OHS Officers not needed

Tuesday 14 June, 2011

In Queensland, employers will no longer have to appoint a workplace health and safety officer (WHSO) under the state's model OHS laws.However, while the current legislative requirement for employers to appoint WHSOs will cease in Queensland from 1 January 2012, Workplace Health and Safety Queensland (WHSQ) expects that many businesses will voluntarily keep their WHSO to assist them in complying with their obligations under the model laws when they commence.

The model Work Health and Safety laws impose a specific duty on officers of corporations and unincorporated bodies such as clubs and associations to exercise due diligence to ensure that work health and safety obligations are met, and WHSQ said this requires officers to be proactive in compliance.

"It is important to note the duty to exercise due diligence will always remain with the senior officer and cannot be outsourced or delegated to a safety advisor such as a WHSO. Employing a WHSO or safety advisor is one available option to help officers meet their duties," said WHSQ.

In the lead up to these changes, the certification of WHSOs has been extended until 31 December 2011, and this extension applies to those WHSOs whose recertification date falls due on or after 13 May 2011.

Businesses that are looking to appoint a WHSO in 2011 have the opportunity to use an alternative method to meet their obligations until the commencement of the harmonised WHS laws, and alternatives include engaging a consultant with WHSO certification on an as needs basis or using one WHSO for multiple worksites.

Safety for Life have the capability of providing WHSO Services as and when required.  Contact Us Today.

http://www.safetyforlife.com.au/contact.html

Published by SIA

Serious Incidents Can Cost Significantly

Workplace Health and Safety Queensland is investigating a serious incident that occurred on Thursday 17 February 2011 in a restaurant on the Gold Coast.

Two workers suffered serious caustic burn injuries after pouring drain cleaner into a floor grate to clear a blockage in the kitchen drainage system. It is believed that a violent reaction took place causing the contents of the drain to explode up through the floor grate on to the workers who were in close proximity.

Could this happen in your workplace? This alert issued by Workplace Health and Safety Queensland is a reminder for you and your organisation to consider the effectiveness of your safety management systems in preventing an incident like this from occurring in your workplace.

For a Safety Business Review on how effective your Safety Management System is, Safety For Life can assist to design a system suitable for your business needs.

Call us today!

What the papers said

What the papers said

VTA seeks more detail on safe rates

February 7, 2011

The Victorian Transport Association (VTA) says debate on the link between safety and pay is over, but wants more information on how safe rates will affect the trucking industry.

Following a workshop of more than 40 VTA members last month, the group has responded to the Federal Government’s Safe Rates / Safe Roads discussion paper.

The Government is planning to reform rates for owner-drivers to ensure they are paid enough to make ends meet. The move follows findings that low rates of pay lead to poor on-road safety.

The VTA has issued a set of questions it wants answered, including how safe rates will fit in with the recently released national road safety heavy vehicle strategy and chain of responsibility laws.

“The argument on any casual link has been had, and we must move ahead,” VTA CEO Philip Lovel says.

The VTA has also questioned one of the proposed recommendations in the discussion paper to establish a tribunal under transport legislation to oversee pay rates.

According to the group, the powers of the tribunal are unclear and it has no power to arbitrate.

“Any tribunal must be empowered to look at the entire supply chain, including transport contracts,” the VTA says.

It has also sought clarification on what sectors will be covered by the tribunal system.

The VTA says large trucking customers attended the January workshop and questioned safety being linked to rates, while other attendees raised concerns about increasing rates in uncertain economic times.

The Government has also suggested establishing a dedicated panel within Fair Work Australia to deal with owner-drivers. It has also proposed extending the Fair Work Act to allow Fair Work Australia to deal with sub-contractors.

The discussion paper refers to the work of respected US transport academic Associate Professor Michael Belzer, who found that every 10 percent increase in pay reduced the probability of a crash by 36 percent.

Stakeholders have been given until February 11 to respond to the paper after Parliamentary Secretary for Workplace Relations Senator Jacinta Collins extended the deadline beyond January 28.

Queensland releases guide to complying with OHS laws in flood clean-up

Workplace Health and Safety Queensland has released a comprehensive guide to complying with OHS laws during the flood clean-up phase. 

The guide includes steps for planning safe work and information on working at height, demolition, quad-bike and machinery use and work with asbestos-containing materials.

It also includes advice on fatigue management, biological hazards and displaced fauna, such as snakes and spiders.

Most snake bites occur when people attempt to strike and kill them, the regulator warns. "Engage a wildlife removal specialist to remove snakes from buildings."

Patrick fined $180K in Victoria's first OHS discrimination conviction

Patrick Stevedoring has been fined $180,000 for discriminating against a worker who raised a health and safety issue, but the employer insists it has significantly improved its systems since the incident and supports "all safety improvement endeavours".

As reported by OHS Alert last week, Victorian Magistrate Rosemary Carlin found a Patrick unit manager at a Geelong wharf suspended and threatened to sack the experienced stevedore - who was also an elected health and safety representative - for "the dominant reason that he raised a health and safety concern".

In 2007 the stevedore resisted the implementation of a new method (known as basket lifting) for unloading steel from vessels because he and other safety representatives were unfamiliar with it and the company's OHS committee had not been consulted before it was introduced - as was required under safety laws.

When the stevedore was observed employing the old unloading method he was accused by the manager of failing to follow a "lawful" instruction, and suspended.

Patrick was subsequently charged with breaching s76 (prohibition on discrimination) of the Victorian Occupational Health and Safety Act 2004.

It pleaded not guilty, but was convicted of three of the five charges laid against it, and sentenced on Friday.

The case was the first discrimination conviction under the Act, and sent a "clear message" to all employers that such conduct was unacceptable, WorkSafe Victoria health and safety director Ian Forsyth said.

"Protecting yourself and your co-workers by raising health and safety matters at work isn't just a right, it's a necessity," he said.

ACTU president Ged Kearney welcomed the conviction and called for all Australian regulators "to more vigorously prosecute employers who discriminate against HSRs".

"Health and safety reps are democratically elected volunteers who play an essential role in protecting their workmates," Kearney said.

"They are often the first to raise the alarm about unsafe practices and they must in turn be protected from intimidation or discrimination by their employers.

"At Patrick, an HSR raised legitimate concerns about safety in Geelong and was hounded out of a job by a management culture that puts profits ahead of the health and safety of workers."

A Patrick spokesperson said that since the 2007 incident the employer had "made numerous improvements to its management and safety systems and will review the court's decision to ensure all improvement opportunities have been undertaken".

She said Patrick's safety representatives "receive the company's full support in all safety improvement endeavours", and that the employer was "actively participating" in the Federal Government's Stevedoring Transport Advisory Group, which is considering the creation of a nationally recognised regulatory safety and training framework for the sector.