DOCSLIB.ORG

Claiming Justice in Injury Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Claiming Justice in Injury Law CLAIMING JUSTICE IN INJURY LAW GENEVIEVE M GRANT* Contemporary personal injury law lives and breathes in the bureaucratic processing of compensation claims. Little empirical legal scholarship has explored claimant experiences in Australian compensation systems, despite their central role in access to justice for the injured. This article explores claimant experiences in compensation processes using data from a large longitudinal cohort study of patients admitted to hospital with injuries in three states (Victoria, New South Wales and South Australia). At 6 years after injury, participants (n=332) who had pursued claims in transport accident or workers’ compensation claims were interviewed about their experiences. The study highlights the diversity of claimant experiences and key themes in claimant encounters with compensation systems, including the relationship between rights information, advocacy and representation, and the inherent justice-based tensions in claims processing. The fi ndings demonstrate that analysis of claimant experiences of injury law in its primary, bureaucratic form can provide important evidence for the evaluation and development of compensation systems. I INTRODUCTION Forget judgments in courts and textbooks on torts.1 For claimants, the lived experience of personal injury law is about the bureaucratic processing of compensation claims. Transport accident and workers’ compensation schemes dominate the Australian injury law landscape. Each year, more than 300 000 * BA, LLB (Hons), PhD (Melb). Lecturer, Law Faculty, Monash University. This research was funded by the Transport Accident Commission, WorkSafe Victoria and the Institute for Safety, Compensation and Recovery Research. The author sincerely thanks her generous collaborators, Prof David Studdert, A/Prof Meaghan O’Donnell and A/Prof Matt Spittal. Thanks are also due to the Injury Vulnerability Study team, Mr Philip Marquet for valuable research assistance, Dr Michael Eager for programming expertise and to Prof Les Boden and the two anonymous reviewers for their helpful suggestions. 1 Many tort texts seem disconnected from the empirical reality of injury. There are exceptions, the standout being Harold Luntz et al, Torts: Cases and Commentary (LexisNexis, 7th ed, 2013) ch 1, as described in Reg Graycar, ‘Teaching Torts as if the World Really Existed: Refl ections on Harold Luntz’s Contribution to Australian Law School Classrooms’ (2003) 27 Melbourne University Law Review 677, 677–82. Claiming Justice in Injury Law 619 new claims are accepted in these schemes,2 where they join the existing ranks of active, unresolved claims.3 Claims managers — those tasked with determining eligibility, assessing injuries, measuring loss and calculating benefi ts — are the key facilitators of the processes in which claimant rights and insurer liabilities are negotiated.4 In the vernacular of insurers and compensation schemes, claimant experiences of these processes are described in terms of client service and satisfaction.5 It is in these interactions that the vast majority of claimants access the justice of Australian injury law. The statutory objectives of compensation schemes typically include promoting claimant rehabilitation and delivering just compensation as eff ectively and effi ciently as possible.6 There is, however, remarkably little legal scholarship exploring claimant experiences of scheme performance against these aims. This constitutes a critical knowledge gap about the operation of compensation schemes as legal institutions. Injury is both a signifi cant contributor to the burden 2 This estimate was generated by adding up data on annual new case numbers across schemes. The estimated national total of transport accident claims (n = 54 296) was derived by adding the most recent annual new claims fi gures for complete accident years contained in the annual reports of the state- based transport accident compensation authorities and regulators: Transport Accident Commission (Vic) (‘TAC’), Getting Lives Back on Track: 2013–14 Annual Reportt (2014) 4 (n = 22 012 in Victoria in 2013–14); Motor Accidents Authority of NSW, Annual Report 2013–14: the Facts, the Figures, the Future (2014) 20 (n = 14 360 in New South Wales in 2013–14); Motor Accident Insurance Commission (Qld), Statistical Information — 1 July to 31 December 2014 (2015) 5 (n = 6275 in Queensland in 2013–14); Insurance Commission of Western Australia, Annual Report 2014 (2014) 20 (n = 3561 in Western Australia in 2014); Motor Accident Commission (SA), Annual Report 2013–14 (2014) 8 (n = 4634 in South Australia in 2013–14); Motor Accidents Insurance Board (Tas), Annual Report 2013– 2014 (2014) 6 (n = 2924 in Tasmania in 2013–14); Territory Insurance Offi ce (NT), Motor Accidents Compensation Year in Review 2012–13 (2013), 14 (n = 530 in the Northern Territory in 2013). Data was not available for new claims in the Australian Capital Territory so the total estimate for the annual number of claims reported here is an underestimate. In the case of workers’ compensation, to enable cross-scheme comparison, Safe Work Australia has long had a practice of only reporting the incidence of ‘serious claims’, being those involving claims for one or more weeks of work absence, permanent incapacity or death. The total number of new claims (serious and non-serious) appears to have last been reported in 2005–06, when a total of 255 300 claims were lodged with state and territory workers’ compensation authorities (Safe Work Australia, Work-Related Injuries in Australia, 2005–06: Comparison of Compensation Data with all Incurred Work-Related Injuries (2009) 1). 3 Inconsistent reporting practices across schemes make it diffi cult to establish the number of active claims in any given year. In a rare exception, the Transport Accident Commission in Victoria reported delivering benefi ts to 47 115 claimants in 2013–14, compared to its new claim tally of 22 012 for the same period: TAC, above n 2, 4. Workers’ compensation schemes around Australia tend to report only new claims and claims rates: see, eg, Victorian WorkCover Authority, Annual Report 2014 (2014) 20. 4 As Halliday, Ilan and Scott note, ‘it is well established that the vast majority of decisions concerning legal rights are made by bureaucrats in both public and private organisations’, rather than courts: Simon Halliday, Jonathan Ilan and Colin Scott, ‘Street-Level Tort Law: The Bureaucratic Justice of Liability Decision-Making’ (2012) 75 Modern Law Review 347, 347. 5 See, eg, the client service key performance indicators and charters adopted by a number of schemes, such as the customer service charter of the New South Wales Safety, Return to Work and Support division (which encompasses that state’s Dust Diseases Board, the Motor Accidents Authority, the Lifetime Care and Support Authority and WorkCover NSW): NSW Safety, Return to Work and Support, Safety, Return to Work & Support Customer Service Charterr <http://www.maa.nsw.gov. au/__data/assets/pdf_fi le/0008/26954/SRWS-Customer-service-charter.pdf>. 6 See, eg, Workplace Injury Management and Workers Compensation Act 1988 (NSW) s 3; Motor Accidents Compensation Act 1999 (NSW) s 5; Transport Accident Act 1986 (Vic) s 8; Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 10. 620 Monash University Law Review (Vol 41, No 3) of disease7 and one of the more common kinds of justiciable problems aff ecting the community.8 Though law has been slow to embrace the value of empirical data and evaluation in the development of justice policy,9 analyses of the public’s experiences of everyday legal problems have emerged as an important source of insight into the extent to which people are able to access justice.10 The broader review of compensation systems brought on by the National Disability Insurance Scheme,11 the mooted National Injury Insurance Scheme12 and other high-profi le reform projects13 intensify our need to better understand claimant experiences of injury law. This article argues that the bureaucratic processing of compensation claims is a neglected but signifi cant setting for the delivery of justice. It investigates claimant experiences of claims processing through a large empirical study involving transport accident and workers’ compensation claimants in three Australian states, and explores the nature of injury compensation systems as justice- dispensing institutions. The article begins by laying out the neglectful treatment of injury compensation schemes in Australian legal scholarship, and situating the research in the existing (predominantly international and interdisciplinary) evidence based on claimant experiences. It then introduces the empirical study, and presents two sets of fi ndings — fi rst, quantitative evidence of claimants’ broad experiences of claims processes, and second, more in-depth qualitative evidence of claimants’ refl ections and suggestions for change to improve practice. 7 Rafael Lozano et al, ‘Global and Regional Mortality from 235 Causes of Death for 20 Age Groups in 1990 and 2010: A Systematic Analysis for the Global Burden of Disease Study 2010’ (2012) 380 Lancett 2095; Christopher J L Murray et al, ‘Disability-Adjusted Life Years (DALYs) for 291 Diseases and Injuries in 21 Regions, 1990–2010: A Systematic Analysis for the Global Burden of Disease Study 2010’ (2012) 380 Lancett 2197; Marisol Concha-Barrientos et al, ‘The Global Burden Due to Occupational Injury’ (2005) 48 American Journal of Industrial Medicine 470. 8 Christine Coumarelos et al, Law and Justice Foundation of
Load more

Recommended publications
  • Worksafe Victoria Is a Trading Name of the Victorian Workcover Authority
    Guidebook Horse stables and track riding safety Edition 2 August 2018 Contents Part 1: Introduction 3 Part 4: Track riding safety (training venues) 37 Roles and responsibilities 3 Track induction 37 Identifying hazards and controlling risks 5 Track supervision 38 Part 2: Stable safety 7 Training venue facilities and amenities 39 Induction 7 Hazard identification on the track 40 Training and competency of employees 7 Tracks and fencing 41 Workplace bullying and violence 7 Track first aid and emergency evacuation 44 Drugs and alcohol in the workplace 8 Racecourse stabling and stripping/tie-up Fatigue 9 stalls 45 Facilities 10 Access walkways from stalls to tracks 46 First aid 11 Track work riding - management Fire protection and emergency evacuation 12 and supervision 47 Design and layout 13 Personal protective equipment (PPE) 49 Personal protective equipment (PPE) 14 Horse riding gear 51 Housekeeping 15 Vehicle and pedestrian crossings and internal roadways 52 Stable security - perimeter fencing 16 Running rails 53 Electrical safety 17 Training tracks 56 Hazardous substances/dangerous goods 18 Crossings 57 Hazardous manual handling 20 Gaps and chutes 58 Specific items of plant – oat crushers, mixers and augers 22 Practice gates/barriers 58 Quad bikes 24 Fast/slow work on tracks 59 Handling and transporting horses 25 Jump outs 60 Part 3: Ancillary plant and facilities 28 Glossary 61 Horse swimming pools 28 Appendix A: Rider’s vests, helmets Swimming dams 30 and boots 62 Horse washes 31 Appendix B: Stable inspection checklist 63 Horse treadmills 32 Appendix C: Register of injuries 69 Horse walkers 34 Further information 72 Sand roll 35 Bullrings 36 WorkSafe Victoria is a trading name of the Victorian WorkCover Authority.
    [Show full text]
  • Preventing Occupational Violence a Policy Framework Including
    Preventing occupational violence A policy framework including principles for managing weapons in Victorian health services 4 Clinical review of area mental health services 1997-2004 Preventing occupational violence A policy framework including principles for managing weapons in Victorian health services Updated December 2011 Acknowledgement The Department of Health would like to acknowledge the members of the Victorian Taskforce on Violence in Nursing who shared their extensive and diverse knowledge and experience in the Victorian health sector to inform this work. Professor Duncan Chappell has been involved in research and public policy development related to workplace violence for over a decade. He worked at the Australian Institute of Criminology (Canberra) and was the chair of the NSW Health Taskforce on prevention and management of violence in the health workforce. His contribution to this work requires special thanks. Accessibility If you would like to receive this publication in an accessible format phone 9096 8398 using the National Relay Service 13 36 77 if required, or email: [email protected] This document is available as a PDF on the internet at: www.health.vic.gov.au/nursing/promoting/noviolence © Copyright, State of Victoria, Department of Health 2011 This publication is copyright, no part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. Authorised and published by the Victorian Government, 50 Lonsdale Street, Melbourne. Except where otherwise indicated, the
    [Show full text]
  • Isolation of Plant Procedure
    ISOLATION OF PLANT PROCEDURE SCOPE This procedure applies to all staff, students and contractors using or working with plant. This procedure is applicable to all plant that may cause personnel injury or death due to uncontrolled or accidental re-activation of hazardous energy sources. PROCEDURE STATEMENT The purpose of this procedure is to set out the requirements for: • The identification, management and safe isolation of hazardous energy sources resulting from plant and associated systems; • Providing information related to the isolation and management of plant using Lock Out/Tag Out (LOTO) processes and associated equipment. 1. When is Plant Isolation Required This procedure must be followed when: 1.1.1 Damaged, malfunctioning or faulty plant is identified – (see Section 4, ‘Removing Plant from Service’) 1.1.2 Such instances usually result from activities not associated with normal plant operation or personnel interaction, such as during: • Initial testing, commissioning, installation or alteration of plant; • Routine or ad-hoc maintenance, including replacing consumable items internal/external to the plant (cutting blades, filters, dangerous goods gas cylinders, etc.); • The repair of damaged or faulty plant, sub systems and peripherals; • Cleaning and inspection activities; • Decommissioning and removal (including disposal) of plant. 1.1.3 The above activities should be considered, identified and evaluated via a documented plant specific or work activity risk assessment. If there is an identified risk of hazardous energy causing harm, the isolation process must be adhered to. 2. Requirement for Plant Specific Isolation Procedures Where documented plant specific or work activity risk assessments identify the potential for accidental re-energisation or the release of uncontrolled hazardous energy, the plants Responsible Officer must develop specific pre-determined instructions for isolation, de- energising, and re-activation activities.
    [Show full text]
  • Environmental Health Notes No. 1 Asbestos––Roles and Responsibilities Forgovernment
    Environmental health notes No. 1 Asbestos––Roles and responsibilities forgovernment Environmental health notes No. 1 Asbestos––Roles and responsibilities for government Department of Human Service Environmental Health Unit Health Risk Assessment and Management Program June 2005 ii Environmental health notes No. 1: Asbestos––Roles and responsibilities for government Acknowledgment The Environmental Health Unit, Department of Human Services, prepared these guidelines with input and advice of the following stakeholders: Environment Protection Authority Victoria (EPA) WorkSafe Victoria City of Moreland Australian Institute of Environmental Health (AIEH) Country Fire Authority (CFA)/Metropolitan Fire and Emergency Services Board (MFB) Victorian Building Commission (BC). This document has been prepared in good faith, exercising due care and attention. However no representations or warranties are expressed or implied, in relation to the relevance, accuracy, completeness or fitness for the purpose of this document in respect of any particular user’s circumstances. Users of this document should satisfy themselves concerning its application to managing asbestos issues and where necessary, seek expert advice about their situation. The Department of Human Services shall not be liable to any person or entity with respect to any liability, loss or damage caused or alleged to have been caused directly or indirectly by this publication. Published by Rural and Regional Health and Aged Care Services, Victorian, Australia, June 2005 © CopyrightState ofVictoria 2005 This publication is copyright, no part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. This document may be downloaded from the Department of Human Services web site at: www.health.vic.gov.au/environment/ Authorised by the State Government, 120 Spencer Street, Melbourne.
    [Show full text]
  • Safe Operating Procedures Guidelines
    Safe Operating Procedures Page 1 Owner: Health, Wellbeing and Safety (HR) Last Review: 12 September 2019 Contents What are Safe Operating Procedures? ................................................................................................ 1 Safe Operating Procedures policy ........................................................................................................ 1 Responsibilities .................................................................................................................................... 2 Developing Safe Operating Procedures ............................................................................................... 2 Supporting Documents ........................................................................................................................ 3 Examples .............................................................................................................................................. 4 What are Safe Operating Procedures? Safe Operating Procedures (SOPs) (or Safe Working Procedures (SWP)) are operational documents created locally to describe the safest and most efficient way to perform a certain task, carry out an operation or operate a machine/tool. Safe Operating Procedures will normally come from a risk assessment as an administrative control. Written Safe Operating Procedures are an essential part of a safe system of work and are an important part of an overall occupational health and safety program. Safe Operating Procedures provide information necessary to
    [Show full text]
  • Workplace Safety Australia Pty Ltd
    Safety Alert: 03-2016 .. 05 February 2016 WORKPLACE SAFETY AUSTRALIA PTY LTD This OHS Alert is the copyright of Workplace Safety Australia Pty Ltd. Other than for the purposes, and subject to the conditions prescribed under the Copyright Act 1968, you may not replicate, forward, copy or otherwise transmit this OHS Alert to any other party, except pursuant to the following terms, without the prior written permission of Workplace Safety Australia. Paid subscribers of Workplace Safety Australia Pty Ltd who receive this OHS Alert as part of their subscription may forward or copy this publication within their business or organisation only pursuant to the terms of their subscription. Under no circumstances should this OHS Alert be distributed or copied to any person, or organisation, or any other entity, outside of the subscriber organisation. In This Alert… 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 Note: Web hyperlinks are reproduced in their full text throughout Workplace Safety Australia’s Alerts.
    [Show full text]
  • Victorian Workcover Authority © Victorian Workcover Authority 2002
    Auditing Health and Safety Management Systems 4th Edition SafetyMAP: AUDITING HEALTH AND SAFETY MANAGEMENT SYSTEMS 4th Edition Published by the Victorian WorkCover Authority © Victorian WorkCover Authority 2002 First Published 1994 (As ‘A Guide to Occupational Health and Safety Management Systems’) Second Edition 1995 Reprinted 1997 Third Edition 1997 Fourth Edition 2002 ISBN 0-7594-3102-7 This book is copyright. Apart from any fair dealing for the purpose of study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be made to: WorkSafe Victoria P.O. Box 4306 Melbourne Vic 3001 Australia CONTENTS Preface. 2 3.10 Hazard identification, risk assessment and control of risks – Specific . 24 Acknowledgements . 2 Access control . 25 Introducing SafetyMAP . 3 (Use of) Contractors . 25 Design . 25 PART 1: SafetyMAP EXPLAINED Disposal of materials and substances . 25 Employee welfare . 25 The SafetyMAP approach . 4 Hazardous substances/dangerous goods. 25 The SafetyMAP process . 4 Permit to work . 25 Starting out-conducting a self-assessment. 4 Personal protective equipment . 25 Continual improvement and self-audit. 5 Plant . 25 Certification. 6 Purchasing goods . 26 Documentation required . 7 Signage . 26 Applying for a SafetyMAP certificate … . 7 Storage and transport of materials . 26 Supervision . 26 A guide to internal auditing . 8 Supply of goods and services . 26 Traceability . 26 SafetyMAP certification levels . 10 3.11 Emergency preparedness and response . 27 Definitions . 11 Element 4 Measurement and evaluation . 28 PART 2: AUDIT CRITERIA 4.1 Monitoring and measurement – General . 28 4.2 Monitoring and measurement Element 1 Health and safety policy .
    [Show full text]
  • The Monitor Keeping All Those with an Interest in OHS Informed of Developments in Workplace Health and Safety Nationally and Internationally
    the monitor keeping all those with an interest in OHS informed of developments in workplace health and safety nationally and internationally Issue 3 Vol 21 MAY 2017 L-R Hon Bill Johnston, MLA, Terry Slevin, Prof Lin Fritschi, Dr Michael Maxwell, Dr Peter Connaughton, Michael Tunnecliffe OHSA(WA) SEMINAR - Thursday, 13 July 2017 Improving Occupational Health for West Australians The Occupational Health Society of Australia (WA) will conduct an important and topical seminar on 13 July 2017 which will address a range of issues of concern to occupational health and safety professionals. Matters for consideration and discussion: • The future direction of occupational health and safety legislation in Western Australia • Growing concerns with the incidence of occupational carcinogens • The role of occupational health physicians and the monitoring of workplaces and the health of employees under the expected Model OHS legislation • The current status and direction of hazardous chemicals exposure in Australian workplaces Details Date: Thursday, 13 July 2017 Venue: Cambridge Room, City West Receptions, 45 Plaistowe Mews, Perth Time: 8:30 am – 12:30 pm Continued on page 3 OccupatiOnal HealtH SOciety Of auStralia (Wa) Occupational Health Society of Australia (WA) PO Box 171 Belmont WA 6984 www.ohswa/marcsta.com ABN: dfkjdlkfjdlkfjlkjfd PO Box 171, Belmont WA 6984 Telephone: 6272 6120 www.ohswa.marcsta.com email: [email protected] ABN: 83 170 105830 In this issue . Legislation/Regulation A new era in occupational health and safety in WA ................................4
    [Show full text]
  • Compliance Code Managing Asbestos in Workplaces Contents
    Edition No. 1 September 2008 Compliance Code Managing asbestos in workplaces Contents Preface 2 Indicating the presence of asbestos 26 Introduction 3 Controlling risks to health associated Purpose 3 with the presence of asbestos 27 Scope 3 Deciding if there is a risk to health that needs controlling 27 Application 4 Controlling risk using the hierarchy of control measures 28 Consultation 4 Proper installation and maintenance of control measures 33 General requirements of the Occupational Information, instruction and training 33 Health and Safety Regulations 2007 6 Demolition and refurbishment 34 Duty to control exposure to airborne asbestos fibres 6 Definition of the terms ‘demolition’ and ‘refurbishment’ 34 Regulatory prohibitions 8 Review of the asbestos register prior Prohibitions under the Occupational Health and to demolition or refurbishment 36 Safety Act 2004 (regulations 4.3.7 to 4.3.9) 8 What to do if the asbestos register Prohibitions under the Dangerous Goods Act 1985 indicates that asbestos is present 37 (regulations 4.3.10 to 4.3.16) 10 Duties that apply if no asbestos register Exclusions from the dangerous goods prohibitions 10 exists for the workplace 37 Supply, storage, transport, sale and use of fixed Demolition and refurbishment at domestic premises 38 or installed asbestos 10 Conducting asbestos removal prior Brake shoes lined with asbestos 11 to demolition or refurbishment 39 Other exclusions from the prohibitions 11 Workplace emergency where asbestos is present 39 Responsibilities of importers and suppliers of Asbestos
    [Show full text]
  • Safetymap Advanced Level User Guide
    SafetyMAP Advanced Level User Guide Advanced Level User Guide 4th Edition Introduction This User Guide has been produced to support SafetyMAP: Auditing Health and Safety Management Systems, 4th Edition and it is assumed that persons using this Guide will be familiar with that publication. This User Guide is intended to assist persons who are wanting to gain further information about the SafetyMAP audit criteria. This should make it particularly useful to SafetyMAP auditors and those who are intending to be audited against SafetyMAP. The information should also be useful if you are using SafetyMAP as a guide to assist in the development of your health and safety management system. This Guide provides: • Information about the SafetyMAP Certification program; • Explanation of the SafetyMAP criteria; and • Examples of evidence that may assist in demonstrating conformance to the SafetyMAP criteria. This Guide is also designed so that it can be used as a workbook. SafetyMAP Certification If you are interested having your system certified, SafetyMAP Certification is available at two levels of system performance: 1. Initial Level; and 2. Advanced Level. The Table SafetyMAP Certificate Levels on page 256 shows the criteria at the two Certificate levels. To gain Certification to SafetyMAP Initial Level requires conformance by an organisation to the 82 Initial Level Criteria. SafetyMAP Advanced Certification requires conformance by an organization to all SafetyMAP 4th edition criteria. Certification Bodies If you wish to have your health and safety management system certified to the requirements of SafetyMAP, you will need the services of a company that undertakes this task. Only companies accredited by the ‘Joint Accreditation System – Australia and New Zealand’ (JAS‐ANZ) may conduct SafetyMAP certification audits and award SafetyMAP certificates.
    [Show full text]
  • Occupational Lung Disease in Australia
    Occupational Lung Disease in Australia Everyone should be able to work in an environment free from harm. Complacency has led to hundreds of people being diagnosed with preventable and incurable lung diseases. A national approach across every state and territory in Australia is required to protect workers from exposure to hazardous dust, gases or fumes. Occupational lung diseases are an important and under-recognised cause of respiratory ill health in Australia (1). These disorders are a preventable and treatable cause of much sickness, disability and death. In addition to the traditional “dust diseases”, occupational lung disease encompasses a wide spectrum of disorders. Some of the most common examples include: • Work-related asthma • Asbestos-related conditions (mesothelioma, asbestosis, lung cancer and benign pleural conditions) • Silicosis • Coal dust pneumoconiosis (Black Lung) • Chronic Obstructive Pulmonary Disease (COPD) • Chronic Bronchitis • Other pneumoconiosis (hard metal lung disease, chronic beryllium disease, talcosis) • Hypersensitivity pneumonitis (farmers lung, bagassosis) Occupational lung disease is under-recognised in Australia, and there are limited data available on disease prevalence (1). There is also, often a long latency period of many years between exposure and diagnosis and because of this, the link to occupation and current disease may not be made. However, international studies have shown that approximately 15% of adult-onset cases of asthma and COPD are related to occupational exposures, and, importantly, 10-25% of cases of lung cancer (1). One quarter of working people with asthma either have their asthma caused by their work or made worse by their working conditions (1). There is a wide spectrum of occupational causes of interstitial lung disease that if not considered may result in the misdiagnosis of idiopathic pulmonary fibrosis.
    [Show full text]
  • 4957 VWA Officewise
    A handbook for workplaces Officewise – A guide to health & safety in the office Edition No. 5 January 2006 CONTENTS Introduction. 1 5. Working with computers . 49 Using this guide . 1 Health effects . 51 How this guide can help you. 1 6. General health and safety issues in the office . 53 1. Managing occupational health and safety Specific health and safety issues. 53 in the office . 2 Emergency management. 56 The risk management approach . 2 Copying and similar equipment . 57 Identifying hazards in the office . 6 Hazardous substances . 58 Occupational health and safety legislation . 9 Housekeeping issues in the office. 59 Developing a health and safety policy . 10 Appendices. 62 2. Job design in office work. 12 A. Setting up your workstation . 62 Physical factors . 12 B. Exercises for office workers . 68 Psychosocial factors at work. 13 C. Office Safety Checklist . 72 Reducing stress through good job design . 17 Job design . 73 3. Designing a healthy and safe working Social and psychological issues . 74 environment . 22 Manual handling . 75 Lighting in the office . 22 Environmental factors. 76 Noise in the office . 26 Office layout . 78 Thermal comfort and air quality in the office . 29 Workstations . 79 4. Office layout, workstations and equipment . 32 Office equipment and tools. 80 Office layout and design. 32 Storage . 81 Workstation design. 33 Copying equipment . 82 Chairs. 34 Hazardous substances. 83 Desks and workbenches . 37 Electrical hazards . 84 Data input devices – keyboards, the mouse, Housekeeping . 85 and other pointing devices . 39 D. References and advice – where to obtain them . 89 Other office equipment . 40 Subject index .
    [Show full text]