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My Blog Site whsblog.com

Anything of interest to the OHS Committee in NSW,

People at work, Safety, Travel and anything quirky or funny.

Newsletter

Q1 - 2021 Jan-Mar.

# Belgian backpacker dies of heat stress

# Appeal dismissed after Rugby player injured with unlawful tackle.

..................................................................................

Belgian backpacker dies of heat stress

An Australian employer has been fined over the death of a Belgian backpacker who collapsed from heat stress while working on a farm picking fruit.

Olivier Max Caramin, 27, died in a Queensland hospital in November 2017 after just three days on the job.

His employer, Bradford Clark Rosten, pleaded guilty to breaking labour laws. He was fined A$65, but avoided a conviction.

Mr Caramin had hoped do that by working on the farm in Ayr, a town in tropical northern Queensland.

On the day of his collapse, he had been picking pumpkins for hours in 35C heat with no shade.

Local media reported that Mr Caramin had told co-workers he was struggling, but they were told to keep picking to meet a quota.

The Townsville Magistrates Court found Mr Rosten - who ran a labour-hire company - failed to provide proper safety training to his workers.

An earlier investigation by Queensland's workplace regulator found that workers had been provided with inadequate health information and ill-considered conditions.

October 2020

Appeal dismissed after Rugby player injured with unlawful tackle.

The NSW Court of Appeal has dismissed an appeal from Berkley Vale Rugby League Club (BVR) player Michael Dickson who suffered serious facial injuries after Northern Lakes Rugby League Sport & Recreation Club (NLR) player Brendan Fletcher performed an ‘unlawful’ tackle on him during a rugby league match.

The decision, handed down on 18 November 2020, confirms that a claim arising out of contact sport will likely fall within the parameters of the Civil Liability Act 2002 (Cth) (CLA) unless it can be established that the international act was intended to cause injury[1]. Further, in most contact sport cases, the Dangerous Recreational Activity defence in the CLA will provide protection to associations/clubs and their insurers.

Dickson had possession of the ball, and Fletcher attempted to complete a tackle called a ‘leg hook’ on Dickson. Fletcher lost control of the tackle and instead executed was an unlawful ‘spear tackle‘, resulting in Dickson hitting his neck on the ground. Dickson suffered significant head and facial injuries. Fletcher apologised and expressed concern for Dickson’s welfare. Fletcher stayed with Dickson until first aid officials arrived.

Following the match, the tackle was determined to be unlawful pursuant to NRL rules and Fletcher was charged and pleaded guilty to engaging in a ‘dangerous throw’ in a subsequent disciplinary hearing. Fletcher conceded that the tackle was intentional but denied it was intended to cause injury to Dickson.

The Court of Appeal unanimously dismissed the appeal.

Dec 2020

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I Speak My Mind

◦	Do you drop your dacks at work
◦	Whats for breakfast
◦	Go Home. Stop those long overtime hours
◦	Benifits of Booze
◦	Stop Laughing and start living
◦	Don’t become a victim of the ‘Streisand Effect’
◦	Tell the boss to turn-it-down
◦	Coffe, Cancer and Chaos
◦	Weddings should be banned
◦	The Laws of the Universe - or Murphy was an Optomist
◦	Is it time to tell the boss to get ..........

The Law - Act, Regulations, Codes of Practice

Case studies - WHS through the cases - Australia

◦	Jail plus $1m fine
◦	Category 1 offence
◦	$1.3m penalty for death of a worker
◦	$10m Undertaking
◦	Farting at work
◦	Playing cricket is work
◦	Chain of command
◦	Accident on way home was found to a connection to work
◦	Worker impaled by reinforcing bar
◦	Unfair Dismissal at end of fixed term contract
◦	Sexual assault in hospital
◦	First_cat_1_Offence_in_NSW
◦	Record NSW WHS Penalty
◦	Who is Engaged as a Worker?
◦	Record Victorian penalty
◦	When are you at work?
◦	Fall at work. $688,000 compensation
◦	Record penalty against businessman for underpayment
◦	Rise in manslaughter cases
◦	Ladder use - training not required
◦	Make sure that your defence team knows the right numbers
◦	Telling a ‘porky’ won’t bring home the bacon
◦	Employment agency not vicariously liable
◦	Tourist dies whilst on tour in Northern Territory
◦	The cost of failing
◦	Suspended gaol term
◦	Enforceable undertaking
◦	Lifting of boxes is part of normal office work
◦	Should you be terminated for swearing at the boss, or kissing a colleague
◦	Who is NOT an officer of a PCBU.
◦	Powers of WorkCover NSW to force a company to produce documents
◦	Ensuring safety
◦	Can unreasonable behaviour be insured
◦	Is it forseeable?
◦	Employee responsible for own safety.
◦	HSR loses unfair dismissal case
◦	Transport company, and the director, fined for false records
◦	Hume doors enforceable undertaking
◦	Theft_of_data
◦	What_is_reasonable
◦	When a frolic is not compensatable!
◦	117 Workers found guilty
◦	Fired for doing a chicken dance
◦	Sexual harassment worker wins after appeal
◦	Enforceable Undertaking in glass factory
◦	Injured worker caught playing competative basketball
◦	Claim 19 years after death
◦	Throwing Stones – Not the Right Answer
◦	Employer beats OHS charge
◦	Beware of hot water before you land in it.
◦	Is 'lippy' a cure for bullying?
◦	Does a principal contractor have a responsibility to train a sub-contractor
◦	What constitutes 'reasonable'
◦	Be Polite
◦	Big payout for sexual harassment
◦	Sex not work - High Court decides
◦	Court defends HSR's actions
◦	What is acceptable alternative work
◦	Worker crushed by machine safe system failed
◦	Is it work? The courts don't always agree
◦	How not to break an egg
◦	Is drinking coffee work?
◦	Lifting copy paper nets almost $240k
◦	Baida Chickens
◦	Machinery supplier fined over amputation
◦	Director is not 'too remote' from the company
◦	The Kirk Case
◦	Bunnings and the Potting Mix
◦	Hazardous Hairdresser and OHS
◦	Robbery at Franklins
◦	Fosters $1.25m penalty
◦	Self employed - Safety for the disobedient

Stories from around the world

◦	UK Company pays 1 million pounds
◦	Hotel workers to wear panic buttons
◦	Royal Opera House made to face the music
◦	When can work be a smoko?
◦	penalty reduced on financial grounds
◦	Star Wars Film Producers Prosecuted
◦	Electromagnetic fields harmful to your health
◦	Warning to Welders
◦	A big payout for two four two letter words
◦	Green Tea can improve brain function
◦	Don't bully the boss
◦	When is a mother not a mother
◦	Obesity and work - the connection
◦	New Zealand to adopt Australian WHS law
◦	How I Broke My Collar Bone
◦	The church thatdoes not believe in prayer, and the whore house that does
◦	OHS Consultant fined for being unqualified
◦	Prison for OHS fraud
◦	What is sex discrimination worth?
◦	Don't get Cross about a Cross
◦	Fired for being too sexy
◦	Is lactation a condition of pregnancy
◦	Email From Home results in sacking
◦	Compo case while working from home
◦	Top ten US causes of workplace injury
◦	Drug testing and the story of a false 'you know what'
◦	Does your company have a love contract?
◦	Unknown worker retires
◦	The crazy world of Britain's OHS Regulations
◦	Buffered for Morale, or getting it all off

Stories from around Australia

◦	Who is looking after those that look after us.
◦	Drug vapours threaten life of police officer
◦	Urine testing banned
◦	Discriminatory Conduct
◦	Coles fined $170 000
◦	Unfair Dismissals
◦	Sex on a business trip
◦	Director acquitted and charged after appeal
◦	Telstra employee injured while working from home
◦	Jail sentence for OHS offence
◦	20 20 Hindsight
◦	OHS in a Brothel

Resources

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Communication

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◦	Washington Post Word competition
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Legislation- codes of practice - fact sheets

◦	Legislation and Codes of Practice
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Accident Investigation and Reporting and Management Theories

◦	The concept of empowerment
◦	The Heinrich Law
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◦	Fishbone or 'Ishikawa technique'
◦	William_Edwards_Deming
◦	P_D_C_A
◦	Risk_Matrix

Just for fun

◦	SDS for hazardous material:- Man and Woman
◦	Murphy was an optomist
◦	OHS Humour
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◦	When U Black, You Black
◦	Brain Teasers
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◦	BrainTeaser 3
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◦	BrainTeaser 5
◦	BrainTeaser 6

Signs and Photographs

◦	Illusions
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◦	Working at Height
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◦	Building sites and builders

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