Following a recent article about Enforceable Undertakings, several readers have asked for more information about the occupational health and safety (OHS) breaches that cause WorkSafe New Zealand to commence prosecution actions.
The investigation report provides some useful discussion on safety management failures and Board of Trustee obligations.
The Victorian (Labor) Government promised a review of WorkSafe Victoria’s enforcement policies in its 2014 campaign pledges as per the quote below. The independent occupational health and safety (OHS) review was conducted in 2016 with a lot of public submissions. The review’s final report was presented to the Victorian Minister for Finance, Robin Scott in December 2016. Everything has been quiet since. Continue reading “Will we ever get to see Victoria’s latest OHS review?”
Enforceable Undertakings (EU) are a relatively new phenomenon in the occupational health and safety (OHS) world. They are, fundamentally, a legal process that allows organisations to avoid a prosecution for breaching OHS laws. The issue has garnered some attention recently due to application of an EU to a New Zealand school after two student actors received cuts to their throats, one on the opening night of a school production of Sweeney Todd. The Enforceable Undertaking will result in big safety changes at St Kentigern School but there are several assumptions that weaken the impact of an EU.
A recent investigative report into workplace safety at Los Alamos laboratory in the United States included this statement:
“The Center’s probe revealed worker safety risks, previously unpublicized accidents, and dangerously lax management practices at other nuclear weapons-related facilities. The investigation further found that penalties for these practices were relatively light, and that many of the firms that run these facilities were awarded tens of millions of dollars in profits in the same years that major safety lapses occurred. Some were awarded new contracts despite repeated, avoidable accidents, including some that exposed workers to radiation.”
The whole article deserves reading but this paragraph in particular illustrates that deficiencies in procurement apply to large organisations in high risk sectors just as much as it can in the small to medium-sized business sector. A major reason is that detailed and diligent procurement has been seen as red tape and it seems to have taken disasters like Grenfell Tower to illustrate the moral deficiencies and short-term economic fantasies of
A company vehicle is a workplace. This is not a radical statement, or shouldn’t be. A worker driving the company vehicle is at work, transporting themselves or some goods somewhere as part of the work process. Yet most traffic accidents in Australia are not assessed to determine whether they are work-related and action is rarely taken by the occupational health and safety (OHS) regulators who seem comfortable with their secondary information gathering role in traffic accidents.
With the failure of the trade union movement’s efforts to maintain the existence of the Road Safety Remuneration Tribunal, others are stepping up pressure on Australia’s government to address some traffic accidents as work-related. And there is some important local independent research that seems to support this push.
On 26 May 2017, NT WorkSafe announced that Austral Fisheries Pty Ltd was charged over health and safety breaches that resulted in the electrocution of Ryan Donoghue. Enforcement of occupational health and safety breaches should be welcomed but Donoghue died in 2013! Why so long?
NT WorkSafe regret the delay:
“The location of the vessel meant the Australian Maritime Safety Authority, Workplace Health and Safety Queensland and NT WorkSafe potentially had jurisdiction to investigate.”
“The preliminary findings from our investigation were handed to Workplace Health and Safety Queensland after we received legal advice that they had jurisdiction,” Mr Gelding [Executive Director of NT WorkSafe] said.
Workplace Health and Safety Queensland completed their investigation on 3 March 2015 and decided not to prosecute. The Northern Territory Coroner held an inquest into the accident in April 2016 and referred the matter to NT WorkSafe for consideration.
Why so long? Jurisdictional arguments and enforcement variation. But didn’t Australia establish a National Compliance and Enforcement Policy in 2011? Yep,
The court case between the Federal Chamber of Automotive Industries (FCAI) and WorkSafe Victoria has been resolved and, according to both parties, they both won. According to WorkSafe Victoria:
“The Supreme Court proceeding issued by Honda, Yamaha, Suzuki and other quad bike manufacturers against WorkSafe Victoria was dismissed just prior to a trial that was listed to commence yesterday.
The manufacturers had wanted the Supreme Court to rule that WorkSafe’s public announcements about quad bike safety were unlawful. The challenge has been dismissed and will not proceed to trial.”
According to FCAI’s media statement:
“In the Supreme Court proceedings, WorkSafe Victoria specifically declined to pursue a claim that the fitment of an OPD is an appropriate way of reducing the risks to operators of an ATV overturning. It has produced no data or other evidence to support its claim that OPDs will “save lives”.
The revisions now made by WorkSafe Victoria are welcomed by the ATV industry as an important clarification to correct previous reporting that, as a result of its March 2016 announcement, OPDs had become mandatory on Victorian farms. That was not the case, as WorkSafe Victoria has now acknowledged, as a result of the legal proceedings taken against it.”