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January OHS News

Broken Hill mining death investigated

An investigation is under way into the death of a man at an underground mine in Broken Hill, in far western New South Wales, last night.

The man died when he was crushed against a wall by heavy machinery.

The Department of Primary Industries says a report for the coroner is expected to take six to 12 months.

Mining company Perilya has suspended operations at the mine, and counselling services are being provided for the man's friends and family.

Adding insult to injury

January 10, 2007 12:00 Article from: The Daily Telegraph

 

Bad law is turning ordinary NSW businesspeople into criminals, TOM SMITH * reports on his disturbing experience

I'VE always considered myself an honest man but, at the age of 62 and after 40 years in business, I'm shocked and traumatised to find myself with a criminal conviction.

What's more painful is I had no control over the events for which I have been deemed guilty.

What happened to me can happen to any person involved in any business in NSW – but if you work in another state it would not happen.

Whether you run a one-person business or are involved in any level of management of larger businesses in NSW, you need to be afraid of the NSW occupational health and safety laws.

I've run small and medium businesses in NSW all my life. I was once proud to live in this state. I operate a labour hire business and we take work safety very seriously. We have a strong safety record in difficult industries.

In 2000 we had an employee working at a company on a machine that pressed out metal caps for power poles. The machine malfunctioned, crushing four of our employee's fingers. We were shocked by the incident and co-operated fully in the investigation. We supported our employee.

In the court case against me, the judge found the machine failure was totally beyond my control and impractical for me to prevent. However, I'm still criminally guilty and I fail to understand why.

I've some questions for the Premier. If I don't own a machine or the property on which it sits, didn't make or design the machine nor have the capacity to direct its use or maintenance, how can I be held responsible when it fails? What sort of strange law holds me guilty for something I can't control?

Mr Iemma, if I drove a car and the wheel fell off, causing an accident, would you convict me over something I could not control?

If you did it would mean everyone who had a car accident would face automatic criminal prosecution. It's nonsense and illogical.

I was convicted because Mr Iemma's OHS laws declare that, as soon as a work accident happens, the employer is automatically guilty whether there's fault or not. I was the labour hire employer of my injured worker. The technical wording of the NSW OHS Act says I'm guilty because I'm the employer.

I did nothing wrong – I'd done everything a good employer must do in following safety procedures.

In NSW under these OHS laws, you are denied a trial before jury and normal rights to appeal.

No other state has these laws. Other states have sensible OHS laws that hold everyone responsible for what they reasonably and practically control.

I'm happy to be held responsible under those circumstances and that's why I'm looking for business opportunities outside NSW.

I'm angry. I've discovered that a labour hire company that had three of its employees killed in the Gretley mining tragedy in the Hunter Valley has not been prosecuted.

The Government refuses to reveal why the directors of the labour hire company haven't been prosecuted. According to a recent report, the labour hire company, United Mining Support Services, was owned by an ALP-affiliated union. Are unions exempt from prosecution? What's happened to justice in this state?

Mr Iemma undertook last year to change these laws but backed down at the last minute because NSW unions would not agree. Instead he pushed the issue off to another inquiry which will report after the March state election.

I feel betrayed. There are plenty of other people in the same situation. We are honest but are technically criminals over occurrences we could not control.

ALP politics created this.

Will they fix it? I don't think so!

* Tom Smith is managing director, DSC Managememt

Man dies under submerged mower

January 03, 2007 09:38am Article from: AAP

 

A MAN was killed when he was pinned under a ride-on mower after it toppled into a dam in central-western NSW.

Emergency personnel found the body of the 45-year-old man under the submerged mower in the dam at a factory in Oberon about 5.30pm (AEDT).

A crane was used to hoist the mower out of the water before the man's body could be retrieved.

Police believed the man got too close to the edge of the dam while he was mowing the grass and the machine fell in.

Construction worker dies

January 03, 2007 12:00am

Article from: Herald-Sun
 
THE death of a construction worker on the first day of the working year has prompted a warning from the state's work safety authority.

A 30-year-old Langwarrin man was crushed to death when the excavator he was driving toppled from a trailer at a house at Narre Warren North about 8am.

The man was unloading the excavator from a truck in Caithwill Court when he was pinned beneath the machinery.

He was dead when ambulance crew arrived.

The death meant a grim start to the new year, with WorkSafe Victoria reiterating its call for workplace vigilance.

The death toll in Victorian workplace accidents last year was more than 60 per cent above 2005's: 29 were killed and more than 30,000 were injured. This human loss also cost business $1 billion.

WorkSafe chief executive officer Ian Forsyth said that, while Victorian workplaces were Australia's safest, more could be done to prevent tragedies on the job. "Obviously 29 people dying in 12 months is 29 people too many," he said.

Seventeen of the deaths occurred in country Victoria, the others in Melbourne and its suburbs. Construction and manufacturing were the riskiest fields (five deaths each); four people were killed on farms.

For every 1000 Victorian workers, 53.6 were injured at work in 2005-06. The national average was 64.6 per 1000.

Mr Forsyth said workplace and road safety were both important.