Safety Alert: 03-2016 .. 05 February 2016 WORKPLACE SAFETY AUSTRALIA PTY LTD
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Editorial
Legislative Changes and Proposed Legislative Changes…
o Mining and Petroleum Safety Changes Commenced February
o Supplementary Changes to Mining and Petroleum Regulations in NSW
o Electricity Network Changes in NSW
Open for Comment …
In Other News…
o EOIs Sought for Independent Chairperson of NSW Mining Competence Board
o WorkSafe NT Warns of Dangers to Unauthorised Access to Workplaces
o WA Quarterly Workers Comp Seminar
o Maintenance and Repair of Commercial Vehicles – Warning from Worksafe Victoria
o NSW Warning on Work in Wet and Windy Conditions
o Queensland Releases 5-Point Plan on Pneumoconiosis
o WorkSafe Victoria Urges Vigilance After More Deaths
In The Courts …
o $1.3 Million in Damages Follows Sexual Harassement and Bullying
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Editorial
In our ‘In the courts section’ in this edition of our regular weekly Alert we look at a case of a woman who worked on a construction site in Victoria, who, after continued sexual harassment (including both sexualised verbal threats, and physical touching) developed a psychiatric condition, could no longer work, and was, after a trial where the employer admitted liability, awarded more than $1.3 million in damages.
There was evidence that the worker complained to her immediate supervisor (who was one involved in the harassment) and to his supervisor (who said he’d look after it but nothing ever happened) and to the person she understood to be the HR manager for the company (who, astoundingly, invited her to his home ‘for a drink’ ‘to talk about it’.
At one point she was moved from one work group to another – whereupon the harassment stopped – but was then moved back to the workgroup she had previously been in – where it started again. The worker stopped work altogether after a co-worker said he was going to follow her home and rape her, and after she had complained about this, had received anonymous phone calls abusing her.
In cases where a worker can show they have been injured at work, the courts must evaluate the money value of any damage they have suffered as a result of such work caused injury.
Here, the courts made an award under three what are referred to as ‘heads of damage’ – general damages, past economic loss, and future economic loss.
General damages: $380,000 Past economic loss: $283,942 Loss of earning capacity: $696,085
General damages here relate to the psychiatric injury suffered by the worker (including in relation to a jaw injury she suffered as a result of continually grinding her teeth – that resulted from the psychiatric condition she suffered resulting from the harassment).
Past economic loss amounts to the amount she would have earned from the date of the injury up to the date of trial (she ceased working in July 2010 – the trial finished late last year). Future economic loss is the amount the worker would have earnt from the date of the trial through the rest of the period she would be unable to work. Here, the evidence of doctors and psychiatrists was that she would probably never work again.
Construction sites are traditionally seen to be ‘male dominated’ workplaces – but even so, the sort of behaviour that occurred in this case has been deemed unacceptable for
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decades. It may be true that many people would be sufficiently ‘robust’ that they would not necessarily be affected by the harassment suffered by the worker here – or not to a similar extent.
However, as noted, Australian society now sees this sort of behaviour as not acceptable – and even if some workers think it is acceptable, or ‘just for a laugh’ or that the victims should ’toughen up,’ no employer can afford the sort of payout that occurred here – more than $1.3 million.
That possibility – in addition to the very obvious fact that no worker should have to suffer harassment at work – should be enough motivation for every sensible employer to put in place processes for effectively preventing – and if need be dealing with – such behaviour.
Regards
Kim Schekeloff Director Workplace Safety Australia Pty Ltd
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Legislative Changes and Proposed Legislative Changes… Mining and Petroleum Safety Changes Commenced February
Relevance: NSW Title of Instrument: Work Health and Safety (Mines and Petroleum Sites) Act 2013; Work Health and Safety (Mines and Petroleum Sites) Regulation 2016 Commencement: 1 February 2016 Industries: Mining and petroleum Keywords: Mining; Petroleum; mine safety; petroleum safety
Amendments to legislation that regulate work health and safety in the mining and petroleum industries in NSW will take effect from Monday 1 February 2016.
The changes to the Work Health and Safety Act 2011 and Work Health and Safety (Mines and Petroleum Sites) Act 2013 and their supporting Regulations particularly relate to the Division of Resources and Energy compliance and enforcement role in petroleum work health and safety.
While the amendments predominantly impact on the petroleum industry, some changes also apply to the minerals sector. The new laws will replace the 1992 Schedule of Onshore Petroleum Exploration and Production Safety Requirements (the schedule) under the Petroleum (Onshore) Act 1991.
The schedule had been the primary means to address the specific work, health and safety elements associated with petroleum operations.
The Work Health and Safety (Mines and Petroleum Sites) Act 2013 and Work Health and Safety (Mines and Petroleum Sites) Regulation 2016 will now apply to petroleum exploration and extraction. The new laws will provide for:
A consistent and robust single work health and safety (WHS) regulatory framework that applies to onshore petroleum sites; Specific risks associated with petroleum activities to be appropriately addressed through a modern WHS framework, consistent with the minerals sector, and; Proactive regulatory oversight of the petroleum industry's management of the risks associated with a petroleum operation.
Mine operators should be aware that when the legislation comes into effect, the Work Health and Safety (Mines and Petroleum Sites) Act 2013 and Work Health and Safety (Mines and Petroleum Sites) Regulation 2016, among other requirements, will:
Allow the regulator to specify where documents are to be served for the purposes of the Act; Require operators of a mine or petroleum site to provide the regulator with a report following decommissioning of a well; Exempt certain hoists used at small gemstone mines from the requirement to be design registered; Require shotfiring apparatus used at underground coal mines to be overhauled or repaired only by persons holding specified accreditation; Make further provision with respect to notifiable incidents;
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Clarify the circumstances when notification of certain high potential incidents to the regulator is required, including the detection of methane in an underground coal mine; Clarify the use of explosives in underground coal mines, including restrictions around storage, and; Clarify the requirements to perform the statutory function of mechanical tradesperson.
Mine Safety staff within Resources and Energy will support industry in better understanding and complying with the new laws. Most updates are already in place for mining, but a range of mining and petroleum forms and guidelines to support the Regulation will be released, including:
Quick WHS guide for petroleum title holders and petroleum operators; Managing WHS risks in petroleum operations; Summary of WHS transitional arrangements for petroleum sites; Summary of changes to the WHS (Mines) Regulation for petroleum operators; Appointment and nomination of mine operator guide and form; Appointment and nomination of petroleum site operator guide; WHS notification of incidents guide and form; WHS notification of reportable events form; WHS high risk activities guide and form.
Transitional arrangements are in place for the commencement of many of the provisions that apply to the petroleum sector. DRE’s Mine Safety branch will be working with industry to enable industry compliance with the changes.
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Supplementary Changes to Mining and Petroleum Regulations in NSW
Relevance: NSW Title of Instrument: Work Health and Safety (Mines and Petroleum) Amendment (Harmonisation) Regulation 2016 Commencement: 1 February 2016 Industries: Mining and petroleum Keywords: Mining; Petroleum; mine safety; petroleum safety
The Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015 (the amending Act) extended the Work Health and Safety (Mines) Act 2013 (the principal Act) to cover petroleum sites (being workplaces at which petroleum operations are carried out). The amending Act also renamed the principal Act as the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
The objects of the Work Health and Safety (Mines and Petroleum) Amendment (Harmonisation) Regulation 2016 are:
Amend the Work Health and Safety (Mines) Regulation 2014 and the Work Health and Safety Regulation 2011 as a consequence of the amendments made by the amending Act; Require an operator of a mine or petroleum site to provide the regulator with a report following the decommissioning of a well;
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Exempt certain hoists used at small gemstone mines from the requirement to be design registered; Require shotfiring apparatus that is used at an underground coal mine to be overhauled or repaired only by persons holding specified accreditation; Omit a provision that prescribed qualifications for inspectors; To permit the use or disclosure of information or access to documents for the purposes of the administration or enforcement of certain Acts.
Note that some of the amendments include:
Amendment to the definition of principal hazard in the Regulations; Amendment of clause 103 of the Regulations – Duty to inform workers about safety management system; Amendment of clause 127 – Survey plan to be provided to regulator; Insertion of new Part 8, Division 2A – Statutory functions at petroleum sites; Replacement of Schedule 4 Prohibited items and substances.
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Electricity Network Changes in NSW
Relevance: NSW Title of Instrument: Electricity Supply (Safety and Network Management) Amendment (Codes and Standards) Regulation 2015 Commencement: 18 December 2015 Industries: Electrical supply Keywords: Electrical safety; electrical supply; codes of practice
The objective of the Electricity Supply (Safety and Network Management) Amendment (Codes and Standards) Regulation 2015 is to amend the Electricity Supply (Safety and Network Management) Regulation 2014 to provide that:
1. A network operator’s safety management system must be in accordance with Australian Standard AS 5577—2013 Electricity network safety management systems (rather than, as an alternative, any other code or standard nominated by the Minister for Industry, Resources and Energy), and; 2. A network operator must, in determining the content of a safety management system, take into account any code, standard or guideline specified by that Minister.
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Open for Comment…
Safe Work Australia Calls for Comment on Lead in the Workplace
New scientific evidence suggests current legislated blood lead levels, and workplace exposure standards for lead may not adequately protect all workers. Safe Work Australia’s Chief Executive Officer, Michelle Baxter invites businesses and workers who deal with lead and lead products in their workplaces to comment on proposed changes to work health and safety requirements for inorganic lead:
We are seeking feedback on proposed amendments to laws to improve workplace safety, including on the permitted levels of lead in workers’ blood and lead
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concentrations in the air; and the likely cost and impact to businesses any changes might have. We want work health and safety legislation to be evidence-based and to work to reduce adverse health outcomes while remaining practical for businesses to implement.
Current lead exposure standards are specified in the Model Work Health and Safety Regulations. These apply in nearly all States and Territories across Australia. Based on emerging evidence, Safe Work Australia has put forward options for regulatory change in a Consultation Regulation Impact Statement at: http://safeworkaustralia.cmail20.com/t/j-l-hhhihtl-iyitddujd-o/
According to Ms Baxter:
We’re particularly interested in hearing from workers and businesses that deal with lead in the course of their work, as well as regulators, occupational hygienists and work health and safety professionals.
In particular Safe Work Australia seeks views on options for:
Setting levels of lead in workers’ blood (blood lead levels) to identify: o Trigger points to commence mandatory health monitoring of workers undertaking lead risk work; o Workers who need to be removed from lead risk work, and; o When those workers may be returned to lead risk work; Setting a maximum concentration of lead in air for workplaces.
For the proposed amendments to work health and safety requirements for inorganic lead see: https://submissions.swa.gov.au/SWAforms/lead/Documents/Lead%20RIS%20Formatted_ Accessible.pdf
Submissions are now open and will be accepted until 5.30pm AEDT, 26 February 2016.
Submissions may be lodged electronically using our online form, by email or by post.
To submit online, you will need to download and complete the managing risks associated with lead in the workplace – Consultation RIS – Submission template at: https://submissions.swa.gov.au/SWAforms/lead/Documents/Submission%20template%20 lead%20RIS.DOCX
After you have completed the template, upload the document by completing the Online Cover Sheet below and submit when prompted.
Submission by email – Please email your submission, including a completed cover sheet (see above), to: [email protected].
Submission by post – Please post your submission, including a completed cover sheet (see above), to:
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Director Occupational Hygiene Section Safe Work Australia GPO Box 641 Canberra ACT 2601 Location Code: C2PL7
The public consultation period is open until 26 February 2016.
National Construction Code – 2016 Seminars
The National Construction Code now moves to a 3 year amendment cycle and attending the information sessions will enable interested parties to hear and engage with presenters providing information about the changes that will come be coming into effect from 1 May 2016.
The National Seminars commencing in February through to March 2016 are held in each capital city. Strong attendance is expected in preparation for the introduction of the 3 year amendment cycle, and the ACBC has requested that interested parties register early to secure their place.
City Date Venue Canberra 17 February National Convention Centre Hobart 19 February Hotel Grand Chancellor Brisbane 23 & 24 February Brisbane Convention & Exhibition Centre Darwin 26 February Darwin Convention Centre Perth 3 & 4 March Perth Convention Centre Adelaide 7 March Adelaide Convention Centre Sydney 9 & 10 March Australian National Maritime Museum Melbourne 16 & 17 March Melbourne Convention Exhibition Centre
Registration for the Seminars has been available online from 1 November 2015.
Draft Marine Order 75 (Seafarer Certification Amendment) 2016 is Open for Consultation until 19 February 2016
AMSA welcomes comments on this draft new Marine Order by submission at: http://www.amsa.gov.au/community/consultation/ using the AMSA Regulatory Consultation Tool.
Documents provided at https://apps.amsa.gov.au/MOReview/ include:
1. Draft MO75 - MO75 am 160111A.pdf 2. Draft MO70 compilation 3. Draft MO71 compilation 4. Draft MO73 compilation
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Note the compilations have the amended text highlighted.
Marine Order 75 provides a number of amendments to Marine Orders 70, 71 and 73. These Orders give effect to Australia’s obligations under the International Convention on Standards of Training, Certifications and Watchkeeping for Seafarers, defined as the STCW Convention in the Navigation Act 2012.
Australia (AMSA) was recently audited by the European Maritime Safety Agency (EMSA) to verify that Australia has complied with and implemented the 2010 amendments of the STCW Convention and STCW Code. The audit is part of the remit of EMSA for conducting inspection visits of other countries to verify STCW compliance and recognition of seafarer certificates. Such audits are conducted on a five year basis. The 2014 audit has highlighted a number of issues that require amendment of relevant Marine Orders.
The opportunity has also been taken to combine relevant sections from Marine Order 6 (Marine radio qualifications) 2000 into Marine Order 71. This will reduce duplication of certification arrangements and provide clarity by having all the requirements in one Order.
Marine Order 75 will also not exist after the amendments to all affected Marine Orders are in effect.
AMSA Review – Marine Safety (Emergency service vessels and crew) Exemption 2015
A new Exemption 24 (Emergency services vessels) 2016 has been developed to implement more robust arrangements for Volunteer Marine Rescue (VMR) and fire service vessels.
The arrangements for other emergency services vessels remain largely unchanged, although the format of the exemption and the application requirements have changed slightly.
The new Exemption 24 is in draft form and is currently being subject to consultation with relevant stakeholders. This explanatory note is intended to support the consultation process. It outlines the:
1. Proposed new VMR vessel arrangements; 2. Proposed new fire service vessel arrangements; 3. Ongoing arrangements for other emergency service vessels; and 4. Future of regulation in this sector.
Further information can be accessed at: https://apps.amsa.gov.au/MOReview/
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In Other News…
EOIs Sought for Independent Chairperson of NSW Mining Competence Board
Expressions of interest are sought from suitably qualified people for the role of independent chairperson of the NSW Mining Competence Board.
The chairperson should be independent of mining industry stakeholder organisations and any registered training organisations that service it. Experience in the mining industry would be beneficial, but not required. The attributes of the chairperson should include;
A highly developed capacity for analytical and critical thinking; Extensive experience in convening meetings at a senior level and leading negotiations between stakeholder groups with diverse perspectives; The ability to gain consensus on collaborative approaches accepted by stakeholders; The ability to provide high level advice to the Minister on board outcomes; The ability to treat sensitive and confidential information appropriately and ethically; Experience in mining education or professional skills development is desirable but not essential.
Further information about the board is available on the website at: http://www.resourcesandenergy.nsw.gov.au/miners-and-explorers/safety-and- health/about-us/mining-competence-board.
A two-page expression of interest outlining relevant experience and qualifications that address the above attributes and a short CV should be directed to:
MCB Executive Officer NSW Department of Industry – Resources and Energy Governance PO Box 344 Hunter Region Mail Centre NSW 2310 Email: [email protected]
Nominations close at 5pm Friday 26 February 2016.
Information about the role of the chairperson of the Mining Competence Board is available by contacting John Flint on 02 4931 6636. Enquiries and expressions of interest will be treated with the strictest of confidence.
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WorkSafe NT Warns of Dangers to Unauthorised Access to Workplaces
The purpose of this Safety Alert is to highlight the dangers of having unauthorised persons within the work area.
To raise awareness for businesses that allow unauthorised access (general public admission) to workshops, work and storage areas that can result in serious injury.
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Children are particularly at risk when accessing these areas. The following factors and actions need to be considered to ensure hazards are identified and mitigated.
Where there is no separation or demarcation of ‘high risk’ areas; Where there is unauthorised access to workshop, work and storage areas; Where there is inappropriate storage of equipment and materials. Where there has been no risk assessment or hazard identification in workshop areas; Where customers are allowed to wait in workshop, work and storage areas.
WorkSafe NT identifies the following as action required by PCBUs:
“No access” signage should be erected to warn unauthorised persons and should be policed by staff; Barriers should be installed for work areas that take into consideration access and egress to those work areas; Appropriately store materials, tools and equipment, for example, by the use of shelving or similar; Identify and manage the risk of potential hazards.
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G WA Quarterly Workers Comp Seminar
WorkCover WA holds a seminar every quarter to provide an introduction to the workers’ compensation scheme in Western Australia. The next Welcome to WorkCover WA seminar will be held on Tuesday 23 February 2016 in Shenton Park.
Topics include:
How the scheme operates; Statistical information relating to the scheme; Accreditation and monitoring of scheme parties; Employer requirements and recent prosecutions; Conciliation and Arbitration services; Injury management and return to work.
The seminar will also provide an opportunity for attendees to ask questions of the WorkCover WA Executive team on these topics.
Seminar details:
Date: 23 February 2016 Location: WorkCover WA Address: 2 Bedbrook Place, Shenton Park (corner of Lemnos Street) Time: 9:30am – 11:30am
Registrations are essential. Please RSVP by 12 February 2016 by emailing your name, company or organisation, contact number and email address to: [email protected]
For more details about this seminar, please contact Rachelle Marino on 9388 5598.
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Maintenance and Repair of Commercial Vehicles – Warning From Worksafe Victoria
A new SafeWork Victoria Safety Alert provides guidance about the risks associated with failing to maintain and repair components in a commercial vehicle (vehicle used for carrying goods or fare-paying passengers). It also highlights the importance of conducting regular inspections, maintenance and servicing of commercial vehicles.
An employee who was a passenger in a commercial heavy vehicle sustained fatal injuries as a result of a road accident. Following the incident, an examination of the vehicle identified that the driver seat was in an unsafe condition as it was not adequately secured. This was due to missing parts and cracks in the metalwork of the seat pan (including welds in the steel frame).
Although the employer was aware of the condition of the driver seat, it had not been repaired and was in an unsafe condition at the time of the accident.
This incident highlights how the lack of, or inadequacy of, work procedures to repair reported faults creates a risk to employees and others.
According to WorkSafe Victoria, employers should ensure:
Commercial vehicles – o are roadworthy, safe and without risks to health, o are regularly inspected and appropriately maintained (this should include monitoring any repair work undertaken), o with faults are not used until they are repaired; Components are repaired appropriately (in accordance with manufacturer recommendations or by a competent person), and; Employees are provided with instruction and training in relation to undertaking pre- operational checks before using commercial vehicles; Self-employed persons, who operate commercial vehicles, should also adopt the above risk control measures.
An example of a commercial vehicle pre-use inspection checklist (‘Daily commercial vehicle inspection checklist’) is available from: www.vta.com.au.
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NSW Warning on Work in Wet and Windy Conditions
SafeWork NSW has issued a reminder to businesses be aware of the risks of working in wet and windy conditions following a fatality and two serious incidents since yesterday. The Alert follows an incident where a 73-year-old man died after he fell from mobile scaffolding that appears to have slipped from under him at a residential site in Maryville, while yesterday, a 62-year-old man sustained head injuries after he fell two metres from a ladder while cleaning roof gutters in Balgowlah.
Inspectors also attended a construction site in Lane Cove today after two bays of scaffolding collapsed onto the Pacific Highway during demolition work.
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SafeWork NSW Executive Director Peter Dunphy said windy and wet conditions can play a large role in workplace incidents for those working outdoors, particularly in construction:
During high winds and summer storms, everyone needs to be vigilant to manage the risks associated with high winds and bad weather. High gusts of winds are unpredictable, and cause a range of serious workplace hazards associated with flying objects, working at heights and an increased risk of collapsed structures. Wind speeds are often stronger and faster at heights, so operating cranes or using powered access platforms require additional caution to prevent incidents occurring.
It is also important to ensure that any loose equipment can’t be lifted by the wind such as cladding roof sheets, ladders or tools and that slippery surfaces are avoided where possible. Site controllers should talk with their workers and conduct a site- specific risk assessment and ensure adequate planning and preparation is in place so that all hazards are managed.
Other hazards that may impact the safety of the workplace should be considered, including standing too close to loads, trees, and overhead powerlines.
According to NSW WorkSafe, when working in gusty winds and wet conditions:
Wear eye protection where there is airborne dust and debris; Examine and strengthen structures to ensure they will remain standing during strong winds; Secure objects that can become airborne, including stacks of materials; Wear fall protection and secure ladders at the top and bottom when on them Minimise the risk of trips and slips caused by wet surfaces; Assess if work can be postponed until dry weather.
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Queensland Releases 5-Point Plan on Pneumoconiosis
The Palaszczuk Government today released a five-point plan to tackle an pneumoconiosis – a significant issue for the state’s past and current coal miners.
Queensland Natural Resources and Mines Minister and Acting Health Minister Dr Anthony Lynham announced measures to help identify and prevent coal miner’s pneumoconiosis, a lung disease caused by long-term inhalation of coal dust in underground coal mining operations:
Protecting the health and safety of workers is a fundamental issue for any Labor Government, and particularly for me as a doctor. We have confirmed five cases of coal miner’s pneumoconiosis in Queensland and I have asked for Queensland Health data on any other possible cases. There’s still research to be done on the medical and workplace records, but I suspect there are more cases to come.
I am determined to get on top of this issue to protect workers now and into the future and to be open and transparent as we progress.
Dr Lynham outlined action on the five points.
A review to improve the existing screening system
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This would see coal mine workers have chest X-rays when they start work, at least every five years, and when they retire. According to Dr Lynham:
Monash University’s Professor Malcolm Sim is heading the review of the Coal Mine Workers’ Health Scheme, which I ordered late last year after the early cases were identified. I expect an interim report by the end of the first quarter and detailed recommendations by the middle of the year. Prof Sim today briefed unions, industry and health officials in an expert reference group established to support his review.
Taking action on coal mines exceeding regulated limits on dust levels
According to Dr Lynham coal inspectors are working closely with all of Queensland’s 12 operating underground coal mines, including those with coal dust issues related to longwall mining techniques. As the Commissioner for Mine Safety and Health reported in his latest annual report, the mines inspectorate has audited mining company dust monitoring.
Of Queensland’s 12 operating underground coal mines, only one is exceeding dust limits now. Eight mines over the past 12 months have been directed to either improve monitoring or bring respirable dust levels back into compliance. Directives will remain in place until mines inspectors are satisfied that mines can stay within the regulated level.
Improving how information is collected and used to ensure cases aren’t missed
Dr Lyneham that his department and Queensland Health are working on cross-checking their current records, but a priority will also be to make sure this continues into the future so no cases are missed.
Investigating regulatory changes as part of the mine safety legislation review already underwayneham:
According to Dr Ly
Our mining safety legislation is in the very early stages of being updated and will include a focus what changes are required to ensure underground coal dust is kept at safe levels.
Placing the issue on the agenda for the national council of mining ministers
Dr Lyneham has noted that he has written to the Minister for Resources, Energy and Northern Australia Josh Frydenberg today as the chair of the council. He also welcomed the ANZ College of Radiologists’ action in compiling a register of radiologists who can report to an International Labor Organisation (ILO) classification of radiographs of pneumoconiosis:
Coal mine operators have offered their workers new chest X-rays and specialist analysis since this issue emerged. I know the workers’ representative, the Construction, Forestry and Mining Employees’ Union, and the Queensland Resources Council are taking this issue very seriously. All the stakeholders on this issue – miners and their families, the unions, employers, and the medical profession – are working together in the best interests of workers past and present. I encourage any past coal miner with a concern to discuss it with their general practitioner.
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WorkSafe Victoria Urges Vigilance After More Deaths
WorkSafe has called on all Victorian workplaces to be vigilant about safety following the tragic death of a 24-year-old electrician at Dallas in Melbourne’s northern suburbs in early January. The incident was the first workplace death of 2016.
WorkSafe Victoria’s Executive Director of Health and Safety, Marnie Williams, said it was a devastating beginning to the new working year.
This is a heartbreaking start to 2016 and our thoughts are with the family of this young man during this difficult time. Every worker has the right to return home safe at the end of the day and this incident is a tragic reminder that workplace safety can never be taken for granted.
Ms Williams said that, tragically, 20 Victorians had lost their lives at work in 2015:
Twenty families had to face Christmas and the new year without their loved one due to workplace incidents in 2015. No death at work is acceptable and we are calling on Victorian employers to do everything they can to prevent these kind of tragedies.
Of the 20 fatalities last year:
Nine occurred in November, making it the worst month for workplace deaths in more than a decade; The youngest worker killed was 19 and the oldest was 86; 19 of the fatalities were men; 11 of the fatalities were in Melbourne and nine were in regional Victoria Industries with the highest number of fatalities were agriculture (seven deaths) and construction (six deaths).
According to Ms Williams, the agriculture and construction sectors would remain a priority for WorkSafe in 2016:
Farming and construction are high-risk industries but while fatality numbers are dropping, we continue to see workers in these sectors overrepresented in fatality and serious injury statistics year after year.
With many businesses across all sectors re-opening for the New Year, Ms Williams urged employers and workers to keep safety front of mind.
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In The Courts… $1.3 Million in Damages Follows Sexual Harassment and Bullying
Mathews v Winslow Constructors (Vic) Pty Ltd Supreme Court of Victoria December 2015 Extract from Judgment and commentary – The link to Transcript can be found at the end of summary
The plaintiff in these Victorian proceedings, Kate Mathews, alleges that throughout the course of her employment with the defendant, Winslow Constructors Pty Ltd she was subjected to abuse, bullying and sexual harassment from Winslow employees and
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subcontractors. Ms Mathews further alleges that Winslow was vicariously liable for the tortious acts of these employees and subcontractors, or alternatively Winslow was negligent in failing to provide Ms Mathews with a safe working environment. Ms Mathews alleged that as a result of the abuse, bullying and sexual harassment she suffered a serious chronic psychiatric illness.
The company initially denied liability and alleged contributory negligence on the part of the employee. However, early on in the proceeding, the employer advised the court that it admitted negligence, did not persist with its allegation of contributory negligence and that only the amount of damages remained to be calculated by the Court.
Ms Mathews commenced work as a labourer with Winslow in August 2008. Winslow is a large construction company with many employees at many sites, specialising in civil engineering projects. At the time of her employment with the defendant, Ms Mathews was soon to turn 35 years of age. Up until the age of about 30 she had held down constant employment in sedentary jobs. She then did not work in paid employment for about five years, during which time she lived with her father and helped out intermittently in his tree-lopping business. She then worked for Winslow for a little less than two years. The Court found that she was an industrious worker over that period.
The Court heard of ongoing sexual harassment, abuse and bullying that Ms Mathews had undergone in the workplace. After complaining many times she was eventually moved to another workgroup where the incidents did not reoccur. However, soon afterwards she was inexplicably moved back to the previous workgroup and the harassment started again.
On 1 July 2010, Ms Mathews went to her house at lunchtime. Another worker had threatened to ‘follow (her) home, rip her clothes off and rape (her)’. Ms Mathews was ‘frightened and scared’ and recounted the threat to her mother. Later that afternoon she rang ‘PA’, whom she thought was responsible for Human Resources at Winslow. She recounted the threat to PA. According to Ms Mathews’ evidence, PA invited Ms Mathews to ‘…come to my place in Warrandyte, and we will have a drink and talk about it.’
Later that afternoon Ms Mathews received a telephone call on her cell phone from a private number. A male voice called Ms Mathews ‘a c***. Ms Mathews has not worked since.
A number of psychologists and psychiatrists saw and treated Ms Mathews after she had ceased working. The evidence of the final doctors to give evidence during the proceeding was noted by the Court:
… Ms Mathews’ prognosis was poor: ‘Ms Mathews’ Bipolar II Disorder is currently stable, but will require monitoring by a psychiatrist for the rest of her life. Ms Mathews’ PTSD is stable but chronic and permanently disabling…it is unlikely to remit significantly’
The Judge found:
I consider that Ms Mathews has sustained very considerable psychiatric injuries as a direct consequence of the bullying, abuse and sexual harassment levelled at her by employees and subcontractors of Winslow.
The total amount awarded to Ms Mathews was $1,360,027.
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The Full Transcript of the Court’s Judgment can be found at: http://www.austlii.edu.au/cgi-bin/download.cgi/cgi- bin/download.cgi/download/au/cases/vic/VSC/2015/728.rtf
Yours Faithfully,
Workplace Safety Australia Pty Ltd Important Note The information contained in this Safety Alert is in general terms only and does not constitute legal advice or other professional advice. The information contained in this safety alert should not be relied upon and is no substitute for seeking legal or other professional advice as appropriate to any facts, circumstances and materials that might be necessary for you to provide to a professional advisor. While all reasonable care is taken in producing Safety Alerts, Workplace Safety Australia, its Consultants, Lawyers and all others involved in providing this Safety alert all expressly disclaim all and any liability for the results of any actions or failure to act taken on the basis of this Safety Alert, and for any error or omission arising there from. The information contained therein does not necessarily reflect the views of the management of Workplace Safety Australia. Should you wish to discuss this further, please contact Workplace Safety Australia on 02 9387 1248 DISCLAIMER PRIVATE AND CONFIDENTIAL
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