Corporate liability for workplace deaths and injuries-reflecting on Victoria's laws in the light of the Esso Longford explosion

The purpose of this article is to consider some different legal models for the liability of corporations for the deaths and serious injuries of their employees, with particular emphasis on the law in Victoria.

Two recent developments in Victoria prompt this consideration. First, on 30 July 2001, the Victorian Supreme Court handed down its sentencing decision in the case arising from the explosion on 25 September 1998 at the Longford gas plant operated by Esso Australia Pty Ltd. The decision marked the end of the formal public consideration of a devastating event in Victorian industrial history, which began with the Royal Commission set up on 20 October 1998 to investigate the causes of an explosion in which two workers died and eight others were injured. Second, in early 2002, the Victorian Government failed in its attempt to introduce new criminal offences for corporate employers whose employees are killed or seriously injured at work. In spite of their failure to be passed by the Legislative Council in Victoria, these proposals warrant consideration. They represent a growing trend by policy makers in attempting to address more effectively the question of the liability for deaths and serious injuries of workers to employers who operate through the corporate form.

Critical injuries ; collaborative Indigenous life writing and the ethics of criticism

The publication of collaborative Indigenous life writing places both the text and its production under public scrutiny. The same is true for the criticism of life writing. For each, publication has consequences. Taking as its starting point the recent critical concern for harm occasioned in life writing, this
article argues that in the reading of collaborative Indigenous life writing, injury may eventuate from critical commentary itself. The critical work of G Thomas Couser and his concern for vulnerable subjects, whose life narratives reach published form through the efforts or with the assistance of another, has its
parallel in the critical attention given to collaboratively produced Indigenous life writing in Australia and Canada. In some cases, however, such analysis is generated without consultation with the Indigenous producers of collaborative texts. Criticism directing its arguments toward the conditions
of editorial constraint by which the Indigenous subject is enclosed or silenced has the ironic and surely unintended consequence of removing the Indigenous participants of collaboration from the field of critical engagement. With particular regard to the collaborative texts Ingelba and the Five Black Matriarchs and Stolen Life: the journey of a Cree woman, this article argues that literary criticism can benefit from the practice of consultation with the Indigenous subjects whose representations it comments upon.

Preparation and characterisation of new titanium based alloys for orthopaedic and dental applications

Various types of titanium alloys with high strength and low elastic modulus and, at the same time, vanadium and aluminium free have been developed as surgical biomaterials in recent years. Moreover, porous metals are promising hard tissue implants in orthopaedic and dentistry, where they mimic the porous structure and the low elastic modulus of natural bone. In the present study, new biocompatible Ti-based alloy foams with approximate relative densities of 0.4, in which Sn and Nb were added as alloying metals, were synthesised through powder metallurgy method.
The new alloys were prepared by mechanical alloying and subsequently sintered at high temperature using a vacuum furnace. The characteristics and the processability of the ball milled powders and the new porous titanium-based alloys were characterised by X-ray diffraction, optical
microscopy and scanning electron microscopy .The mechanical properties of the new titanium alloys were examined by Vickers microhardness measurements and compression testing.

Temporary agency workers and the contribution of workplace unfamiliarity to workplace injuries

International and Australian research agrees that temporary agency workers have a higher incidence of workplace injury, and those injuries are more severe. Much less research has been undertaken upon the cause of those injuries. This paper explores one factor contributing to their poorer occupational health and safety through an examination of the role of unfamiliarity with the hosts’ tasks and workplace. The paper commences with a review of the temporary agency employment literature relevant to placing workers in unfamiliar workplaces, and the OHS literature related to timing of injuries. Archival research on investigated workers’ compensation claims for a sample of agency workers and direct hire workers in Victoria is then analysed to assess the importance of unfamiliarity, and training undertaken to overcome that unfamiliarity, for these injured workers. The analysis includes an examination of the timing of the injury in relation to the workers’ placement with the host, and regression analysis on a range of characteristics related to newness at a host’s workplace. The findings confirm that agency workers are especially vulnerable to injury early in their placement, and insufficient attention is given to accommodating unfamiliarity to counter workers’ vulnerability in new workplaces.

Rural sports and recreational injuries in Australia: what do we know?

Objective: It is widely recognised that individuals residing in regional or rural areas have poorer health outcomes than those from metropolitan areas. Factors associated with these poorer health outcomes include geographical isolation, population declines, limited health care provision and higher levels of inactivity compared to urban areas. The mental, social and physical health of individuals and communities in rural areas can be improved through active participation in sport and recreation activities. Unfortunately, participation in such activities can potentially lead to injury. There is a suggestion that there is an increased risk of sports injuries in rural areas due to the lack of health professionals and coaching personnel, fewer available volunteers to organise and deliver sport, and the general attitude towards injuries in rural settings.

Results: There is very limited information about the number and types of injuries sustained during participation in sports activities in rural and regional settings. This is largely related to a lack of formal sporting structures and support mechanisms including research funding and trained personnel.

Conclusion: A range of factors need to be implemented to improve safety for sporting and recreational participants in these areas. These include improved monitoring of injury occurrence, stronger promotion of safety initiatives and wider implementation of education strategies.

The relationship between childhood injuries and family type

This article focuses on the relationship between childhood injuries and family type. Injury is the leading cause of death among children in Australia. While children in sole-parent families were over-represented among the 17 percent of children who sustained an injury in the Growing Up in Australia study, once socio-economic indicators were taken into account, the increased risk for injury for children in a sole-parent family was no longer apparent. The Draft National Injury Prevention Plan was developed by the Australian Government Department of Health and Aging to aid in efforts for the prevention of child injury.

Pathology of chronic achilles-tendon injuries in athletes

Overuse tendon conditions have traditionally been considered to result from an inflammatory process and were treated as such. Microscopic examination of abnormal Achilles-tendon tissues, however, reveals a non-inflammatory degenerative process. The histopathology found in surgical specimens in patients with chronic overuse Achilles tendinopathy and those with Achilles-tendon rupture are reviewed. Seminal studies suggest that so-called tendinitis is a rare condition that might occur occasionally in the Achilles tendon in association with a primary tendinosis. These data have clinical implications and require a review of the traditional classification of pathologies seen in tendon conditions, The authors recommend that nomenclature be based on histopathological findings rather than traditional hypothesis.

Computer aided analysis of dental radiographic images

This paper is a result of a fruitful cooperation between the computer science and the dental diagnosis experiences. The study presents a new approach of applying computer algorithms to radiographic images of dental implantation used for bone regeneration. We focus here only on the contribution of the computer assistance to the clinical research as the periodontal therapy is beyond the scope of this paper. The proposed system is based on a pattern recognition approach, directed to recognize density changes in the intra-bony affected areas of patients. It comprises different modules with new algorithms specially designed to treat the patients’ radiographic images more accurately. The system includes digitizing, detecting the complicated region of interest (ROI), defining reference area to correct any projection discrepancy of the follow up images, and finally to extract the distinguishing features of the ROI as a basis for determining the rate of new bone density accumulation. This study is applied to two typical dental cases for a patient who received two different operations. The results are very encouraging and more accurate than traditional techniques reported before.

Wait no more : the use of private dental services by welfare recipients in Australia

Dental services in Australia are available both privately and publicly. However, access to public dental services, like access to public hospital services for non-urgent treatment, is subject to a considerable waiting period. Moreover, access to public dental services is restricted to certain categories of welfare beneficiaries who qualify for a health care card. Because of the waiting time for public treatment, there is a frequent call for more public dental resources. This paper addresses the issue of what the waiting time for public dental services represents. One view largely confirmed by our research is that state governments are using the waiting time as a way of trying to push more and more people into the private sector. We find that more and more health care card holders are using the
private sector for dental services.

Australian dental policy reform and the use of dental therapists and hygienists

Oral diseases including dental caries and periodontal disease are among the most prevalent and costly diseases in Australia today. Around 5.4% of Australia’s health dollar is spent on dental services totalling around $2.6 billion, 84% of which are delivered through the private sector (AIHW 2001). The other 16% is spent providing public sector services in varied and inadequate ways. While disease rates among school children have declined significantly in the past 20 years the gains made among children are not flowing on to adult dentitions and our aging population will place increasing demands on an inadequate system into the future (AHMAC 2001). Around 50% of adults do not received regular care and this has implications for widening health inequalities as the greatest burden falls on lower income groups (AIHW DSRU 2001). The National Competition Policy agenda has initiated, Australia-wide, reviews of dental legislation applying to delivery of services by dentists, dental specialists, dental therapists and hygienists and dental technicians and prosthetists. The review of the Victorian Dentists Act 1972, was completed first in 1999, followed by the other Australian states with Queensland, the ACT and the Northern Territory still developing legislation. One of the objectives of the new Victorian Act is to ‘…promote access to dental care’. This study has grown out of the need to know more about how dental therapists and hygienists might be utilised to achieve this and the legislative frameworks that could enable such roles. This study used qualitative methods to explore dental health policy making associated with strategies that may increase access to dental care using dental therapists and hygienists. The study used a multiple case study design to critically examine the dental policy development process around the Review of the Dentists Act 1972 in Victoria; to assess legislative and regulatory dental policy reforms in other states in Australia and to conduct a comparative analysis of dental health policy as it relates to dental auxiliary practice internationally. Data collection has involved (I) semi-structured interviews with key participants and stakeholders in the policy development processes in Victoria, interstate and overseas, and (ii) analysis of documentary data sources. The study has taken a grounded theory approach whereby theoretical issues that emerged from the Victorian case study were further developed and challenged in the subsequent interstate and international case studies. A component of this study has required the development of indicators in regulatory models for dental hygienists and therapists that will increase access to dental care for the community. These indicators have been used to analyse regulation reform and the likely impacts in each setting. Despite evidence of need, evidence of the effectiveness and efficiency of dental therapists and hygienists, and the National Competition Policy agenda of increasing efficiency, the legislation reviews have mostly produces only minor changes. Results show that almost all Australian states have regulated dental therapists and hygienists in more prescriptive ways than they do dentists. The study has found that dental policy making is still dominated by the views of private practice dentists under elitist models that largely protect dentist authority, autonomy and sovereignty. The influence of dentist professional dominance has meant that governments have been reluctant to make sweeping changes. The study has demonstrated alternative models of regulation for dental therapists and hygienists, which would allow wider utilisation of their skills, more effective use of public sector funding, increased access to services and a grater focus on preventive care. In the light of theses outcomes, there is a need to continue to advocate for changes that will increase the public health focus of oral health care.

Descriptive epidemiology of Australian football injuries presenting to sports medicine clinics

Sports injury prevention has been the focus of a number of recent public health initiatives due to the acknowledgement that sports injuries are a significant public health problem in Australia Whilst Australian football is one of the most popular participation sports in the country, only very limited data is available about football injuries The majority of sports injury data available for this sport is from hospital emergency departments and elite-level injury surveillance Overall there is a paucity of data from treatment settings other than hospitals In particular, there is a lack of information about the injuries sustained by community-level, junior and recreational Australian football participants. One good potential source of football injury data is sports medicine clinics. Analysis of injury presentations to sports medicine clinics was undertaken to provide a detailed description of the epidemiology of Australian football injuries that present to this treatment setting and to determine the implications for injury prevention in this sport. In addition, the data from sports medicine clinics was compared with existing sources of Australian football injury data to determine how representative sports medicine clinic data is of other football injury data sources and to provide recommendations for future injury surveillance n Australian football. The results contained in this thesis show that Australian football is the sport most associated with injury presentation at sports medicine clinics. The majority of injured Australian football players presenting to sports medicine clinics are community-level or junior participants which suggests that sports medicine clinics are a good source of information on the injuries sustained by sub-elite football participants. Competition is the most common context in which Australian football players presenting to sports medicine clinics are injured. The major causes of injuries to Australian football players are being struck by another player, collisions and overuse. Injuries to Australian football players predominantly involve the lower limb. Adult players, players who stopped participating immediately after noticing their injury and players with overuse injuries are the most likely to sustain a more severe injury (i.e. more than four weeks before a full return to football participation and a moderate/significant amount of treatment expected). The least experienced players (five or less years of participation) are more likely to require a significant amount of treatment than the more experienced players. The prevention of lower limb injuries, injuries caused by body contact and injuries caused by overuse should be a priority for injury prevention research in Australian football due to the predominance of these injury types in the pattern of Australian football injuries Additionally, adult players, as a group, should be a focus of injury prevention activities in Australian football due to the association between age and injury severity. Overall, the pattern of Australian football injuries presenting to sports medicine clinics appears to be different than reported by club-based and hospital emergency department injury surveillance activities. However, detailed comparison of sports medicine clinic Australian football data with other sources of Australian football injury data is difficult due to the variable methods of collecting and reporting injury information used by hospital emergency department and club-based injury surveillance activities. The development of a standardised method for collecting and reporting injury data in Australian football is strongly recommended to overcome the existing limitations of data collection in this sport. In summary, sports medicine clinics provide a rich source of Australian football injury data, especially from the community and junior levels of participation. The inclusion of sports medicine clinic data provides a broader epidemiological picture of Australian football injuries. This broader understanding of the pattern of Australian football injuries provides a better basis for the development of injury prevention measures in this sport.