set to challenge Gillard over the matter in parliament and have consistently called for the abolition of the ABCC. As things stand, the Liberals would vote with the government to thwart any such effort. The movement in the community must be strengthened to show that there will be a political cost to the major parties if the anti-union outfit is not given a fitting burial.
“Today’s verdict will see Australian unions redouble their efforts to have these unfair and unjust laws abolished. These laws criminalise legitimate industrial activity and deny building workers the right to silence,” ACTU secretary Ged Kearney said last week. It will be a challenge to do that without the focus of a case like Ark Tribe’s but it must be done so that others are not put through the hell suffered by that courageous construction worker.
Aluminium processors continue to invest
Investment continues in major new aluminium production plants, while a new process could reduce the industry's huge energy bills. Sean Ottewell reports.
The Ma'aden-Alcoa joint venture has selected Wagstaff to supply the joint venture's vertical direct chill casting complex with t-ingot, rolling ingot, and extrusion billet casting equipment. The contract includes capital equipment and technology to produce aluminium rolling ingot and extrusion billet at the casting complex, currently under construction and scheduled to start production in 2013 in Ras Az Zawr, Saudi Arabia.
The greenfield smelter and rolling mill comprise the first of two phases in this super-project, which will leverage Saudi Arabia's bauxite and energy resources with Alcoa know-how, management expertise and support to create what the jv describes as the world's largest and lowest cost fully integrated aluminium manufacturing complex.
The rolling mill will be the region's first and one of the most technologically advanced in the world and will primarily produce can stock, end stock and tab stock for the regional market. It will have initial hot-mill capacity of between 250,000 and 460,000 metric tons per year.
The new contract for the casting complex supply includes Wagstaff leading edge ingot and billet casting systems, as well as integrated automated controls, which have been shown to deliver improved recovery rates, and higher levels of workplace convenience and safety. The casting facility will also feature Alcoa's advanced proprietary ingot casting technology which yields highly improved surface finish to rolling ingots with consequential gains in rolling efficiency and product quality.
"As a longstanding, dedicated supplier to global Alcoa casting facilities and with many successful greenfield installations in the Middle East and around the world, Wagstaff is uniquely positioned to provide precision, state-of-the-art direct chill casting equipment to the Ma'aden Alcoa joint venture, and to remain a constant resource from current equipment design activities through delivery, commissioning, operator training, post-startup technical support, and beyond," said Ray Kilmer, vice president, Alcoa Global Rolled Products.
Meanwhile, primary aluminium production at the Qatalum plant in Qatar is expected to recommence shortly. The plant had been shut down since 9th August when a power outage caused the cells to cool down and the liquid metal to solidify.
The clean-out of the 444 cells that were affected by the power outage, which lasted nearly five hours, is well underway. The Qatalum organisation has since, with the strong support of both owners, focused on preparing the cells for a safe and secure restart, investigating the causes and effects of the incident and implementing mitigating actions.
According to external and internal experts investigating the incident, the long-lasting outage was due to unexpected technical difficulties in restarting the power plant after it was closed down by an external earth fault, which also disrupted Qatalum's connection to the national grid in Qatar.
Despite strong efforts to restore power supply, the duration of the outage caused the cells to cool down and the liquids to solidify. The primary aluminium production was subsequently shut down. The root causes of the incident have been identified and are being rectified.
"I am pleased that Qatalum now is in the position to resume production shortly. It is of course most unfortunate that such a setback should hit us now, as we were in good progress of ramping up the plant towards full production. At the same time we are glad that the events did not lead to any injuries," says Abdulla Salatt, chairman of the board of directors.
"Our prime objective is to prevent similar incidents in the future, and I am confident that we have technical solutions and routines in order to achieve this. The Qatalum organisation has put in a tremendous effort in mitigating the consequences of this unfortunate incident. Internal and external resources have been mobilised to ensure a safe and quick restart. Regional smelters provided support and shared expertise, equipment and materials," says Qatalum's ceo Jan Arve Haugan.
Qatalum's insurance coverage related to the incident is considered robust: "We have insurance related to property damage and loss due to business interruption and we are in a constructive dialogue with our insurers to determine the financial impacts of this incident," Haugan says.
Qatalum is a 50-50 joint venture between Qatar Petroleum and Norsk Hydro. When complete, it will be one of the most modern, energy-efficient and environmentally high-performing aluminium plant in the world, with an annual production capacity of 585,000 tonnes of aluminium. The plant has a total of 704 cells .
In Australia, Melbourne-based company Calsmelt has completed a 'concept proof' stage of technology development for its Thermical process. Calsmelt holds an exclusive worldwide license to the novel carbothermic smelting technology for aluminium production developed by the Australian company Thermical.
Calsmelt co-founder and interim ceo Dr Greg Smith described Thermical technology as a significant breakthrough for the production of aluminium at a significantly lower cost, and in a much more environmentally friendly manner: "Calsmelt is delighted that its work on the Thermical technology has now been proven to the point that within a couple of years we will be ready to build a first small, but commercially viable plant."
Calsmelt's chief scientist, co-founder and technology inventor Dr Yaghoub Sayad-Yaghoubi commented: "For around 70 years now, the aluminium industry has been searching for a suitable carbothermic technology to smelt aluminium in a similar manner to the way steel is produced. Such a technology would help it overcome the well-known limitations of the industry's current, pervasive electrochemical approach. While some promising approaches were considered over the last two decades, these were found to have significant shortcomings that prevented their commercial introduction. Our Thermical technology overcomes all of these limitations and finally creates real potential for the industry move to carbothermic smelting for aluminium - at a time when the industry is under economic and environment pressure."
He added: "We believe that Thermical technology will insure a competitive future for the aluminium industry by drastically reducing the costs and environmental footprint of metal production. Capital costs will be reduced by 77-80 per cent, while the operational cost will be lowered by about 40 per cent. Power consumption will be about 40 per cent lower. The currently troubling fluoride emissions found in the electrochemical process will be completely eliminated and the quantity of generated gases will be significantly lower. Thus, the global warming potential of the Thermical process will be 40-60 per cent lower than in the current electrochemical process."
The first stage of the Thermical process requires significantly lower temperature and does not produce any gas. Unlike the conventional process, therefore, it does not require a separate fume collection and treatment system at this stage. The second stage of the process operates at a lower temperature than conventional carbothermic processes, too, reducing cost of gas collection and treatment, while ensuring lower carbon content in the produced metal.
The Ma'aden-Alcoa joint venture has selected Wagstaff to supply the joint venture's vertical direct chill casting complex with t-ingot, rolling ingot, and extrusion billet casting equipment. The contract includes capital equipment and technology to produce aluminium rolling ingot and extrusion billet at the casting complex, currently under construction and scheduled to start production in 2013 in Ras Az Zawr, Saudi Arabia.
The greenfield smelter and rolling mill comprise the first of two phases in this super-project, which will leverage Saudi Arabia's bauxite and energy resources with Alcoa know-how, management expertise and support to create what the jv describes as the world's largest and lowest cost fully integrated aluminium manufacturing complex.
The rolling mill will be the region's first and one of the most technologically advanced in the world and will primarily produce can stock, end stock and tab stock for the regional market. It will have initial hot-mill capacity of between 250,000 and 460,000 metric tons per year.
The new contract for the casting complex supply includes Wagstaff leading edge ingot and billet casting systems, as well as integrated automated controls, which have been shown to deliver improved recovery rates, and higher levels of workplace convenience and safety. The casting facility will also feature Alcoa's advanced proprietary ingot casting technology which yields highly improved surface finish to rolling ingots with consequential gains in rolling efficiency and product quality.
"As a longstanding, dedicated supplier to global Alcoa casting facilities and with many successful greenfield installations in the Middle East and around the world, Wagstaff is uniquely positioned to provide precision, state-of-the-art direct chill casting equipment to the Ma'aden Alcoa joint venture, and to remain a constant resource from current equipment design activities through delivery, commissioning, operator training, post-startup technical support, and beyond," said Ray Kilmer, vice president, Alcoa Global Rolled Products.
Meanwhile, primary aluminium production at the Qatalum plant in Qatar is expected to recommence shortly. The plant had been shut down since 9th August when a power outage caused the cells to cool down and the liquid metal to solidify.
The clean-out of the 444 cells that were affected by the power outage, which lasted nearly five hours, is well underway. The Qatalum organisation has since, with the strong support of both owners, focused on preparing the cells for a safe and secure restart, investigating the causes and effects of the incident and implementing mitigating actions.
According to external and internal experts investigating the incident, the long-lasting outage was due to unexpected technical difficulties in restarting the power plant after it was closed down by an external earth fault, which also disrupted Qatalum's connection to the national grid in Qatar.
Despite strong efforts to restore power supply, the duration of the outage caused the cells to cool down and the liquids to solidify. The primary aluminium production was subsequently shut down. The root causes of the incident have been identified and are being rectified.
"I am pleased that Qatalum now is in the position to resume production shortly. It is of course most unfortunate that such a setback should hit us now, as we were in good progress of ramping up the plant towards full production. At the same time we are glad that the events did not lead to any injuries," says Abdulla Salatt, chairman of the board of directors.
"Our prime objective is to prevent similar incidents in the future, and I am confident that we have technical solutions and routines in order to achieve this. The Qatalum organisation has put in a tremendous effort in mitigating the consequences of this unfortunate incident. Internal and external resources have been mobilised to ensure a safe and quick restart. Regional smelters provided support and shared expertise, equipment and materials," says Qatalum's ceo Jan Arve Haugan.
Qatalum's insurance coverage related to the incident is considered robust: "We have insurance related to property damage and loss due to business interruption and we are in a constructive dialogue with our insurers to determine the financial impacts of this incident," Haugan says.
Qatalum is a 50-50 joint venture between Qatar Petroleum and Norsk Hydro. When complete, it will be one of the most modern, energy-efficient and environmentally high-performing aluminium plant in the world, with an annual production capacity of 585,000 tonnes of aluminium. The plant has a total of 704 cells .
In Australia, Melbourne-based company Calsmelt has completed a 'concept proof' stage of technology development for its Thermical process. Calsmelt holds an exclusive worldwide license to the novel carbothermic smelting technology for aluminium production developed by the Australian company Thermical.
Calsmelt co-founder and interim ceo Dr Greg Smith described Thermical technology as a significant breakthrough for the production of aluminium at a significantly lower cost, and in a much more environmentally friendly manner: "Calsmelt is delighted that its work on the Thermical technology has now been proven to the point that within a couple of years we will be ready to build a first small, but commercially viable plant."
Calsmelt's chief scientist, co-founder and technology inventor Dr Yaghoub Sayad-Yaghoubi commented: "For around 70 years now, the aluminium industry has been searching for a suitable carbothermic technology to smelt aluminium in a similar manner to the way steel is produced. Such a technology would help it overcome the well-known limitations of the industry's current, pervasive electrochemical approach. While some promising approaches were considered over the last two decades, these were found to have significant shortcomings that prevented their commercial introduction. Our Thermical technology overcomes all of these limitations and finally creates real potential for the industry move to carbothermic smelting for aluminium - at a time when the industry is under economic and environment pressure."
He added: "We believe that Thermical technology will insure a competitive future for the aluminium industry by drastically reducing the costs and environmental footprint of metal production. Capital costs will be reduced by 77-80 per cent, while the operational cost will be lowered by about 40 per cent. Power consumption will be about 40 per cent lower. The currently troubling fluoride emissions found in the electrochemical process will be completely eliminated and the quantity of generated gases will be significantly lower. Thus, the global warming potential of the Thermical process will be 40-60 per cent lower than in the current electrochemical process."
The first stage of the Thermical process requires significantly lower temperature and does not produce any gas. Unlike the conventional process, therefore, it does not require a separate fume collection and treatment system at this stage. The second stage of the process operates at a lower temperature than conventional carbothermic processes, too, reducing cost of gas collection and treatment, while ensuring lower carbon content in the produced metal.
Inquiry will look at cause, emergency response
A royal commission of inquiry into the Pike River disaster will look at the causes of the explosion and the initial response by rescuers.
Prime Minister John Key said yesterday the inquiry would be a royal commission, instead of the initially proposed commission of inquiry.
Although commissions of inquiry are usually used for disasters, Mr Key said on the Q&A television show he decided on a royal commission instead to show how seriously the government took the issue.
The miners' union, the Engineering, Printing and Manufacturing Union (EPMU), had also asked for a royal commission.
Royal commissions are seen as being the highest status of inquiry, although there are no differences in the powers held by the two types of inquiry.
"I think it's a demonstration to the 29 families that we are taking this inquiry absolutely seriously, that we are determined to get answers for those families," Mr Key said.
Cabinet is expected to approve the proposal today.
Mr Key said its terms of reference would be broad and were likely to include both the causes of the disaster and the initial response of rescuers.
He said it was still not known what caused the blast.
"But what I do know is that those very hard questions have to be asked and answered. Because in the end the future of Pike River and underground coal mining in New Zealand rests on this.
The commission of three will be led by a High Court judge, and is likely to include a mining industry expert from Australia.
The EPMU has asked for an expert in work rights and workplace health and safety to be the third commissioner.
The hearings are likely to be in Greymouth.
Department of Internal Affairs guidelines state inquiries into disasters should be held in a centre close to the scene to allow attendance by families and friends of those affected.
Mr Key said the inquiry could take months, but could be slowed down while other inquiries went on.
As well as a coronial inquiry, the Department of Labour, police, and Pike River all had inquiries in progress.
Mr Key said it was possible legal action would follow from those inquiries, such as police laying charges.
He did not expect the mine to reopen until the reasons for the disaster were known.
EPMU national secretary Andrew Little said the union requested a royal commission because of the higher status it was considered to have.
Mr Little said the union would appear before the commission, and expected to call its own expert evidence.
It was setting up a full legal team team for the inquiry, and he expected the union to represent the interests of miners and their families, regardless of whether the miners were union members or not.
Under the rules for commissions of inquiry, the commission itself may summons witnesses, and must also hear from people with an interest in the inquiry who request to be heard.
Labour leader Phil Goff agreed that somebody with the status of a High Court judge should head the commission, saying it was important to have somebody with the necessary expertise as well as independence.
He also agreed that bringing in an international mining industry expert was important because such a person would not be associated with the New Zealand industry.
Prime Minister John Key said yesterday the inquiry would be a royal commission, instead of the initially proposed commission of inquiry.
Although commissions of inquiry are usually used for disasters, Mr Key said on the Q&A television show he decided on a royal commission instead to show how seriously the government took the issue.
The miners' union, the Engineering, Printing and Manufacturing Union (EPMU), had also asked for a royal commission.
Royal commissions are seen as being the highest status of inquiry, although there are no differences in the powers held by the two types of inquiry.
"I think it's a demonstration to the 29 families that we are taking this inquiry absolutely seriously, that we are determined to get answers for those families," Mr Key said.
Cabinet is expected to approve the proposal today.
Mr Key said its terms of reference would be broad and were likely to include both the causes of the disaster and the initial response of rescuers.
He said it was still not known what caused the blast.
"But what I do know is that those very hard questions have to be asked and answered. Because in the end the future of Pike River and underground coal mining in New Zealand rests on this.
The commission of three will be led by a High Court judge, and is likely to include a mining industry expert from Australia.
The EPMU has asked for an expert in work rights and workplace health and safety to be the third commissioner.
The hearings are likely to be in Greymouth.
Department of Internal Affairs guidelines state inquiries into disasters should be held in a centre close to the scene to allow attendance by families and friends of those affected.
Mr Key said the inquiry could take months, but could be slowed down while other inquiries went on.
As well as a coronial inquiry, the Department of Labour, police, and Pike River all had inquiries in progress.
Mr Key said it was possible legal action would follow from those inquiries, such as police laying charges.
He did not expect the mine to reopen until the reasons for the disaster were known.
EPMU national secretary Andrew Little said the union requested a royal commission because of the higher status it was considered to have.
Mr Little said the union would appear before the commission, and expected to call its own expert evidence.
It was setting up a full legal team team for the inquiry, and he expected the union to represent the interests of miners and their families, regardless of whether the miners were union members or not.
Under the rules for commissions of inquiry, the commission itself may summons witnesses, and must also hear from people with an interest in the inquiry who request to be heard.
Labour leader Phil Goff agreed that somebody with the status of a High Court judge should head the commission, saying it was important to have somebody with the necessary expertise as well as independence.
He also agreed that bringing in an international mining industry expert was important because such a person would not be associated with the New Zealand industry.
Victorian employer fined $120K over death as horror week gets worse
WorkSafe Victoria has slammed a high-risk-industry employer - which has been fined over a workplace fatality - for failing to provide employees with the "highest possible" safety standards. Also in this article, a bad week for Victorian workplaces has gotten worse with three deaths.
Forestry employer Carter Holt Harvey Woodproducts Australia Pty Ltd (now part of BSG Holdings Pty Ltd) was on Tuesday fined $120,000 in the Magistrates Court over a January 2008 incident in which a 35-year-old worker was killed by a falling hoist.
The 1.5-tonne hoist was being used to stack timber into packs, when it became jammed by a piece of wood. When the worker dislodged the wood with a sledge hammer, the hoist fell and crushed her.
"We'd expect a company which is part of a major player in the forestry industry to be leading the way on health and safety; clearly this wasn't the case," WorkSafe head of health and safety Ian Forsyth said following Magistrate Fiona Hayes's decision.
"Timber milling is high-risk work, so employers need to be providing the highest possible level of protection for their workers."
Bad week gets worse
The decision (which is not available online) comes as WorkSafe Victoria investigates three workplace fatalities in separate incidents in the State in the space of a week.
As reported by OHS Alert last week, Forsyth declared that it was lucky no one was killed following four serious workplace accidents in four days.
Unfortunately, the meatworks employee whose head and upper body were crushed when the hydraulics of the "knocking box" he was cleaning were activated has since died of his injuries.
Several days later an electrician died from electric-shock injuries sustained while repairing a switchboard. And on Wednesday, an excavator operator was killed when his vehicle was swamped in a sand quarry collapse.
"In these three incidents, and in the workplace fatality [above], people went to work with the expectation of getting home safely at the end of the day," Forsyth said.
"Employers must take more action to understand and control safety risks in their own workplaces. As an absolute basic requirement, employers should be training and supervising workers, and taking all practicable steps to prevent safety incidents from happening."
WorkSafe spokesperson Michael Birt told OHS Alert that the Victorian workplace-fatality rate typically increased in the lead up to Christmas.
He said that during this busy period employers must take the time to ensure work is performed safely, ensure proper procedures are in place, and communicate with employees.
Birt noted that most people only hear about high-profile incidents in which workers are killed. But in addition to these, about 70 Victorian workers sustain life-threatening injuries every year, and nearly 29,000 workers' compensation claims are made.
The latter have a considerable human and commercial cost, he said, adding that employers that invest heavily in safety reap "enormous benefits".
Spending money on OHS not only reduces incidents and subsequent compensation and ongoing medical costs, but significantly reduces absences and establishes the organisation as an employer of choice, he said.
Forestry employer Carter Holt Harvey Woodproducts Australia Pty Ltd (now part of BSG Holdings Pty Ltd) was on Tuesday fined $120,000 in the Magistrates Court over a January 2008 incident in which a 35-year-old worker was killed by a falling hoist.
The 1.5-tonne hoist was being used to stack timber into packs, when it became jammed by a piece of wood. When the worker dislodged the wood with a sledge hammer, the hoist fell and crushed her.
"We'd expect a company which is part of a major player in the forestry industry to be leading the way on health and safety; clearly this wasn't the case," WorkSafe head of health and safety Ian Forsyth said following Magistrate Fiona Hayes's decision.
"Timber milling is high-risk work, so employers need to be providing the highest possible level of protection for their workers."
Bad week gets worse
The decision (which is not available online) comes as WorkSafe Victoria investigates three workplace fatalities in separate incidents in the State in the space of a week.
As reported by OHS Alert last week, Forsyth declared that it was lucky no one was killed following four serious workplace accidents in four days.
Unfortunately, the meatworks employee whose head and upper body were crushed when the hydraulics of the "knocking box" he was cleaning were activated has since died of his injuries.
Several days later an electrician died from electric-shock injuries sustained while repairing a switchboard. And on Wednesday, an excavator operator was killed when his vehicle was swamped in a sand quarry collapse.
"In these three incidents, and in the workplace fatality [above], people went to work with the expectation of getting home safely at the end of the day," Forsyth said.
"Employers must take more action to understand and control safety risks in their own workplaces. As an absolute basic requirement, employers should be training and supervising workers, and taking all practicable steps to prevent safety incidents from happening."
WorkSafe spokesperson Michael Birt told OHS Alert that the Victorian workplace-fatality rate typically increased in the lead up to Christmas.
He said that during this busy period employers must take the time to ensure work is performed safely, ensure proper procedures are in place, and communicate with employees.
Birt noted that most people only hear about high-profile incidents in which workers are killed. But in addition to these, about 70 Victorian workers sustain life-threatening injuries every year, and nearly 29,000 workers' compensation claims are made.
The latter have a considerable human and commercial cost, he said, adding that employers that invest heavily in safety reap "enormous benefits".
Spending money on OHS not only reduces incidents and subsequent compensation and ongoing medical costs, but significantly reduces absences and establishes the organisation as an employer of choice, he said.
Work continues on workplace safety
Consultations on the model work health and safety laws have entered their second phase with the Chair of Safe Work Australia, Tom Phillips inviting public comment.
The draft model Work Health and Safety Regulations and priority model Codes of Practice aim to achieve the best possible approach to health and safety for all Australian workplaces and will be released next month for comment.
Safe Work Australia is working in partnership with the Federal, State and Territory Governments in an effort to deliver harmonised work health and safety laws across the country by the end of December next year.
Mr Phillips said the public comment period – which would run for four months – would allow individuals and organisations to participate in the development of the model Work Health and Safety Regulations and priority model Codes of Practice and have their say.
“We need your views to ensure the model Work Health and Safety Regulations and priority model Codes of Practice are relevant to all Australian workplaces,” Mr Phillips said.
“Model work health and safety laws will allow organisations to effectively manage workplace safety and work to one set of laws regardless of how many States or Territories they are operating in.
“This will increase profitability and productivity and most importantly, lead to improved safety for workers and greater certainty for employers.”
The Workplace Relations Ministers’ Council endorsed the Model Work Health and Safety (WHS) Act last year.
To support the model WHS Act, Safe Work Australia has developed the exposure draft of the model Work Health and Safety Regulations, priority model Codes of Practice, a Discussion Paper and Consultation Regulatory Impact Statement.
The draft model Work Health and Safety Regulations and priority model Codes of Practice aim to achieve the best possible approach to health and safety for all Australian workplaces and will be released next month for comment.
Safe Work Australia is working in partnership with the Federal, State and Territory Governments in an effort to deliver harmonised work health and safety laws across the country by the end of December next year.
Mr Phillips said the public comment period – which would run for four months – would allow individuals and organisations to participate in the development of the model Work Health and Safety Regulations and priority model Codes of Practice and have their say.
“We need your views to ensure the model Work Health and Safety Regulations and priority model Codes of Practice are relevant to all Australian workplaces,” Mr Phillips said.
“Model work health and safety laws will allow organisations to effectively manage workplace safety and work to one set of laws regardless of how many States or Territories they are operating in.
“This will increase profitability and productivity and most importantly, lead to improved safety for workers and greater certainty for employers.”
The Workplace Relations Ministers’ Council endorsed the Model Work Health and Safety (WHS) Act last year.
To support the model WHS Act, Safe Work Australia has developed the exposure draft of the model Work Health and Safety Regulations, priority model Codes of Practice, a Discussion Paper and Consultation Regulatory Impact Statement.
Harmonised Regulations to be released in December, SWA confirms
Safe Work Australia has confirmed that the draft model Work Health and Safety Regulations and priority model Codes of Practice will be released for comment in December.
The public consultation period will last for four months, before a final "Regulations package" is handed to the Workplace Relations Ministers' Council for approval, most likely in June 2011.
Drafting the Regulations has reportedly been complicated and laborious, with Work Cover NSW health and safety boss John Watson - who represents NSW on the Safe Work Australia Council Strategic Issues Group - describing the process at the recent Safety Conference in Sydney as akin to removing your own teeth with a pair of pliers.
Watson implored all stakeholders to comment on the draft Regulations and Codes.
The OHS harmonization process was thrown into turmoil in October, with NSW Premier Kristina Keneally threatening to withdraw if the State could not retain union-led prosecutions and reverse-onus laws
The public consultation period will last for four months, before a final "Regulations package" is handed to the Workplace Relations Ministers' Council for approval, most likely in June 2011.
Drafting the Regulations has reportedly been complicated and laborious, with Work Cover NSW health and safety boss John Watson - who represents NSW on the Safe Work Australia Council Strategic Issues Group - describing the process at the recent Safety Conference in Sydney as akin to removing your own teeth with a pair of pliers.
Watson implored all stakeholders to comment on the draft Regulations and Codes.
The OHS harmonization process was thrown into turmoil in October, with NSW Premier Kristina Keneally threatening to withdraw if the State could not retain union-led prosecutions and reverse-onus laws
Thursday, December 2, 2010
No charges to be laid after death
A REPORT by the coroner and workplace safety officials has recommended no charges be laid following the death of Ipswich resident Christopher Fenton in a workplace incident last year.
Mr Fenton, 18, was crushed to death by the forklift he was operating on October 5 last year during a shift at Foodpartners, the meat-processing department at JBS Swift abattoir at Dinmore.
He had worked there for about six weeks according to his family, who had previously criticised investigators for not keeping them up to date on the progress of their report.
An investigation by Queensland Workplace Health and Safety (WPHS) officials was initiated straight after the incident and only recently wrapped up.
“A thorough investigation was undertaken by workplace, health and safety inspectors into this tragic incident,” a spokesman said in a statement.
“After full consideration of all the relevant factors of the matter by Workplace Health and Safety legal officers it was determined that charges would not be laid.”
They said Mr Fenton’s family are aware of the report’s findings but the confidential WPHS report will not be made public.
A Queensland Coroner’s report has also investigated the matter.
“The matter was investigated by the Coroner. The Coroner has finalised his investigation,” a spokesman said Mr Fenton’s mother Elizabeth Fenton and sister Rebecca Fenton said they still had concerns about the circumstances surrounding his death.
JBS Swift Australia said they will not comment on the report.
Mr Fenton, 18, was crushed to death by the forklift he was operating on October 5 last year during a shift at Foodpartners, the meat-processing department at JBS Swift abattoir at Dinmore.
He had worked there for about six weeks according to his family, who had previously criticised investigators for not keeping them up to date on the progress of their report.
An investigation by Queensland Workplace Health and Safety (WPHS) officials was initiated straight after the incident and only recently wrapped up.
“A thorough investigation was undertaken by workplace, health and safety inspectors into this tragic incident,” a spokesman said in a statement.
“After full consideration of all the relevant factors of the matter by Workplace Health and Safety legal officers it was determined that charges would not be laid.”
They said Mr Fenton’s family are aware of the report’s findings but the confidential WPHS report will not be made public.
A Queensland Coroner’s report has also investigated the matter.
“The matter was investigated by the Coroner. The Coroner has finalised his investigation,” a spokesman said Mr Fenton’s mother Elizabeth Fenton and sister Rebecca Fenton said they still had concerns about the circumstances surrounding his death.
JBS Swift Australia said they will not comment on the report.
Focus on training and retraining staff slashes injury rate by 81%
A Western Australian employer that invests heavily in training and retaining employees and subcontractors - even when work is scarce - has slashed its injury frequency rate by 81 per cent.
Several years ago, Park Engineers founder Giulio Azzalini and his son Gary realised their health and safety system "wasn't up to scratch", and spared no expense updating it, the company's workshop and HSE manager Geoff Collins told OHS Alert.
Collins says that after professional consultants were engaged to develop and implement a customised system, he was granted the freedom - and the budget - to fine-tune it.
The resulting system was announced the best private-sector safety and health management system at Western Australia's recent Work Safety Awards.
"I've got an unlimited budget," Collins says. "If there's a safety thing or a new initiative out in the market there's no questions asked. I'm allowed to just go for it. When you've got your support from senior management like that, it makes your job so much easier."
These days, the company places a strong emphasis on training employees and subcontractors and encouraging staff to come forward with concerns.
When a hazard is reported, "no matter how big or small", it is taken seriously, and the employee is congratulated. When Park Engineers won another safety award last year, thank-you jackets were given to all workers, including contractors and office staff. The company also provides benefits such as prescription safety glasses.
In the past six years, accidents and incidents have dropped significantly and morale has improved, Collins says. The injury frequency rate has dropped from 31.7 per million hours worked to 6.1, workers' compensation premiums have dropped from 7.75 per cent of payroll to 2.25 per cent, and days lost have fallen from 38 to 5.
But "the biggest benefit" for the company, he says, is the low turnover of staff and subcontractors.
Several years ago, Park Engineers founder Giulio Azzalini and his son Gary realised their health and safety system "wasn't up to scratch", and spared no expense updating it, the company's workshop and HSE manager Geoff Collins told OHS Alert.
Collins says that after professional consultants were engaged to develop and implement a customised system, he was granted the freedom - and the budget - to fine-tune it.
The resulting system was announced the best private-sector safety and health management system at Western Australia's recent Work Safety Awards.
"I've got an unlimited budget," Collins says. "If there's a safety thing or a new initiative out in the market there's no questions asked. I'm allowed to just go for it. When you've got your support from senior management like that, it makes your job so much easier."
These days, the company places a strong emphasis on training employees and subcontractors and encouraging staff to come forward with concerns.
When a hazard is reported, "no matter how big or small", it is taken seriously, and the employee is congratulated. When Park Engineers won another safety award last year, thank-you jackets were given to all workers, including contractors and office staff. The company also provides benefits such as prescription safety glasses.
In the past six years, accidents and incidents have dropped significantly and morale has improved, Collins says. The injury frequency rate has dropped from 31.7 per million hours worked to 6.1, workers' compensation premiums have dropped from 7.75 per cent of payroll to 2.25 per cent, and days lost have fallen from 38 to 5.
But "the biggest benefit" for the company, he says, is the low turnover of staff and subcontractors.
Tune in to employer goals or fail, safety professionals warned
OHS professionals must be "tuned in" to their employer's goals - and refrain from badgering executives with minutiae - if they're to have any hope of developing a successful workplace safety culture, says a safety manager of 32 years' experience.
Stan Sexton, who is the Western Australian Public Transport Authority's (PTA's) corporate manager safety, told OHS Alert that while many OHS professionals believe the "whole world revolves around safety", it isn't always at the forefront of executives' minds.
"They've got competing priorities," he says, adding that the PTA's number-one concern is conveying four million passengers a week.
"What I do with any employer is try to get safety as a thread.
"You've got to be tuned into the ultimate outcome of the organisation, threading safety into [its] corporate governance."
It is critical, Sexton says, to develop healthy working relationships with executives and chief officers and to show boards how safety can protect their interests and "underpin the service delivery or commercial objective they're trying to achieve".
But safety personnel who are "obsessed with minutiae" (an electrical cord left on a walkway, for example) at the expense of the company's interests "will not get the executive's ear" and "will not achieve anything".
"Without commitment at the top you will not be successful," he says.
"A safety professional [must be] tactically astute. It's no use just dealing with the cable across the floor. You've got to get an understanding of how to take an organisation forward."
Reduce workers' comp costs and increase morale
Sexton, who has been an OHS professional for more than three decades in both Australia and his native UK, says developing a successful safety culture is not an exact science, and that it can take years of hard work to perfect a formula.
He says it took him about six years to develop the formula he now uses, which has produced results.
During his time with the Manchester Police in England, LTIs fell by 74 per cent in four years, he says. And the PTA, where he now works, won the 2009 Western Australian Work Safety Award for best public-sector OHS management system (see Western Australia announces...).
Other benefits of a strong OHS culture include reduced absences and workers' compensation costs, and increased morale, Sexton says.
He says he believes that while morale "is a subtlety", it reduces stress-related conditions and increases employee commitment.
"If you look after [employees'] welfare... and invest in them, you will get a positive return in productivity, attendance at work [and] reduced accidents."
Sexton also recommends appointing a safety champion among the "working people" within each division, to ensure "everyday" safety and risk-management issues are dealt with.
Executive buy-in is crucial, but if you fail to "engage the hearts and minds of your people at the coal face" you're unlikely to succeed, he says.
Supervisors must embody OHS
Sexton says the final piece of his "equation" is getting supervisors and managers onboard.
"You've got to get the managers and supervisors applying and embodying [OHS] principles every day," he says.
According to Sexton, safety professionals should say to supervisors, "Look, don't be afraid of safety, but make sure it is a consideration and a thread in your everyday work; out of all the subjects you deal with, the one that will come back to bite you is safety."
On a gloomier note, Sexton says Australia has one of the worst OHS records in the developed world, and more must be done to improve it.
"Australia is a great country, but there's a darker side," he says.
Stan Sexton, who is the Western Australian Public Transport Authority's (PTA's) corporate manager safety, told OHS Alert that while many OHS professionals believe the "whole world revolves around safety", it isn't always at the forefront of executives' minds.
"They've got competing priorities," he says, adding that the PTA's number-one concern is conveying four million passengers a week.
"What I do with any employer is try to get safety as a thread.
"You've got to be tuned into the ultimate outcome of the organisation, threading safety into [its] corporate governance."
It is critical, Sexton says, to develop healthy working relationships with executives and chief officers and to show boards how safety can protect their interests and "underpin the service delivery or commercial objective they're trying to achieve".
But safety personnel who are "obsessed with minutiae" (an electrical cord left on a walkway, for example) at the expense of the company's interests "will not get the executive's ear" and "will not achieve anything".
"Without commitment at the top you will not be successful," he says.
"A safety professional [must be] tactically astute. It's no use just dealing with the cable across the floor. You've got to get an understanding of how to take an organisation forward."
Reduce workers' comp costs and increase morale
Sexton, who has been an OHS professional for more than three decades in both Australia and his native UK, says developing a successful safety culture is not an exact science, and that it can take years of hard work to perfect a formula.
He says it took him about six years to develop the formula he now uses, which has produced results.
During his time with the Manchester Police in England, LTIs fell by 74 per cent in four years, he says. And the PTA, where he now works, won the 2009 Western Australian Work Safety Award for best public-sector OHS management system (see Western Australia announces...).
Other benefits of a strong OHS culture include reduced absences and workers' compensation costs, and increased morale, Sexton says.
He says he believes that while morale "is a subtlety", it reduces stress-related conditions and increases employee commitment.
"If you look after [employees'] welfare... and invest in them, you will get a positive return in productivity, attendance at work [and] reduced accidents."
Sexton also recommends appointing a safety champion among the "working people" within each division, to ensure "everyday" safety and risk-management issues are dealt with.
Executive buy-in is crucial, but if you fail to "engage the hearts and minds of your people at the coal face" you're unlikely to succeed, he says.
Supervisors must embody OHS
Sexton says the final piece of his "equation" is getting supervisors and managers onboard.
"You've got to get the managers and supervisors applying and embodying [OHS] principles every day," he says.
According to Sexton, safety professionals should say to supervisors, "Look, don't be afraid of safety, but make sure it is a consideration and a thread in your everyday work; out of all the subjects you deal with, the one that will come back to bite you is safety."
On a gloomier note, Sexton says Australia has one of the worst OHS records in the developed world, and more must be done to improve it.
"Australia is a great country, but there's a darker side," he says.
Employers desperate for certainty amid harmonisation squabble
NSW Business Chamber boss Greg Pattison has rejected claims that union-led prosecutions have contributed to the State's improving workplace safety performance, and says employers are desperate for some certainty around harmonisation.
Pattison told the Safety Conference in Sydney yesterday that it was apparent - when he participated in a debate on the model OHS Act at the same conference a year ago - that the harmonisation process would not be smooth sailing.
He said following NSW Premier Kristina Keneally's recent threat to withdraw from the process if NSW could not retain third-party prosecutions and reverse-onus laws, it appeared harmonisation would either:
Proceed without NSW;
Proceed with NSW and an amended Work Health and Safety Act;
Collapse; or go ahead as planned.
"I'm still backing it to go ahead as planned," Pattison said. The argument that these NSW provisions produced the best safety outcomes didn't "stand up to scrutiny".
He said OHS in NSW had improved, but that this progress had "nothing to do... with these two things".
Unions NSW secretary Mark Lennon, who also spoke at the conference, disagreed, saying that union-led prosecutions, while used sparingly, had significantly improved safety in NSW and other jurisdictions.
He said that after the Finance Sector Union successfully prosecuted some of Australia's biggest banks - for OHS breaches - following a string of armed robberies, the banks invested more than $100 million in security and safety improvements nationwide.
In 2002, before the prosecutions, there were 102 bank robberies in NSW, he said. There have been four so far this year.
"Now is not the time" to remove provisions that can have such a positive effect on public policy, Lennon stressed. "We as a union movement do not walk away from reform. But reform and harmonisation are not necessarily the same thing."
Pattison warns of "jurisdictional creep"
Pattison warned that while it was still uncertain "what compliance will look like under the new system", the proposed January 2012 kick off was "starting to seem very near".
Australia's 860,000 employers need to be brought up to speed, he said. "It's a huge job."
But employers were reluctant to invest time and money in transitioning to the new system when there was so much uncertainty over what, exactly, that system would be, Pattison said.
Employers want to know "what it's going to be, not what it might be", he said.
"We've got to work this out as soon as possible."
Pattison also warned that there was a risk of post-harmonisation "jurisdictional creep" if the new laws were not applied or enforced consistently across jurisdictions.
"That [consistency] is going to be hard to achieve, but it is so critical," he said.
"If harmonisation isn't realised operationally, then it's harmonisation in name only. There's a possibility of jurisdictions drifting apart, and that has to be guarded against."
Pattison told the Safety Conference in Sydney yesterday that it was apparent - when he participated in a debate on the model OHS Act at the same conference a year ago - that the harmonisation process would not be smooth sailing.
He said following NSW Premier Kristina Keneally's recent threat to withdraw from the process if NSW could not retain third-party prosecutions and reverse-onus laws, it appeared harmonisation would either:
Proceed without NSW;
Proceed with NSW and an amended Work Health and Safety Act;
Collapse; or go ahead as planned.
"I'm still backing it to go ahead as planned," Pattison said. The argument that these NSW provisions produced the best safety outcomes didn't "stand up to scrutiny".
He said OHS in NSW had improved, but that this progress had "nothing to do... with these two things".
Unions NSW secretary Mark Lennon, who also spoke at the conference, disagreed, saying that union-led prosecutions, while used sparingly, had significantly improved safety in NSW and other jurisdictions.
He said that after the Finance Sector Union successfully prosecuted some of Australia's biggest banks - for OHS breaches - following a string of armed robberies, the banks invested more than $100 million in security and safety improvements nationwide.
In 2002, before the prosecutions, there were 102 bank robberies in NSW, he said. There have been four so far this year.
"Now is not the time" to remove provisions that can have such a positive effect on public policy, Lennon stressed. "We as a union movement do not walk away from reform. But reform and harmonisation are not necessarily the same thing."
Pattison warns of "jurisdictional creep"
Pattison warned that while it was still uncertain "what compliance will look like under the new system", the proposed January 2012 kick off was "starting to seem very near".
Australia's 860,000 employers need to be brought up to speed, he said. "It's a huge job."
But employers were reluctant to invest time and money in transitioning to the new system when there was so much uncertainty over what, exactly, that system would be, Pattison said.
Employers want to know "what it's going to be, not what it might be", he said.
"We've got to work this out as soon as possible."
Pattison also warned that there was a risk of post-harmonisation "jurisdictional creep" if the new laws were not applied or enforced consistently across jurisdictions.
"That [consistency] is going to be hard to achieve, but it is so critical," he said.
"If harmonisation isn't realised operationally, then it's harmonisation in name only. There's a possibility of jurisdictions drifting apart, and that has to be guarded against."
Forest industry retaliates with protest
The forest industry has conducted its own protest in response to action by anti-logging campaigners on the New South Wales far south coast
Around 15 industry representatives campaigned at Bega yesterday while activists were appearing in court in connection with a series of blockades in the Mumbulla State Forest earlier this year.
The CEO of Timber Communities Australia, Jim Adams, says workers and their families have faced harassment and vilification for years.
And he says there is concern the protesters can undertake dangerous stunts with no ramifications.
"The first question is who's in control of the workplace once a protest occurs," he said.
"The activities that occur then present a significant risk to safety, not only of our own members but also of the protesters themselves, and also the police who have to come and deal with it.
"We believe the Workcover Authority should be inspecting the protest activities and ruling on those safety issues."
He says it is the responsibility of Workcover to investigate.
"We haven't been able to generate interest within the Workcover Authority to look at that question for us," he said.
The case into the forest protest activities has been adjourned.
Ten people faced Bega Local Court charged with about 30 offences after their attempts to stop logging east of the town.
The case was moved to the region from a Sydney court earlier this month, when the activists argued they should not be expected to travel long distances for the hearing.
They will appear again next month.
They say their approach is the only way to raise awareness of native forest harvesting.
Around 15 industry representatives campaigned at Bega yesterday while activists were appearing in court in connection with a series of blockades in the Mumbulla State Forest earlier this year.
The CEO of Timber Communities Australia, Jim Adams, says workers and their families have faced harassment and vilification for years.
And he says there is concern the protesters can undertake dangerous stunts with no ramifications.
"The first question is who's in control of the workplace once a protest occurs," he said.
"The activities that occur then present a significant risk to safety, not only of our own members but also of the protesters themselves, and also the police who have to come and deal with it.
"We believe the Workcover Authority should be inspecting the protest activities and ruling on those safety issues."
He says it is the responsibility of Workcover to investigate.
"We haven't been able to generate interest within the Workcover Authority to look at that question for us," he said.
The case into the forest protest activities has been adjourned.
Ten people faced Bega Local Court charged with about 30 offences after their attempts to stop logging east of the town.
The case was moved to the region from a Sydney court earlier this month, when the activists argued they should not be expected to travel long distances for the hearing.
They will appear again next month.
They say their approach is the only way to raise awareness of native forest harvesting.
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