Where’s the Sarbanes-Oxley for workplace safety?

In 2002, after several corporate collapses, the United States government signed in the Sarbanes-Oxley Act which was intended to establish business practices on accounting and auditing among other aims.  The Western world watched the introduction of this legislation and echoed many of the requirements in their own legislation and corporate oversight agencies.

It is likely in the wake of the global financial crisis that the United States (and Europe to a lesser extent) is entering another wave of corporate regulation or interference, depending on one’s politics.

These laws introduced substantial change to the management of businesses, the disclosure of information and the role of corporate executives.  When will this type of change include occupational safety and health?

Firstly, the United States’ safety professionals and regulators need to accept that their system of OHS legislation and enforcement is not “world’s best practice”.  There are major deficiencies in high-risk organisations and a misunderstanding of safety obligations at the shopfloor level.  These problems exist partly because of the structure and population of the country itself and also because there is so much baggage in its legal system that new perspectives in law are difficult to imagine.

A significant change in OHS law outside the United States is the issue of personal accountability for safety-related decisions.  There are few who complain about the jailing of CEOs and executives for the loss of money (their own and that of others) but there is a real barrier to jailing those same people when their management decisions led to a loss of life. Continue reading “Where’s the Sarbanes-Oxley for workplace safety?”

Reputable Australian government body announces first farm safety survey

There is a lot of silence on the quadbike safety front.  An Australian industry code of practice seems overdue, the findings of a New Zealand inquiry into farm safety are yet to be finalised and released…… But the Australian Bureau of Agricultural and Resource Economics (ABARE) has today announced its first survey into farm safety and it will include questions on quad bikes. Continue reading “Reputable Australian government body announces first farm safety survey”

Forklift incident costs NZ company over $34,000

New Zealand’s Department of Labour (DoL) has released a statement that illustrates a classic scenario for forklift safety.  According to the statement :

“The employee was walking in a freezer when he was hit from behind by a forklift carrying a 10-carton-high pallet of packed meat.  The Department’s investigation showed the height of the load impeded the driver’s view and contributed to the incident.

The employee’s hip and thigh were fractured. He was in hospital for three weeks and has only recently returned to full-time work.”

The incident occurred in April 2009 with the company being fined $NZ34,000. Continue reading “Forklift incident costs NZ company over $34,000”

Post-Disaster PR/Risk Management – Upper Big Branch

A regular SafetyAtWorkBlog reader emailed in a comment this morning that we believe is justified as including it as a post itself.  The Upper Big Branch Mine disaster is out of the news outside of the United States but as the Australian reader shows below, there are important lessons from how this disaster occurred and its aftermath as there is in most disasters.  What needs to occur is for the issues to continue to be discussed and lessons applied.  Some links in the post below have been added.

“I’ve been following the Upper Big Branch Mine disaster West Virginia, in which 29 miners died from an explosion that occurred on 5 April 2010. It appears that the explosion occurred due to a build up of methane and coal dust in the mine.  Records show that, in the weeks leading up to the explosion, some miners had expressed fears for their lives to their families.  One left a note for his family. To my thinking it reads like a suicide note. Continue reading “Post-Disaster PR/Risk Management – Upper Big Branch”

Harmonisation strategy will fail and legal costs for OHS will increase

The Australian Government’s plans to harmonise the country’s OHS legislation will fail.  In the Australian newspaper on 6 May 2010 the president of the Safety, Rehabilitation & Compensation Licensees Association, Dean Stone, said

“Harmonisation was aimed at having the same law in force across the country but it is simply not going to be able to do that…  Each of the companies moving back to the harmonised schemes will need more staff merely to comply with the different approaches.” Continue reading “Harmonisation strategy will fail and legal costs for OHS will increase”

First prosecution announced over insulation-related deaths

Queensland’s Department of Justice and Attorney-General has announced that an insulation installation company will be charged with offences under its safety legislation due to the death of an employee.  This is the first safety prosecution related to the Government’s , failed,  job creation scheme.

According to a media statement issued late on 5 May 2010,

“QHI Installations Pty Ltd has been charged with breaching section 30 of the Electrical Safety Act 2002 for allegedly failing to conduct its business or undertaking in a way that was electrically safe. Continue reading “First prosecution announced over insulation-related deaths”

BP oil rig explosion – lawyer video

The explosion of the BP oil rig raises a huge number of issues in a variety of safety and environmental disciplines.  In much of the media reportage, the plight of the workers on the rig has been given much less attention.

One media report has described BP as

“a London-based multinational oil giant with the worst safety record of any major oil company operating refineries in the United States.”

The oil rig, Deepwater horizon, was leased by BP  through Transocean.

On 3 May 2010 a maritime injury lawyer with Gordon, Ellias, and Seely, Jeff Seely, reportedly acting on behalf of the a family of one of the (presumed) dead workers from rig, Karl Kleppinger, released a Youtube video, produced by the World Socialist Web Site, in support of his legal action against BP and others claiming negligence.

Continue reading “BP oil rig explosion – lawyer video”

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