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Imperial Sugar explosion update

Last month America’s 60 Minutes broadcast an article on the explosion at the Imperial Sugar plant (pictured below) in Port Wentworth which killed 13 workers and hospitalised 40. On 25 July 2008, the Occupational Safety and Health Administration (OSHA) issued citations proposing penalties totalling $8,777,500 against the Imperial Sugar Co. and its two affiliates alleging violations at their plants in Port Wentworth and Gramercy.

The US Chemical Safety Board (CSB) has released some details about its appearance at the US Subcommittee on Employment and Workplace Safety, Senate Committee on Health, Education, Labor, and Pensions, on 29 July 2008. (Transcripts and video are available HERE)

CSB Chairman John Bresland said the tragedy demonstrates the need for a new OSHA standard that would cover a range of industries exposed to this hazard, such as food, chemicals, plastics, automotive parts, pharmaceuticals, electrical power (where generated by coal) and others.
According to the CSB, Chairman Bresland told the subcommittee, chaired by Sen. Patty Murray of Washington,

‘After witnessing the terrible human and physical toll from the Imperial explosion, I believe the urgency of a new combustible dust standard is greater than ever. A new standard, combined with enforcement and education, will save workers’ lives.’
‘We obtained documents indicating that certain parts of Imperial’s milling process were releasing tens of thousands of pounds of sugar per month into the work area. Based on our evidence, Imperial did not have a written dust control program or a program for using safe dust removal methods. And the company lacked a formal training program to educate its workers about combustible dust hazards.’

Bresland emphasised the need for a uniform Federal standard:

‘Instead of the present patchwork of miscellaneous federal, state, and local requirements, the Chemical Safety Board has recommended that OSHA develop a single, comprehensive, uniform standard – based on the sound, consensus-based technical principles and practices that are embodied in NFPA standards,’ Chairman Bresland said. ‘Ambiguities in the NFPA standards need to be resolved in clear, enforceable regulations developed by a thorough, public rulemaking process.’

Would you fire someone who could fire back?

Any gun issue in the United States comes down to the right to bear arms but what happens when that right conflicts with the employers’ obligations to provide a safe working environment and one without risks to health.

On 9 April 2008 Reuters reported on a new law in Florida that allows employees to take their guns to work. The law would “prohibit business owners from banning guns kept locked in motor vehicles on their private property.”

The law has now been tested at Disneyworld and NPR provides an audio report on the issue.

Beaconsfield Coronial Inquest Walkout

On 22 July 2008 the Tasmanian Coroner continued with his inquest into the death of Larry Knight at the Beaconsfield mine on 25 April 2006. Shortly after the start the legal team representing the mine walked out. Newspaper, radio and TV have covered this extraordinary development. Other reports in SafetyAtWorkBlog told of the lawyers’ attempts…

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OHS in the 1970’s

Matthew Knott’s article in the Australian newspaper (21 July 2008 ) included telling comments from Barry Willis, a 64-year-old former maintenance worker at Amberley air force base. The article says

“workplace health and safety was non-existent: open cans of chemical sealant were stored in the refrigerators where the men kept their lunch.”

I have been critical of the military in the past as they are usually well-sourced on OHS and often speak proudly of their approach to safety. Yet just as with the BlackHawk Inquiry findings criticising the safety culture, Barry Willis saw no safety culture in the 1970s.

At the risk of sounding like an old grump, working in that decade was under a different set of cultural rules. Modern OHS legislation was being considered by most Western jurisdictions and industrial diseases were coming to the fore. In the early 1980’s I worked in industrial relations concerning award restructuring. One of the first elements to be restructured was allowances, many of them accurately described as “danger money” – removing roadkill, working at heights, confined spaces and a range of other hazards.

It can be argued that modern salary levels incorporate allowances for hazardous work but the issue of immediate compensation for a dirty or hazardous job, hopefully, has had its day.

Sadly, for people like Barry Willis, the consequences of a hazard, known or discounted, continue and the struggle for acknowledgement and compensation continues.

“Reasonably Practicable” – alternative perspective

A developing sticking point in the review of Australia’s OHS laws is the inclusion or otherwise of “reasonably practicable”. This is an important legal concept but less so for safety management. Safety management is an aim and legislative responsibility and compliance is ill-defined. “Reasonably practicable” was an acknowledgement of the difficulty in complying with a…

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OHS Law Review and the International Labour Organisation

Several submissions, from those currently publicly available, to Australia’s National OHS Law Review have referenced OHS conventions of the International Labour Organisation (ILO). It is early days in the process of assessing submissions and one would expect more details on ILO Conventions to come from submissions of the ACTU and ACCI, both members of the…

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Coroner to investigate safety management of Beaconsfield mine

A front page report in the The Australian on 9 July 2008 is reassuring safety professionals who had hoped for OHS management details from the Tasmanian Coroner’s inquest into the death of Larry Knight at the Beaconsfield mine.

According to the report

Coroner Rod Chandler yesterday ruled against the mine’s submission that he should simply adopt the findings of the official Melick report into the Anzac Day rock-fall in 2006 that killed Knight and trapped colleagues Brant Webb and Todd Russell underground for 14 days.

Mr Chandler also ruled against the mine’s fall-back position that any inquest should be limited to geo-technical issues.

Instead, he ruled he would also examine risk management at the mine, which was criticised by an expert’s report, the mine’s “financial situation” and the role of Tasmania’s work safety watchdog.

This puts the inquiry iinto the realms of the Sago mine investigation and many other mine fatality inquries.

The full inquest resumes on 22 July 2008.

Category: law

Imperial Sugar explosion update

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Would you fire someone who could fire back?

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Beaconsfield Coronial Inquest Walkout

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OHS in the 1970’s

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“Reasonably Practicable” – alternative perspective

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OHS Law Review and the International Labour Organisation

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Coroner to investigate safety management of Beaconsfield mine

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