Western Australia's fatality rate continues to deteriorate with a further two fatalities being recorded in April and one in May. These three bring the total for the year commencing 1 July 2007 to 26 and the highest number since 1997-98 when 26 fatalities were recorded for the full year.

Australian data for the period 1 July to the end of January 2007 show 96 fatalities, with WA's figures slightly lower than Queensland and NSW.

The high number of fatalities and work place injuries prompted the National Occupational Health and Safety Commission (NOHSC) to set national targets as a step towards achieving its national vision of Australian workplaces free from death, injury and disease.

The targets formed part of the National Occupational Health and Safety Strategy 2002-2012 gaining commitment from the federal, state and territory governments, the Australian Chamber of Commerce and Industry and the Australian Council of Trade Unions.

The targets will:

• sustain a significant, continual reduction in the incidence of work related fatalities with a reduction of at least 20% by 30 June 2012 (with a reduction of 10% being achieved by 30 June 2007, and;

• reduce the incidence of workplace injury by at least 40% by 30 June 2012 (with a deduction of 20% being achieved by 30 June 2007).

NOHSC considered the targets to be challenging but achievable. Prior to implementation of the Strategy, there was a 20% reduction in the incidence of work-related injuries in the five years from 1995-96 to 1999-2000. In 1999-2000 Australia experienced 120,000 injuries, compensated for more than five days lost time and 205 compensated fatalities.

No reliable data exists on deaths arising from occupational disease, although some work has been done on estimating that the number exceeds 2,000 per year.

Nationally, Australia is likely to meet the 2007 fatality target but not the workplace injury target. As workplace injury prevention programs become more comprehensive and systemic with greater emphasis on risk management, responsibility, appropriate skills and training, Australia still has some way to go to be a leader in workplace health and safety.

In respect to incidence rates, Western Australia's performance compares well with other jurisdictions. It is one of the better performers along with the Australian Government and Victoria. Disappointingly, WA's incidence rate has remained relatively stable over the past five years.

Of most concern is the consistently high fatality rate. Recent data released to the Commission for Occupational Safety and Health shows the highest rate of fatalities in:

• Agriculture/Forestry/Fishing - 7

• Transport/Storage - 6

• Construction - 4

Eleven of the fatalities are within the age group of 35 - 54.The majority (15) have been caused by falling objects or being caught between objects, while the greatest reduction, particularly in the nineties, has been in mining.

WA must improve its performance. Preventing workplace death and injury is the responsibility of every employer, employee and other persons who contribute to the work activity. The focus on safety has increased considerably since the introduction of the general duties legislation in 1988 but it will take a greater contribution by all to ensure that every worker goes home injury free in the future.

National Review of Occupational Health and Safety

The Federal Government has appointed a small group to review Australian health and safety and recommend model legislation for adoption by all of the states and territories. The group will report on duties, offences and defences in October, and scope including definitions, consultation mechanisms, enforcement and compliance, regulation making powers, permits and licensing, the role of regulatory agencies and any other matters in January 2009.

The Government has not signalled an intention to implement a national OHS scheme but rather work with the jurisdictions to introduce a consistent legislative package within five years.  

CCI has met with the review group on three occasions and will provide a submission by the end of June. CCI seeks comments on a set of objectives to underpin the model legislation and information on 'what is working' and 'what is not' within the current system.

To provide comment or for further information contact Anne Bellamy on (08) 9365 7591 or anne.bellamy@cciwa.com.

By Anne Bellamy

Director, Health, CCI OSH
& Workers’ Compensation Policy

The Australian Safety and Compensation Council (ASCC) is a tripartite party whose goals are to coordinate and improve national occupational safety and health and workers' compensation throughout Australia. The ASCC is comprised of representatives from government, union and industry bodies in these activities.

The ASCC has released the Compendium of Workers' Compensation Statistics Australia 2004-2005.  This report brings together the workers' compensation statistics of each state and territory. This information identifies trends in workplace injury and diseases and can be used by employers to identify areas of improvement in occupational safety and health.

The results

In 2004-05 there were 140,655 claims that resulted in one week or more time lost from work. Men were more likely to lodge a claim as they accounted for 68% of claims. Manual handling remained the highest cause of workplace injuries at 43%, with trips and slips coming in second at 13%.

Five industries with incidence rates above the national average were manufacturing, transport and storage, construction, agriculture and mining. It has been revealed that labourers and related workers had 48 claims per 1,000 employees and this is nearly three times the national rate.

Conclusion

Manual handling remains an issue of concern to employers. The Code of Practice - Manual Handing may assist you to identify the hazards in your workplace and work through risk assessments and control. The appendix contains basic risk assessment tools and guidelines for use.

When you begin to address this issue you may wish to take the following points into consideration:

• review where and how previous manual handling incidents have occurred;

• provide initial and ongoing manual handling training to all staff;

• develop channels or mechanisms for employees to communicate with you regarding about possible manual handling issues;

• provide appropriate equipment and aids to reduce the risks associated with manual handling, and;

• emphasise the importance of continued vigilance by including manual handling in tool box/staff meetings.

The rising trend in cause of injury

The 2004-05 results indicate that although the annual number of new workers' compensation claims has been decreasing, this is not true for one category - mental stress. Injuries arising from exposure to mentally stressing circumstances have increased by 83% and now accounts for 6% of all new claims.

62% of all mental stress claims are attributable to workplace pressures and harassment.

Workplace stress is likely to be reported by female staff members rather than male, between the ages of 35 - 59 and arise from professionals, intermediate clerical/sales and service workers and associate professionals.

For female staff members, the causes of workplace stress are likely to arise from work pressure (69% of claims) or workplace harassment (66%). Male staff members are more likely to be affected by exposure to a traumatic event (57%).

How can an employer address workplace stress?

Obtaining a copy of the Code of Practice - Violence, Aggression and Bullying At Work may be a good place to start. This takes a risk assessment approach to bullying which can be applied to other workplace stress issues. It also provides a checklist to assist employers develop bullying prevention procedures.

Here are some simple tips to help you communicate your expectations regarding your employees' work and manage workplace harassment:

• set expectations regarding work performance and communicate this to employees;

• establish communication channels and actively seek employee feedback on expectations;

• regular catch ups to review workload;

• provide support and/or assistance as appropriate;

• assess the ergonomic setup of employee workstations, and;

• develop and enforce a workplace bullying and harassment policy.

How can CCI help you with these issues?

CCI can assist you through the following services:

• Manual Handling Training, please contact Training Services - (08) 9365 7500

• Occupational Safety & Health Advice - (08) 9365 7577

• Workers' Compensation Advice - (08) 9365 7676

• General human resources advice through the Business Advice Centre 
  - (08) 9365 7660

By Anne Bellamy

Director, Health, CCI OSH
& Workers’ Compensation Policy

Under the Workers' Compensation & Injury Management Act 1981 (the Act) an injury in reference to stress is defined in section 5 of the Act to mean:

"…the recurrence, aggravation or acceleration of any pre-xisting disease where the employment was a contributing factor to that recurrence, aggravation, or acceleration and contributed to a significant degree;

A diagnosis of "stress" by a general practitioner is a generalised description which covers a range of psychiatric injuries including anxiety and depression. For the purposes of a workers' compensation claim, it is sufficient for a general practitioner to use the generic description of stress, to institute a claim.

A stress condition must have a link to employment. It is sufficient if a medical practitioner makes a connection between an event and/or events at work causing the stress. 

It is not unusual for there to be a number of events, both work and non-work related, to cause stress.  It then becomes an opinion, usually obtained from a psychiatrist, as to whether the work causes are a factor that contributed to a significant degree.

Stress may not be compensable under the Act where stress:

"…wholly or predominantly arises from a matter…dismissal, retrenchment, demotion, discipline, transfer or redeployment;…not being promoted, reclassified, transferred or granted leave of absence or any other benefit in relation to employment; and the worker's expectation of a matter or a decision by the employer" in relation to a matter mentioned above."

It is not sufficient for an employer to speculate that one of the excluded matters may have contributed to the stress. The employer must be able to demonstrate that the stress was more likely than not caused by one of the matters listed.

Where the employer's actions in relation to a stated matter are "unreasonable and harsh", then the injury may become compensable. Whether the actions of the employer are considered to be unreasonable and harsh is a question of fact.

The phrase is given an ordinary and untechnical definition. Unreasonable may be considered to be 'conduct or behaviour that a reasonable person would not have adopted in the circumstances'. Harsh may be considered to be 'cruel or unfeeling'.

For Employers

Please note that performance management will not be a matter which is excluded unless it involves discipline. Therefore, performance management meetings may not be exempted, although a close examination of the circumstances will be required.

In order to minimise any interpretation of your actions as being "unreasonable and harsh", an employer should comply with the requirements of natural justice, which are reflected in good HR practices. This may involve allowing a worker the opportunity to bring a friend to a disciplinary meeting; affording the worker the opportunity to respond to allegations and other behaviours to name a few.

For help on good HR practices, please contact our Business Advice Centre on (08) 9365 7660.

For further assistance on workers' compensation matters, please contact CCI's Workers' Compensation Adviser on
(08) 9365 7415.

This information is not intended as legal advice. If you have a query in relation to the matter of the article, please obtain independent legal advice or advice from your insurance company.

By Samantha Rudd

Adviser, CCI Workers' Compensation

An article in The West Australian on Saturday 15th March 2008 has raised some questions in relation to injured workers' entitlements and how this can be affected by age.

CCI would like to confirm for members that:

• If an employee has an injury after they have turned 64 years of age the employee is entitled to weekly compensation payments for one year following the date of injury (where certified).
• If an employee has an injury before they turn 64 years of age the employee is entitled to weekly compensation up to their 65th birthday.
• A worker may be entitled to a supplementary amount where the employer is satisfied that the employee would have worked past the age of 65 years of age.  The entitlement to the supplementary amount ceases when the worker reaches 70 years of age (or the prescribed amount is reached).

All other entitlements continue irrespective of age.

If you have any questions in relation to workers' compensation, please contact CCI's Workers' Compensation Adviser on 9365 7415.

The opportunity has arisen to provide feedback to the Commission for Occupational Safety and Health WA on the Code of Practice: Working Hours 2006.  The Commission is interested in knowing whether this Code of Practice can be improved.  CCI encourages its members to provide feedback on this Code on its improvement from an employer's point of view.

The Code applies to all workplaces in WA, and is a useful tool to address the hazards and risks associated with extended working hours.

The link to the Commission's feedback form is quick and easy to use and can be found on the WorkSafe website at www.worksafe.wa.gov.au or by clicking here.

The comment period closes on 29 February 2008.

If you would prefer to feedback to CCI, we will pass your feedback through to the Commission.  Please contact CCI's OSH Adviser on 9365 7577 or osh@cciwa.com

People who spend all or part of their day working outdoors, such as those in the farming, mining, fishing or building and construction industries, are at increased risk of developing skin cancer. Those in the north west of WA are particularly susceptible, with high to extreme UV radiation levels experienced all year round.

The Cancer Council Western Australia has three new resources aimed at providing workplaces with information on how to effectively protect employees from the sun:

1. a guide for employers on managing and reducing risks for outdoor workers in line with occupational health and safety regulations;
2. a workplace guide for employees which contains information regarding dangers of sun exposure and details on protective measures; and
3. a workplace poster reminding outdoor workers how to protect themselves from the sun.

The Cancer Council's team of Regional Education Officers are also able to provide tailored sun protection education sessions for outdoor workers in Albany, Bunbury, Kalgoorlie, Geraldton, Karratha, Broome and Guildford.

For further information or to place an order for the resources, visit the Cancer Council website: www.cancerwa.asn.au or contact:

Lanny Hoskin
SunSmart Local Government and Workplace Project Coordinator
Phone: (08)9212 4361
Email: lhoskin@cancerwa.asn.au

Are you  ONE STEP AHEAD in looking after your employees health?

In today's competitive workplace we know it is important to have a healthy, happy and productive workforce - but sometimes it is hard to know how to get there!

This year the Department of Sport and Recreation have put together a conference stream which explores the the 'HOW TO' of health and wellbeing in the workplace.

The Healthy Active Workplaces Conference stream is designed to help you find out more about:

• the impact of today's  workforce on lifestyles
• the bottom line benefits  of workplace health and wellbeing programs
• models for taking  action
• work-life  balance
• managing change and  organisational culture
• motivating managers and  employees
• Active transport  programs
• mental health in the  workplace

A line up of international and local experts will lead this interactive and informative conference stream.

As a Chamber of Commerce and Industry WA member - you are entitled to a delegate discount.

All you have to do is complete the attached registration form.

WE HOPE TO SEE YOU THERE!

• Click here to download the conference program
• Click here to download the registration form
  

Prior to lodging a claim for a level of permanent disability injured workers have needed to demonstrate an attempt to reach agreement with the employer/insurer.  This process involves the worker forwarding to the employer/insurer a letter seeking agreement to the relevant level.

When the worker has not included a medical report supporting the level claimed, insurance companies have responded by indicating that they will make a decision on receipt of an appropriate medical report.

In the decision of Western Power Corporation v Palumbo C29-2006 it had been determined that the above response did not comply with section 93D(5) of the Workers' Compensation & Injury Management Act 1981.  As such, workers were required to provide a medical report supporting their claim.

In Grey v Western Power Corporation C29-2007 Commissioner McCann has called this decision "plainly wrong".  He ruled that where an insurance company/employer responds that they cannot agree, this indicates that there is no agreement.  Commissioner McCann feels that this lack of agreement is sufficient for the purposes of section 93D(5).

It is unfortunate that Commissioner McCann has turned the requirement of section 93D(5) into a matter of paperwork rather than a substantive requirement.  It is ludicrous to believe that a worker can make an allegation regarding a level of disability without any requirement to supply supporting medical evidence.

Post Traumatic Counselling

Helen Paraskevopoulous (ACCESS OCAR) told Business SA's recent conference that current research shows that critical incident debriefing may reinforce trauma and may contribute to the possibility that people will suffer post traumatic stress disorder.

Helen recommends that employers should:

• Provide a safe environment;
• Provide reassurance and support;
• Offer help and ask what can be done to make things easier;
• Create one point of contact for information; and
• Maintain contact.

Attendance at critical incident debriefings should be informal and voluntary.

2007/2008 Premium Rates are announced

Effective from 30 June the 2007/08 premium rates have reduced by 12.7%.

The average premium rate falls to 1.849%.

At present over 70% of costs relate to 13% of claims.

Michelle Roberts MLC has stated that the goal for WorkCover WA is to partner with all stakeholders to ensure early identification and management strategies will lead to better return to work outcomes.

December 2006 Insurer Performance Report is released by WorkCover WA

According to recent statistics released by WorkCover WA injured workers take 47 days to lodge a claim against the employer and employers take 14 days to lodge the claim with the insurance company.  It then takes an average of 15 days for the insurance company to make a decision on liability.

Find a copy of the report here.

Mobile phone risks

Researchers in Sweden have discovered that using a mobile phone for 10 years or more may increase the risk of brain tumors.

High Court rules that employers may obtain a self-insurer licence under Comcare

In the decision of Attorney-General (Vic) v Andrews [2007] the High Court ruled that it is within the power of the Minister to declare that a company is or was a Commonwealth authority or is in competition with a Commonwealth authority.  Once a company is so declared then they may make application pursuant to the Safety, Rehabilitation and Compensation Act (Cth) to obtain a self-insurer licence.

CCI submission to DOCEP about the effect of Workchoices on calculation weekly compensation

CCI has sought clarification from DOCEP as a result of the implementation of Workchoices in calculating weekly

compensation.  Schedule 2 clause 1 of The Workers' Compensation & Injury Management Act outlines the process to calculation weekly compensation.  The Act currently refers to workers who are "paid pursuant to an award" however, Workchoices has replaced awards.

A copy of the submissions can be found here.  No response has yet been provided.

Workers' compensation - does the date matter?

If a worker is considering suing an employer for negligence the Act imposes timeframes on workers to commence the action.  The date that a claim for weekly compensation is made on an employer (i.e. the date a partially or totally unfit medical certificate is received) is the commencement date for time to start running.

If an employer does not date stamp the certificate when it is received an injured workers' timeframe will be extended to the date that the insurance company receives the certificate.