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NZ Coroner describes quad bike safety dispute as a “Mexican stand-off”

Dave Robertson of Quadbar.com has provided this article on a recent finding and recommendations of a New Zealand Coroner.

A New Zealand coroner, Brandt Shortland, recently handed down his findings on five farm-based quad bike deaths (Mendoza, McInnes, Ferguson, Cornelius and Van Der Pasch) that happened within six weeks of each other. Australian agricultural newspaper The Weekly Times reported,

“Mr Shortland [Coroner], who was a keynote speaker at a Farmsafe Australia symposium in Canberra last week, said all five deaths would have been prevented if the vehicles had Crush Protection Devices (CPD) installed”

In Coroner Shortland’s findings he found that quad bikes are best described as “error intolerant” and in the quad bike manufacturers’ view “a quad bike require a rider to make good decisions”. One NZ media report reports the Coroner as advocating continuing rider training but that

“… training and education cannot teach common sense or good judgement.”

Shortland supports the wearing of helmets while riding quad bikes and a taskforce review into roll-over protection structures (ROPS) which increases the significance of the current Australian review. The Coroner acknowledged the tension between safety advocates and quad bike manufacturers describing it as a “Mexican standoff”. Continue reading “NZ Coroner describes quad bike safety dispute as a “Mexican stand-off””

Canberra gets its first Industrial Magistrate for OHS matters

The Australian Capital Territory (ACT) has named Chief Magistrate Lorraine Walker as its first industrial magistrate. The establishment of an industrial court in the ACT stems from the government accepting the recommendations of the Getting Home Safely report which in turn was a response to a spike in workplace fatalities in 2012.

Walker is unknown outside of the ACT but the best introduction to her is probably through a long interview she gave in February 2012 to ABC radio in Canberra. Occupational health and safety specifically was not on Walker’s radar at the time of the interview but it may be useful to note her comments on sentencing and how this should reflect, or consider, community expectations. Walker also discusses the importance of the preventive and educative role that penalties can have. How this perspective applies under the recent Work Health and Safety laws will be worth watching.

Kevin Jones

Safety in the C Suite doesn’t always run smoothly

It is rare for workplace safety to gain a half-page in the daily press in Australia but this occurred recently in The Australian. The newspaper’s industrial editor, Ewin Hannan, built an article, “Tunnel Vision on Safety“, around the following quote from a leaked memo from 2010 then head of human resources, industrial relations and safety for John Holland, Stephen Sasse, in relation to the management of the Airport Link project:

“‘‘In my seven years with John Holland, I have never seen any project or management team that was so cavalier about the company’s OHS (occupational health and safety) system, principles and values and I have grave doubts about the management’s team’s capability in safety.’”

This is a remarkable statement but Sasse has been outspoken on safety issues in the general construction sector before. In 2011 a change in the senior management of Leighton Holdings, the parent company of John Holland, created doubt about Sasse’s future and Sasse left the organisation in October 2011. The latter articles also indicate Sasse’s relationship with the union movement which may be part of the reason the unions are repeating their calls for an inquiry into John Holland and its licence with Comcare. SafetyAtWorkBlog has several articles about these industrial relations tensions from 2009. Continue reading “Safety in the C Suite doesn’t always run smoothly”

Politics before safety in South Australia

Occupational health and safety (OHS) eyebrows were raised in Australia recently as a State Government suspended the application of three construction-related codes of practice, principally, on the basis that compliance will cost too much. The decision by South Australia’s Minister for Industrial Relations, John Rau, following a report by the Small Business Commissioner, Mike Sinkunas, illustrates several issues:

the SA government is overly influenced by the Housing Industry Association (HIA),
small business is being misinformed on how workplace safety works,
the application of “reasonably practicable” has been ignored, and
the unions and safety profession do not know how to respond.

Continue reading “Politics before safety in South Australia”

Sex, work, liability and safety

There is a constant tension between occupational health and safety (OHS) and workers compensation. OHS is intended to prevent harm and workers compensation is available for when harm cannot be, or has not been, prevented. In Australia, these two elements of safety are administered by different organisations under different legislation but it is a distinction that baffles many. The recent discussion about a sex-related workers compensation claim illustrates this bafflement to some degree.

This time last year Comcare filed an appeal over a Federal Court decision regarding

“A Commonwealth employee is seeking workers’ compensation for injuries sustained after a light fitting was pulled from the wall of a motel during sex, on a business trip.”

(A good summary of most of the legal proceedings is provided by Herbert Geer.)

The case has received wide media attention mostly for the salacious matter of the case, and some political attention, but the purpose of the appeal, according to Comcare, was

“… to seek a High Court ruling on the boundaries between private Continue reading “Sex, work, liability and safety”

The Australian Government targets former PM, Kevin Rudd, over insulation deaths

The investigation into workplace deaths associated with Australia’s Home Insulation Program (HIP) was refreshed yesterday with the publication of some of the terms of reference for a new Government inquiry into the program. The HIP deaths is an enormously politically charged issue in Australia and the politics, and associated media attention, could derail an inquiry that has the potential to provide important occupational health and safety, risk management and governance issues.

Greg Hunt, Environment Minister is quoted as saying that

“The Government is committed to a full inquiry into Kevin Rudd’s home insulation scheme that was linked to the tragic loss of four young lives,….”

According to the Courier-Mail newspaper on 27 October 2013 there will be ten elements in the terms of reference but only four are mentioned:

The process and basis of government decisions while establishing the program, including risk assessment and risk management;
Whether the death of the four men could have been avoided;
What if any advice or undertakings given by the government to the industry were inaccurate or deficient, and;
What steps the government should have taken to avoid the tragedies.

These four seem reasonable aims but this information has been leaked, the full terms of reference have not been released and a person to head the inquiry is yet to be announced.

iStock_000010997810 safety tape Medium crop Continue reading “The Australian Government targets former PM, Kevin Rudd, over insulation deaths”

Coronial findings into level crossing fatalities released

Today the Victorian Coroner has released the findings into the 2007 Kerang rail disaster and other level crossing fatalities. SafetyAtWorkBlog has written about issues related to level crossings those articles may help when reading the many media articles that the inquest findings will generate.

Already family members of the Kerang victims have expressed their dissatisfaction with the findings. Continue reading “Coronial findings into level crossing fatalities released”

Category: law

NZ Coroner describes quad bike safety dispute as a “Mexican stand-off”

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Canberra gets its first Industrial Magistrate for OHS matters

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Safety in the C Suite doesn’t always run smoothly

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Politics before safety in South Australia

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Sex, work, liability and safety

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The Australian Government targets former PM, Kevin Rudd, over insulation deaths

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Coronial findings into level crossing fatalities released

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