state of knowledge – Page 24

Forklifts, penalties and Industrial Manslaughter

A lot of occupational health and safety (OHS) people, including lawyers, were watching the court case involving Brisbane Auto Recycling (BAR) for the Industrial Manslaughter sentence, but there is a more important, practical lesson from this case involving forklifts and the positive duty of care.

One Queensland newspaper reported on June 11. 2020 stated that the BAR has been fined $3 million and the two company directors, both in their twenties, received 10 months imprisonment, wholly suspended. (The judgement is not publicly available at the time of writing)

According to the prosecution case the incident involved

“….. a worker engaged by BAR … was struck by a forklift which was being reversed by another BAR worker…”

and

“BAR had effectively no safety systems in place. It has no system to ensure the separation of pedestrians and forklifts, which were commonly in the same work areas, and it had no system to ensure that the workers who drove forklifts were appropriately qualified and supervised. It is principally through those failures that BAR caused the death of Mr Willis.”

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Dave Clarke

One indication that the Australian Institute of Health and Safety (AIHS) is a different beast to the Safety Institute of Australia is the willingness for its CEO, David Clarke, to speak honestly about occupational health and safety (OHS) issues. In early February 2020, Clarke spoke at a breakfast seminar about Australian Standards, “the false promise of harmonisation”, engagement and leadership.

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Deaths of Health Care workers from COVID19

A doctor in a protective suit taking a nasal swab from a person to test for possible coronavirus infection

The theme for most commemorations on April 28 is the COVID19 pandemic. This is understandable as the pandemic has disrupted lives and economies globally and many people have died. Perhaps the most tragic of these deaths are those of medical and healthcare staff who have contracted the infection through their work. The largest public outrage over this situation has been in the United Kingdom, but a similar situation could easily have occurred in Australia, New Zealand and elsewhere if those governments had not acted as quickly as they did or were less better prepared.

Some research has already commenced on healthcare worker infection deaths showing important initial clues on how governments, hospitals and medical employers can do better.

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Australian OHS guidances for COVID19

Every occupational health and safety (OHS) man and their dog is providing advice about how to manage the COVID19 pandemic. The only advice this blog has offered is to target your sources of information about managing the risks to your local health department or OHS regulator. This information is changing all the time in response to new information but there are a couple of OHS guidances that are worth paying close attention to.

New gendered-violence guide is good on the What but thin on the How

Australia’s trade union movement has been at the forefront of many of the occupational health and safety (OHS) changes, especially workplace stress and bullying. Other than Industrial Manslaughter laws, its most recent campaign targeted to a workplace hazard has revolved around work-related gendered violence. Last week WorkSafe Victoria released a guide to employers on “work-related gendered violence including sexual harassment”. The advice in this guide is good but does not go far enough and is less helpful than it could have been.

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“…the first thing you are going to want to do is organise the earliest survivors… into delivery people”

In 2005 I was able to interview prominent risk communicator, Peter Sandman. It was a time of pandemic threats from Avian Influenza, or “Bird Flu”, and we talked about pandemics, their complications and their management. The virus situation has progressed enormously from 2005 to today’s announcement by the World Health Organisation of a coronavirus pandemic but I provide access to this interview to offer a different and historical perspective on the current outbreak of coronavirus. I also had to include my tips for managing coronavirus in Australian workplaces.

Of most interest and relevance, perhaps, is this statement from Peter Sandman:

“If you really think there is going to be a severe pandemic, the first thing you are going to want to do is organise the earliest survivors, the people who get the flu and don’t die, into delivery people. Then they can deliver food and fuel and everything people need so that everyone else can stay home .”

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Can poor safety management = negligence?

L to R: Catherine Dunlop and Dale McQualter

In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:

“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”

A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.

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Category: state of knowledge

Forklifts, penalties and Industrial Manslaughter

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Dave Clarke

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Deaths of Health Care workers from COVID19

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Australian OHS guidances for COVID19

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New gendered-violence guide is good on the What but thin on the How

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“…the first thing you are going to want to do is organise the earliest survivors… into delivery people”

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Can poor safety management = negligence?

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