Georgie, Shaneel, Marco, Katherine
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Of the 10.8 million Australians who worked at some time in the 12
months to June 2006, 6.4% (690,000 people) experienced a workrelated injury, with men experiencing a higher work-related injury
rate than women.
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In 2005–06, occupation groups with the highest injury rates were
Intermediate production and transport workers (108 per 1,000
employed), Tradespersons and related workers (107 per 1,000) and
Labourers and related workers (106 per 1,000). These three
occupations accounted for more than two-fifths (45%) of all
injured workers, yet represented only 29% of all employed
persons.
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In 2004, the National Occupational Health and Safety Commission
(NOHSC) estimated that the ABS Australian National Accounts estimates
for workers compensation payments to households represented 22% of
the total costs of work-related injuries in 2001–02, with indirect costs
such as lost productivity, loss of income and quality of life comprising the
remainder.
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Assuming that the composition of total costs has remained at a similar
level since 2001–02, the total cost of work-related injury for the financial
year 2005–06 would be at least $34.9b (based on an estimate of $7.8b in
workers compensation payments to households in 2005–06).
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In 2005–06, there were 392,700 (57%) injured workers who received some
type of financial assistance to cover medical expenses or income loss.
More than half (55%) of these people received workers' compensation,
while almost one-quarter (23%) received financial assistance through
regular sick leave from their employer
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Legal concept suggesting that a relationship with
another individual is established so that, should any
mishaps occur, injured partied may be
compensated for damage
To prove the injured person must show;
relationship between the parties existed, a breach
of this duty of care and damage as a result of this
breach
Effectiveness; Traditionally to prove a duty of care
was owed was hard to prove  ineffective for
individuals as their access to receive negligence and
enforceability of this concept was limited
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Today, it is much easier to prove with the
developments of contract law
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Wilsons & Clyde Coal Co V English 1938 stated that there were 3
main duties owed by employers to employees; competent fellow
employees, adequate plant from which to work and a safe system of
work
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On Monday, October 27, a Sydney rally will be addressed by Sue Exner, mother of 16 year
old Joel Exner, who was tragically killed on a building site at Eastern Creek on October 15.
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Joel died as a result of a 12-metre fall that could have been avoided had the employer
Joel was killed as a result of his boss cutting corners to maximise profits," says Andrew
Ferguson, state secretary of the Construction, Forestry, Mining and Energy Union (CFMEU).
Pressure is mounting on the NSW Government to introduce industrial manslaughter
legislation with thousands of workers rallying across the state.
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On 27 November 2003 the ACT Parliament passed the Crimes (Industrial Manslaughter)
Amendment Bill 2002, creating the offence of industrial manslaughter.
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That offence carries a maximum penalty of $1.25 million for companies. Individuals face a
penalty of up to $250,000 or imprisonment for 25 years or both.
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Under the ACT legislation, an employer and senior officer of an organisation commits the
criminal offence of industrial manslaughter if:
 a worker dies in the course of employment or is injured in the course of employment
and later dies; and
 the conduct of the employer or senior officer causes the death of the worker; and
 the employer or senior officer is reckless about causing serious harm to the worker or
negligent about causing the death of the worker
• Effectiveness;
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Yes as it recognizes employee rights to work in a safe environment,
Ensures employers provide employees with appropriate levels of protection
and standards of care whilst at work,
has the opportunity of enforcement through the concept of negligence where
any occurring injuries are open court procedures – providing the 3 aspects
mentioned earlier can be proven
Reflects community standards and expectations to work in a safe, fair
environment where injuries incurred through no fault of the employee are
recognised and compensated for
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Justice;
 Increased access and equality through providing employees with a channel to
be compensated for damage
 Traditionally to prove a duty of care was owed was hard to prove  unjust for
individuals as their access to receive negligence was limited
 By providing employees with fairness as if they get injured and it is not there
fault, they are enabled to receive due compensation.
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One of the first duties for the employers
under statute was the Employers Liability Act
1880 (NSW)
 Allowed ‘workmen’ (meaning, manual laborers) if
injured in specific work conditions or by other
employees, to sue the employer for damages.
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This was seen as ineffective as it only applied to manual
laborers. The Act did not cover many work situations.
Inequality, limited access (inapplicable to most)
Increased cooperation of safety procedures to minimize
conflict and save resources
This Act was effective for establishing the grounds for other
Acts to follow with greater general application, increasing
effectiveness through greater equality and access
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Justice; Increased equity for employees within the
workplace as the employers duties are set out, and
thus employees role within the workplace cannot be
compromised under Australian law
Designed to ensure employees are provided for
should injuries occur in their employment period. It
can also in specific instances, include contractors
 Injuries that occur during any activity directly
related to the employment are all considered to be
a part of an persons ‘course of employment’ ->
enabling them to apply for compensation
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Effectiveness of the Workers Compensation
Act
 Increases cooperation of both employees and
employers
 Effectively allocates resources to prevent injuries
that ultimately cause more costs to a business and
individual (time and money)
 Effective through future prevention
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Justice;
 The Act provides increased equality to employees
by providing the coverage of expenses caused by
injury inflicted to the worker whilst working.
 Provides compensation to employees for medical
costs etc  fairness
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Robens Report was followed by the Williams
report on the NSW system of workplace in
1981- this report showed that NSW legislation,
like the English system it was based upon, did
not adequately prevent workplace accidents.
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The Williams report concluded that future
workplace safety legislation should be put in
place with clear objectives- “there should be a
right, in every persons employment, to have
adequate protection against ill-health or injury
arising in the course of employment”
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OH&S Act aims to protect safety and welfare of
all people in the workplace
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It does this through clearing outlining the duties
and obligations of both employees and
employers
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Effectiveness;
 Recognises the rights of the individual (employee) by outlining
certain aspects of OH & S that must be applied to all workforces
 Demonstrates equality as all OH & S laws apply to all
workforces
 provides an effective balance between individual and societal
rights as they work together to achieve maximum results
without interferences like injuries and other conflicts that may
arise
 protects individuals as breaches of the act can result in
monetary (between $55 to $550 thousand) or non-monetary
(remedying/correcting unsafe situations, paying WorkCover
costs of investigations) penalties for first time offenders.
Additional offences can result in increased fines and or 2 years
imprisonment
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Justice;
 OH&S protects human rights- through providing a
safe workplace for employees
 Increases fairness for employees because they are
able to take reasonable care and safety of
themselves and others as they are able to refuse,
obstruct, interfere and disrupt any unsafe
practices they witness in the workplace
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State government body
administers Work Cover
Scheme – 2 main functions
 Provide workers compensation
and rehabilitation benefits to
injured workers in NSW
 Monitors health and safety
standards in workplace
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Effectiveness;
 Resource efficiency -> ensuring workers are able
to return to work as soon as possible and continue
to contribute to production
 Protects individuals and ensures they are
compensated for injuries
 Recognizes individual rights
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Justice;
 Increased access as Work Cover provides a legal
body for employees to use if they require
rehabilitation
 Increased equity for employees/employers as
Work Cover ensures that both participants within
the workplace work in a environment with
adequate health and safety standards
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Workers compensation claims
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Workplace injuries
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total workers compensation claims payments for 2000–01 = $2.9 billion – a 9.8%
in 2000–01, new major claims increased by 1.1% from the previous year to 53, 797 (new major
claims are claims for which the result of injury was death, permanent disability or temporary
disability, where five days or more were paid for total incapacity).
Workplace injuries accounted for 80% of total payments, while occupational diseases
accounted for 12.3%.
The largest components of workplace injury payments were commutations (redemptions) at
23%, then damages and common law (17%). The largest three components of occupational
disease payments were commutations (21%), legal costs (16%), and damages and common
law (15%).
Summonses
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in 2001–02, Work Cover laid 905 summonses. There were 455 convictions for breaches of the
Occupational Health and Safety Act 1987. The court dismissed 40 summons and 23 were
withdrawn – a 91% success rate. Total fines awarded by the courts were over $9.5 million.
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WorkCover investigates incident at Blue Scope Steel 30/04/2010
WorkCover NSW is investigating an incident at Blue Scope Steel where a
20-year-old contractor received serious burns this afternoon.
Preliminary enquiries suggest that the worker, a fourth year apprentice
fitter contracted to undertake work on site, was removing a slip plate
from a large gas main at the time of incident.
It appears the gas main was being purged with steam and the worker
received burns to his leg, shoulder and hip.
The worker was taken to Wollongong Hospital and is expected to be
transferred to the Concord Burns Hospital in Sydney.
WorkCover has sent two inspectors to the site and will conduct a
thorough investigation into the incident, including reviewing the systems
of work in place on the site at the time of the incident.
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Traditionally, rehabilitation schemes were designed where
large sums of compensation were paid to employees with
little to no focus on procedures that bring the employee
back in to the working environment
 Ineffective as it was an inefficient use of resources for both
parties
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Today, it is a huge benefit to employee/ers and is much
more effective. Employees with rehab today are back at
work much quicker, reducing the need and cost for
training new staff (resource efficiency)
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Rehabilitation can be physical/psychologically beneficial.
For society, rehabilitation reduces costs of continued
compensation payments and insurance premiums are
reduced and society has a member who is fully functional
and contributing to the economy as consumer and
taxpayer.
 Workers are rehabilitated under the Workers
Compensation Act 1998 (NSW) – providing effective
management of work-related injuries and compensation
for workers suffering injuries. The aim of the act is to:
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 Prompt treatment of injuries
 Effective and proactive management of injuries
 Necessary medical and vocational rehabilitation following
injuries – so worker is able to return to work as soon as possible
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Effectiveness;
 Individual: recognises individual rights,
enforceability, protection
 Society: resource efficiency (worker returning as
soon as possible), reflection of community
standards and expectations, opportunities for
enforcement.
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Justice;
 Provides justice to employees as a change in
societal values has allowed for quicker
rehabilitation processes, reducing the time it
takes for an employee to return to the workplace,
providing greater equality for both employees and
employers