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Q4 - 2018 October - December
When are you at work
IRC decides that HSR's do not have a unilateral right to decide which training course they will attend
Hotel Housekeepers to wear panic buttons
"You will be the next one f***ing six feet under" not the best way to get results!
A horrible death - stuck in a lift for a month
Prosecution after army recruits injured in training
Terminated because of inability to do job
May 2018 It would seem the WHS laws and Workers Compensation laws have a different definition of who is a worker. Section 8 of the WHS act includes a volunteer in the definition of a worker, but this does not stretch to compensation. A man who received gruesome injuries after being bitten by a shark while volunteering has been forced to start a GoFundMe page to repay his debts. Mathew Vickers was researching the recovery rate of coral on the Great Barrier Reef on a volunteering trip with James Cook University when the incident occurred earlier this year.
The injuries Mr Vickers sustained in the attack, which happened three weeks into the trip, saw the tendons of his
dominant left hand severed, resulting in more than 90 stitches, two surgeries and "12 weeks of still-ongoing
physical therapy and counselling". But thanks to a technical loophole, Mr Vickers was ruled to be ineligible for compensation by WorkCover and Workplace Health and Safety Queensland as he was found to be a volunteer and not a worker when the attack took place. Mr Vickers launched a GoFundMe page in a bid to cover his ongoing medical bills and to repay accumulated debts, which he estimated was now over $20,000. Fortunately this resulted in more than the desired amount being received within three days of the bid being launched.
https://www.gympietimes.com.au/news/volunteers-20k-debt-following-brutal-university-fi/3420250/
IRC decides that HSR's do not have a unilateral right to decide which training course they will attend. A recent decision of the Industrial Relations Commission of New South Wales (NSW IRC) (Sydney Trains v SafeWork New South Wales [2017] NSW IRComm 1009) has determined that elected health and safety representatives do not have a unilateral right to decide which approved health and safety training course they will attend. Four HSRs indicated to the employer that they wanted to attend the safety training course conducted by the Australian Council of Trade Unions (HOSTA Course). The employer did not agree to arrange for the attendance of the HSRs on this particular course. Because of the difference of opinion, the HSRs approached the regulator, SafeWork NSW, to appoint an inspector to decide the matter as allowed by section 72(5) of the WHS Act. SafeWork NSW appointed an inspector who upheld the choice of the HOSTA Course made by the HSRs. Internal Review. The employer then sought an internal review by SafeWork NSW of the original inspector's decision. SafeWork NSW upheld that decision on the internal review. External Review. The employer then sought an external review in the NSW Industrial Relations Comission as is allowed under section 229 of the WHS Act. In his judgement, The Commissioner stated: "Neither party to the consultation has a unilateral right to enforce their preferred training course, nor to bar the other party's preference. If the parties agree, the training goes ahead as agreed. If they disagree, that disagreement is resolved at first instance by the inspector deciding the matter”
Hotel Housekeepers to wear panic buttons.
What is the likelihood of a hotel housekeeper being sexually harassed at work? More common than most people realise say job hazard advocates! That is why from July 2018 all housekeepers in the Chicago area are being issues with panic buttons. The portable buttons, mandated in an ordinance that won unanimous City Council approval in October, allow employees to instantly summon help if they are sexually assaulted or harassed by a guest. The state
hotel association has requested an extension of the deadline, concerned that implementation is proving more
costly and complicated than anticipated. But some local hoteliers have embraced the responsibility.
EMC2, a 195-room hotel in Streeterville, rolled out a panic button system when it opened a year ago. Anyone whose job requires entering guest rooms alone — not only housekeepers, but also engineering and room service staff — receives a button fob at the start of their shift to wear around their neck on a lanyard, plus an iPod that interacts with the hotel’s existing communication system to track their location. Chicago is the second city in the United States, after Seattle, to enact a law requiring hotels to distribute panic buttons, though unionized hotels in New York City have had the requirement in their contracts since 2013. Marriott is working on a pilot of technology that could be used across its varied properties, which range from sprawling resorts to urban towers to standard suburban hotels, and is collecting employee feedback on the design. The company may introduce the distress system chain-wide, even in markets where it is not mandated. Chicago Tribune June 2018
"You will be the next one f***ing six feet under" not the best way to get results! A BELLIGERENT and foul-mouthed litigant who has screamed abuse at judges and lawyers for almost two decades has finally been jailed for his behaviour. Markham Moore-McQuillan was found guilty of three aggravated counts of threatening harm after unleashing what prosecutors described as "a tirade of abuse and offensive language" at Justice Trevor Olsson and WorkCover lawyer Peter Salu in October 2011. He appealed two of the charges and was acquitted of one But Markham Moore-McQuillan refused to start his three-month sentence – which had previously been suspended – without having the last word. "Can we appeal this decision?" he yelled as three sheriff's officers escorted him into the Supreme Court cells. "I want it appealed immediately." During his trial, the District Court heard Moore-McQuillan became angry and agitated during the tribunal hearing, and audio recordings captured his outbursts. "We've still got f***ing things to fix before [Dr Salu] gets up - and if he gets up I will f***ing stand on my feet and I will knock him down," he was heard saying to Justice Olsson. "You were a failure of the
Supreme Court, and you are a failure here. You couldn't be f***ing bothered, and all you do is stick up for your
own f***ing kind, so there you go. You will be the next one f***ing six feet under." The sentence brings to an end 19 years of harrassment, intimidation and bullying of court users. Moore-McQuillan, 47, has been embroiled in lawsuits with the WorkCover Corporation throughout that time. In 2007, he accused the late Justice John Perry of being "corrupt" when he ruled against him. In April, Justice Margaret Nyland imposed a suspended three-month jail term for contempt of court. She warned he would "go to jail" if there were "any further problems
A horrible death - stuck in a lift for a month A woman from the central Chinese city of Xian has died in an lift of the apartment building where she was living after remaining trapped in it for more than a month. The victim lived by herself in the building. Another mystery is how the woman went missing for a month without family or friends reporting her absence. Two Chinese maintenance workers face charges over the death of the 43-year-old woman, identified only by her surname Wu, who was trapped in the lift for more than a month. The elevator apparently became stuck between the 10th and 11th floors of the building on January 30. Servicemen called to deal with the broken cable banged on the door, but when they heard no response they cut off power to the lift and told residents to use a different lift, the officials said. When the servicemen returned to fix the cable last week, they opened the lift door and found the woman's body. "Her hands were distorted ... there were scratches on the wall, it was horrible," a building resident said. The government
said the servicemen should have opened the door to make certain no one was inside.
Many residents interviewed by local Chinese media said the building management service was poor and routinely ignored residents' complaints about the frequently broken lifts. After the woman's body was discovered, residents staged a protest against the building management. "There's now a shadow across my heart. It's scary, and it gives me shivers," one resident said. "To think of this happening in one's own building." The apartment building has two elevators, and it was possible the residents paid little attention to the broken elevator and opted to use the other one. Authorities ruled out foul play, but the Associated Press said authorities determined the cause required charges of involuntary manslaughter because the death was caused by gross negligence.
Prosecution after army recruits injured in training The Department of Defence has been charged with breaching federal work health and safety laws after two army recruits suffered severe electric shocks during a training exercise in Victoria.
The charges relate to risk management and hazard identification. Each charge carries a maximum penalty of $1.5 million. The incident happened at the Puckapunyal training area, near Seymour in central Victoria, during the exercise on the night of 4 July 2016. Recruits being trained to operate communications systems were moving a portable radio antenna into a vertical position when it came into close proximity with overhead high voltage power lines. A 20-year-old woman and a 21-year-old man suffered burns from the shock, and one also lost consciousness. They were airlifted to hospital in Melbourne and both made full recoveries
Terminated because of inability to do job
In the case of Richard Hyde v Serco Australia Pty Limited [2018] FWC 2465 (8 May 2018), the employee was dismissed on medical grounds for his inability to fulfil the inherent requirements of his employment. In finding that the employee had not been unfairly dismissed, the Fair Work Commission held that when determining incapacity, the Commission is not required to have regard to medical evidence which is adduced after the employee has been dismissed. Mr Hyde was employed by Serco Australia (Serco) as a custodial officer. Mr Hyde underwent surgery to fuse his right ankle joint. The employer requested from the surgeon details regarding whether he was fit for his pre-injury work duties. Mr Hyde’s surgeon provided a report which stated that he was fully recovered however would never be fit to return to pre-injury duties at 100%, and that he would require assistance from another employee in order to respond to emergency situations. Relying on this medical opinion Serco asked Mr Hyde to demonstrate why his employment should not be terminated based on his incapacity to perform the requirements of his job. The union representing Mr Hyde wrote to Serco requesting more time for Mr Hyde to respond and obtain a second medical opinion. Serco agreed, however the medical report was not provided. Mr Hyde with assistance from his union responded to Serco challenging the surgeon’s understanding of his job and his ability to meet the requirements of it. Serco subsequently dismissed Mr Hyde. Following his dismissal, Mr Hyde obtained a further medical report from a consultant physician which indicated that Mr Hyde was able to perform his pre-injury duties. The Commission held that Mr Hyde’s inability to perform the inherent requirements of his job posed a risk to the safety and welfare of both himself and his fellow employees, and therefore his dismissal was valid. In coming to this determination the Commission held that the conflicting medical report obtained by Mr Hyde following his dismissal should not be taken into account when determining whether the dismissal was valid. Furthermore the Commission noted that because Mr Hyde had been given the opportunity to provide an alternative medical opinion before his dismissal which he did not do, it was entirely reasonable for Serco to rely upon the medical opinions which were before them at the time the decision was made. With consideration to the objects of the Act, the Commission noted that it would not be consistent in providing a “fair go all round” if a medical opinion that did not exist at the time the decision to dismiss Mr Hyde was made, could be used to challenge the validity of that dismissal.
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Following an investigation by the regulator Comcare, the Commonwealth Director of Public
Prosecutions has filed two charges in the Melbourne Magistrates’ Court alleging the Department failed in its
duties under the federal Work Health and Safety Act.
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