Small business OHS shortcomings

The home insulation debate in Australia is fragmenting.  Workplace safety is one of the chunks of debate heading in an unknown direction (political safety goggles anyone?)  The Australian newspaper included an article on 19 February 2010 that, although coming from the insulation sector, illustrates a dominant misunderstanding by small businesses.

The proprietor has run many businesses in a range of industries but he clearly has little understanding of his OHS obligations as he denies any responsibility for the death Matthew Fuller, an employee of the firm he contracted to undertake insulation installations, QHI Installations.  The proprietor states the reason is that “we did not employ him.”   Continue reading “Small business OHS shortcomings”

Operating cranes without a certificate costs $13,500

Only a day or two after writing about fines applied in Victoria over ignoring improvement notices from OHS inspectors, a similar case has been reported by SafeWork South Australia.

According to SafeWorkSA:

“Gillman-based Adelaide Ship Construction International Pty Ltd was fined $13,500 after pleading guilty to failing to comply with three Prohibition Notices issued by SafeWork SA.

The court heard how in September 2006, the shipbuilder’s managing director continued to operate a mobile crane and elevated work platform after removing the yellow “Do Not Use” tags placed on them by inspectors.

The Prohibition Notices were issued as a result of the lack of inspection records and logbooks for the machinery, and the managing director being unable to produce a certificate of competency to operate the crane.”

Continue reading “Operating cranes without a certificate costs $13,500”

Something fishy in Tasmania’s abalone industry

Recently, SafetyAtWorkBlog received a long anonymous email concerning the death of David Colson, Tasmanian abalone diver who drowned in October 2007.  The Coroner completed his inquest into the death and released his investigation findings in early January 2010.  An earlier blog article on the findings can be found here

The correspondent pointed out that Allen Hansen, founder and managing director of Tasmanian Seafoods, the company that was to receive the abalone harvested by David Colson and Tony Burton, and a director the Tasmanian Abalone Council for an Export Award.  The award was in fact an Export Leadership Award.

There is no indication that workplace safety is a criteria in the awarding of the Export Leadership Awards.  The Award website describes Hansen as

“…truly an industry ‘builder’ and has made an outstanding contribution to developing the premier image of Tasmanian abalone.”

Attitudes to OHS in the abalone industry

The Coroner found that Allen Hansen’s company, Tasmanian Seafoods, did not have any procedures in place for when a boat did not return on time. Continue reading “Something fishy in Tasmania’s abalone industry”

D/O liability insurance gets to England’s High Court

Insurance policies for directors and officers (D&O) liabilities have yet to gain much application in terms of occupational health and safety penalties.   But D&O insurance policies are in Australia and are established in other countries.

According to Wikipedia:

“Directors and Officers Liability Insurance (often called D&O) is liability insurance payable to the directors and officers of a company, or to the organization(s) itself, to cover damages or defense costs in the event they suffer such losses as a result of a lawsuit for alleged wrongful acts while acting in their capacity as directors and officers for the organization.”

A decision by the High Court in England throws further light on the application of D&O.   Continue reading “D/O liability insurance gets to England’s High Court”

Update on New Zealand cool store explosion

On 15 December 2009, a New Zealand Court penalised two companies and a director with fines totalling over $NZ390,000 over an explosion in a coolstore that result in the death of one firefighter and injuries to others.  In the comments section of a previous blog article the following questions were put to the New Zealand Department of Labour (DoL).  Their responses are included below Continue reading “Update on New Zealand cool store explosion”

CEO changes in Australian OHS

As safety professionals start to return to work in Australia after their Summer break, speculation for 2010 increases.

Many are wondering who will replace John Merritt as the executive Director of WorkSafe Victoria?  The appointment process is likely to take a couple of months but there are several possible candidates.

One could be Julia Davison of WorkCover South Australia.  On 15 January 2010 the chair of the WorkCover SA board, Philip Bentley, informed the IR Minister that Davison will be leaving her CEO position in mid-2010.  The timing is good. Continue reading “CEO changes in Australian OHS”

Politics and safety in California

Workplace safety, as is any legislation, is subjected to the political whims and decisions of whichever political party is in power at the time.  In Australia, John Howard’s conservative government almost halved the already meagre budget of the National OHS Commission, stopping many of the programs of national OHS uniformity that are now being resurrected by the Labor Government of Kevin Rudd.

On 14 January 2010 an investigative report into the operation of Cal-OSHA by KCET says that there was a marked change in the enforcement policies of Cal-OSHA shortly after the election of Republican Arnold Schwarzenegger as Governor of California. Continue reading “Politics and safety in California”

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