Imagine if you were seriously injured at work. Think about the impact on your family, friends and your career.

But what if it was your workmate who had the accident and what if it was one you could have helped prevent?

Imagine how you would feel knowing you didn't speak up. Many workplace incidents are caused because people don't speak up and let their supervisor or manager know about potential dangers.

In 2015, there were 60 worker fatalities in NSW.

We want to remind you, whether you're a worker or an employer, that safety at work is everyone's responsibility.

Your workmate's safety is just as important as your own, so if you see something unsafe, speak up.

To encourage a safety conversation, watch our videos with your team and download posters to print and display in your workplace.

To access these tools and tips, and other relevant information, visit the Safety starts with you website.

SAFETY STARTS WITH YOU!

If you are unsure of the types of risks in your job, use our Risk Radar to discover the type of risk and how to prevent it from happening.

We have has also developed the Easy to do WHS toolkit making WHS easy for businesses who don't always have the time, resources or expertise to manage health and safety in their workplace.

The toolkit makes it easy for you to understand and meet work health and safety obligations.

Let's look out for each other and prevent tragedies that will stick with us for the rest of our lives.

EASY TO DO WHS TOOLKIT

Staff at Obieco recognise both the positive work health and safety changes that can be achieved through consultation and the impact workplace consultation can have on a business and its staff.

Obieco Industries specialise in the construction of special purpose and tipping bodies for trucks and are based in Tamworth NSW. Obieco employs approximately 60 staff and is focused on the development of local young people, with several apprentices engaged across four disciplines, auto electrical, auto body spray painting, mechanical engineering and engineering fabrication.

Watch the video below to find out how they practice consultation at work.

Receive your FIA member discount to Connect & Construct Summit 2019.

Now that FIA Partner PlanGrid is a part of Autodesk Construction Solutions, they're excited to participate at the Autodesk Connect & Construct Summit in Sydney! Connect and Construct is the only construction conference that brings the entire building ecosystem together - spanning design, build and operations.

Connect and Construct is the only construction conference that brings the entire building ecosystem together - spanning design, build and operations.

Join PlanGrid for a full day of inspiring keynotes, educational workshops, and customer-led case studies. You’ll learn more about Autodesk’s vision for a future of construction that integrates 2D and 3D worlds, and identify what PlanGrid & Autodesk means for you. You’ll also have a chance to talk to product experts from PlanGrid and BIM360 as well as network with other customers.

SUMMIT DETAILS

To obtain your FIA member discount click the link below and to send an email with your request.

GRAB YOUR FIA MEMBER DISCOUNT

On 15th April 2019, the world watched in horror as flames engulfed the Notre-Dame Cathedral in Paris. It took just hours for the iconic spire and wooden roof to collapse, changing the face of a building that has shaped the Paris skyline–and French culture–since 1345.

The fire at Notre-Dame was devastating, not only to the French and Roman Catholic communities, but to people around the world. The unmistakable Gothic architecture has made the World Heritage site one of the most recognisable and beloved buildings in history.

With a bittersweet nod, the two famous stone towers and most of the structure survived, and attention quickly shifted to restoring the site – and the public was involved from the very beginning.

Within days over €1 billion had been donated for the building’s reconstruction. Offers of help came from the most unexpected quarters, including the game creator Ubisoft, who offered to share the digital model of Notre Dame created for Assassin’s Creed Unity.

The French government has also reached out to the construction community to support with the creation of a new spire, which Prime Minister Edouard Philippe said should be “adapted to the techniques and the challenges of our era."

This global involvement is reminiscent of how another national and global icon, the Sydney Opera House, was constructed in the 1960s, following a worldwide design competition. The Opera House project showed how an engaging, outward-looking approach to construction can push boundaries, and create a unique and lasting connection between buildings and communities.

The Dream of Ships’ Sails and Mayan Temples

Like Notre-Dame, the Sydney Opera House is one of the most distinctive and admired buildings in the world. It’s perhaps surprising then that the design was one of 233 entries in a 1955 design competition– and was allegedly rescued from a pile of “rejects” during judging.

In retrospect, it’s not surprising that Danish architect Jørn Utzon’s idea was victorious. The building’s sails with their white ceramic tiles gleam over the water of Sydney Harbour, while the huge flights of steps – inspired by ancient Mayan temples – give visitors a sense of arriving in a special and unique location.

The judges at the time were so impressed with Utzon’s vision that his design was chosen despite the fact that no clear plan was in place to construct the building, and the dimensions of key features such as the sails hadn’t even been defined.

Nonetheless, the Australian government pushed for work to begin as quickly as possible, to allay concerns in the public’s opinion. The decision to choose the idea over the practicalities of construction certainly laid the foundations for an icon, but also created incredible hurdles during the build itself.

Given that even to this day, 52% of rework is caused by inaccurate information

Very Familiar Challenges

Following the 1955 contest, construction of the Sydney Opera House began in 1959. Unfortunately, the project ran into major difficulties almost immediately, many of which are very recognisable for construction businesses today. Teams faced unexpected weather, issues diverting stormwater from the site, changes to contracts and ongoing disagreements with the client. Within two years, the project was 47 weeks behind schedule.

But the most significant difficulties came from the design itself – or more specifically, the fact major structural issues hadn’t been resolved before building began. Work on constructing the base of the building, called the “podium,” commenced even before drawings were prepared.

Given that even to this day, 52% of rework is caused by inaccurate information, you can imagine the scale of the problem then that this lack of guidance presented. When work began on the roof, it became clear the podium columns wouldn’t be strong enough to support it– and had to be rebuilt. Designing on the fly definitely came with obstacles, both on site and in public opinion.

Solving the Mystery of the Shells

The biggest hurdle of the entire Opera House project was working out how the iconic sails – or “shells” – could be constructed. The weight and the cost of the materials for the shells was a major barrier; formwork would be hugely expensive, while moulds for the sails would have to be made individually, as each had a unique shape. The issue was so complex that the team went through 12 different iterations of the design.

The team turned to cutting-edge technology to tackle the problem, using a computer system to analyse the forces acting on the shells and to try different alternatives. This was one of the earliest uses of a computer for structural analysis.

The project was in some ways an early forerunner of the technology used in construction now, Building Information Modelling (BIM). Today, builders can even access 3D designs from an iPad on the jobsite, eliminating guesswork and making even complex designs possible. It’s a far cry from those original builders, who didn’t even have paper drawings to work from.

In 1961, using technology and immense creativity, the team arrived at a solution that is now almost as famous as the building itself:

In 1961, using technology and immense creativity, the team arrived at a solution that is now almost as famous as the building itself: to make each shell a section of the same sphere. This way, arches of different lengths could be cast from the same mould, then fitted together. The Sydney Opera House could finally be completed.

Creating a National Icon, Rebuilding Another

The development of the Sydney Opera House was unfortunately wrought with controversy. After so famously winning the design competition ahead of architects from around the world, Utzon eventually left the project due to ongoing disagreements with the government. At the time and even today, public opinion has been split as to who was to blame for his departure.

But that original competition and the story of the building’s construction has forged a lasting connection with the Australian people. The ambitious design and the determination to make it work is now seen as a testament to the national spirit. “It says something about our dare to dream,” said David Claringbold of the Sydney Opera House.

As the French government rebuilds Notre-Dame, drawing on donations and insights from around the world, there’s a hope that this process will provide a similar opportunity to connect the public with the repairs. It’s a chance for the construction community to come closer to people around the world, in saving this global treasure.

FIA Partner Doka have been continuously working on product safety as well as developing new products that improve the safety of formworkers worldwide for years. One such product is Dokadek30, improving the speed on the job, providing cost-cutting and above all providing easy safe use when forming floor slabs.

Below they highlight how the product helps you and they are offering FIA Members an EoFY sale. So view the video below and contact the Doka office on 1800DokaAus for an immediate quote!

Fast

• high-speed forming with large panels measuring 3 m²
• fast forming of greater room heights without ladder or platform systems thanks to 2.44 m long panels
• pre-defined assembly sequence prevents time-consuming operator errors
• fast stripping made possible by panels that are easily and safely tilted

Cost-cutting

• galvanized frames in yellow coated lightweight steel design and robust Xlife sheets ensure a long lifespan
• no cost for wearing parts such as cover strips

Easy and safe

• panels can always be assembled safely from the floor level without stepping onto the floor formwork
• heads have built-in anti-liftout guards to prevent panels from accidentally dropping down
• pre-defined assembly sequence makes for safe erection of the system
• simplified logistics thanks to only two panel formats

Attractive concrete finish

• consistent joint pattern
• few joints
• even concrete finish with Xlife sheets

DOWNLOAD THE PDF

There are several risks and exposures associated with running a business which could threaten the financial position of both a company and its directors. Understanding and taking out the right Management Liability Insurance cover can be vital in helping to reduce these liabilities.

When thinking about the potential exposures to your business, it is easy to focus on the risks associated with your tangible assets such as the product or service you provide. However, risks are inherent in all areas of business. With such a highly regulated and contentious business environment, it is becoming increasingly important to also consider any liabilities that may arise from the management of your business.

 With such a highly regulated and contentious business environment, it is becoming increasingly important to also consider any liabilities that may arise from the management of your business 

As a company director or manager, you are required by law to ensure decisions are made with due care and diligence and in the best interest of the business. This means you can be liable to a variety of stakeholders for your business decisions and practices, including employees, partners, clients, competitors and shareholders.

If a claim is made against you from any one of these stakeholders, the associated legal costs and damages can be financially crippling to a business of any size. The harsh truth is, if you are not adequately protected, you can leave yourself at risk of losing not only your business but your personal and family assets too.

How can Management Liability Insurance help?

Management Liability Insurance is designed to help protect the personal assets of company directors, managers and officers against potentially large and unexpected liability claims regarding the management, governance or compliance of the business.

For each risk included in your policy, you will typically be covered for damages and claimant costs awarded against you, legal and investigation costs, civil fines and penalties and representation costs where you are legally required to attend an inquiry or investigation.

Claims brought against you could arise from management liability risks including (but not limited to):

Employment Practices Liabilities

Workplace Bullying and/or Harassment

Claims relating to bullying or harassment are estimated to cost Australian organisations up to $36 billion (*1) through lost productivity, increased absenteeism, poor morale and the time spent documenting, pursuing or defending a claim.

According to Safe Work Australia, the median cost for accepted bullying and/or harassment claims is approximately $27,153 (*2).

As the manager or director of a business, you could be found legally liable should one of your employees make a claim for bullying or harassment in your workplace. If you are found accountable for such claims, you could face prosecution by the Fair Work Commission.

Unfair Dismissal

Managers and directors could also be left to defend claims relating to unfair dismissal where an employee feels their contract has been terminated harshly or unreasonably. Should the compensation be awarded to your employee, a business could be ordered to pay a sum of up to $71,000 (*3), an amount that could have a serious financial impact, particularly for a small to medium-sized business.

Statutory Liabilities

Occupational Health and Safety (OHS)

Breaches identified under the Work Health and Safety Act 2011 can incur penalties, regardless of whether intentional or deliberate conduct is established. A business owner or manager can be issued personal fines for reckless conduct of up to $600,000 for breaching their health and safety duty. The potential penalty faced by a body corporate for reckless conduct could reach $3,000,000.

Crime Cover

Employee Theft or Fraud

In the last 24 months, 45% of Australian organisations have experienced acts of economic crime, with 60% of those cases committed by someone close to the business such as an employee (*4). It is important that businesses don’t underestimate their threat environment and consider both external and internal sources of economic crime. Cover can help to minimise the risk of incurring significant and direct financial loss should an employee (past or present) commit an act of fraud or dishonesty.

Directors and Officers Liabilities

Mismanagement by Directors

Company directors can be found personally liable under the Corporations Act 2001 (Cth) for breaching their director’s duties. Potential breaches can include instances or allegations of fraud, wrongful acts, or misleading and deceptive conduct.

Offending directors could face civil penalties of up to $1.05 million (*5) or be required to compensate the company for any loss or damage incurred because of a breach. Depending on the severity of the misconduct, if the breach is reckless or dishonest, the director may also incur criminal penalties.

Having cover can help protect directors in the event they are ordered to pay monetary sums or fines to a regulatory authority if they are found to be operating in breach of legislation.

How Coverforce can help

Coverforce are part of your industry and are proud to partner with the FIA. Our expert insurance brokers understand the exposures faced by directors, officers, managers and business entities every day. Therefore, we will work with you to provide personalised risk advice and find the right Management Liability program to protect the assets of you and your construction business.

Contact Coverforce today and have confidence knowing that you have cover in place that is reliable and competitively priced.

The information provided in this article is of a general nature only and has been prepared without taking into account your individual objectives, financial situation or needs. If you require advice that is tailored to your specific business or individual circumstances, please contact Coverforce directly.

References

1. https://www.headsup.org.au/supporting-others/workplace-bullying 

2. Safe Work Australia - Psychological Health and Safety and Bullying in Australian Workplaces – Indicators from accepted workers compensation claims, Annual Statement, 4th Edition, 2017.

3. https://www.fwc.gov.au/unfair-dismissals-benchbook/remedies/compensation/compensation-cap

4. https://www.pwc.com.au/consulting/assets/gecs-report18.pdf

5. https://aicd.companydirectors.com.au/membership/membership-update/stronger-corporate-penalties-are-here

The recent FIA safety workshop on falling objects, lead by FIA Partner Gripps, was a huge success with all attendees acquiring certification on the 'Introduction to Tool Height Safety' course, demonstrating an understanding of the processes and techniques required to mitigate the risks of dropped tools by means of tethering.

Dropped tools and the fatalities and serious injuries from dropped objects are on the rise. In fact, they're the highest they have been since 2013 and both research and observations indicate that Formworkers are one of the biggest causes of these incidents. 

  

Every workday, an average of 16 workers are seriously injured by dropped objects. Often these injuries can be fatal, debilitating or extremely expensive to manage; forever changing the lives of not just the person injured, but their family and co-workers too.

Even the event of a 'near-miss' can cause major disruption and expense as sites are shut-down and teams brought in to investigate the cause.

The current regime and advise by regulators of drop protection measures do not provide the adequate levels of protection employees and employers require for their site and safety well being. 

Global leaders across all industries operating at height, who are focussed on increased safety and efficiencies, have recognised that simply purchasing and supplying tool tethering equipment for workers does not guarantee their use.

Furthermore, without proper training, tool-drop prevention equipment used incorrectly can create a false sense of security which may in some instances lead to elevated instances of risk taking and even higher exposure to danger from dropped tools.

With this in mind the FIA have partnered with Gripps to educate our workers and provide you with access to a comprehensive training program to produce leaders within your business on tool-height safety, "Target: Zero Drops".

FIA Members are now able to save in excess of $1,500 on this program as well as a further 20% off Gripps tools and products. Furthermore as part of our safety advocacy we will be championing for further change to the WHS regulations and standards to provide clear advice for the Formwork Industry on working with tools at height.

Target: Zero Drops. A revolutionary program, Target: Zero Drops takes a comprehensive approach to eliminating dropped tool incidents on worksites. Over five modules, you and your workforce will be thoroughly educated on the hazards on your site and the danger that dropped tools can pose. After you’re aware of the need for change, we help you implement it, using experienced experts to deliver certified training programs while providing you with the communication tools needed to make these lessons stick. Afterwards, we’ll review how your business has transformed, measuring the impact of the Target: Zero Drops program and helping you develop your next safety goal. 

Take the first step towards building a safer workplace by learning what Target:Zero Drops can do for you.

MEMBER OFFER - 20% DISCOUNT ON TARGET:ZERO DROPS PROGRAM & 20% DISCOUNT ON GRIPPS TOOLS - SAVE IN EXCESS OF $1,500

TAKE UP THIS OFFER

In mid-February of 2019, WorkSafe Victoria announced a blitz on dropped objects at construction sites across the state. As part of their regular and randomised inspections, WorkSafe inspectors will be focusing on ensuring appropriate risk control measures to prevent dropped objects are in place at worksites, helping to reduce the chance of serious injury or death.

This blitz comes in the wake of several incidents across Victoria, including several in highly built-up urban areas. In January of 2019, a piece of timber fell 22 storeys while being lifted into a loading bay at a Southbank construction site. In the same month, a piece of MDF sheeting fell out of an open window and dropped 63 storeys above busy Little Latrobe St.

 The need for a coordinated approach by national and state/territory regulators is sorely needed 

GRIPPS is pleased to see the Victorian regulator take steps to ensure the safety of workers across the state from dropped objects, especially as the often-fatal consequences of a lack of adequate risk control measures becomes more widely known. In September of 2018, a man was killed and another seriously injured at a Box Hill construction site after a kibble of concrete fell from a crane. The need for a coordinated approach by national and state/territory regulators is sorely needed.

A widespread problem deserving national attention

The Box Hill concrete kibble fall is just one tragic incident on a single worksite – GRIPPS knows all too well that the problem is general across the industry. In 2017, falling objects killed 15 workers across Australia, making them the fourth most deadly mechanism of injury after vehicle collisions, being struck by laterally moving objects and falls from heights.

Despite the very real risk posed by dropped objects to workers on jobsites across the country, the guidance provided by regulators to manager this risk is thin and vague. The Model Work Health and Safety Regulations released by Safe Work Australia does provide some information on dropped objects, but only provides a few examples of appropriate risk control measures. In the January 2019 update (p. 62), the suggested measures are limited to:

• Providing a secure barrier.
• Providing a safe means of raising and lowering objects.
• Providing an exclusion zone persons are prohibited from entering

While it can be argued that Model Work Health and Safety Regulations are not intended to be comprehensive – being intended to guide the creation of state and territory regulations – their content represents the overall focus of Australia’s top safety regulators. As such, the fact that the document provides so little guidance for site safety officers speaks to a lack of direction on this issue.

Furthermore, Safe Work Australia does not provide much in the way of additional guidance on dropped object prevention in other documents. The only more specific guidance available on the Safe Work Australia website is a factsheet from 2012. This factsheet provides some additional information, but its age and the lack of follow up on the part of Safe Work Australia indicates a lack of focus on this issue.

A lack of specific direction

 Contractors and site safety officers across the country are frequently left in the dark about how best they can protect themselves and their teams, leading to unacceptable gaps in safety measures 

This same lack of guidance can be seen at the state and territory level. Several state and territory regulators have provided their own advice on mitigating and eliminating the risk of injury or death caused by dropped objects. In many cases – as a direct effect of the implementation of model WHS laws – state and territory legislation is no more descriptive than guidance provided by Safe Work Australia.

As such, the quality and nature of this advice ranges from vague and solely focused on an individual trade as in South Australia to adequate but incomplete in the case of Victoria. Similar issues persist in guidance provided by Tasmania (p. 15), New South Wales, Queensland and the ACT. Contractors and site safety officers across the country are frequently left in the dark about how best they can protect themselves and their teams, leading to unacceptable gaps in safety measures.

In all cases, the risk control measures suggested only become effective once the object has already left the control of the responsible employee. These include debris netting, exclusion zones, toeboards, railings and other measures.

Where these measures fail is that they mitigate the risk, rather than eliminate it. Dropped objects can bounce over toeboards and through railings, deflecting off parts of the structure to miss debris netting and landing outside exclusion zones or exterior to the worksite.

Build the workplace your team deserves

What’s needed instead is a revaluation of how tradespeople around the country assess and manage the risk of dropped objects. GRIPPS is at the forefront of this effort, delivering education and equipment to help businesses prevent tool drop incidents all together.

If you’d like to learn how we can transform the way you keep your team safe, browse our range today or make an enquiry about our revolutionary Target: Zero Drops strategic safety education and implementation program, which is provided to FIA members at a significantly reduced rate.

CONTACT US TO FIND OUT MORE

In an industry where margins are tight, we need to strive to find improvements in productivity wherever we can. An area where strong productivity gains can be made during a job is effective asset management.

The first step is identifying whether or not you have an issue with asset management in your company. You can quickly identify this by asking your people on the ground some very simple questions, for example : “How much time per day do you spend looking for the pieces of equipment you need to do your job.” If the answer is “15 minutes”, you know the actual cost to your company for that non-value adding activity is at least $15 !

That’s a simple example of a productivity loss from not being able to track your equipment easily.

There is a related question : “How often do you realise after searching for a piece of equipment for a while, then making a few phone calls, that whatever you’ve been looking for has been lost or stolen?” You’ll hear some surprising replies.

Once you do the math, the productivity losses for your company on an annual basis really eat into your profit.

If you realise that you do have a problem and you want to solve it, technology exists to help you.

This is where this concept of the ‘Internet of Things’ comes in (or ‘IoT’).

Very simply, we’re now able to connect pieces of equipment (could be hand tools, could be ladders or any type of equipment you use in your daily work) to the Cloud by tagging them with a Bluetooth enabled tag or a unique QR code that can be picked up by your smartphone. Software packages exist for this purpose so you can input the equipment type, set service intervals (for example ‘test and tag’ or laser calibration). If you attach your equipment to specific physical locations you can then manage their whereabouts.

A key part of implementing these types of systems is getting help to do that as it is a change for any company to adopt. The good news is that Hilti can help you do this with a team of consultants who can help you assess where you are with your asset management processes and implement the tagging and software elements necessary to make it happen. As with any change management process, it needs continuous follow-up to make sure the change is embedded and we help you with that as well.

Need to know more?

Forklift Blitz

Safe Work Inspectors will be commencing a forklift blitz shortly in NSW. We recommend a toolbox talk or pre-shift meeting with workers to highlight the need for separation of mobile plant and pedestrians and in particular, who has right of way and in what area. This could also draw in the chain of responsibility obligations. It would also be timely to do a refresher of safe work method statements, safe operating procedures, and pre start checks, for mobile plant operations and to test knowledge against the site traffic management plan.

Operation Scaf Safe

SafeWork NSW is currently running Operation Scaf Safe. It is one focus of SafeWork’s Towards Zero Falls From Heights Campaign which will run until 2022. SafeWork Inspectors are visiting sites across NSW to ensure businesses and operations understand the safety requirements involved in creating a safe environment for workers using scaffolding and working from a height. This follows a compliance blitz in 2018 where almost 50 per cent of scaffolding inspections were found to be non-compliant. 1,258 notices were issued, including 93 risk-of-falls related and on-the-spot fines, totalling $265,680.

We recommend a toolbox talk or pre-shift meeting to highlight the need for workers to ensure scaffolding components are in place before commencing work and not to remove or alter scaffolding components which can only be undertaken by an accredited scaffolder. A site inspection with a scaffolder to check compliance of current structures is also recommended. It is also timely to check handover certificates, scaf tags, and safe work method statements.

Court Action

A recent prosecution of an Importer and Director of electrical equipment, fined $1 million and $200,000 respectively, for multiple category 2 safety breaches highlights the need for business to be mindful of upstream safety obligations of designers, manufactures, suppliers and importers (OEM) and the interface and importance of consultation obligations.

A Queensland woman suffered fatal injuries when she touched a submersible pump in her backyard well. The pump was one of hundreds purchased from a Chinese manufacturer, which did not comply with Australian Standards, was substandard in design and manufacture and sold online in Australia.

Takeaway

Anyone who imports electrical goods for sale in Australia must ensure the goods meet Australian Standards and are tested to be electrically safe. This becomes more critical for businesses that purchase plant and substances direct from overseas and particularly online, for their own use and not resale, as they effectively stand in the shoes of the OEM.

Besides compliance with Australian standards a further imperative is that the OEM must ensure, so far as reasonably practicable, the plant and substance is safe and without risks to health and safety and used for a purpose for which it was designed or manufactured and that it comes with adequate information concerning the assembly, commissioning, operation, use, storage, cleaning, repair, maintenance, dismantling, decommissioning, and disposal and any reasonably foreseeable activity (activities).

Duty holders should carefully examine accompanying documentation and data to ensure that it is up to date and applicable and as necessary contains results of analysis, calculations, examination and testing necessary for the safe performance of the activities set out above. In the absence of that information it should be requested.

Contact

K&L Gates has an extensive full service offering in work health and safety across Australia. If you would like to discuss these cases and implications for you and your business further, please contact us.

John Makris
Partner
+61 2 9513 2564
john.makris@klgates.com