law – Page 217 – SafetyAtWorkBlog

Only animals should die in abattoirs

The Sunday Age of 30 January 2011 ran an article about the status of workplace safety in some of Victoria’s abattoirs. The article has some similarities to the landmark investigations by Eric Schlosser into work practices and compensation issues related to meatworks in the United States.

The Sunday Age says that

“(Last financial year [2009/2010], there were 355 workers’ compensation claims in Victoria’s meat industry that required at least 10 days off work, or cost more than $580 in treatment, or both – almost one a day. Nationally the industry’s injury and illness rate remains twice as high as that in the construction industry, and four times the average of all workplaces.”

Many would say that meat work is “inherently dangerous” but in the article lawyer Trevor Monti, contests the perception

”Yes, it’s a difficult industry and the work can be hard,” he says. ”But with proper consideration given to the system of work, the risk of injury can be significantly reduced.”

This is a position with which OHS professionals and regulators would agree.

It is significant that, if the comparative figures quoted above by the Sunday Age are accurate, abattoirs do not receive the enforcement attention that the construction industry receives. Is it that the construction industry is largely unionised and the meat industry much less so? Is it that abattoirs are rorting the immigration visa system as asserted by the Australian Meat Industry? Continue reading “Only animals should die in abattoirs”

Quad bike fatality costs over $80k in penalties

A Western Australian company has been fined $A50,000 over the death of one of its workers in November 2008 The worker rode a quad bike into a wire gate and died. The recent WorkSafe WA media release focuses, understandably on the fine imposed in the Perth Magistrates’ Court on Jenara P/L but a clearer picture of the incident is available from an earlier WorkSafe report into the incident. The accused, in this instance, was Seatown Holdings, a labour hire firm who was fined $A30,000 :

“The accused was a labour hire company which employed a worker for remuneration and arranged for said worker to work for Jenara Pty Ltd who was one of its clients.

The client ran a grain growing farm near Miling.

During the afternoon on Sunday 16 November 2008 the worker was working alone and riding an All Terrain Vehicle (ATV) on a road on the client’s farm when he rode into a wire gate known as a ‘cockies gate’. Continue reading “Quad bike fatality costs over $80k in penalties”

Safety rationalisation doesn’t end with an improving economy!

Guest contributor, Gerard May, writes

The economic circumstances an organisation finds itself in can greatly affect their approach to workplace health and safety. Tough economic times are still ahead for some industries and organisations, while others who rationalised for survival through the global financial crisis will begin to prosper. This article will delve into what may be happening to Occupational Health and Safety (OH&S) in organisations heading into both tough and improving economic times. The economy will play a role.

Rationalisation in the manufacturing industry appears likely as the Australian Industry Group’s Performance of Manufacturing Index showed nine out of the 12 sub-sectors in the industry went backwards in December 2010[1]. Pricewaterhousecooper‘s (PwC) Australian-based global head of industrial manufacturing, Graeme Billings, recently stated,

“In the face of…declines in activity and the continuing slump in new orders, it is imperative that businesses continue to search for efficiencies, improvements and innovative approaches to their markets, products and business models[2].”

OH&S will surely be in the sights of rationalisation in the sector.

Insurance company “fire-bomber” dies in custody

Almost 12 months ago, Paul Wayne Clarke “loaded a shopping trolley with jerry cans of fuel and set it alight inside a Darwin insurance office, injuring 15 people”. Clarke died on 21 January 2011 after a failed suicide attempt whilst in custody.

On February 2010 media report provided a few details of Clarke’s circumstances:

“The bomber reportedly goes by the name “Bird” and is a former security guard who worked at a Darwin pub until being injured on the job in October 2007.

He allegedly blamed the insurer for loss of earnings that forced him to leave his three-bedroom home in Humpty Doo and move into a shipping container.”

The incident was enormously traumatic for the 15 staff and customers of the Territory Insurance Office (TIO) who were injured by the incident.

The Coroner will be investigating Clarke’s death but the motivation for Clarke’s initial actions against TIO will remain a mystery. Continue reading “Insurance company “fire-bomber” dies in custody”

WorkSafe prosecutes Dept of Corrective Services and G4S

In June 2010 WorkSafe WA began investigating the 2008 death from heat stroke of 46-year-old aboriginal elder Mr Ward. According to one media report :

“A broken air conditioner forced Mr Ward to endure temperatures above 50 degrees during the non-stop, four-hour journey to face a drink-driving charge in court.”

The same article noted that in June 2010 the Director of Public Prosecutions Joe McGrath announced that no charges would be laid against two security guards over the 46-year-old’s death.

On 19 January 2011, WorkSafe announced that it

“… will prosecute the State of Western Australia (Department of Corrective Services), government contractor G4S Custodial Services Pty Ltd (formerly GSL Custodial Services Pty Ltd) and the two drivers involved in the death of Mr Ward in January 2008.”

WorkSafe notes in its media release that

“A Coronial Inquest was completed in May 2009, with the State Coroner Alastair Hope concluding that all four parties [listed in the above quote] contributed to the death.” Continue reading “WorkSafe prosecutes Dept of Corrective Services and G4S”

NZ Coroner presses for changes in quad bike safety

One of New Zealand’s coroners, Ian Smith, has set a safety challenge to the OHS regulatory and quad bike distributors. In the coronial findings (not available online) into the 2008 death of 21-year-old beekeeper, Jody Santos, Coroner Smith has recommended to the Ministers for Transport and Labour:

“The Court endorses the new educational and enforcement programme being proposed by the Department of Labour, but considers that both Ministries undertake an immediate investigation to consider the mandatory installation of:

(i) The compulsory wearing of helmets when operating ATVs in any circumstances; and

(ii) The installation of a roll bar on all A TVs/quad bikes; and

(iii) The installation of lap belts on all ATVs/quad bikes.”

The Department of Labour (DoL) specifically requested that the Coroner remove the mandatory installation recommendation. Continue reading “NZ Coroner presses for changes in quad bike safety”

Is capitalism anti-safety? Systemic failures in oil industry

The Wall Street Journal and other media around the world have reported on systemic failures of the global oil industry and government regulators identified by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. These articles are based on the release of a single chapter, Chapter 4, of the final report due for release on 11 January 2011.

A media release from the Commission includes the following findings from Chapter 4

“The well blew out because a number of separate risk factors, oversights, and outright mistakes combined to overwhelm the safeguards meant to prevent just such an event from happening. But most of the mistakes and oversights at Macondo can be traced back to a single overarching failure—a failure of management. Better management by BP, Halliburton, and Transocean would almost certainly have prevented the blowout by improving the ability of individuals involved to identify the risks they faced, and to properly evaluate, communicate, and address them.”

“. . .the Macondo blowout was the product of several individual missteps and oversights by BP, Halliburton, and Transocean, which government regulators lacked the authority, the necessary resources, and the technical expertise to prevent.”

“The blowout was not the product of a series of aberrational decisions made by rogue industry or government officials that could not have been anticipated or expected to occur again. Rather, the root causes are systemic and, absent significant reform in both industry practices and government policies, might well recur.”

“What we. . .know is considerable and significant:

each of the mistakes made on the rig and onshore by industry and government increased the risk of a well blowout;

the cumulative risk that resulted from these decisions and actions was both unreasonably large and avoidable; and

the risk of a catastrophic blowout was ultimately realized on April 20 and several of the mistakes were contributing causes of the blowout.”

The significance of these quotes is that the Commission is critical of an industry and not just a single company. Continue reading

Category: law

Only animals should die in abattoirs

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Quad bike fatality costs over $80k in penalties

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Safety rationalisation doesn’t end with an improving economy!

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Insurance company “fire-bomber” dies in custody

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WorkSafe prosecutes Dept of Corrective Services and G4S

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NZ Coroner presses for changes in quad bike safety

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Is capitalism anti-safety? Systemic failures in oil industry

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