guidance – Page 29 – SafetyAtWorkBlog

Extraordinary duty of care prosecution over a near miss

Near miss events, or “close calls”, are important opportunities to review safety and work processes. In fact they can be the best opportunities as the participants and witnesses are still alive and can provide detailed information on the mistakes, breakages or oversights. But rarely are companies prosecuted for near misses.

In Western Australia, a company has been found guilty of breaching its duty of care after two of its workers were lost for almost a whole day, and was fined over $A50,000, the highest fine of this type. The near miss is almost comical and at least one newspaper has described it as a “comedy of errors“, except that it could easily have resulted in tragedy. WorkSafeWA’s (long) media release, provides the details:

“MAXNetwork was contracted to the Department of Education, Employment and Workplace Relations to consult with disadvantaged job seekers, in this case through their office in Kalgoorlie.

A number of employment consultants work at the Kalgoorlie office, and they regularly travel to remote areas – some accessible only by dirt roads and narrow tracks – to work with job seekers.

In December 2009, two of the company’s Kalgoorlie area employment consultants were instructed to do an “outreach visit” to the remote community of Tjuntjuntjara, around 600km north-east of Kalgoorlie in the Great Victoria Desert.

The two consultants departed Kalgoorlie in a Toyota Prado leased by MAXNetwork at around 6.00am on a journey estimated to take nine to ten hours on a road with no signs that was a narrow track in some places.

The women were not provided with a map, GPS or any other navigational aid, and consequently they became lost. They had received no training or instruction on travelling in remote areas, and so did not know what to do in the event of becoming lost.

The satellite telephone provided to the consultants did not work, and management was aware of this prior to the trip. In addition, there was no schedule for regular contact with workers in remote locations so no-one realised the women were overdue. Continue reading “Extraordinary duty of care prosecution over a near miss”

Bullying Inquiry hears about psychopaths, enforcement and ‘hush money’

The latest set of transcripts from Australia’s Parliamentary Inquiry into Workplace Bullying has been released to the public. Again, the public hearings provide important insights, not necessarily into the hazard of workplace bullying, but the perception of the hazard of workplace bullying.

The transcript of the public hearing in Hobart starts with a presentation from Kevin Harkins, the Secretary of Unions Tasmania. Harkins says

“… that the face of bullying in the workplace has changed. There used to be traditional initiation type processes that we are all aware of from media reports. I think it has all moved to a more complex state now: bullying in the workplace largely by workplace psychopaths. While companies have policies in place to combat bullying in the workplace, I think that in the main they are token attempts to do nothing or to cover what happens in the workplace.”

It may be that the initiation rituals where apprentices were set on fire or hung from a crane may have declined but it is concerning if the trade union movement relies on media reports for evidence of the decline in abuse. Continue reading “Bullying Inquiry hears about psychopaths, enforcement and ‘hush money’”

Woodchipper decision could set a worrying safety precedent

The development of Australia’s new Work Health and Safety laws relies on potential prosecutions and Court rulings to clarify various elements and definitions. Some labour lawyers have forecast this clarification to take several years however last week The Warrnambool Standard reported on a decision by the Victorian Civil and Administrative Tribunal (VCAT) that provides a worrying clarification on the contentious definition of “as far as is reasonably practicable” from outside the anticipated Court structure.

WorkSafe Victoria placed an improvement notice on a woodchipper owned by the Warrnambool City Council following an incident in September 2011 where a worker, David Johnstone, had both hands removed by the blades of the woodchipper. The improvement notice stated that additional guarding in the form of a “bump bar” be installed on woodchippers. The Council requested a review of the notices through WorkSafe’s review processes. The directions stood and the Council appealed to VCAT, as per the normal process. VCAT found that the engineering controls demanded by WorkSafe were not required as the administrative controls advocated by the Council were found to have “reduced risk “so far as is reasonably practicable”.

The VCAT decision is concerning because it seems to conflict with the application of the Hierarchy of Controls for risk in which machine guarding, an engineering control, is considered a more effective control measure that administrative controls such as those favoured by the Council Continue reading “Woodchipper decision could set a worrying safety precedent”

Performance Management may be key to building a safe workplace culture

Occupational safety advice and incident investigations are peppered with the need to have an improved workplace culture. In some ways, workplace culture is another, and broader, way of saying of “system of work”, a concept that has existed in Australian OHS laws for a long time but never received the prominence of clarity it deserved. But how does one develop an improved workplace culture and system of work? Performance Management seems to be one option.

Performance management is well established in the human resources (HR) discipline but the OHS implications are just being acknowledged in the safety discipline. The concept has been mentioned several times in the public hearings of Australia’s inquiry into workplace bullying as a positive and potential negative.

According to Associate Professor Robin Kramar (now Professor of Human Resource Management at the Australian Catholic University) of in the 2004/2005 edition of CCH’s Australian Master Human Resources Guide, performance management is

“..a way of encouraging behaviour that supports organisational objectives.” (page 19)

This is particularly relevant to the management and removal of psychosocial hazards that safety professionals are increasingly being called on to address or to assist with. Continue reading “Performance Management may be key to building a safe workplace culture”

Why all the arguing over a workplace bullying definition?

There have been many calls in Australia for a national definition of workplace bullying. Apparently the definition below that has applied in OHS legislation for over ten years in Victoria is insufficient:

“Repeated unreasonable behaviour directed toward a worker or group of workers that creates a risk to health and safety.”

The definition above was the one used in the first draft Code of Practice on Preventing and Responding to Workplace Bullying produced by Safe Work Australia in September 2011.

The definition was questioned by Moira Rayner, as a representative of the Law Institute of Victoria, at recent public hearings into workplace bullying. Researchers said that a lack of a national definition is a major reason that research in workplace bullying has been so thin.

A quick survey of workplace bullying definitions in Australia is listed below:

“Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which Continue reading “Why all the arguing over a workplace bullying definition?”

More details of the costs of managing safety required from OHS regulators

In a recent edition of Safety Express, a newsletter from WorkSafe Victoria, Clarke Martin outlined the benefits of WorkSafe’s Owner Visit program to one regional company. This good news story needed more depth and detail so Clark Martin provided SafetyAt WorkBlog with additional information.

The Safety Express article outlined that a company of over 200 employees gained advice through WorkSafe’s free 6-hour consultancy service and has

“…made significant savings in insurance premiums over a two-year period. The financial and safety benefits are continuing today.”

“The company agreed to make significant changes to the way the business managed its OHS and RTW, and the financial management of premium costs.”

“WorkSafe worked with the company for two years and in this time the EPR dropped to just 34 per cent above average and work is continuing to further improve its performance. The company advised WorkSafe that savings achieved from reduced insurance premiums was equivalent to the profits on producing and selling an additional $16m of product.” Continue reading “More details of the costs of managing safety required from OHS regulators”

OHS Honour missed but well-deserved

Following the SafetyAtWorkBlog article about the 2012 Queen’s Birthday Honours, a reader has brought a well-deserved OHS recipient to our attention that we, and many others, missed.

Ian Ewart received the medal of the Order of Australia (OAM) for his services to his local community in Traralgon however I knew Ian through his involvement with the Gippsland OHS Network, a safety group in a regional part of Victoria renown for its electricity generation. His creation of that network was an important part of his nomination.

Very little more information has appeared in the official Honours websites and notifications but a colleague of Ian’s has provided the extract from his nomination:

“Ian’s employment in the safety industry began in 1979 when he was appointed as a training officer by the National Safety Council of Australia. Various safety roles followed until his retirement from full-time employment in June 2009. Not content to retire, Ian then established an OH&S consultancy business to continue to service those who wished to retain his expertise. Continue reading “OHS Honour missed but well-deserved”

Category: guidance

Extraordinary duty of care prosecution over a near miss

Like this:

Bullying Inquiry hears about psychopaths, enforcement and ‘hush money’

Like this:

Woodchipper decision could set a worrying safety precedent

Like this:

Performance Management may be key to building a safe workplace culture

Like this:

Why all the arguing over a workplace bullying definition?

Like this:

More details of the costs of managing safety required from OHS regulators

Like this:

OHS Honour missed but well-deserved

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: