Category: contractor

Forklift incidents continue

One of the the most hazardous pieces of equipment in modern workplaces is the forklift.  Sadly it is also one of the most useful.  A recent prosecution in Western Australia provides an example of many of the serious risks in using forklifts:

  • untrained or undertrained drivers
  • unsafe decisions by employers
  • the safety role of seatbelts
  • labour hire management and staff supervision
  • driving with forks elevated
  • training certification.

Other related issues are the employment of

  • transient labour, and
  • young workers.

According to a WorkSafe WA media release, the basic facts of the incident are

“Flexi Staff supplied two casual labourers to the Beds Plus warehouse in Kewdale in February, 2008. The two men were British citizens on a working holiday in Australia. [links added]

It was not part of their labouring job to operate forklifts, and neither had any experience or qualifications or High Risk Work licences. Continue reading “Forklift incidents continue”

Quad bike fatality costs over $80k in penalties

A Western Australian company has been fined $A50,000 over the death of one of its workers in November 2008  The worker rode a quad bike into a wire gate and died.  The recent WorkSafe WA media release focuses, understandably on the fine imposed in the Perth Magistrates’ Court on Jenara P/L but a clearer picture of the incident is available from an earlier WorkSafe report into the incident.  The accused, in this instance, was Seatown Holdings, a labour hire firm who was fined $A30,000 :

“The accused was a labour hire company which employed a worker for remuneration and arranged for said worker to work for Jenara Pty Ltd who was one of its clients.

The client ran a grain growing farm near Miling.

During the afternoon on Sunday 16 November 2008 the worker was working alone and riding an All Terrain Vehicle (ATV) on a road on the client’s farm when he rode into a wire gate known as a ‘cockies gate’. Continue reading “Quad bike fatality costs over $80k in penalties”

WorkSafe prosecutes Dept of Corrective Services and G4S

In June 2010 WorkSafe WA began investigating the 2008 death from heat stroke of 46-year-old aboriginal elder Mr Ward.  According to one media report :

“A broken air conditioner forced Mr Ward to endure temperatures above 50 degrees during the non-stop, four-hour journey to face a drink-driving charge in court.”

The same article noted that in June 2010 the Director of Public Prosecutions Joe McGrath announced that no charges would be laid against two security guards over the 46-year-old’s death.

On 19 January 2011, WorkSafe announced that it

“… will prosecute the State of Western Australia (Department of Corrective Services), government contractor G4S Custodial Services Pty Ltd (formerly GSL Custodial Services Pty Ltd) and the two drivers involved in the death of Mr Ward in January 2008.”

WorkSafe notes in its media release that

“A Coronial Inquest was completed in May 2009, with the State Coroner Alastair Hope concluding that all four parties [listed in the above quote] contributed to the death.” Continue reading “WorkSafe prosecutes Dept of Corrective Services and G4S”

OHS in procurement guideline should be the start and not the end

The Chris Maxwell Report into OHS in Victoria is of historical interest now but one concept in particular from the report continues to echo in OHS and Government circles – government departments and authorities as exemplars of workplace safety.

The latest echo of this concept appeared in a WorkSafe Week seminar in Melbourne on 25 October 2010.  The seminar was to discuss the integration of OHS requirements in the procurement of construction services by government.

Maxwell said that

“…the Government as a whole can promote compliance, by being an exemplar of OHS best practice.  The public sector is a very large employer in Victoria and it should lead the way in OHS.”

and that

“…influence can be exerted by governments on dutyholders by making improved OHS performance a condition of eligibility for them to participate in government contract/tender processes.’

Maxwell’s statement came from the application of the parental question about leading by example, role model, “walking the walk”.  How can one expect contractors to operate safely if the client does not?  How can a parent expect good behaviour from children if good behaviour is not shown by the parent?

That government-as-OHS-exemplar continues to be discussed illustrates that the Maxwell statement must have had a considerable sting for government departments in Victoria. Continue reading “OHS in procurement guideline should be the start and not the end”

Company pleads guilty over insulation installer death

In June 2010, Arrow Property Maintenance Pty Ltd was charged with failing to conduct its business or undertaking in a way that was electrically safe, after, accoridng to one media report:

“[A] 16-year-old boy was electrocuted while installing fibreglass insulation in the ceiling of a home at Stanwell, west of Rockhampton, on November 18, 2009.”

On 14 September 2010, Queensland Industrial Magistrate John McGrath heard the company plead guilty.   Continue reading “Company pleads guilty over insulation installer death”

Are OHS inductions sound?

Mostly no.

Over the years I have experienced site safety inductions that have involved sitting in front of a television and video player in a shed and then telling the safety manager I watched the induction video and understood it.

I have sat in a site shed with a dozen others and endured an induction of scores of PowerPoint presentations and a questionnaire that was, almost, workshopped and did not represent any understanding of the work site’s OHS obligations.

There have been long inductions where there is a lot of information but no handbooks to take away or to refer to later.

There have been OHS inductions that have involved no more than  “there are the toilets, the tea room is over there and there’s a fire extinguisher here somewhere”.

Bad induction is an unforgiveable flaw in a company’s safety management system and clearly indicates a careless attitude of companies towards their employees’ and contractors’ safety.  The significance of induction should not be underestimated because it has two purposes – to establish a common state of knowledge of all workers on a site before one starts work and to have a reference point for investigations of any incidents. Continue reading “Are OHS inductions sound?”

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”

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