Dave Robertson of Quadbar.com has provided this article on a recent finding and recommendations of a New Zealand Coroner.
A New Zealand coroner, Brandt Shortland, recently handed down his findings on five farm-based quad bike deaths (Mendoza, McInnes, Ferguson, Cornelius and Van Der Pasch) that happened within six weeks of each other. Australian agricultural newspaper The Weekly Times reported,
“Mr Shortland [Coroner], who was a keynote speaker at a Farmsafe Australia symposium in Canberra last week, said all five deaths would have been prevented if the vehicles had Crush Protection Devices (CPD) installed”
In Coroner Shortland’s findings he found that quad bikes are best described as “error intolerant” and in the quad bike manufacturers’ view “a quad bike require a rider to make good decisions”. One NZ media report reports the Coroner as advocating continuing rider training but that
“… training and education cannot teach common sense or good judgement.”
Shortland supports the wearing of helmets while riding quad bikes and a taskforce review into roll-over protection structures (ROPS) which increases the significance of the current Australian review. The Coroner acknowledged the tension between safety advocates and quad bike manufacturers describing it as a “Mexican standoff”. More…
The Australian Capital Territory (ACT) has named Chief Magistrate Lorraine Walker as its first industrial magistrate. The establishment of an industrial court in the ACT stems from the government accepting the recommendations of the Getting Home Safely report which in turn was a response to a spike in workplace fatalities in 2012.
Walker is unknown outside of the ACT but the best introduction to her is probably through a long interview she gave in February 2012 to ABC radio in Canberra. Occupational health and safety specifically was not on Walker’s radar at the time of the interview but it may be useful to note her comments on sentencing and how this should reflect, or consider, community expectations. Walker also discusses the importance of the preventive and educative role that penalties can have. How this perspective applies under the recent Work Health and Safety laws will be worth watching.
Occupational health and safety (OHS) eyebrows were raised in Australia recently as a State Government suspended the application of three construction-related codes of practice, principally, on the basis that compliance will cost too much. The decision by South Australia’s Minister for Industrial Relations, John Rau, following a report by the Small Business Commissioner, Mike Sinkunas, illustrates several issues:
- the SA government is overly influenced by the Housing Industry Association (HIA),
- small business is being misinformed on how workplace safety works,
- the application of “reasonably practicable” has been ignored, and
- the unions and safety profession do not know how to respond.
Prior to the 2013 election, the Australian media, particular the News Limited newspapers, went to town on the previous (Labor) government over its handling of the National Broadband Network (NBN) strategy. The media sniffed a political vulnerability as it had in the Home Insulation Program and other economic stimulus packages, such as the Building the Education Revolution, even though the economic program is seen by some as a very successful strategy.
The NBN has several OHS contexts but asbestos is the most prominent. NBN needed to install its fibre-optic cables through the established and old infrastructure of a major competitor and partially government-owned telecommunication company, Telstra. Many of Telstra’s old pits were constructed using asbestos.
On 5 November 2013 The Australian newspaper published its latest article on NBN and asbestos but the content of its own article shows how much hyperbole the newspaper has employed in this long campaign and that NBN Co seems to be managing its asbestos safety well. More…
Official statistics on workplace bullying in Australia are notoriously unreliable. The Productivity Commission estimated the cost of workplace bullying with a huge margin of variation, between A$6 billion and A$36 billion annually. WorkSafe Victoria has indicated in the past that the number of interventions on workplace bullying is way below the number of workplace bullying complaints. On 29 October 2103, in a long discussion on workplace bullying the Australian Capital Territory’s Chief Minister, Katy Gallagher stated:
“According to reports from the Commissioner for Public Administration, reports of bullying and harassment have totalled 68 cases in 2010-11, 71 in 2011-12, and 118 cases in the financial year that has just passed, 2012-13. Proven cases of bullying have numbered four, eight 11 and 19 respectively. This amounts to complaints being made by 0.5 per cent of staff, and substantiated in relation to 0.08 per cent of staff.” (Hansard, page P3930, emphasis added)
These latest statistics, in conjunction with those previously reported, indicate that the perception of workplace bullying is much higher than the reality in Australia. More…
Many years ago the Construction Forestry Mining and Energy Union (CFMEU) won a WorkSafe Victoria award for a colouring in book. From memory the book depicted construction work so that children could understand what their parents do while the kids are at school. Since that time many companies have produced safety calendars from children’s drawings and train companies have created safety jingles and animated videos about decapitation. On 28 October WorkSafeACT launched a comic book about Hazardman.
Dr Rob Long rips the campaign to shreds in a blog article,concluding with
“It is amazing that the Regulator can impose this indoctrination campaign on the school system and now we learn that Safe Work Australia is going to roll it out throughout Australia. Fantastic, what a wonderful way to prepare our children and inoculate them against the realities of risk.” More…
As part of annual safety week activities, South Australia’s Minister for Industrial Relations, John Rau, launched a workplace fatalities counter (on the right of the webpage). Rau said in a media release that
“As Safe Work Week begins in South Australia, we are reminded of the nine workers who have not returned home from work this year….. In a similar way to the reporting of the road toll, providing this information is a reminder to us all that we must make every effort to ensure this number does not rise.”
The comparison with the road toll is an admirable aim and one that some have advocated for but there are other potential metrics that may have had more impact. More…
There is a constant tension between occupational health and safety (OHS) and workers compensation. OHS is intended to prevent harm and workers compensation is available for when harm cannot be, or has not been, prevented. In Australia, these two elements of safety are administered by different organisations under different legislation but it is a distinction that baffles many. The recent discussion about a sex-related workers compensation claim illustrates this bafflement to some degree.
This time last year Comcare filed an appeal over a Federal Court decision regarding
“A Commonwealth employee is seeking workers’ compensation for injuries sustained after a light fitting was pulled from the wall of a motel during sex, on a business trip.”
(A good summary of most of the legal proceedings is provided by Herbert Geer.)
The case has received wide media attention mostly for the salacious matter of the case, and some political attention, but the purpose of the appeal, according to Comcare, was
“… to seek a High Court ruling on the boundaries between private More…
The investigation into workplace deaths associated with Australia’s Home Insulation Program (HIP) was refreshed yesterday with the publication of some of the terms of reference for a new Government inquiry into the program. The HIP deaths is an enormously politically charged issue in Australia and the politics, and associated media attention, could derail an inquiry that has the potential to provide important occupational health and safety, risk management and governance issues.
Greg Hunt, Environment Minister is quoted as saying that
“The Government is committed to a full inquiry into Kevin Rudd’s home insulation scheme that was linked to the tragic loss of four young lives,….”
According to the Courier-Mail newspaper on 27 October 2013 there will be ten elements in the terms of reference but only four are mentioned:
- The process and basis of government decisions while establishing the program, including risk assessment and risk management;
- Whether the death of the four men could have been avoided;
- What if any advice or undertakings given by the government to the industry were inaccurate or deficient, and;
- What steps the government should have taken to avoid the tragedies.
These four seem reasonable aims but this information has been leaked, the full terms of reference have not been released and a person to head the inquiry is yet to be announced.
Today the Victorian Coroner has released the findings into the 2007 Kerang rail disaster and other level crossing fatalities. SafetyAtWorkBlog has written about issues related to level crossings those articles may help when reading the many media articles that the inquest findings will generate.
Already family members of the Kerang victims have expressed their dissatisfaction with the findings. More…