Category: contractor

The contract for building safe trains is a “dud” according to CEO

The Australian business newspapers and websites are all reporting on the  “dud” contract that Downer EDI has been saddled with over the construction of 78 eight-car trains for New South Wales’ RailCorp.  Market analysts say that company has lost $A1.7 billion in value this year.

CEO Geoff Knox, a man in genuine risk of becoming unemployed, is quoted as saying:

“We do seem to be able to build trains successfully and make good money on other states in this country, but in this state we seem to not do well and others seem to not do well…”

Others can discuss the financial problems of Downer EDI but Knox seems to only look at the contract rather than the reasons behind the “time consuming” design requirements of the contract – The Waterfall rail disaster of January 2003, the commission of inquiry’s reports and the government’s promises.

Continue reading “The contract for building safe trains is a “dud” according to CEO”

Case study of existing hazards in the new legislative context

Last month Joe Catanzariti of the Australian law firm, Clayton Utz, wrote a short article that links two OHS issues in a manner that others should follow.

Catanzariti made the jump from a prosecution under current New South Wales OHS legislation (according to many the most draconian in Australia) to identify how such a decision would be made under the harmonise OHS law system through the Work, Health and Safety Act.  The perspective needs to be applied more as it assists greatly in transitioning our understanding of “old” law to the new. Continue reading “Case study of existing hazards in the new legislative context”

Treatment of workers from Transocean oil rig

More information is coming to light about the treatment of survivors of the explosion on the Transocean oil rig.  According to an article (and podcast) on National Public Radio on 6 May 2010, company lawyers for Transocean had survivors sign waivers within hours of the disaster.

The article says:

“The form that they made them sign had, ‘I was here when it happened, I didn’t see anything.’ Or ‘I saw this and I was or was not hurt,’ ” says Steven Gordon, a Houston attorney who represents some of the survivors…. Continue reading “Treatment of workers from Transocean oil rig”

Union view of OHS harmonisation and data on the social cost of workplace safety

The national OHS Officer of the Australian Manufacturing Workers Union, Deborah Vallance, provided her perspective on the tweaking of Australia’s OHS laws to the StickTogether radio program on 25 April 2010.  (The interview is at the 16 minute mark in the podcast)

Vallance says that the complexity and overlap of laws is often overstated but that there are benefits for licencing systems related to workplaces.  She casts doubt on the significance of the reforms leading to a “seamless economy” regularly spruiked by government ministers. Continue reading “Union view of OHS harmonisation and data on the social cost of workplace safety”

Mining company trial set over cyclone deaths

Further to the SafetyAtWorkBlog article about the prosecution of Fortescue Metals Group, The Australian newspaper reports on 28 April 2010 that the trial will start tomorrow.

The article states that

“Lawyers for the Department of Commerce — prosecuting the case through WorkSafe — successfully argued the site was not a mine and was instead a camp for workers constructing a railway to transport iron ore.”

The company was arguing that the site was a mining support site and that its contractors were responsible.

Interestingly the Magistrate, Joe Randazzo, wants a definition of “safe refuge”.  This may lead to a reconsideration of the use of dongas, or temporary accommodation units, in areas of extreme weather conditions.  There is the potential for safety improvements from this case and not just  a punishment.

Kevin Jones

Exploding restaurant kettle risks

WorkSafeBC is a regular provider of useful safety videos.  In mid-April 2010 the regulator released a latest video that reports on an exploding soup kettle in a restaurant that injured several workers with steel shrapnel and steam.

Safety prevention videos are costly to produce properly and WorkSafeBC has followed a process that is informative and simple but providing a slide show with an audio commentary.  This is a technique that makes use of the many incident photos that OHS investigators take without compromising the investigation and still offering a much more attractive and appealing safety alert.  It is a technique that other OHS regulators should consider.

Kevin Jones

If safety culture begins at the top, what message is the Australian Government sending on insulation installer deaths?

If safety culture is set and developed by leaders, what does it mean when a Prime Minister launches a scheme that places the creation of jobs over the need for worker safety?

Two days before International Workers’ Memorial Day, the Australian Broadcasting Corporation’s Four Corners program analyses the failed insulation scheme initiated by the Australian Government in 2009.

According to the Four Corners website:

“Four Corners takes a forensic look at a chain of events that began with so many good intentions but ended in death and political humiliation. What exactly were the warnings given to the Department of Environment and the Minister Peter Garrett? Why did senior officials inside the Department reject safety concerns, preferring to play up the job creation aspects of the program?”

An audio preview of the Four Corners is available online.  In that interview a whistleblower from the Department of the Environment states that

“..we were told that safety was of less importance than job creation.” Continue reading “If safety culture begins at the top, what message is the Australian Government sending on insulation installer deaths?”

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