The details are being closely guarded, but the O’Farrell Government has signalled a drastic “reform” of the Workers Compensation system.

Despite the fact that entitlements for injured NSW workers are already lower than in other states, a report by PricewaterhouseCoopers has advised slashing entitlements for injured workers as a way of reducing employer insurance premiums.

Given O’Farrell’s recent anti-worker, anti-union legislation attacking the rights and conditions of public servants, it’s likely that O’Farrell will take this simplistic cost-cutting advice.

There are a number of other ways the workers’ compensation system can save money without having to touch the entitlements of injured workers.

Employers who operate an unsafe workplace or don’t help injured workers get back to work as soon as possible should be targeted by WorkCover and should pay higher premiums. Safe employers should be rewarded by lower premiums.

WorkCover must also police the insurance companies to ensure more efficient management of injury claims to prevent money bleeding out of the WorkCover system and into their pockets.

The RTBU has issued a statement, below, opposing any move by the state government to erode the rights of and assistance to vulnerable Australians.

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RIGHTS AT WORK FOR INJURED WORKERS WORKPLACE RESOLUTION

This union condemns any move by the O’Farrell Government to cut injured workers entitlements. We note that an injured worker that can’t return to work after six months only gets paid $432.50 per week before tax or 90 per cent of their average wage, whichever is less.

We also note that insurance companies are making hundreds of millions
of dollars profit. In our view, the WorkCover scheme must be about preventing injuries in the workplace as the number one priority.

Where an injury occurs, WorkCover must ensure that employers
are complying with their safety obligations and where they are negligent, take action against such employers.

WorkCover must ensure that there is complete co-operation by employers to assist injured workers rehabilitate and return to work. In our view many employers are not complying and therefore many injured workers are remaining on workers compensation for longer periods of time.

Workers in NSW should not have their rights at work cut with respect
to workers compensation because of the O’Farrell Government’s unwillingness to put resources into OHS, better claims
management and compliance.  

An audit of the NSW WorkCover scheme has just been completed, and with a $4 billion deficit predicted by the end of the year, Barry O’Farrell says the system is in dire need of reform.

The RTBU is concerned that although O’Farrell has said there is no proposal to cut benefits to injured workers, slashing payouts would be the quickest way to solve the problem and keep employers, who want their insurance premiums to drop, happy.

O’Farrell wants to bring NSW in line with other states and changes could include reducing weekly compensation payments, cutting the length of time that workers receive payments and reducing injured workers’ medical benefits.

The union believes that rather than dismantling workers rights and cutting benefits, the real focus should be on injury prevention, injury management and more effective return to work schemes.

Unions NSW has called for the NSW Government to consult not just with the business lobby but with workers and unions to help make the scheme more effective.

The state government previously indicated it would consult with unions, employers and government representatives before making any changes, but O’Farrell has confirmed he will announce the finalised reforms in a month.

This short time frame leaves no time for genuine consultation – it looks like O’Farrell has already made up his mind to fast-track the changes regardless of the negative impact on vulnerable injured workers.

RTBU members have raised their concern about safety procedures and poor air quality at the unloading site within Weston Milling at Enfield.

Dusty, narrow and dark walkways at Weston Milling

A number of representatives from Weston Milling, both RTBU members and officials with Pacific National Bulk, were in attendance at an onsite dynamic risk assessment on Monday 11 April.

This assessment process raised some significant health & safety concerns as well as some procedural lapses. These included concerns that:

• the lighting and walkways throughout the shunting process are lacking;

• the presence of dust within the area of unloading operations is substantial; and

More narrow walkways for workers

• general housekeeping procedures are inadequate.

Following from the meeting, management will work on implementing general procedures, including further inspections, and will meet with members to discuss improvements to lighting and narrow walkways.

Concern still remains regarding air quality and the RTBU Loco Division will meet with Workcover representatives to discuss the best way to address this and other issues.

Members will be kept up to date as the issues progress.

The RTBU is working with rail operators to ensure train crews are adequately protected from potential exposure to dangerous contaminants, including diesel fumes in the case a train breaks down in a tunnel. Crew is responsible for securing the train which requires the crew to exit the cab, resulting in potential exposure to atmospheric contaminants.

A number of incidents have been reported when trains become disabled within tunnels. The RTBU notified Workcover through the Rail Industry Safety Forum (RISF) that the identified control measures that now exist in some areas do not minimise the effect to members of contaminants, when issues such as becoming disabled within a rail tunnel occurs.

At previous RISF meetings it was noted that the proposed re-breathers put forward as a minimal control may not meet the risk criteria to fully complement our members’ safety. Further engineering controls may have to be sought as re-breathers are only used to clear the tunnel interior and do not allow further emergency work to be performed.

The RTBU has received the positive news that PN Coal has installed and trained crew on the Union’s interim control treatment measure – SSR90 equipment – on all locos operating out of Port Kembla and Lithgow; however drivers at Morandoo Depot are still waiting for safeguards to be put in place.