New Zealand – Page 7 – SafetyAtWorkBlog

Of stunning, short-lived cactus flowers and quad bikes

The smoke from the mine:

It has been a frighteningly bad month in the mining industry internationally. OHS meetings I attended during this period have been hushed as a result of the New Zealand tragedies. Discussions about OHS have become more pertinent and more accurate – for the time being. But this, like stunning but short-lived cactus flowers, will quickly disappear.

Because I’ve had close involvement with the Beaconsfield Gold Mine rockfall that killed Larry Knight, and years earlier with the Esso Longford explosions and fires in Victoria, the CrossCity tunnel fatality in Sydney… and many other tragedies or near misses, such events, like a sudden cramp, re-focus my thinking on current issues. Another OHS failure that we didn’t stop.

Quad bike safety:

One such issue I’ve been involved in for some time has been the quad bike safety issue. The fatality statistics I have on these machines in Australia show that over the last 10 years 13 people (on average) are killed per year. 130 people, most of whom, the industry will have you believe, were ‘mis-users’ of the machines (see below). The trend is up not down.

I have just resigned from the TransTasman Quad Bike safety committee created by the regulators last year. The OHS and quad bike interest group in the community may be interested in some of the difficulties I see with the current work on this issue.

The obvious and useless in practice:

I think a much greater degree of transparency and openness – including a high level public conference – ought to take place. And neither the regulators nor industry will be interested in that; Continue reading “Of stunning, short-lived cactus flowers and quad bikes”

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”

Death at work differs from work-related death

Often immediately following an incident, the safety manager receives a brief phone call “There’s been an accident.” Information is scarce and, in my experience, often wrong or more fairly inadequate. in OHS there will always be an assumption that an injury or death is work-related as that is our patch but people die every day and they can die anywhere, even in your workplace. Is this a workplace incident? Yes. Is it an occupational incident? not necessarily.

It is vital in those first moments of confusion and panic, not to jump to conclusions and rush out to the incident site. If it is your responsibility you will become involved but often, by asking a few simple questions, you are able to avoid this confusion and avoid worsening the situation by “butting in” where you are not needed.

I was reminded of this when reading about a coronial inquest into two suicides that occurred at an Australian shooting range in October 2008. These two incidents occurred at a workplace but not from work-related activities. There may have been some workplace management issues that, in hindsight, relate to supervision or security but these are the type of issues that the Coroner will investigate.

The deaths are reportable to the OHS regulators as they occurred on a workplace but it is unlikely that the regulator will put a lot of resources into the investigation given the Police and Coroner are investigating.

Update on New Zealand cool store explosion

On 15 December 2009, a New Zealand Court penalised two companies and a director with fines totalling over $NZ390,000 over an explosion in a coolstore that result in the death of one firefighter and injuries to others. In the comments section of a previous blog article the following questions were put to the New Zealand Department of Labour (DoL). Their responses are included below Continue reading “Update on New Zealand cool store explosion”

NZ announces inquiry into the safety of farm vehicles

The New Zealand Department of Labour (DoL) has announced a period of public consultation on its OHS guidance on the safe use of off-road vehicles. The process will include a review of “Safe Use of ATVs on New Zealand Farms: Agricultural Guideline” publication.

Interestingly the DoL says it

“is looking to extend this publication to apply to the agricultural, forestry and adventure tourism industries.”

There is a potential for a considerable broadening of OHS issues but this may be hampered by the scheduling of the public consultation. The DoL public commentary period closes on February 13 2010. Both Australia and New Zealand are in Summer holiday mode and many companies are closed down for several weeks in January or operate on a skeleton staff. SafetyAtWorkBlog has commented on this trend for short consultative periods over the Christmas break previously. Continue reading “NZ announces inquiry into the safety of farm vehicles”

Orewa College explosion update

The New Zealand Department of Labour has released a media statement about the prosecution reported on yesterday but

“The Department will not name either the parties or the specific charges until the charges reach court.”

This may be an indication of the political sensitivities of the prosecution.

A representative of the Orewa College Board of Trustees, Phil Pickford,was interviewed by New Zealand Radio on 21 December 2009. The interview is available online.

Pickford states that he is proud of the OHS systems that are in place at Orewa College and places Orewa in the top 10% of schools for OHS performance.

It is difficult for anyone to make public statements on an OHS prosecution without knowing who has been charged and with what.

From SafetyAtWorkBlog’s perspective, regardless of any action taken by the DoL, it would have been expected that both the school and the Education Department would have undertaken their own investigations in to the death of one of their own employees, if for no other reason than to stop a similar occurrence in other schools.

A TV report of the explosion from mid-2009 is available online.

Kevin Jones

Boiler death puts OHS spotlight on New Zealand Education Department

Reports are coming out of New Zealand that representatives of the Education Department are uncomfortable with being charged under the country’s OHS legislation following a fatal boiler explosion at Orewa College.

On 24 June 2009, a boiler exploded at Orewa College in Northland, New Zealand. Initial media reports said that the boiler was being repaired the day after a malfunction. Rough phone video taken by one of the students during the evacuation is available online.

Richard Louis Nel received burns to 90 per cent of his body and later died. A contractor, Robin Tubman, suffered a fractured skull and a shattered face.

The Department of Labour indicated shortly after the event that an investigation had begun but the Board of Trustees chairman Phil Pickford has questioned the delay in the prosecution. According to one media report, Pickford said:

“On December 24 it will be six months since the tragedy and here we are at the 21st… They have to prosecute within six months and they have left it to the last minute. Why? I could surmise why, but I’m sure there’s another way they could have done it.”

SafetyAtWorkBlog contacted the NZ Department of Labour on 21 December 2009 for further information about the prosecution. All the spokesperson would say is that “the outcome of the investigation is still being finalized”.

The belief that schools are not covered by OHS legislation is a common misperception in Australia and, from what one NZ SafetyAtWorkBlog reader says, New Zealand also. Partly this is because the education of children is seen as the principal focus by teachers and educators, to the exclusion of all else. Modern businesses and institutions have slowly learnt that this is not the case and that there are a wealth of obligations, legislative and social, that apply. Educational institutions are often slow to acknowledge this reality.

Another reason, which may stem from the first, is that government departments have been very hesitant to prosecute each other. This may also be supported by the political conflicts that could arise by one politician’s department taking action against another politician’s department. Politicians should not take the credit for departmental achievements and then not be held accountability for failings (although this seems to happen frequently).

In August 2007, The Education Department in Victoria was fined $A8,000 for ignoring the directions of a WorkSafe inspector. The media statement on the case illustrates a dismissive attitude to OHS issues.

Of more significance were issues at Merrilands College where “a Victorian principal accused of bullying has been removed from school and given a job in the Education Department after years of complaints by staff” according to The Age in July 2004. The issues at Merrilands had been occurring for some time:

“It was also revealed that the Education Department – which confirmed there had been “Worksafe (sic) issues” at the school in the past – had known about the allegations since 2000, when 12 teachers wrote to the department after a staff member died of a heart attack that some believed was linked to workplace stress.”

According to the same media report

“WorkCover recently issued an improvement notice against the department following allegations of bullying and harassment at two other schools in the northern suburbs.”

To some extent the Orewa College explosion is a more straightforward prosecution because the incident came from an equipment failure and did not relate to the teaching staff or students. The administrative staff are likely to be asked about maintenance schedules, particularly after other schools in the area had their boilers inspected with several found to be less than perfect. It is likely that the prosecution by NZ DoL will illuminate the plant maintenance procedures of secondary colleges but, perhaps of more long-lasting significance will be the attitudes of the education department and school representatives on show in court.

Kevin Jones

Category: New Zealand

Of stunning, short-lived cactus flowers and quad bikes

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OHS harmonisation documents released for public comment

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