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The Forum > General Discussion > Health and safety in NSW

Health and safety in NSW

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yabby, mate.
I think of you as a rather prickly at times mate.
Some times I see from your eyes.
Some times from mine.
I am no longer a union official.
Tuesday before last I stood up to a bad boss.
And for my mates.
My members never ever had been my comrades, but mates yes.
I left with pride they did not want me too, happy I had taken on a man who needed the world to find the guts to say to his face what they did behind his back, for the fourth and final time.
Yabby I despise some unions, some officials.
But not my lifetime one.
It was in my childhood great, to see the battered old holden pull up on the job.
Happy old official come towards you? a feeling some one cared.
We hit a hole about 5 years before an amalgamation, took time to meld.
For a long time I thought it would fail, two great men, men of our future melded it in to the union it once was.
There yabby is a difference.
You highlight a problem, but mate you over look courts rule on crimes.
A boss found guilty of OHXS crime is guilty,his fine being shared,may be wrong not his conviction.
Posted by Belly, Thursday, 28 October 2010 5:20:28 AM
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*I think of you as a rather prickly at times mate.*

Fair enough Belly, see whatever you want to see. I think
of you as a very nice fellow, we would probably get on great
over a beer and have much in common, about many things,
agree on many, agree to disagree on others.

But all this has nothing to do with the two points I am
raising and focussing on.

Nobody, but nobody under our laws, should be assumed guilty,
by mere accusation. They should be assumed innocent, until
proven guilty. That is the very basis of our legal system.

The NSW occupational health and safety laws are the exception.
I gather that this was tested in the high court and found to
be unconstitutional.

Secondly, if some unions can benefit financially from bringing
cases to court, it becomes their interest to raise frivolous
cases, as they might make a quid. I just think that is wrong
and needs changing too.

All the rest, you can argue until the cows come home, I don't
really care. These two points however, were rationally discussed
and debated by the business community and shown to be what they
are. The arguments made too much sense to ignore. So I am
simply stating my opinion and certainly don't think that Gillard
should adopt such flawed laws nationally.

All they do is give employers another reason to say stuff Australia,
we'll go offshore.
Posted by Yabby, Thursday, 28 October 2010 10:14:04 AM
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I have always known we would yabby.
Believe me you have it wrong.
If a union acts against a boss in this area it MUST be proved in court that the boss had done some thing wrong.
That boss is not judged by a union but the court.
I have put other ways of sharing the costs without dropping the economic benefits in print here.
Lets look, just at my recent problems with OHXS in NSW.
PPE personal protective equipment MUST BE warn on all construction sites.
That little blue and white sign on every entrance warns, you can not enter the site unless you have it.
Legislation had to be drawn up, workers wanted to wear shorts, or short sleeved shirts, high vis clothing that burst in to flames ext.
The law clearly, not a union law, says the boss must supply it Free.
It is law policed by work cover, a state body that keeps every cent a boss's fined.
In fact the fine for not wearing hi vis jacket is about $240.
Now I often found, too often, a boss had taken money to pay for clothing the law said he must provide.
Last time it happened the country town based firm refused to repay, said they did not have to, my boss of that time, did not understand a great deal, code for had hidden any talent he ever had well, agreed with them.
Work cover, from that same town disobeyed its own law.
All said I got it wrong, ideal could have won much cash in court, never in my life would I
But that home of heedless government fine makers and takers known now they got it wrong.
Posted by Belly, Thursday, 28 October 2010 5:36:57 PM
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I would have sent companies broke had I become either a Worksafety Inspector or Union Rep Belly! When driving I notice many machinery and truck operators risking their lives and employees lives on a weekly basis. Thongs and other inappropriate footwear worn on the job moving cranes on to the back of trucks, loads of material/debris uncovered, flying off the back of trucks hitting vehicles, hard hats not worn on many occasions at various work sites I visit, drums, rubbish, bins, cords and other electrical gear left in traffic areas for people to trip over.

Government would climb over themselves for you to do consultancy work part time or full time as a Workplace Inspector.

It is probably 'your' time to leave the Unions [one of your areas of expertise] in which you have given over many years, reduce your hours, yet not your wages, by working as an Inspector for government.

You would get the best of both worlds working on either contracts, part-time or casually Belly.
Posted by we are unique, Thursday, 28 October 2010 9:13:07 PM
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Belly, it seems to me that you are seeing this all from your
own personal perspective, which is a common human foible.
But you have to look at the ramifications nationwide. That
is why Gottliebson and others of the business community
raised the issue.

A magistrate cannot do as they please. They can only
interpret the law, which they are given. When it comes to
points of law, lawyers will persue them mercilessly, to
achieve their objective.

Now Belly the amiable unionst, is not the problem. But
if we were dealing with a Reynolds or a Donaldson, backed
by appropriate lawyers, they could screw the system to
their hearts content. That is why the NSW law is not acceptable.

Worksafe have a real attitude problem. When they clamped down
on farmers, after reading their emails, I rang them up. These
guys knew nothing about farming or farm machinery, but were ready
to read farmers the riot act. I suggested that their big stick
was not going to work, a carrot might be more appropriate.

In the end I told the guy that I had intentions of selling my
business and in future would employ as few people as possible.
They could all work for worksafe and all police each other.

When Govt officials try those kinds of standover tactics, they
are bound to fail. Don't be amazed if its another reason, why
some entrepreneurs simply say stuff Australia, we'll just do
it all offshore.

Next people like Unique will be crying that they want more
jobs locally.
Posted by Yabby, Thursday, 28 October 2010 10:17:58 PM
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Liked both those posts.
let me clear the air, I was always from the union most of you know had a great culture and plan.
It has returned to its roots after a storm.
But yes that mob is the thugs and mugs.
storming even now on to sites with false claims about safety.
But yabby real concerns are not hard to find, in fact while rather not support the idiots, solidarity is a much missed lie, if a boss gets it wrong?
He/she should be fined, it is not a one sided view.
Yes we are unique I have been working full time from age 13 till not much less than two weeks ago,now 65 and a little.
Only about the fifth insulting confrontation with a man who has no Friends stopped me.
I am well, but while settling down to a less
stressful life remain interested.
I tried in my last post to highlight intervention in health and safety must take place.
Those charged with it are in retirement mode.
How many know work cover will not investigate a road transport smash that leads to death?
do the crime do the time,any offender should be fined.
of special interest,some officers who should be getting a safe workplace are ex officials of the thugs and mugs, who now rest in office chairs taking no action.
Posted by Belly, Friday, 29 October 2010 6:56:20 AM
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