Embed Size (px)
Citation preview
News
June 2015
ldquoLeading Changerdquo
Forum 11th June
Book Now
Safety Survey
2015
Strategic Planning
Workshop
17th
June
DOES SAFETY
PAY OFF
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 2
Whatrsquos new for June
Welcome to the June edition of Safety Action News
Does good workplace safety pay off This month we examine a
recent study to see if high performing businesses also perform
well in workplace safety
Itrsquos your last chance to book into the Leading Change Forum
being held at Toyota on Thursday 11th June See details on
page 5
Stay Safe
Gary Rowe CEO
Ph
illip
Kam
ay
bull Asbestos
bull Training amp Coaching
bull Culture amp Safety Leadership
bull Audits amp Risk Assessments
An
dre
a R
ow
e
bull Hazardous Chemicals
bull Dangerous Goods
bull Machinery Safeguarding amp Risk Assessments
Kat
ie W
eb
er
bull Machinery Safety amp Zero Access
bull System Development
bull Audits
Dan
ielle
Sm
ith
bull Client Enquiries
bull Website Management
bull Training Coordination
Ste
ph
en
We
be
r
bull Research
bull Safety Audits
bull At-risk Workers
bull Accident Investigation
Gar
y R
ow
e
bull Strategic Planning
bull Facilitator
bull Safety Culture amp Leadership
bull Independent Investigations
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 3
Does Workplace Safety Pay Off We often hear comments like ldquohigh performing businesses also
perform well in workplace safetyrdquo but is this true
The Economic Society of Australia published a study on this topic a
few years ago to see if there was a link between workplace safety
performance and the share price of companies listed on the
Australian stock exchange
It was noted that this question is of particular interest to
institutional investors
The study was conducted by monitoring the share price of listed companies immediately before
and after workplace safety prosecutions by the Victorian WorkCover Authority (VWA) in order to
gauge the impact if any of such adverse news about the business
Similar studies in the US confirmed there was a negative impact on share price when
announcements are made about workplace safety prosecutions
Value of a Life
Interestingly the paper also cited another study which determined the ldquomarginal value of liferdquo in
the range $11m to $19m This value of life is probably closer to the opinions of affected families
and the growing community expectation but much higher than the current maximum legislative
penalties and astronomically higher than what the Australian courts are currently prepared to
ldquometer outrdquo
Good Managers Manage Safety
Westpac Investment Management (2000) assessed the
top 150 Australian-listed firms against OHS ratings
supplied by the Monash University Accident Research
Centre (MUARC) and found those businesses with
higher OHS performance ratings outperformed the
SampP200 index over a 10 year period The authors
suggested the link between OHS performance and
share returns reflect superior management although it
is noted this question was not specifically addressed in
the research paper
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 4
To subscribe to our quarterly Legislative Update service
Contact us to find out more ndash T 03 9690 6311
US Share Price Drops with OSHA Penalty
The literature available on the impact of legislation on injury rates which is largely North American
based has shown OSHA Regulations have little real effect on work injury rates
However in the US it is clear that the share price does drop around the time that OSHA
prosecutions are reported in the Wall Street Journal
The time from offence to penalty in Australia is typically between 6 months and 2 years with an
average of about 1 year
Study Findings
Whilst an announcement of a WorkCover prosecution is regarded as bad news the study found
that the relatively low fines (average $33000 for the study period) and greater propensity to
implement improvements prior to going to court (eg mitigation) in Australia compared to
contested larger US OSHA fines results in negligible share-price impact on Australian listed
companies
Inadequate Consequence for Real Change
No one likes criminal prosecutions or fines but the reality is business applies its attention and
resources to those aspects of the business that have the highest impact ndash positive or negative and
workplace safety whilst important is not the top priority for most organisations (despite their
safety slogans) This is particularly true in Australia where the OHS penalties are orders of
magnitude lower than in the US
For more information about this study and the results call Gary Rowe on T 03 9690 6311
Managers Face Manslaughter Charges
The South Australian parliament is soon to debate a new bill which will introduce the category
offence of industrial manslaughter for PCBUrsquos and officers who breach their primary duty of
care and should have known the breach would expose a person to substantial risk of serious
harm Convicted offenders could face up to 20 years jail and fines of up to $1 million
Further information will be provided to retainer customers in the next Legislative Update
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 5
Leading Change
Forum
Thursday 11th
June 10am to 3pm Every organisation experiences tough times and major change at some
time some numerous times in the working life of the existing team
This safety forum is focused on the issue of change and looks at how to
become a better leader in challenging circumstances
We are fortunate to have an impressive line-up of speakers to lead the
discussion including Chris Harrod Toyotarsquos Director of Manufacturing Andrew
Douglas Principal M+K Lawyers Tony Smith EGW Manager Business Risk and
Sean Hewat National Safety Supply Chain K-Mart and more
Call to book your place or for a copy of the brochure
Only $300 + GST Note Half of the fee goes to charity
T (03) 9690 6311 E mailtoenquiriessafetyactioncomau
Can Neighbours Use Power Tools at Night Most of us have experienced times when neighbours have kept us awake at night or simply
annoyed us with loud music power tools revving engines or noisy pets
Did you know
In Victoria loud music must be switched off by 10pm
Sunday to Thursday and 11pm on Friday and Saturday
nights (no matter how good the music is)
In NSW if a dog barks persistently you can issue your
neighbour with a nuisance order (assuming it is not your
dog barking)
In WA noisy hand-held power tools can only be used for up to 2 hours per day and only
between 7am and 7pm Monday to Saturday
In SA amp Qld the police can perform ldquonoise assessmentsrdquo if they receive complaints about
noisy vehicles
For a free FACT SHEET on the Neighbourhood Nuisance Noise Rules by State
call us T 03 9690 6311
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 6
GPS Tracking of Vehicles We were asked recently if GPS tracking of
company vehicles is allowed
The workplace safety and operational needs are
clear For example the need to know where lone
workers are if anything happens being able to
confirm company vehicles comply with traffic and
driver fatigue laws and adhere to agreed safe
routes
However concern has been expressed whether
such vehicle tracking infringes other legislation
and if so which legislation takes precedence
The challenges usually cite privacy and anti-surveillance laws as prohibiting GPS vehicle tracking in
the workplace Is this true
So letrsquos have a laymanrsquos look at these two pieces of legislation and recent case law eg how the
courts have interpreted the law in this contentious area
The Privacy and Data Collection Act 2014 would not apply to normal employer-
employee relationships as employers reasonably need to collect and store some personal
information for all employees Also this Act only applies to the Victorian public sector so does not
apply to general industry
The Surveillance Devices Act 1999 is primarily aimed at controlling ldquocovertrdquo (secret)
surveillance and illegal recording of private conversations or activities
This Act specifically allows properly approved covert surveillance by the authorities eg police and
federal agencies Therefore properly disclosed (GPS or other) tracking with appropriate workplace
consultation would almost certainly not be in contravention of this Act
Recent FWC Decision on Vehicle Monitoring
The Fair Work Commission (FWC) confirmed in a decision in July last year that ldquodriver monitoring
systems can lawfully be installedrdquo
The Transport Workers Union (TWA) opposed the installation of out-ward and driver facing
cameras in trucks operated by the major logistics firm TOLL on the basis this amounted to an
invasion of privacy
GPS Tracker Unit
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 7
The FWC acknowledged the issues on both sides including the privacy concerns but ultimately
concluded the workplace safety needs override the privacy concerns
Implementation Tips for Vehicle Tracking
1 Document clear objectives eg workplace safety not surveillance or recording of private
conversations
2 Document a risk assessment to outline perceived risks including business safety and
privacy and detail how concerns will be dealt with eg fairness and equity
3 Conduct consultation with all affected workers and keep records in case challenged at a
later date
4 Provide training on implementation and operation of vehicle tracking system
5 Display signage to ensure the monitoring is made known to all vehicle users ie not covert
Conclusion
The availability of technology to improve workplace safety compliance and efficiency is growing
rapidly in effectiveness and affordability We can reasonably expect the use of GPS and camera
monitoring of drivers and vehicles to become commonplace in the near future
The current laws do not prohibit installation of GPS or other vehicle (and sometimes driver)
monitoring systems for valid workplace safety reasons if implemented correctly eg after
appropriate consultation and prominently displayed signage to ensure the monitoring cannot be
alleged to be covert
Strategic Safety Planning Workshop
Melbourne ndash 17th June 2015
Following the successful inaugural session late last year Safety Action is
conducting another workshop on preparing strategic safety plans The
one-day session will be held on Wednesday 17 June 2015
This session is limited to a small number of safety leaders to allow for more interactive exercises
and discussion It is aimed at strategic safety personnel and senior operational managers
Your investment of $950 + GST will include a comprehensive folder with numerous sample
forms worked examples and practical exercises with morning tea and lunch provided
Call T (03) 9690 6311 for a copy of the workshop objectives and session outline or email
enquiriessafetyactioncomau
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 2
Whatrsquos new for June
Welcome to the June edition of Safety Action News
Does good workplace safety pay off This month we examine a
recent study to see if high performing businesses also perform
well in workplace safety
Itrsquos your last chance to book into the Leading Change Forum
being held at Toyota on Thursday 11th June See details on
page 5
Stay Safe
Gary Rowe CEO
Ph
illip
Kam
ay
bull Asbestos
bull Training amp Coaching
bull Culture amp Safety Leadership
bull Audits amp Risk Assessments
An
dre
a R
ow
e
bull Hazardous Chemicals
bull Dangerous Goods
bull Machinery Safeguarding amp Risk Assessments
Kat
ie W
eb
er
bull Machinery Safety amp Zero Access
bull System Development
bull Audits
Dan
ielle
Sm
ith
bull Client Enquiries
bull Website Management
bull Training Coordination
Ste
ph
en
We
be
r
bull Research
bull Safety Audits
bull At-risk Workers
bull Accident Investigation
Gar
y R
ow
e
bull Strategic Planning
bull Facilitator
bull Safety Culture amp Leadership
bull Independent Investigations
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 3
Does Workplace Safety Pay Off We often hear comments like ldquohigh performing businesses also
perform well in workplace safetyrdquo but is this true
The Economic Society of Australia published a study on this topic a
few years ago to see if there was a link between workplace safety
performance and the share price of companies listed on the
Australian stock exchange
It was noted that this question is of particular interest to
institutional investors
The study was conducted by monitoring the share price of listed companies immediately before
and after workplace safety prosecutions by the Victorian WorkCover Authority (VWA) in order to
gauge the impact if any of such adverse news about the business
Similar studies in the US confirmed there was a negative impact on share price when
announcements are made about workplace safety prosecutions
Value of a Life
Interestingly the paper also cited another study which determined the ldquomarginal value of liferdquo in
the range $11m to $19m This value of life is probably closer to the opinions of affected families
and the growing community expectation but much higher than the current maximum legislative
penalties and astronomically higher than what the Australian courts are currently prepared to
ldquometer outrdquo
Good Managers Manage Safety
Westpac Investment Management (2000) assessed the
top 150 Australian-listed firms against OHS ratings
supplied by the Monash University Accident Research
Centre (MUARC) and found those businesses with
higher OHS performance ratings outperformed the
SampP200 index over a 10 year period The authors
suggested the link between OHS performance and
share returns reflect superior management although it
is noted this question was not specifically addressed in
the research paper
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 4
To subscribe to our quarterly Legislative Update service
Contact us to find out more ndash T 03 9690 6311
US Share Price Drops with OSHA Penalty
The literature available on the impact of legislation on injury rates which is largely North American
based has shown OSHA Regulations have little real effect on work injury rates
However in the US it is clear that the share price does drop around the time that OSHA
prosecutions are reported in the Wall Street Journal
The time from offence to penalty in Australia is typically between 6 months and 2 years with an
average of about 1 year
Study Findings
Whilst an announcement of a WorkCover prosecution is regarded as bad news the study found
that the relatively low fines (average $33000 for the study period) and greater propensity to
implement improvements prior to going to court (eg mitigation) in Australia compared to
contested larger US OSHA fines results in negligible share-price impact on Australian listed
companies
Inadequate Consequence for Real Change
No one likes criminal prosecutions or fines but the reality is business applies its attention and
resources to those aspects of the business that have the highest impact ndash positive or negative and
workplace safety whilst important is not the top priority for most organisations (despite their
safety slogans) This is particularly true in Australia where the OHS penalties are orders of
magnitude lower than in the US
For more information about this study and the results call Gary Rowe on T 03 9690 6311
Managers Face Manslaughter Charges
The South Australian parliament is soon to debate a new bill which will introduce the category
offence of industrial manslaughter for PCBUrsquos and officers who breach their primary duty of
care and should have known the breach would expose a person to substantial risk of serious
harm Convicted offenders could face up to 20 years jail and fines of up to $1 million
Further information will be provided to retainer customers in the next Legislative Update
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 5
Leading Change
Forum
Thursday 11th
June 10am to 3pm Every organisation experiences tough times and major change at some
time some numerous times in the working life of the existing team
This safety forum is focused on the issue of change and looks at how to
become a better leader in challenging circumstances
We are fortunate to have an impressive line-up of speakers to lead the
discussion including Chris Harrod Toyotarsquos Director of Manufacturing Andrew
Douglas Principal M+K Lawyers Tony Smith EGW Manager Business Risk and
Sean Hewat National Safety Supply Chain K-Mart and more
Call to book your place or for a copy of the brochure
Only $300 + GST Note Half of the fee goes to charity
T (03) 9690 6311 E mailtoenquiriessafetyactioncomau
Can Neighbours Use Power Tools at Night Most of us have experienced times when neighbours have kept us awake at night or simply
annoyed us with loud music power tools revving engines or noisy pets
Did you know
In Victoria loud music must be switched off by 10pm
Sunday to Thursday and 11pm on Friday and Saturday
nights (no matter how good the music is)
In NSW if a dog barks persistently you can issue your
neighbour with a nuisance order (assuming it is not your
dog barking)
In WA noisy hand-held power tools can only be used for up to 2 hours per day and only
between 7am and 7pm Monday to Saturday
In SA amp Qld the police can perform ldquonoise assessmentsrdquo if they receive complaints about
noisy vehicles
For a free FACT SHEET on the Neighbourhood Nuisance Noise Rules by State
call us T 03 9690 6311
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 6
GPS Tracking of Vehicles We were asked recently if GPS tracking of
company vehicles is allowed
The workplace safety and operational needs are
clear For example the need to know where lone
workers are if anything happens being able to
confirm company vehicles comply with traffic and
driver fatigue laws and adhere to agreed safe
routes
However concern has been expressed whether
such vehicle tracking infringes other legislation
and if so which legislation takes precedence
The challenges usually cite privacy and anti-surveillance laws as prohibiting GPS vehicle tracking in
the workplace Is this true
So letrsquos have a laymanrsquos look at these two pieces of legislation and recent case law eg how the
courts have interpreted the law in this contentious area
The Privacy and Data Collection Act 2014 would not apply to normal employer-
employee relationships as employers reasonably need to collect and store some personal
information for all employees Also this Act only applies to the Victorian public sector so does not
apply to general industry
The Surveillance Devices Act 1999 is primarily aimed at controlling ldquocovertrdquo (secret)
surveillance and illegal recording of private conversations or activities
This Act specifically allows properly approved covert surveillance by the authorities eg police and
federal agencies Therefore properly disclosed (GPS or other) tracking with appropriate workplace
consultation would almost certainly not be in contravention of this Act
Recent FWC Decision on Vehicle Monitoring
The Fair Work Commission (FWC) confirmed in a decision in July last year that ldquodriver monitoring
systems can lawfully be installedrdquo
The Transport Workers Union (TWA) opposed the installation of out-ward and driver facing
cameras in trucks operated by the major logistics firm TOLL on the basis this amounted to an
invasion of privacy
GPS Tracker Unit
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 7
The FWC acknowledged the issues on both sides including the privacy concerns but ultimately
concluded the workplace safety needs override the privacy concerns
Implementation Tips for Vehicle Tracking
1 Document clear objectives eg workplace safety not surveillance or recording of private
conversations
2 Document a risk assessment to outline perceived risks including business safety and
privacy and detail how concerns will be dealt with eg fairness and equity
3 Conduct consultation with all affected workers and keep records in case challenged at a
later date
4 Provide training on implementation and operation of vehicle tracking system
5 Display signage to ensure the monitoring is made known to all vehicle users ie not covert
Conclusion
The availability of technology to improve workplace safety compliance and efficiency is growing
rapidly in effectiveness and affordability We can reasonably expect the use of GPS and camera
monitoring of drivers and vehicles to become commonplace in the near future
The current laws do not prohibit installation of GPS or other vehicle (and sometimes driver)
monitoring systems for valid workplace safety reasons if implemented correctly eg after
appropriate consultation and prominently displayed signage to ensure the monitoring cannot be
alleged to be covert
Strategic Safety Planning Workshop
Melbourne ndash 17th June 2015
Following the successful inaugural session late last year Safety Action is
conducting another workshop on preparing strategic safety plans The
one-day session will be held on Wednesday 17 June 2015
This session is limited to a small number of safety leaders to allow for more interactive exercises
and discussion It is aimed at strategic safety personnel and senior operational managers
Your investment of $950 + GST will include a comprehensive folder with numerous sample
forms worked examples and practical exercises with morning tea and lunch provided
Call T (03) 9690 6311 for a copy of the workshop objectives and session outline or email
enquiriessafetyactioncomau
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 3
Does Workplace Safety Pay Off We often hear comments like ldquohigh performing businesses also
perform well in workplace safetyrdquo but is this true
The Economic Society of Australia published a study on this topic a
few years ago to see if there was a link between workplace safety
performance and the share price of companies listed on the
Australian stock exchange
It was noted that this question is of particular interest to
institutional investors
The study was conducted by monitoring the share price of listed companies immediately before
and after workplace safety prosecutions by the Victorian WorkCover Authority (VWA) in order to
gauge the impact if any of such adverse news about the business
Similar studies in the US confirmed there was a negative impact on share price when
announcements are made about workplace safety prosecutions
Value of a Life
Interestingly the paper also cited another study which determined the ldquomarginal value of liferdquo in
the range $11m to $19m This value of life is probably closer to the opinions of affected families
and the growing community expectation but much higher than the current maximum legislative
penalties and astronomically higher than what the Australian courts are currently prepared to
ldquometer outrdquo
Good Managers Manage Safety
Westpac Investment Management (2000) assessed the
top 150 Australian-listed firms against OHS ratings
supplied by the Monash University Accident Research
Centre (MUARC) and found those businesses with
higher OHS performance ratings outperformed the
SampP200 index over a 10 year period The authors
suggested the link between OHS performance and
share returns reflect superior management although it
is noted this question was not specifically addressed in
the research paper
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 4
To subscribe to our quarterly Legislative Update service
Contact us to find out more ndash T 03 9690 6311
US Share Price Drops with OSHA Penalty
The literature available on the impact of legislation on injury rates which is largely North American
based has shown OSHA Regulations have little real effect on work injury rates
However in the US it is clear that the share price does drop around the time that OSHA
prosecutions are reported in the Wall Street Journal
The time from offence to penalty in Australia is typically between 6 months and 2 years with an
average of about 1 year
Study Findings
Whilst an announcement of a WorkCover prosecution is regarded as bad news the study found
that the relatively low fines (average $33000 for the study period) and greater propensity to
implement improvements prior to going to court (eg mitigation) in Australia compared to
contested larger US OSHA fines results in negligible share-price impact on Australian listed
companies
Inadequate Consequence for Real Change
No one likes criminal prosecutions or fines but the reality is business applies its attention and
resources to those aspects of the business that have the highest impact ndash positive or negative and
workplace safety whilst important is not the top priority for most organisations (despite their
safety slogans) This is particularly true in Australia where the OHS penalties are orders of
magnitude lower than in the US
For more information about this study and the results call Gary Rowe on T 03 9690 6311
Managers Face Manslaughter Charges
The South Australian parliament is soon to debate a new bill which will introduce the category
offence of industrial manslaughter for PCBUrsquos and officers who breach their primary duty of
care and should have known the breach would expose a person to substantial risk of serious
harm Convicted offenders could face up to 20 years jail and fines of up to $1 million
Further information will be provided to retainer customers in the next Legislative Update
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 5
Leading Change
Forum
Thursday 11th
June 10am to 3pm Every organisation experiences tough times and major change at some
time some numerous times in the working life of the existing team
This safety forum is focused on the issue of change and looks at how to
become a better leader in challenging circumstances
We are fortunate to have an impressive line-up of speakers to lead the
discussion including Chris Harrod Toyotarsquos Director of Manufacturing Andrew
Douglas Principal M+K Lawyers Tony Smith EGW Manager Business Risk and
Sean Hewat National Safety Supply Chain K-Mart and more
Call to book your place or for a copy of the brochure
Only $300 + GST Note Half of the fee goes to charity
T (03) 9690 6311 E mailtoenquiriessafetyactioncomau
Can Neighbours Use Power Tools at Night Most of us have experienced times when neighbours have kept us awake at night or simply
annoyed us with loud music power tools revving engines or noisy pets
Did you know
In Victoria loud music must be switched off by 10pm
Sunday to Thursday and 11pm on Friday and Saturday
nights (no matter how good the music is)
In NSW if a dog barks persistently you can issue your
neighbour with a nuisance order (assuming it is not your
dog barking)
In WA noisy hand-held power tools can only be used for up to 2 hours per day and only
between 7am and 7pm Monday to Saturday
In SA amp Qld the police can perform ldquonoise assessmentsrdquo if they receive complaints about
noisy vehicles
For a free FACT SHEET on the Neighbourhood Nuisance Noise Rules by State
call us T 03 9690 6311
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 6
GPS Tracking of Vehicles We were asked recently if GPS tracking of
company vehicles is allowed
The workplace safety and operational needs are
clear For example the need to know where lone
workers are if anything happens being able to
confirm company vehicles comply with traffic and
driver fatigue laws and adhere to agreed safe
routes
However concern has been expressed whether
such vehicle tracking infringes other legislation
and if so which legislation takes precedence
The challenges usually cite privacy and anti-surveillance laws as prohibiting GPS vehicle tracking in
the workplace Is this true
So letrsquos have a laymanrsquos look at these two pieces of legislation and recent case law eg how the
courts have interpreted the law in this contentious area
The Privacy and Data Collection Act 2014 would not apply to normal employer-
employee relationships as employers reasonably need to collect and store some personal
information for all employees Also this Act only applies to the Victorian public sector so does not
apply to general industry
The Surveillance Devices Act 1999 is primarily aimed at controlling ldquocovertrdquo (secret)
surveillance and illegal recording of private conversations or activities
This Act specifically allows properly approved covert surveillance by the authorities eg police and
federal agencies Therefore properly disclosed (GPS or other) tracking with appropriate workplace
consultation would almost certainly not be in contravention of this Act
Recent FWC Decision on Vehicle Monitoring
The Fair Work Commission (FWC) confirmed in a decision in July last year that ldquodriver monitoring
systems can lawfully be installedrdquo
The Transport Workers Union (TWA) opposed the installation of out-ward and driver facing
cameras in trucks operated by the major logistics firm TOLL on the basis this amounted to an
invasion of privacy
GPS Tracker Unit
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 7
The FWC acknowledged the issues on both sides including the privacy concerns but ultimately
concluded the workplace safety needs override the privacy concerns
Implementation Tips for Vehicle Tracking
1 Document clear objectives eg workplace safety not surveillance or recording of private
conversations
2 Document a risk assessment to outline perceived risks including business safety and
privacy and detail how concerns will be dealt with eg fairness and equity
3 Conduct consultation with all affected workers and keep records in case challenged at a
later date
4 Provide training on implementation and operation of vehicle tracking system
5 Display signage to ensure the monitoring is made known to all vehicle users ie not covert
Conclusion
The availability of technology to improve workplace safety compliance and efficiency is growing
rapidly in effectiveness and affordability We can reasonably expect the use of GPS and camera
monitoring of drivers and vehicles to become commonplace in the near future
The current laws do not prohibit installation of GPS or other vehicle (and sometimes driver)
monitoring systems for valid workplace safety reasons if implemented correctly eg after
appropriate consultation and prominently displayed signage to ensure the monitoring cannot be
alleged to be covert
Strategic Safety Planning Workshop
Melbourne ndash 17th June 2015
Following the successful inaugural session late last year Safety Action is
conducting another workshop on preparing strategic safety plans The
one-day session will be held on Wednesday 17 June 2015
This session is limited to a small number of safety leaders to allow for more interactive exercises
and discussion It is aimed at strategic safety personnel and senior operational managers
Your investment of $950 + GST will include a comprehensive folder with numerous sample
forms worked examples and practical exercises with morning tea and lunch provided
Call T (03) 9690 6311 for a copy of the workshop objectives and session outline or email
enquiriessafetyactioncomau
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 4
To subscribe to our quarterly Legislative Update service
Contact us to find out more ndash T 03 9690 6311
US Share Price Drops with OSHA Penalty
The literature available on the impact of legislation on injury rates which is largely North American
based has shown OSHA Regulations have little real effect on work injury rates
However in the US it is clear that the share price does drop around the time that OSHA
prosecutions are reported in the Wall Street Journal
The time from offence to penalty in Australia is typically between 6 months and 2 years with an
average of about 1 year
Study Findings
Whilst an announcement of a WorkCover prosecution is regarded as bad news the study found
that the relatively low fines (average $33000 for the study period) and greater propensity to
implement improvements prior to going to court (eg mitigation) in Australia compared to
contested larger US OSHA fines results in negligible share-price impact on Australian listed
companies
Inadequate Consequence for Real Change
No one likes criminal prosecutions or fines but the reality is business applies its attention and
resources to those aspects of the business that have the highest impact ndash positive or negative and
workplace safety whilst important is not the top priority for most organisations (despite their
safety slogans) This is particularly true in Australia where the OHS penalties are orders of
magnitude lower than in the US
For more information about this study and the results call Gary Rowe on T 03 9690 6311
Managers Face Manslaughter Charges
The South Australian parliament is soon to debate a new bill which will introduce the category
offence of industrial manslaughter for PCBUrsquos and officers who breach their primary duty of
care and should have known the breach would expose a person to substantial risk of serious
harm Convicted offenders could face up to 20 years jail and fines of up to $1 million
Further information will be provided to retainer customers in the next Legislative Update
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 5
Leading Change
Forum
Thursday 11th
June 10am to 3pm Every organisation experiences tough times and major change at some
time some numerous times in the working life of the existing team
This safety forum is focused on the issue of change and looks at how to
become a better leader in challenging circumstances
We are fortunate to have an impressive line-up of speakers to lead the
discussion including Chris Harrod Toyotarsquos Director of Manufacturing Andrew
Douglas Principal M+K Lawyers Tony Smith EGW Manager Business Risk and
Sean Hewat National Safety Supply Chain K-Mart and more
Call to book your place or for a copy of the brochure
Only $300 + GST Note Half of the fee goes to charity
T (03) 9690 6311 E mailtoenquiriessafetyactioncomau
Can Neighbours Use Power Tools at Night Most of us have experienced times when neighbours have kept us awake at night or simply
annoyed us with loud music power tools revving engines or noisy pets
Did you know
In Victoria loud music must be switched off by 10pm
Sunday to Thursday and 11pm on Friday and Saturday
nights (no matter how good the music is)
In NSW if a dog barks persistently you can issue your
neighbour with a nuisance order (assuming it is not your
dog barking)
In WA noisy hand-held power tools can only be used for up to 2 hours per day and only
between 7am and 7pm Monday to Saturday
In SA amp Qld the police can perform ldquonoise assessmentsrdquo if they receive complaints about
noisy vehicles
For a free FACT SHEET on the Neighbourhood Nuisance Noise Rules by State
call us T 03 9690 6311
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 6
GPS Tracking of Vehicles We were asked recently if GPS tracking of
company vehicles is allowed
The workplace safety and operational needs are
clear For example the need to know where lone
workers are if anything happens being able to
confirm company vehicles comply with traffic and
driver fatigue laws and adhere to agreed safe
routes
However concern has been expressed whether
such vehicle tracking infringes other legislation
and if so which legislation takes precedence
The challenges usually cite privacy and anti-surveillance laws as prohibiting GPS vehicle tracking in
the workplace Is this true
So letrsquos have a laymanrsquos look at these two pieces of legislation and recent case law eg how the
courts have interpreted the law in this contentious area
The Privacy and Data Collection Act 2014 would not apply to normal employer-
employee relationships as employers reasonably need to collect and store some personal
information for all employees Also this Act only applies to the Victorian public sector so does not
apply to general industry
The Surveillance Devices Act 1999 is primarily aimed at controlling ldquocovertrdquo (secret)
surveillance and illegal recording of private conversations or activities
This Act specifically allows properly approved covert surveillance by the authorities eg police and
federal agencies Therefore properly disclosed (GPS or other) tracking with appropriate workplace
consultation would almost certainly not be in contravention of this Act
Recent FWC Decision on Vehicle Monitoring
The Fair Work Commission (FWC) confirmed in a decision in July last year that ldquodriver monitoring
systems can lawfully be installedrdquo
The Transport Workers Union (TWA) opposed the installation of out-ward and driver facing
cameras in trucks operated by the major logistics firm TOLL on the basis this amounted to an
invasion of privacy
GPS Tracker Unit
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 7
The FWC acknowledged the issues on both sides including the privacy concerns but ultimately
concluded the workplace safety needs override the privacy concerns
Implementation Tips for Vehicle Tracking
1 Document clear objectives eg workplace safety not surveillance or recording of private
conversations
2 Document a risk assessment to outline perceived risks including business safety and
privacy and detail how concerns will be dealt with eg fairness and equity
3 Conduct consultation with all affected workers and keep records in case challenged at a
later date
4 Provide training on implementation and operation of vehicle tracking system
5 Display signage to ensure the monitoring is made known to all vehicle users ie not covert
Conclusion
The availability of technology to improve workplace safety compliance and efficiency is growing
rapidly in effectiveness and affordability We can reasonably expect the use of GPS and camera
monitoring of drivers and vehicles to become commonplace in the near future
The current laws do not prohibit installation of GPS or other vehicle (and sometimes driver)
monitoring systems for valid workplace safety reasons if implemented correctly eg after
appropriate consultation and prominently displayed signage to ensure the monitoring cannot be
alleged to be covert
Strategic Safety Planning Workshop
Melbourne ndash 17th June 2015
Following the successful inaugural session late last year Safety Action is
conducting another workshop on preparing strategic safety plans The
one-day session will be held on Wednesday 17 June 2015
This session is limited to a small number of safety leaders to allow for more interactive exercises
and discussion It is aimed at strategic safety personnel and senior operational managers
Your investment of $950 + GST will include a comprehensive folder with numerous sample
forms worked examples and practical exercises with morning tea and lunch provided
Call T (03) 9690 6311 for a copy of the workshop objectives and session outline or email
enquiriessafetyactioncomau
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 5
Leading Change
Forum
Thursday 11th
June 10am to 3pm Every organisation experiences tough times and major change at some
time some numerous times in the working life of the existing team
This safety forum is focused on the issue of change and looks at how to
become a better leader in challenging circumstances
We are fortunate to have an impressive line-up of speakers to lead the
discussion including Chris Harrod Toyotarsquos Director of Manufacturing Andrew
Douglas Principal M+K Lawyers Tony Smith EGW Manager Business Risk and
Sean Hewat National Safety Supply Chain K-Mart and more
Call to book your place or for a copy of the brochure
Only $300 + GST Note Half of the fee goes to charity
T (03) 9690 6311 E mailtoenquiriessafetyactioncomau
Can Neighbours Use Power Tools at Night Most of us have experienced times when neighbours have kept us awake at night or simply
annoyed us with loud music power tools revving engines or noisy pets
Did you know
In Victoria loud music must be switched off by 10pm
Sunday to Thursday and 11pm on Friday and Saturday
nights (no matter how good the music is)
In NSW if a dog barks persistently you can issue your
neighbour with a nuisance order (assuming it is not your
dog barking)
In WA noisy hand-held power tools can only be used for up to 2 hours per day and only
between 7am and 7pm Monday to Saturday
In SA amp Qld the police can perform ldquonoise assessmentsrdquo if they receive complaints about
noisy vehicles
For a free FACT SHEET on the Neighbourhood Nuisance Noise Rules by State
call us T 03 9690 6311
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 6
GPS Tracking of Vehicles We were asked recently if GPS tracking of
company vehicles is allowed
The workplace safety and operational needs are
clear For example the need to know where lone
workers are if anything happens being able to
confirm company vehicles comply with traffic and
driver fatigue laws and adhere to agreed safe
routes
However concern has been expressed whether
such vehicle tracking infringes other legislation
and if so which legislation takes precedence
The challenges usually cite privacy and anti-surveillance laws as prohibiting GPS vehicle tracking in
the workplace Is this true
So letrsquos have a laymanrsquos look at these two pieces of legislation and recent case law eg how the
courts have interpreted the law in this contentious area
The Privacy and Data Collection Act 2014 would not apply to normal employer-
employee relationships as employers reasonably need to collect and store some personal
information for all employees Also this Act only applies to the Victorian public sector so does not
apply to general industry
The Surveillance Devices Act 1999 is primarily aimed at controlling ldquocovertrdquo (secret)
surveillance and illegal recording of private conversations or activities
This Act specifically allows properly approved covert surveillance by the authorities eg police and
federal agencies Therefore properly disclosed (GPS or other) tracking with appropriate workplace
consultation would almost certainly not be in contravention of this Act
Recent FWC Decision on Vehicle Monitoring
The Fair Work Commission (FWC) confirmed in a decision in July last year that ldquodriver monitoring
systems can lawfully be installedrdquo
The Transport Workers Union (TWA) opposed the installation of out-ward and driver facing
cameras in trucks operated by the major logistics firm TOLL on the basis this amounted to an
invasion of privacy
GPS Tracker Unit
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 7
The FWC acknowledged the issues on both sides including the privacy concerns but ultimately
concluded the workplace safety needs override the privacy concerns
Implementation Tips for Vehicle Tracking
1 Document clear objectives eg workplace safety not surveillance or recording of private
conversations
2 Document a risk assessment to outline perceived risks including business safety and
privacy and detail how concerns will be dealt with eg fairness and equity
3 Conduct consultation with all affected workers and keep records in case challenged at a
later date
4 Provide training on implementation and operation of vehicle tracking system
5 Display signage to ensure the monitoring is made known to all vehicle users ie not covert
Conclusion
The availability of technology to improve workplace safety compliance and efficiency is growing
rapidly in effectiveness and affordability We can reasonably expect the use of GPS and camera
monitoring of drivers and vehicles to become commonplace in the near future
The current laws do not prohibit installation of GPS or other vehicle (and sometimes driver)
monitoring systems for valid workplace safety reasons if implemented correctly eg after
appropriate consultation and prominently displayed signage to ensure the monitoring cannot be
alleged to be covert
Strategic Safety Planning Workshop
Melbourne ndash 17th June 2015
Following the successful inaugural session late last year Safety Action is
conducting another workshop on preparing strategic safety plans The
one-day session will be held on Wednesday 17 June 2015
This session is limited to a small number of safety leaders to allow for more interactive exercises
and discussion It is aimed at strategic safety personnel and senior operational managers
Your investment of $950 + GST will include a comprehensive folder with numerous sample
forms worked examples and practical exercises with morning tea and lunch provided
Call T (03) 9690 6311 for a copy of the workshop objectives and session outline or email
enquiriessafetyactioncomau
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 6
GPS Tracking of Vehicles We were asked recently if GPS tracking of
company vehicles is allowed
The workplace safety and operational needs are
clear For example the need to know where lone
workers are if anything happens being able to
confirm company vehicles comply with traffic and
driver fatigue laws and adhere to agreed safe
routes
However concern has been expressed whether
such vehicle tracking infringes other legislation
and if so which legislation takes precedence
The challenges usually cite privacy and anti-surveillance laws as prohibiting GPS vehicle tracking in
the workplace Is this true
So letrsquos have a laymanrsquos look at these two pieces of legislation and recent case law eg how the
courts have interpreted the law in this contentious area
The Privacy and Data Collection Act 2014 would not apply to normal employer-
employee relationships as employers reasonably need to collect and store some personal
information for all employees Also this Act only applies to the Victorian public sector so does not
apply to general industry
The Surveillance Devices Act 1999 is primarily aimed at controlling ldquocovertrdquo (secret)
surveillance and illegal recording of private conversations or activities
This Act specifically allows properly approved covert surveillance by the authorities eg police and
federal agencies Therefore properly disclosed (GPS or other) tracking with appropriate workplace
consultation would almost certainly not be in contravention of this Act
Recent FWC Decision on Vehicle Monitoring
The Fair Work Commission (FWC) confirmed in a decision in July last year that ldquodriver monitoring
systems can lawfully be installedrdquo
The Transport Workers Union (TWA) opposed the installation of out-ward and driver facing
cameras in trucks operated by the major logistics firm TOLL on the basis this amounted to an
invasion of privacy
GPS Tracker Unit
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 7
The FWC acknowledged the issues on both sides including the privacy concerns but ultimately
concluded the workplace safety needs override the privacy concerns
Implementation Tips for Vehicle Tracking
1 Document clear objectives eg workplace safety not surveillance or recording of private
conversations
2 Document a risk assessment to outline perceived risks including business safety and
privacy and detail how concerns will be dealt with eg fairness and equity
3 Conduct consultation with all affected workers and keep records in case challenged at a
later date
4 Provide training on implementation and operation of vehicle tracking system
5 Display signage to ensure the monitoring is made known to all vehicle users ie not covert
Conclusion
The availability of technology to improve workplace safety compliance and efficiency is growing
rapidly in effectiveness and affordability We can reasonably expect the use of GPS and camera
monitoring of drivers and vehicles to become commonplace in the near future
The current laws do not prohibit installation of GPS or other vehicle (and sometimes driver)
monitoring systems for valid workplace safety reasons if implemented correctly eg after
appropriate consultation and prominently displayed signage to ensure the monitoring cannot be
alleged to be covert
Strategic Safety Planning Workshop
Melbourne ndash 17th June 2015
Following the successful inaugural session late last year Safety Action is
conducting another workshop on preparing strategic safety plans The
one-day session will be held on Wednesday 17 June 2015
This session is limited to a small number of safety leaders to allow for more interactive exercises
and discussion It is aimed at strategic safety personnel and senior operational managers
Your investment of $950 + GST will include a comprehensive folder with numerous sample
forms worked examples and practical exercises with morning tea and lunch provided
Call T (03) 9690 6311 for a copy of the workshop objectives and session outline or email
enquiriessafetyactioncomau
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 7
The FWC acknowledged the issues on both sides including the privacy concerns but ultimately
concluded the workplace safety needs override the privacy concerns
Implementation Tips for Vehicle Tracking
1 Document clear objectives eg workplace safety not surveillance or recording of private
conversations
2 Document a risk assessment to outline perceived risks including business safety and
privacy and detail how concerns will be dealt with eg fairness and equity
3 Conduct consultation with all affected workers and keep records in case challenged at a
later date
4 Provide training on implementation and operation of vehicle tracking system
5 Display signage to ensure the monitoring is made known to all vehicle users ie not covert
Conclusion
The availability of technology to improve workplace safety compliance and efficiency is growing
rapidly in effectiveness and affordability We can reasonably expect the use of GPS and camera
monitoring of drivers and vehicles to become commonplace in the near future
The current laws do not prohibit installation of GPS or other vehicle (and sometimes driver)
monitoring systems for valid workplace safety reasons if implemented correctly eg after
appropriate consultation and prominently displayed signage to ensure the monitoring cannot be
alleged to be covert
Strategic Safety Planning Workshop
Melbourne ndash 17th June 2015
Following the successful inaugural session late last year Safety Action is
conducting another workshop on preparing strategic safety plans The
one-day session will be held on Wednesday 17 June 2015
This session is limited to a small number of safety leaders to allow for more interactive exercises
and discussion It is aimed at strategic safety personnel and senior operational managers
Your investment of $950 + GST will include a comprehensive folder with numerous sample
forms worked examples and practical exercises with morning tea and lunch provided
Call T (03) 9690 6311 for a copy of the workshop objectives and session outline or email
enquiriessafetyactioncomau
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
News
June 2015
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 8
Injured First-Aider Loses Claim for $426000
A worker has failed in his claim for $426000 from his employer after
injuring his back whilst performing first aid
The worker a trained and nominated company first-aider went to
assist a woman who fell over on a nearby staircase He injured his
back when the woman grabbed his arm and pulled herself up
As we all know workers compensation is a no fault system and the worker was entitled and
received all necessary medical treatment including back surgery and support for recuperation
This case is about a claim for pain and suffering and loss of enjoyment of life as a result of
ongoing disability and discomfort To succeed in such claims workers need to demonstrate
negligence of another party (who has the money to pay) usually their employer
The first-aider alleged the employer was liable as they should have instructed him not to lift an
injured person ldquounder any circumstancesrdquo but the court found the first-aid training included this
instruction
The first-aider further alleged the employer was vicariously liable for the actions of fellow
employees eg the injured woman who pulled herself up on him However the court found there
was no evidence the woman was an employee and therefore the employer was not liable
This case highlights the sometimes illogical way in which work injuries are compensated or not
simply by way of luck or bad luck of who was involved
Safety Survey 2015 Get ready now for this yearrsquos Safety Performance Survey We want you to send in your information
by the end of July All you need is basic safety data including
No Employees
No Safety Staff
No LTIs amp MTIs amp First Aid Injuries (if measured)
No Total Recordable Injuries
Any lead indicators you measure
Workers compensation premium
Our July newsletter and website will include a copy of the survey form and definitions
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
wwwsafetyactioncomau copy 2015 Safety Action Pty Ltdreg
Page 9
News
March 2015
Do I Have to Display GHS Pictograms on
Buildings
With the introduction of the
internationally accepted pictograms
under the Global Harmonised System
(GHS) for hazardous chemicals by the
WHS laws some people have asked
ldquoDoes Dangerous Goods (DG) Hazchem
placarding on individual buildings need
to include GHS pictograms as well as
existing DSrsquos diamondsrdquo
The answer is No
Building placarding only needs to
include the traditional DG diamonds
samples are illustrated on the right
The GHS pictograms are only required
on chemical containers
Hazardous Chemicals - Half Day Course Safety Action 370 St Kilda Road Melbourne
Thursday 23rd
July 2015 9am ndash 1pm
Includes legal requirements introduction to the GHS DG requirements
Australian Standards amp chemical risk assessments
Price $350+GST Note Further 10 discount for our retainer clients
Email for more information enquiriessafetyactioncomau
GHS package Pictograms
DG Diamonds
