Category: business

More OHS charges laid over insulation installer deaths

The OHS investigation process into the deaths of installers of insulation in Australia has led to charges being laid against Arrow Property Maintenance Pty Ltd.

On 28 June 2010, Queensland’s Department of Justice and Attorney-General has charged the company with breaches of both the  Electrical Safety Act 2002 and the Workplace Health and Safety Act 1995 following an extensive investigation into the fatal electrocution of a 16-year-old teenage insulation installer in Stanwell in 2009.

The charges relate to unsafe electrical work and unsafely working at height during the installation of fibreglass insulation.

Interestingly the Department has also mentioned in its media release (not yet available online) a separate prosecution under the Electrical Safety Act 2002 that is strengthened by it also being an

“… alleged breach of a Ministerial Notice issued on 1 November 2009 Continue reading “More OHS charges laid over insulation installer deaths”

Explosive impacts from the Quin Investments prosecution still to be felt

The Quin Investment prosecution in South Australia is a good indication of the importance of workplace safety and equipment maintenance.

On 24 June 2010, Quin Investments and one of its directors Nikolai Kuzub were found guilty of breaches of OHS law in South Australia by Industrial Magistrate Ardlie.  The incident involved an explosion at an explosives factory in May 2006 that killed three workers, injured two others and flattened the factory.  Pieces of equipment were located over 600 metres away, houses a kilometre away were damaged and the explosion was heard 40 kilometres away according to one media report.

Grant Germein, the lawyer representing Quin Investments, has asserted a conspiracy from, at least, the start of the court case:

“He said the company was being used as a scapegoat and SafeWork SA’s investigation into the incident was “not directed at the cause of the explosion”, but to “see if they could find a culprit”. Continue reading “Explosive impacts from the Quin Investments prosecution still to be felt”

When information supply is NOT consultation

In Australia there is a purposely created commonality between the developing OHS law and industrial relations law on certain issues.  Consultation is one of those matters and, although a decision by the Federal Court of Australia on 11 June 2010 relates to the Fair Work Act, safety professionals and business owners should take note.

On 22 June 2010, Justice John Logan fined Queensland Rail $A660,000 for not consulting its workforce on the company’s privatization plan which would have affected employees’ jobs. (An ABC podcast of the matter is available online)  One media report paraphrased Justice Logan:

“[he]told the court that workers were never given the opportunity to discuss if they would be moved into the new private business, how the privatisation would occur, or if they wanted privatisation in the first place.”

The most pertinent comments from 11 June 2010 judgement by Justice Logan are also quoted in various media reports:

“This change so radical, a breach so comprehensive, the occasion for consultation so obvious that anything less than maximum penalties would not do justice to the case and the need to ensure public confidence in the adherence to industrial relations bargains.”

The Australian quotes Justice Logan as saying

“Benign dictatorship is not to be equated with consultation…” Continue reading “When information supply is NOT consultation”

Freelance writing services

The SafetyAtWorkBlog is establishing its presence as an important independent media service about safety issues.  There were 18,000 readers in May 2010, the same month the 1,000th article was uploaded.  But all of this is self-funded from ancillary consulting and writing work generated through the blog and more funding is required.

So if you have need for professional writing, editing or publishing services contact the Editor, Kevin Jones on 61 (0)3 9018 5401 or by email.

New Zealand farm advocates talk briefly on quad bike safety

New Zealand’s Accident Compensation Corporation (ACC) has released some statistics on quad bike incidents in support of its attendance at field days in mid-June 2010 and the release of three new agricultural safety publications.  The media release quotes research from the Otago University.

“Three farmers or agricultural workers died and nearly 300 were injured in quad bike accidents on farms last year, according to ACC claims figures.

Recent research from Otago University forecast that in any given year farm workers will lose control of quad bikes on approximately 12,645 occasions, resulting in about 1400 injuries.  Not all of these will be registered as workplace injury claims with ACC.”

The risk of jumping to conclusions from these statistics is that the ACC is not only concerned with workplace incidents and hence the conditional sentence at the end of the quote. Continue reading “New Zealand farm advocates talk briefly on quad bike safety”

The Bhopal disaster should be remembered when considering what comes after the BP oil spill

As the BP/Gulf of Mexico oil spill dominates the American media, the rest of world has been noting a closure, of sorts, on the Bhopal disaster of 1984.  Seven former Union Carbide executives have been sentenced to 2 years jail each over the disaster.  The CEO, Warren Anderson, showed an appalling lack corporate leadership by leaving India and not facing the charges laid against him in India.

The disaster exposed half a million people to methyl isocyanate, killed almost 4,000 people, and changed the lives of millions.  These changes continue today with birth defects, health problems and contaminated land.

Some media have noted a similarity in corporate responses to initial investigations and inquiries but there are more important lessons involving safety, corporate responsibility and social policy from the Bhopal legacy that should resonate with those American communities affected by the Gulf of Mexico spill.  The mishandling of the aftermath of the Bhopal disaster has exacerbated the horror of that day which can accurately but heartlessly be described as a “process safety failure”.

These issues are tellingly described and reported in a highly-recommended series of radio programs produced by Radio Netherlands and broadcast on 19 June 2010.

Kevin Jones

Prominent OHS regulator addresses ASSE conference

The Gulf of Mexico disaster has dominated American media but in mid-June 2010, the Assistant Secretary of Labor for Occupational Safety and Health, David Michaels, spoke to the national conference of the American Society of Safety Engineers.  The full video of Michaels address is available online at http://vimeo.com/12591365 (Other safety associations should take note of this conference openness)

In his speech, Michaels talks about the poor application of safety incentives as well as a range of other related issues.

SafetyAtWorkBlog will include more reports on this conference later in the week.

Kevin Jones

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