Government department fined $285k over prison van death

In January 2011 WorkSafe indicated its intention to prosecute the Department of Corrective Services and others in relation to death of Mr Ward.  A $A285,000 penalty was imposed on 7 July 2011.

SafetyAtWorkBlog reported on the WorkSafe actions at the time but an excellent clearinghouse for information on this case is the  website of the Australian Broadcasting Corporation’s Four Corners program which examined the 2008 death of  Mr Ward in Western Australia.

The Four Corners website has a considerable amount of background information on the case, including the coroner’s findings, which some readers may find confronting and, as the ABC says “This report contains images of the deceased which may disturb Aboriginal viewers”.

Mr Ward was being transported to Perth in the rear of a prison transport vehicle following a traffic offence.  The vehicle’s air-conditioning system was not operating, the temperature within the rear of the vehicle increased so much in the Western Australian heat that, according to one commentator, Mr Ward was “cooked”.  When Mr Ward’s body was being removed from the prison van at the hospital “the air from the van was “…like a blast from a furnace”” according to one witness.  The coroner found that  “no effective air-conditioning was being supplied to the rear pod of the vehicle.”

There are many management issues involved with this unnecessary death but some will be familiar.   Continue reading “Government department fined $285k over prison van death”

Safety Institute expulsion raises questions about fairness

John Lambert has been expelled from the Safety Institute of Australia (SIA).  This is a fact that the SafetyAtWorkBlog would not usually report on due to privacy concerns but Lambert has already brought his expulsion to the attention of his occupational health and safety colleagues through various online discussion forums and has agreed to answer the questions below.

A quick background to his expulsion is that there was considerable debate in some sections of the Safety Institute of Australia about disciplinary action being taken against a Victorian Committee Member, Phillip Kamay.  Many members, including John Lambert, saw an injustice and expressed opinions and advice, often, in email and on SIA discussion forums.  It appears that Lambert overstepped the boundaries of criticism in some correspondence and complaints were lodged with the SIA

The National President of the Safety Institute of Australia, Sue Pilkington, has repeatedly promised answers to five questions about John Lambert’s expulsion for almost two weeks.  No answers have yet been received but will be incorporated into this blog posts, if, and when, received.

Lambert answered some questions from us pertaining to his expulsion.  Below is a slightly edited version of his response: Continue reading “Safety Institute expulsion raises questions about fairness”

Conservative media begins to examine new OHS laws

Workplace health and safety made the front cover of the Australian Financial Review on 1 July 2011 (once the liftoff financial special cover was thrown away).  When this happens there is a serious issue to be dealt with or it is a beat-up.  Today’s article entitled “Danger: work safety laws just got stricter” (not accessible online) is a bit of both.

Reporters Fiona Carruthers and John Stensholt reference several cases that should have generated considerable debate in the OHS fraternity.  The first is the case where Clean Seas was fined $A27,000 after not preventing an alcohol-affected diver from entering the water where he blacks out and requires hospitalisation.  Curiously they also discuss, in a textbox, fines handed out to RailCorp and Esso, events that occurred in 2003 and 1998 respectively.

Perhaps not surprisingly a financial newspaper focuses on the financial penalties of OHS breaches, injuries and deaths but the timing of the article is also curious as the law changes, stemming from the OHS harmonisation process, have been scheduled for some time and do not come into effect across Australia until 1 January 2012. Continue reading “Conservative media begins to examine new OHS laws”

Managers being closer

The following are some of the processes supposedly used in workplaces to control/eliminate hazards:   hazard identification, risk assessment and risk management.  These should address the implicit questions of: ‘What?’, ‘How bad?’ and ‘What to do?’

The language then turns to words and concepts like ‘OHS culture’, ‘behaviour-based safety’… and all within some over-arching package referred to as an ‘OHS management system’.  These are shown in the diagram below.

But that’s one representation, there are many others.  Now ask some simple questions:  Given that some 80% of workers work in small to medium workplaces, just how much interest will there be from managers in these approaches?

The single most obvious change I’ve seen in OHS in the last 20 years has been the dramatic increase in the amount and volume of talking about it.  It’s clearly not the only change, but the most wide-spread and obvious one. Continue reading “Managers being closer”

Directors Sentiment Index mentions OHS but……

The survey results of the inaugural Directors Sentiment Index have been around for several months but recent breakfasts discussing the findings have generated renewed media interest.

The survey provides a useful profile of how directors see their role and lists forecasts of trends but in none of the recent media reports does workplace health and safety receive attention although it is mentioned in the survey results.

The survey, conducted for the Australian Institute of Company Directors (AICD), lists occupational health and safety (OHS) as one of the components of what is described as Environmental, Social and Governance (ESG) issues (page 64).

(Curiously “Work Health & Safety” continues to be abbreviated to OH&S showing the persistence of OHS).

The chart shows that 54% of respondents believe that the importance of OHS issues will increase a little.  This can be interpreted in many ways – directors do not know what they are talking about,  the OHS profession has a bloated sense of its own importance, a survey over time may provide a better reflection of perception or that the work of Safe Work Australia on OHS and corporate governance is not gaining traction on the agendas at board meetings. Continue reading “Directors Sentiment Index mentions OHS but……”

Farming federation calls for mandatory fitting of safety devices to quadbikes

On 12 June 2010, SafetyAtWorkBlog noted the spokesperson for the National Farmers Federation, Duncan Fraser, supporting the voluntary fitting of roll protection devices to quadbikes in specific circumstances.  On 20 June 2011, the New South Wales Farmers Federation’s Industrial Relations Committee Chair Graham Morphett has spoken in favour of  “the mandatory fitting of roll bars” to quad bikes.

This is an extraordinary blow to the quad bike manufacturers who are set against rollover protection structures (ROPS) or crush protection devices (CPDs) for quad bikes.

Morphett’s comments deserve a little more analysis.

“Quad bikes can be extremely unstable on uneven farm terrain. Manufacturers have a responsibility to improve the design of the vehicles to ensure their safety.  No quad bike should be sold without a roll over bar,” he said

SafetyAtWorkBlog has criticised manufacturers for not developing new designs that counter, what some research has described as the propensity to rollover.  Morphett echoes this position.

Perhaps more significantly Morphett believes that  new quadbikes Continue reading “Farming federation calls for mandatory fitting of safety devices to quadbikes”

France Telecome’s CSR report is telling but sets high expectations

In 2009, France Telecom’s management practices came to global attention as a result of a spate of over 20 suicides that were identified as work-related.  On 6 June 2011, France Telecom released its Corporate Responsibility Report that covers the period of the management turmoil touched upon in earlier SafetyAtWorkBlog articles.

The document is an impressive document that sets an enormously high benchmark on a range of corporate and personnel issues but one will find no mention of suicides.  The best indication that this was a company in crisis is the level of inquiries, reviews, audits and workplace safety control measures that have been implemented over the last two years.  It is also important to remember that the control measures are designed to bring about a cultural and organisational change to this corporation and that this will take a considerable time.  The struggle can be best, and most tragically, illustrated by the April 2011 self-immolation of a France Telecom employee in the company carpark in Merignac.

By acknowledging that this report has come from a company in crisis it is possible to identify some useful OHS, human resource and organisational cultural initiatives that may be applied in other large corporations around the world. Continue reading “France Telecome’s CSR report is telling but sets high expectations”

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