Duty of Care – Page 80 – SafetyAtWorkBlog

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”

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”

Success from enlightenment not compliance

An article in the InDaily online newspaper for 4 April 2011 provides several safety management issues that are worth pondering. (Thanks to the readers who brought the article to my attention)

Keith Brown was the CEO of South Australia’s Workcover Corporation earlier this century. He has told InDaily that he lost his position due to a change in the politics of the state and has not been welcome since. (A more personal perspective on Brown was provided by Rosemary McKenzie-Ferguson in a January 2011 blog comment.)

Brown says that the most effective way of reducing the unfunded liabilities of workers compensation is to communicate with all stakeholders in the injury management process. He believes that

“WorkCover now operates more to service the needs of the bureaucracy compared to the operation he ran for six years in favour of the clients.” Continue reading “Success from enlightenment not compliance”

Managerial OHS walk-arounds and D&O liabilities

The latest edition of The National Research Centre for Occupational Health and Safety Regulation’s newsletter lists two new working papers, one from Andrew Hopkins and one from Neil Foster. Both should be obligatory reading.

Hopkins discusses how to increase the value of the “management walk-arounds” an increasingly common key performance indicator for senior executives. Hopkins, naturally, uses the Deep Water Horizon case as an illustration of the flaws in the process but walk-arounds should not only be for large projects.

Hopkins shows that the VIPs had an inadequate understanding of safety. They identified the slips, trips and falls hazards rather than asking questions about the potential major hazards of the facility. This is a common trap for managers and safety professionals, for those with suitable OHS skills, and one that needs to be actively countered. Continue reading “Managerial OHS walk-arounds and D&O liabilities”

Evidence on the need for safe job design

One reader has provided an example of recent research that supports the previous SafetyAtWorkBlog article on the importance of quality and safety in job creation.

In the March 2011 online edition of the Occupational & Environmental Medicine journal, Australian researchers have analysed data concerning “the psychosocial quality of work”. According to an accompanying media release (not available online yet) they found that

“The impact on mental health of a badly paid, poorly supported, or short term job can be as harmful as no job at all…” Continue reading “Evidence on the need for safe job design”

Grief guidance got right

A reader has pointed out an excellent guidance on managing situations after the sudden loss of a work colleague or family member, following on from a recent SafetyAtWorkBlog article.

In 2004 Skylight and New Zealand’s Accident Compensation Commission published “Death Without Warning – After an Accidental Death”. This book (only available for purchase) is an excellent guidance that provides advice on managing grief-stricken staff at the same time as providing some dignity.

Significantly the guidance is contemporary with current support practices. There is none of this rubbish about “closure”, or “getting over it”. It also acknowledges that men and women grieve differently and that each individual grieves in their own personal way, a way that those who provide support must accommodate and understand.

The guidance has a 2^nd edition which can be purchased online and, on receipt of our copy, will be reviewed here.

The guidance has a particular poignancy following the recent fatal earthquakes in Christchurch, New Zealand where many were killed as their workplaces collapsed.

Research Paper

For those readers who are, perhaps, researching in this area of occupation well-being or workplace mental health, one research article that is worth digging up is a 2010 paper by several Australian researchers called “Loss and grief in the workplace – What can we learn from the literature?” Continue reading “Grief guidance got right”

Daniel’s story

Below is an article submitted to SafetyAtWorkBlog as a comment several days ago. After much deliberation I have decided to publish this as an article for the consideration of readers and in the hope that someone may be willing to provide some practical assistance to Daniel.

Daniel has provided a phone number and email address to SafetyAtWorkBlog. Please contact the Editor if you are able to help.

“This is my story. I have tried different other government departments last year to get some help all I have got is the runaround so I thought I would try here. I really don’t know how to word this or where to begin so I’ll start from 2003. I was working for a company here in Adelaide for about a year when I had an accident at work, a week later I was put on work cover my boss decided to get rid of me because I was no used to him anymore. I spent the next three years on work cover, setting at home and slowly going crazy I spent most of that three years fighting work cover to get them to do something to get me back to work but nothing ever happened. after losing my family and everything I had while I was on work cover,

“Finally I was offered redemption prayer out. It wasn’t much for the price I had to pay to be left with a permanent disability and plus I was suffering from depression from the time I spent on work cover I lost my identity as a person and felt completely demoralized. And feeling Continue reading “Daniel’s story”

Category: Duty of Care

Government department fined $285k over prison van death

Like this:

Conservative media begins to examine new OHS laws

Like this:

Success from enlightenment not compliance

Like this:

Managerial OHS walk-arounds and D&O liabilities

Like this:

Evidence on the need for safe job design

Like this:

Grief guidance got right

Like this:

Daniel’s story

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: