Author: Teamwsib

Changes to use of Silica in the Workplace

WorkSafe has completed 92 unannounced inspections of stone suppliers and manufacturers since Victoria’s engineered stone ban took effect on 1 July. The visits have caught out a small number of duty holders, with three now referred for investigation for suspected supply and processing of engineered stone products in breach of Occupational Health and Safety Regulations.

WorkSafe’s Silica Field Team has also issued 38 compliance notices since July 1, including non-disturbance notices to prevent the supply of engineered stone products. Inspectors have additionally seized a number of samples for testing of silica content. WorkSafe Executive Director Health and Safety Sam Jenkin said regular inspections would continue to drive home the message that complying with the ban is a legal requirement – not an option.

This spike in cases is linked to a rise in the manufacturing and use of engineered stone. So what is crystalline silica and how do we protect our workforce?

What is it?

Crystalline silica is a mineral compound found in soil, rock and sand. Respirable crystalline silica (RCS) is generated by the vigorous processing of compounds that contain crystalline silica in the form of dust. Examples of processing activities are, cutting, sawing, drilling, grinding and polishing materials that contain crystalline silica. RCS particles are very small, as such they are likely to remain airborne longer than larger dust particles and are invisible to the naked eye. Compounds and the amount of RCS contained are outlined below:

  • Granite
  • Shale
  • Natural Sandstone
  • Composite
  • Aggregates, mortar, concrete

What does it do?

When generated, RCS may be inhaled, lodging deep within the lungs. A number of diseases have been associated with the inhalation of RCS with silicosis being the primary disease.

Silicosis is divided into three main types:

Acute silicosis may develop after exposure to very high levels of RCS over a short period of time, within a few weeks or years. Acute silicosis causes severe inflammation and an excess protein in the lung.

Accelerated silicosis may develop after exposure to moderate – high levels of RCS over the period of 3-10 years. Accelerated silicosis causes inflammation, protein in the lung and scarring of the lung.

Chronic silicosis may develop after exposure to lower levels of RCS long term and causes fibrotic nodules and shortness of breath. Chronic silicosis may include progressive massive fibrosis where the fibrotic nodules in the lung aggregate.

Additional diseases associated include; Chronic Bronchitis, Emphysema, Kidney damage, Lung cancer, Scleroderma

Who in particular is at risk?

Workplaces that manufacture, install or modify engineered stone have experienced a spate of instances of silicosis over the past few years, however it is expected that the number of cases recorded do not accurately reflect the number of instances occurring as it is not presently a reportable illness.

Additional workplaces that may provide an exposure include; building, construction and demolition work, preparing kitchen benchtops – stone, excavation, blasting, mining, brick manufacturing, road building, stonework, explosives, foundry.

Activities:

  • brick cutting
  • grinding masonry
  • concrete cutting, chiseling
  • cleaning up dust and debris from above mentioned
  • cutting and working with manufactured stone

How can exposure be controlled?

As silica becomes respirable in dust form, it is important that exposure to dust is minimised to acceptable, safe levels. At the time of authoring Safe Work Australia’s Workplace Exposure Standard requires that respirable silica dust not exceed 0.1 mg/m³ as an eight hour time weighted average. To achieve this, it is recommended that dust extraction, wet cutting practices, isolation of the process area and the use of appropriate personal protective equipment such as respiratory equipment, be

implemented. Local exhaust ventilation and wet dust suppression practices have been shown to reduce dust by up to 99%.

Important notes:

Health monitoring of employees engaged in activities that are exposed to RCS are included in relevant WHS/OHS legislation. Abrasive blasting of material containing >1% crystalline silica has been banned in Victoria and dry cutting of engineered stone has been banned in Queensland.

Additional information:

  • Health Monitoring for Exposure to Hazardous Chemicals – Guide for persons conducting a business or undertaking
  • Health Monitoring for Exposure to Hazardous Chemicals – Guide for workers
  • Health Monitoring for Exposure to Hazardous Chemicals – Guide for medical practitioners

Sources
Vero Insurance
Safe Work Australia

Lessons from Triage – Labour Hire

A standard question asked when a Public/Products Liability policy is placed is whether the insured engaged labour hire personnel and/or contractors or sub-contractors. A situation that comes up regularly is with what I will call internal labour hire. This arises where the insured has two companies. One company carries on the business. The second company engages all of the employees. The second company takes out worker’s compensation insurance.

What we see is an employee of the second company injured while working in the business of the first company. The worker’s compensation insurer pays the claim and seeks recovery from the first company. 

The first company then seeks cover under their Public Liability policy. The effect of these internal labour hire arrangements is that they effectively turn the Public Liability insurer into a Worker’s Compensation insurer. 

Liability insurers do not want to be in that position and their response to these kinds of arrangements is usually to either decline the risk, accept the risk with an exclusion or put on a high excess (in one recent claim, the excess was $100,000). 

Internal labour hire arrangements seem to be recommended by accountants. From the perspective of an accountant, they may be prudent arrangements. 

However, from an insurance perspective, they are potentially catastrophic.

If you have questions, please contact your experienced account broker at theteam@wsib.com.au or phone 02 9587 3500.

Source:
Steadfast

Cyber awareness: Wrongful use of licensed music

Sony Music has sued Marriott in Delaware federal court, accusing the hotel chain in a lawsuit made public on Monday of using more than 900 of its artists’ songs without permission in Marriott advertisements on social media platforms.

The lawsuit names 931 songs, that Marriott and influencer partners allegedly misused, including hits by Beyonce, Michael Jackson and Harry Styles, potentially making Marriott liable for more than $139 million in statutory damages under U.S. copyright law.

Representatives for Marriott and Sony Music did not immediately respond to requests for comment on the complaint.

According to the complaint, Sony Music told Marriott in 2020 that social media pages associated with its hotels were using Sony Music recordings without its authorization. The lawsuit said Sony Music’s notices have continued through this March.

Sony Music also said that Marriott’s infringement is continuing, with at least 47 new instances in May alone. The complaint said that Marriott’s ads “rob Sony Music of the substantial licensing revenues it is entitled to.”

If you have any further questions please reach out to our cyber guru, Scott Scala at WSIB on scotts@wsib.com.au

Sony Music asked the court for an order blocking Marriott from using its music in addition to monetary damages. The case is Sony Music Entertainment v. Marriott International Inc, U.S. District Court for the District of Delaware, No. 1:24-cv-00598.
Source: Reuters 

October is National Safe Work Month!

National Safe Work Month encourages businesses to prioritise work health and safety and take preventative action to reduce the number of work-related injuries, illnesses and fatalities. The campaign aims to promote a positive safety culture and to emphasise the importance of good WHS practices. No job should be unsafe, and no death or injury is acceptable. National Safe Work Month provides a valuable opportunity to raise awareness of WHS and highlight the collective benefit safe and healthy work has to individuals, organisations, and the wider community.

 

The 2024 edition of Safe Work Month is ‘Health & Safety is everyone’s business’ encapsulating the growing need for a healthy and safe workplace environment, and the potential positive impacts and benefits to businesses who buy in to these strategies. Each of the 4 weeks brings with it a different topic, including WHS fundamentals, Psychosocial Hazards, Risk Management fundamentals and Musculoskeletal injuries.

 

Week One focuses on Work Health & Safety Fundamentals and promotes a return to basics philosophy focusing on strategies such as identifying risks, consultation with the workforce, and training and education of the workforce. Week Two transitions to one of the more recent focus areas being Psychosocial Hazards, where the call to action will be for businesses to educate themselves on what these hazards are, and the impact they have on the person and the business. Week Three moves towards the risk led approach of Risk Management; the continuous cycle of identify, assess, control, review and improve. Week Four aims to target the long-standing risk of musculoskeletal injuries and how businesses can improve their productivity through the reduction of these incidents.

 

The SafeWork Australia website is a great starting point for businesses who are looking for tools and resources to tap into to help you start or continue along your health and safety journey: https://www.safeworkaustralia.gov.au/national-safe-work-month

 

If at any point you are looking to discuss a situation in your own business, or simply looking for a trusted partner to assist your business with risk mitigation, do not hesitate to contact us at Warren Saunders Insurance Brokers today. We have an ever-growing team of insurance and safety experts who can help you navigate the plethora of opportunities out there in today’s market.

Workers Compensation Premiums creating a financial pinch?

As we move closer to another end of financial year where the majority of employers renew their Workers Compensation policies, it’s timely to remind businesses of the changes coming especially specific to industry risk rates.

All four government funded schemes in NSW, QLD, VIC and SA have seen increases to most industry risk rates which in turn will likely drive a higher premium payable to businesses operating within those jurisdictions. Concurrent to risk rate rises is the need to regularly review the way in which a business has built its workers compensation policy; all too often we see policies “rolled over” without consideration given to how a business may have evolved especially regarding its primary business activities. Different business activities carry different rates affecting premium not-to-mention how these declarations cover those employees.

The team at Warren Saunders Insurance Brokers have a specialised service available which has the capability to review your Workers Compensation program and ensure the most appropriate form of coverage is in place. With likely premium increases on their way, now is a perfect time to get in touch with us to discuss how our services can assist in this space.

Speak to one of our Workers Compensation Account Managers on (02) 9587 3500.

Data breach incidents on the rise in Australia

Australia is grappling with a significant increase in data breaches, with 1.8 million user accounts compromised during the first quarter of 2024 (Q1 2024), according to cybersecurity firm Surfshark’s report.

The analysis, which focuses on email addresses linked to online services, found that these breaches also involved sensitive data such as passwords and financial information.

It indicated a 388% rise in compromised user accounts compared to the last quarter of 2023. This increase places Australia as the 15th most affected country worldwide, with approximately 140 million accounts compromised since 2004.

Recent data breaches in Australia

In addition to Guardian Childcare, many companies have fallen victim to cyberattacks of late.

Major oil and gas company Shell fell victim to a cybercrime, with a threat actor claiming to have posted 80,000 rows of customer data, affecting individuals across the globe, including Australia.

Meanwhile, a hacker group claimed that it has stolen the personal data of ticket sales giant Ticketmaster’s global customers, with thousands of Australians expected to have been impacted.  

Other companies that reported data breaches in May included electronic prescription provider MediSecure, tech firm Iress, and mortgage lender Firstmac.

Find out how to mitigate your risk by speaking with one of our experienced Account Brokers on (02) 9587 3500.

Source: Insurance Business Magazine

Significant changes incoming for NSW & VIC compensation schemes

Employers and businesses who operate in New South Wales and Victoria need to be aware of some quite significant changes across both schemes in the lead up to this 30 June 2024.

In NSW the Nominal Insurer scheme (icare) continues to evolve off the feedback given by employers, broker partners and injured workers alike.

In 2018 we saw what effectively became a single-claims provider scheme commence.

The ‘Authorised Provider’ model was the first step in July 2020 in rewinding the single-provider model, offering choice of claims provider to the largest customers within the scheme.

This coming 30th June 2024, the Medium sized employers (Average Performance Premium of $200,000 to $500,000) will now also have choice of claims provider.

What this means is employers with a policy of this size will qualify to have their Workers Compensation claims managed by any of the following NSW scheme agents and will be required to stipulate at renewal who they would like this to be:

  • EML
  • QBE Insurance
  • Allianz Insurance
  • GIO Insurance
  • Gallaher Bassett, or
  • DXC (formally known as Xchanging)

The Workers Compensation Risk team at Warren Saunders Insurance Brokers work closely with all these providers and are here to help if you need any advice/ recommendations or support in this area.  Please just reach out to your WSIB representative.

In VIC, legislation which has passed through Parliament will see changes to entitlements for mental or psychological injuries. The changes will see claims being made for incidents or events that are “typical and reasonably expected to occur” in the course of employment be more heavily scrutinised and more likely be declined at eligibility review. Claims arising through interpersonal conflict whose being claimed as bullying or harassment are one example of claims more likely to be rejected than accepted under the changes.

Another significant change to the Act which has also been passed is the entitlement to long-term tail claims, whose eligibility criteria for ongoing benefits beyond 2.5 years has increased. This could make it harder for injured workers with long term injury and illness to seek benefits under the Victorian workers compensation laws, however WSIB would expect the interpretation of these laws to be much clearer over the course of time once the new legislation is tested through appeals processes in the future.

Should you have any questions in regard to the above updates, or anything specific to your Workers Compensation program, do not hesitate to contact us here at WSIB at team@wsib.com.au or (02) 9587 3500.

Are you properly protecting your home from water damage? See these tips

While most homeowners focus on protecting their homes against theft and fire through locking devices, alarm systems and smoke detectors, they tend to ignore another major threat to their homes – internal water leak damage. Homeowners of a property with a history of water damage could face difficulty obtaining insurance, or experience higher premiums.

To minimise the chance of internal water leak damage, here are some proactive steps you can take to protect your home. 

1. Checking the quality of your flexi-hoses

The easiest way to avoid a devasting water damage loss is to physically inspect your flexi hoses and look for signs of corrosion. Burst hoses can cause floods, which is why it is important to regularly inspect them, especially when you plan to be away for extended holidays.

Flexi-hoses can be found under the sinks in your kitchen, butler’s pantry, bar, laundry and bathrooms. If any hoses are showing signs of leakage or corrosion, they need to be replaced immediately. A corroded hose will ultimately burst, which has the potential to flood your home. Replacement flexi-hoses should be of a superior quality and have Australian Standard certification S 3499:2022. These hoses can be installed by a licensed plumber. 

2. Turn off your water while away from your home

A great way to ensure your home remains free of water damage while you are away, is to turn off the water supply at each wet area. Simply locate the stop taps under your sinks or hand basins and turn them off. This straightforward action eliminates the possibility of a water leak caused by an appliance while you’re on vacation. You can also turn off water supply at stop taps located on your plumbed refrigerators, water filters, and washing machines. 

3. Inspect your plumbing

Regular inspections by a licensed plumber to check the valves on your sinks, showers, and toilets, to ensure they are in good working order, can help identify potential issues. 

Plumbing supply systems are the number one cause of non-weather-related losses. That means your kitchen, bathrooms, and laundry room, and the pipes that connect them to the water supply, warrant a bit more attention. A qualified plumber can inspect your plumbing water lines and waste line for leaks, damage or corrosion. 

4. Check air conditioning units

A water leak from an air conditioner means you will need to address repairs and assess the water damage done to your home. A major air conditioner leak can affect everything from ceilings, walls, floorboards and can damage, walls, and induce mould growth.

Air conditioner leaks are often caused by dirty unit filters, cracked pipes, clogged condensate lines or broken condensate pumps. Investing in routine inspections to identify water leaks or changing your filter regularly to prevent the unit from overworking, can help prevent leaks before they start.  

If you do experience water damage, it is important to have the right insurance coverage that will cover your home and valuables sufficiently while giving you the support and resources to get back on your feet. 

Contact Warren Saunders Insurance Brokers at team@wsib.com.au or (02) 9587 3500 for your insurance solutions.

Source: Chubb 
Tips for protecting your home’s interior from water damage | Chubb

How does your cyber security match up?

One of the primary risk management issues currently being faced by many of our clients is cyber security particularly in respect of personally identifiable information (PII) and privacy. The legislative landscape around PII and privacy has been subject to rapid and significant reform in recent years. The last update to privacy legislation in 2022 significantly increased penalties for repeated or serious breaches of privacy legislation by companies.

The Enforcement Act (2022)

The most significant reform from the 2022 update was to the Enforcement Act and increased the maximum penalties applicable for serious or repeated breaches to the following:

Whichever is the greater of:

  • AU$50 million;
  • If the court can determine the value of the benefit that the body corporate, and any related body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the contravention—three times the value of that benefit; and
  • If the court cannot determine the value of that benefit—30% of the adjusted turnover of the body corporate during the breach turnover period for the contravention.

Proposed Privacy Act Reform (2024/5)

The proposed Privacy Act reform currently passing through Federal parliament will likely be passed later this year and enacted early 2025. This reform represents the most significant Privacy Act reform since the Act was passed in 1988. Some of the proposed reforms are outlined below.

  • Broadening the scope of personal information likely include technical (e.g. IP addresses) and inferred information.
  • Enhanced privacy protections for such employees can be implemented within the Privacy Act.
  • Introduction of a new ‘fair and reasonable in the circumstances test’ to the collection, use and disclosure of personal information.
  • Requirement that organisations determine and record the primary and secondary purposes for collecting, using and disclosing personal information.
  • A new direct right of action for individuals. Individuals (including a group) who have suffered loss or damage as a result of an interference of privacy would be allowed to directly claim against entities holding their information. This opens up potential class actions by groups who have had their privacy breached against the company that held their information.
  • Requirement to establish, disclose and periodically review retention periods for personal information.
  • 72-hour notification requirement in the event of an eligible data breach
  • Introduce a new ‘mid-tier penalties’ for interferences with privacy that are not otherwise serious, and a ‘low level’ penalties for specific administrative breaches.

Cyber & Privacy Outlook update

For a comprehensive review of current and upcoming legislation in the areas of Cyber and Privacy, we refer to the Albrecht Burrows 2024 Cyber and Privacy Outlook update for 2024. For Directors & Officers of an organisation, the most pertinent sections of the update are the “The Privacy Act”, “Director’s Duties and Cybersecurity” and “Third Party Liability for cyber and privacy”.

Tailored Assessment

If you are interested in understanding more about the risks associated with the handling of personal information and what these changes mean for your business, please contact our office on (02) 9587 3500 and we can help put you in a position which is informed and prepared for these upcoming changes.