Category: law

Rainbow windmill deaths continue to affect the local community

In March 2010, SafetyAtWorkBlog reported on the deaths of two farmers in the rural town of Rainbow in Victoria.  They died when a windmill they were transporting on a property made contact with overhead power lines.  The deaths continue to be a difficult topic of discussion throughout the Wimmera-Mallee, as I found out over the Christmas holiday season.

The coronial inquest into the deaths of John and Michael Helyar began in Horsham in November 2010 and will continue in April 2011.  Some of the inquest reports in the local newspaper make for harrowing reading but also provide an important insight into the decision-making process that occurs at the site of a workplace fatality and one that involves close friends.

The two articles are

Coronial inquest into tragedy at Rainbow, and

Inquest hears of agonising drama at Rainbow

Kevin Jones

Quad bike safety issues continue with no end in sight

SafetyAtWorkBlog has been following the discussions about safety of all-terrain vehicles and quad bikes for some time.  This is because the use of these vehicles encapsulate so many of the issues that workplace safety needs to deal with:

  • Safe design
  • Personal protective equipment
  • Hierarchy of controls
  • The line between private activity and work activity
  • Personal responsibility
  • The “nanny state”
  • Regulatory safety guidance
  • Industry-based codes of practice

On 19 December 2010, the New Zealand Sunday Star Times ran a feature article on quad bikes, written by Amanda Cropp (I can’t find the article online but please send a link if you can) entitled “Risky Business”.  The article is a fair summation of many of the perspectives and attitudes to quad bike safety.

For those readers who like statistics, Cropp writes that

“The annual ACC [Accident Compensation Corporation] bill for quad bike-related injuries is around $7 million, and Hobbs’ claim was among 2533 in 2009, a sizeable increase on the 457 new claims accepted in 2000.” [link added] Continue reading “Quad bike safety issues continue with no end in sight”

Telling is better than being exposed

Many OHS laws place obligations on employers to notify regulators (   )  of any particularly serious (often defined) incidents.  In many jurisdictions regulators are sometimes informed of work-related hospital admissions, for instance, even if employers do not notify.  But there is substantial benefit in notifying the regulators early.

Anecdotal evidence shows that by facing up to the reality that an incident has occurred is less costly in the long term as this shows that one is aware of one’s OHS obligations and willing to apply them.

The wisdom of reporting incidents in a timely manner is perhaps illustrated by a 17 December 2010 article in The Age newspaper.  It is rumoured that incidents involving apprentice tiler Kane Ammerlaan may not have been reported to the OHS regulator in Victoria, WorkSafe.

Prompt reporting may not have been able to improve Ammerlaan’s situation relating to the fall but investigations into this possibly life-changing incident could have begun much earlier, and when evidence was easier to collate.

Ammerlaan also alleges that:

‘Through my six weeks I was constantly abused. There was a lot of verbal abuse; they’d throw stuff at me; I was shot with a nail gun on a few occasions.”

This may raise, yet again, the safety issue of the treatment of young workers and apprentices; an issue on which the community seems to require regular reminding.

Kevin Jones

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”

OHS harmonisation documents released for public comment

Late on 7 December 2010 Safe Work Australia released draft OHS regulations and Codes of Practice for public comment.  The documents released are:

According to a Safe Work Australia media release, not yet available online:

“As part of the development of the Consultation Regulatory Impact Statement (RIS), Access Economics on behalf of Safe Work Australia, is surveying businesses across a range of sizes, industries and regions in an effort to obtain data on anticipated compliance costs and safety benefits of the model Work Health and Safety Regulations.   Continue reading “OHS harmonisation documents released for public comment”

Neglect by company directors found to have contributed to death of worker

It is always fascinating to hear of directors of companies being found personally guilty for workplace health and safety breaches because it seem to happen so rarely.

The latest instance in Australia occurred on 3 December 2010 following a 2007 death of a 22-year-old rigger named Luke Aaron Murrie.  Below is WorkSafe Western Australia‘s media release on the case.

“A Malaga hoist and crane company has been found guilty of failing to provide and maintain a safe workplace and, by that failure, causing the death of a worker.

Two Directors of the company were also found guilty of breaching a section of the Occupational Safety and Health Act dealing with offences that occur with the consent or connivance of a Director or are attributable to the neglect of the Director. Continue reading “Neglect by company directors found to have contributed to death of worker”

Election failure, missed opportunities on bullying

Within the last week, Victoria’s State Premier, John Brumby, lost an election allowing the conservative parties in the Australian State to gain power, narrowly, after over a decade in isolation.  Election pledges are now only of historic interest but let’s look at a couple.

The crime of workplace bullying

According to the Australian Financial Review on 2 November 2010 (not available without subscription), John Brumby pledged to have a legal review into the “creation of the offence of bullying under the Crimes Act”.  The Victorian Chamber of Commerce & Industry‘s (VECCI) Steven Wojtkiw opposed the pledge because existing OHS laws were sufficient.  Taking the election context away for a moment indicates a  challenge for those anti-bullying advocates.  Wojtkiw is quoted as saying

“To introduce a greater level of legislative prescription in the area may only add to the increasing complexities already being confronted by employers in managing a modern workplace.”

It could be argued that if industry had already introduced an appropriate approach to reducing the likelihood of bullying in the workplace John Brumby would never have felt the need to make such a pledge.  In many cases, anti-regulation laissez-faire business lobbyists could reduce the “insidious elements of the nanny state” by doing right by their workforce in the first place.

Bullying and harmonisation

Michael Tooma of Norton Rose is quoted in the same article but Tooma uses Brumby’s pledge as an example of another but different nail in the coffin of Federal OHS reform.   Continue reading “Election failure, missed opportunities on bullying”

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