Make buying a business a safe choice

A recent prosecution by SafeWorkSA illustrates an odd situation but one of considerable importance.

The media release of 15 December 2010 reports on the the penalties given to Hermes Precisa Pty Ltd (A$24,600) and Salmat Document Management Solutions Pty Ltd (A$22,400) for breaches of OHS law in May 2008. The circumstances of the offence are:

” A male plant operator was working with a large guillotine to remove the spines from stationery, when his fingertips were crushed by the clamp of the machine, necessitating their eventual amputation. He remains employed by the company.

The investigation revealed that the employee had received only verbal training and instruction on the use of the machine, and was required to use a wooden block to square up stacks of papers that were to be trimmed.

SafeWork SA told the court that the wooden block was insufficient to protect the worker’s hand and neither company provided safe systems of work for the task involved. A purpose-built blocking tool that did protect the operator’s hand had been lost a year previously. “

The obvious lesson from the incident is in the last paragraph – maintain safety equipment and replace what is broken or lost.

But the curious element of the prosecution is that it is rare for two companies to be prosecuted and guilty for the one offence. Continue reading “Make buying a business a safe choice”

West Australian farmer found dead under his quadbike

WorkSafe WA has reported on a quad-bike related death of a 68-year-old man in the evening of 12 December 2010. Details are scarce as OHS inspectors have only been able to attend the scene this morning.

The WorkSafe media release (soon to be available online) states:

“WorkSafe is investigating the work-related death of a 68-year-old man on a farm at Crooked Brook, near Dardanup south of Bunbury, last night.
The farmer was believed to have left his house to move cows from one paddock to another. When he did not return, a family member went to look for him and found him under an upturned quad bike.”

Details of the type of terrain, safety features of the quad bike and the type of PPE on site were not available at the time of writing. Continue reading “West Australian farmer found dead under his quadbike”

Powerful OHS stories on YouTube

Yossi Berger recently criticized the award-winning “Homecoming” ads of WorkSafe that have been rebroadcast in the US. Berger said that the awareness raising ads do not contribute to saving lives.

Workplace Health & Safety Queensland has produced a series of survivor stories that, if the wider working community gets to see them, are an enlightening view of the reality of work-related injuries. The latest film in the series is “Between a rock and a hard place – The Garry Nichols story” and concerns the impact of a tractor roll-over.

The films benefit enormously from the analysis of contributing factors to the incident. Continue reading “Powerful OHS stories on YouTube”

Of stunning, short-lived cactus flowers and quad bikes

The smoke from the mine:

It has been a frighteningly bad month in the mining industry internationally. OHS meetings I attended during this period have been hushed as a result of the New Zealand tragedies. Discussions about OHS have become more pertinent and more accurate – for the time being. But this, like stunning but short-lived cactus flowers, will quickly disappear.

Because I’ve had close involvement with the Beaconsfield Gold Mine rockfall that killed Larry Knight, and years earlier with the Esso Longford explosions and fires in Victoria, the CrossCity tunnel fatality in Sydney… and many other tragedies or near misses, such events, like a sudden cramp, re-focus my thinking on current issues. Another OHS failure that we didn’t stop.

Quad bike safety:

One such issue I’ve been involved in for some time has been the quad bike safety issue. The fatality statistics I have on these machines in Australia show that over the last 10 years 13 people (on average) are killed per year. 130 people, most of whom, the industry will have you believe, were ‘mis-users’ of the machines (see below). The trend is up not down.

I have just resigned from the TransTasman Quad Bike safety committee created by the regulators last year. The OHS and quad bike interest group in the community may be interested in some of the difficulties I see with the current work on this issue.

The obvious and useless in practice:

I think a much greater degree of transparency and openness – including a high level public conference – ought to take place. And neither the regulators nor industry will be interested in that; Continue reading “Of stunning, short-lived cactus flowers and quad bikes”

Controlling Christmas party risks is a year-round activity

Every year, around this time, law firms and OHS regulators release statements and good OHS advice about the risks of Christmas and end-of-year work parties. But companies who wait until now to introduce control measures and policies for the risks of occupational violence, sexual harassment and reputational damage have, largely, missed the opportunity to effectively manage these risks.

The need to enforce safe behaviours at work functions is not a seasonal process but one that is integral to the establishment of a safe workplace culture the year round. This is not to say that a friendly reminder is not useful but, if managed well, it should be nothing more than a reminder.

Of all the OHS advice for parties, Workplace Health & Safety Queensland is most succinct:

“remind staff about workplace policies in particular bullying, sexual harassment and discrimination

serve alcohol responsibly

provide food and non-alcoholic drinks Continue reading “Controlling Christmas party risks is a year-round activity”

The intersection of OHS and public liability becomes more urgent

In mid-November 2010, a gymnasium in Queensland was fined A$70,000 following the death of a 19-year-old Michelle Maitland. Ms Maitland fell and hit her head on a part of the floor that was not covered by a safety mat. The case has been regularly reported in Queensland media since the death in June 2009 and the reports provide additional details of the fall and the hazard control measures that could be considered.

Workplace Health & Safety Queensland was unable to provide SafetyAtWorkBlog with details of the case or comment as the gymnasium has lodged an appeal against the judgement.

This tragic death is the latest illustration of a challenge that businesses and OHS regulators have faced regularly – the line between public liability and occupational health and safety law. Businesses have applied a rule of thumb where injuries related to work activities are OHS matters but risks presented to customers or visitors who are in the workplace have been dealt with through public liability insurance. The Maitland case shows that businesses may face an insurance payout as well as an OHS prosecution.

The significance of this demarcation will greatly increase with the introduction in Australia of new laws that redefine a “workplace” as wherever work is being undertaken. Continue reading “The intersection of OHS and public liability becomes more urgent”

Lessons Learnt…?

I would like to pose a question, or questions: are OHS professionals and the community in general, in all honesty, learning and applying the lessons we are being taught from workplace events?

Are we, or our organisations, being truly effective in preventing the recurrence of events in our workplaces, work processes or activities?

Do we, in truth, actually prevent risk before it has the opportunity to arise, or do we at best eliminate it once it does?

Most, if not all, will answer “yes, yes and yes”. And mean it. But let us take a good, hard look in the mirror.

Almost every day, most of us will become aware of another work-related fatality, another court case won or lost, another event which has resulted in significant harm to person, property, environment – or a combination thereof. What makes these events of note? Continue reading “Lessons Learnt…?”

Category: hazards

Make buying a business a safe choice

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West Australian farmer found dead under his quadbike

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Powerful OHS stories on YouTube

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Of stunning, short-lived cactus flowers and quad bikes

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Controlling Christmas party risks is a year-round activity

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The intersection of OHS and public liability becomes more urgent

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Lessons Learnt…?

I would like to pose a question, or questions: are OHS professionals and the community in general, in all honesty, learning and applying the lessons we are being taught from workplace events?

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I would like to pose a question, or questions: are OHS professionals and the community in general, in all honesty, learning and applying the lessons we are being taught from workplace events?

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