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Neale’s OHS News Review28 November 2002Welcome to the first occupational health and safety news round up by the Labor Council of NSW’s Neale Towart. To comment on any of these articles, please visit out discussion forum Shoptalk. Warning On Workplace Stress
A New Zealand decision highlights the duty of management to recognise and monitor the hazards of workplace stress, according to a report appearing in CCH's Industrial Law News. In Attorney-General v Gilbert the NZ Court of Appeal ruled that the Dept of Corrections had constructively dismissed a probation officer who was forced to retire early, after suffering a number of coronary problems and depression as a result of work overload, management failure and resourcing deficiencies. The Dept did put in place any OHS plan to deal with stress, and failed to provide peer review and support, despite such review being accepted safe practice for occupations such as probation officers. This should serve as a warning in Australia of the need to monitor and identify those most at risk of burnout and to minimise the risk to those people, and thus minimising employers risk of being prosecuted. Attorney-General v Christopher John Gilbert [2002] NZCA 55 (14 March 2002) CCH Industrial Law News; issue 10, October 2002)
Worksafe Victoria is alerting workplaces to the fact that job rotation is not an effective technique to control the risk of manual handling injury. It may in fact increase a worker's exposure to manual handling risk. Even where rotation is used effectively, an employer may not be meeting the legal obligations to provide a safe workplace if that is the only control measure used. Job rotation can be effective for manual handling work only if it allows time for muscles to recover. So alternative tasks must be sufficiently different and allow the muscles previously used to relax. Wearing back belts is not effective protection. American research in 1994 came to the same conclusion and has been confirmed in a study in 2000. (CCH OHS Update, issue 8, 4 September 2002)
Dermatitis is the main health concern associated with exposure to metalworking fluids. In Britain about 200 cases relating to exposure to cutting oils and coolants are reported each year. A study of 31 engineering firms showed that many workplaces where fluids have been used show poor control of fluid strength, poor sump replenishment methods and other problems. The Health and Safety Executive have launched new guidance packs and have extensive information and leaflets for employees and employers on their website. Go to http://www.hse.gov.uk/pubns/indg365.pdf for the employee leaflet. (CCH OHS Update, issue 8, 4 September 2002)
A series of epidemiological studies in the UK providing evidence linking breast cancer in women with prolonged periods of working at night were published in 2001. A biologically plausible mechanism related to the suppression of melatonin was put forward as a potential explanation for these findings. HSE has also recently published the results of a very high profile investigation of cancer in workers at a Scottish semiconductor factory, which found a non-significant) excess of female breast cancer in a workforce where shiftworking is highly prevalent. This project is being undertaken in order to critically appraise recent epidemiological studies for a risk of breast cancer from night work. The work will also examine the extent to which other factors, including those from outside the workplace, might account for, or help to explain, some of the findings. The work will enable HSE to make an informed judgment on the basis of the current evidence, particularly as to whether the effect and its causal status are sufficiently well established to justify preventive efforts or whether further research is required to further clarify this issue. (Great Britain. Health and Safety Executive)
Pain whilst performing is a fact of life at some stage for most musicians in symphony orchestras, according to a report appearing in CCH's Australian OHS Magazine. The article says the repetitive bow work of violinists may contribute to pain felt in the arms, shoulders, neck and hands but says that players on every instrument are affected. It says common ailments suffered as a result of their performance regimes can impact on their recreational pursuits, with gardening, for example, being potential dangerous as cuts and tendon trauma caused by secateurs or rosebushes becoming debilitating and leading to chronic infections. Hearing loss is also a major injury sustained by players. CCH's Australian OHS Magazine; October/November 2002
The contamination of aircraft cabin air by engine oil or hydraulic fluid is a serious aviation safety problem for crew and passengers, according to a report appearing in the Journal of Occupational Health and Safety Australia and New Zealand. The report says that despite a growing volume of information, some dating back to the 1950s - it is only in recent years that the issue has received serious attention. There is strong resistance in the aviation industry to accept that the inhalation of toxic fumes could be hazardous. In Australia, a Senate Committee reported on this issue in October 2000, and found that aviation legislation was being ignored and made eight clear recommendations. The government failed to respond until June 2002. They have not implemented the recommendations. Cox and Michaelis report on a survey of symptoms in members of the Australian Federation of Air Pilots who fly BAe 146 aircraft in Australia. Respondents showed high rates of symptoms which included headaches, eye, skin and upper airway irritation, neuropsychological impairment, respiratory problems, food/alcohol intolerances, muscle/joint pain, diarrhoea, and so on. Coxon reports on a neuropsychological assessment of a group of BAe 146 aircraft crew members exposed to jet engine emissions. The results indicate significant impairments on tests of reaction time, information processing speed and fine motor skills among the majority of those tested. Denials by airlines should be closely re-examined, the report says. (Journal of Occupational Health and Safety Australia and New Zealand; vol. 18, no 4, August 2002)
Documentation can never determine an employment contract - it should reflect the true nature of the employer-employee relationship. Stephen Lieschke from law firm Lieschke and Weatherill warned employers on this following a SA Workers Compensation Tribunal ruling which found a labour hire worker was in fact an employee - and therefore entitled to workers' compensation cover for a back injury - despite the existence of elaborate documentation designed to show otherwise. The case involved a worker engaged by Country Metropolitan Agency Contracting Services (CMA) who was contracted to work as a tomato picker with Chitquita Brands Adelaide Pty Ltd, the host employer. The tribunal hard that the worker signed a written contract with the labour hire firm that clearly stated that she was to be self-employed, no equipment would be supplied nor holidays provided, and that she would be required to remedy faulty work. However the worker told the tribunal that this did not reflect the true nature of her work or the conditions. She was under the control and supervision of Chiquita, who also set her hours and she was required to remain until authorised to leave, the contract was for regular continuous employment, all equipment, except for gloves, was supplied, she was not required to remedy faulty work, and payment was not deducted for mistakes, she had to inform Chiquita if she was absent, payment was subject to a time book being checked, she was not treated any differently to any other employee. Justice Gilchrist deemed her an employee and thus she was eligible for compensation. The case is on appeal. Slater v Workcover/Allianz Aust Chiquita Brands Adelaide Pty ltd/CGU & Country Metropolitan Agency Contracting Services Pty Ltd [2002] SAWCT 27 14 March 2002) (Occupational Health and Safety Bulletin; vol. 11, no 251, October 16 2002)
Working conditions in the cold storage sector are the focus of a joint research project launched by the National Union of Workers (NUW) and the Refrigerated Warehouse and Transport Association, according to an Occupational Health and Safety Bulletin report. Gayle Burmeister, health and safety organiser with the NUW, says the project will examine the health effects of working in sub-zero temperatures. Manufacturers and engineers will be consulted about ways to improve equipment, protective clothing and facility layout. There have been more than 350 work injuries, including one death, in the sector since 1997, costing around $9.5million. (Occupational Health and Safety Bulletin; vol. 11, no 251, October 16 2002) | |
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