Category: Inspectors

Operating cranes without a certificate costs $13,500

Only a day or two after writing about fines applied in Victoria over ignoring improvement notices from OHS inspectors, a similar case has been reported by SafeWork South Australia.

According to SafeWorkSA:

“Gillman-based Adelaide Ship Construction International Pty Ltd was fined $13,500 after pleading guilty to failing to comply with three Prohibition Notices issued by SafeWork SA.

The court heard how in September 2006, the shipbuilder’s managing director continued to operate a mobile crane and elevated work platform after removing the yellow “Do Not Use” tags placed on them by inspectors.

The Prohibition Notices were issued as a result of the lack of inspection records and logbooks for the machinery, and the managing director being unable to produce a certificate of competency to operate the crane.”

Continue reading “Operating cranes without a certificate costs $13,500”

Compliance campaigns not toothless

Regularly Australian OHS authorities announce campaigns in certain regions or for certain industries.   To some extent these campaigns are about raising awareness of OHS issues but the fieldwork by inspectors does have some real benefit for some employers and workers.

Often these campaigns result in scores of improvement notices being issued.  Safety improvements are a major part of this inspectorate activity so, to some extent, the more notices, the better.  But notices aren’t advisories, they are directions that require action. Continue reading “Compliance campaigns not toothless”

Politics and safety in California

Workplace safety, as is any legislation, is subjected to the political whims and decisions of whichever political party is in power at the time.  In Australia, John Howard’s conservative government almost halved the already meagre budget of the National OHS Commission, stopping many of the programs of national OHS uniformity that are now being resurrected by the Labor Government of Kevin Rudd.

On 14 January 2010 an investigative report into the operation of Cal-OSHA by KCET says that there was a marked change in the enforcement policies of Cal-OSHA shortly after the election of Republican Arnold Schwarzenegger as Governor of California. Continue reading “Politics and safety in California”

Changing the OHS guard

John Merritt is leaving WorkSafe Victoria to head up the Environmental Protection Authority.  Nothing special in such a move as such progression is part of many senior executive public servant’s career plans.  But Victoria’s politicians have started to use this change for political point-scoring on the basis that Merritt is married to Victorian parliamentarian, Maxine Morand.

This is unfortunate but not surprising.  The political argy-bargy implies that John Merritt is undeserving of his new appointment and this is not the case.

I have met John Merritt over a number of years and from before he became the executive director of WorkSafe in 2001.  During his time with the National Safety Council of Australia, there was an air of optimism in this moribund organisation, the same air he brought to WorkSafe.  I interviewed him regularly

Continue reading “Changing the OHS guard”

Cabinet-making compliance

In March 2008, in Western Australia, a 22-year-old worker was crushed to death when a stack of veneered chipboard sheets toppled onto him.  This sparked an audit campaign of the cabinet-making industry in 2009 by WorkSafe WA about which some results were released on 12 January 2010.

Such results are not often covered in this blog but the number of improvement notices provide a useful summary of the persistent hazards present in this industry and on machinery that is used in a variety of workplaces. Continue reading “Cabinet-making compliance”

Potential risks of investigating workers compensation cases

According to a several media reports in the United States, a private investigator, Matthew Brady, who was investigating a workers compensation case whilst hiding in the woods was mistaken for a turkey and shot by the man he was investigating.  Brady was operated on in the local hospital.

As the Workers Comp Insider Blog states:

“Investigator Brady was hit in the side, back and legs.  He underwent surgery and presumably filed his own workers comp claim for what is surely a work-related – if highly unusual – disability.”

Kevin Jones

This may not work for OHS but why not?

On 9 November 2009 public submissions close on Australia’s model OHS Act but the move for harmonisation and, hopefully, a simplification for business and government continues in other areas.

The Australian Transport Council (ATC) met on 6 November 2009 and agreed on many Council of Australian Governments (COAG) matters concerning unnecessary bureaucratic duplication:

“ATC agreed to recommend to COAG that South Australia would be the host jurisdiction for the national rail safety regulator.

ATC also agreed to recommend to COAG that a host jurisdiction for the national heavy vehicle regulator be agreed, noting that New South Wales, Victoria and Queensland have expressed interest.

It was agreed that the Australian Maritime Safety Authority will be the national regulator for maritime safety, responsible for regulating commercial vessels. This is a significant step towards national uniformity.”

There were several other initiatives mentioned – level crossing safety, a National Road Safety Council, minimum standard for taxi drivers.

But the recommendations above decentralise some of the bureaucracy.  At the HR Leaders Awards recently, the CEO of Carnival cruise liners, Anne Cherry, said that many public servants exist in a unique policy environment of the capital city, Canberra, and the policies reflect this.

SafetyAtWorkBlog would like to suggest a change that could occur within the enforcement parameters of the OHS model law review.

Let’s consider a national mine safety regulator with offices located in each of the mineral resources regions of Australia.  Could transport regulators have offices within, or just outside, major port facilities?  Major hazards regulators in major hazards zones?

There is much information bandied around about flexible working arrangements and the use of new technology to unite isolated workplaces.  How radical would it be to split the centralised OHS regulators’ offices into hazard-based offices in rural, regional and suburban locations?  The inspectors would be adjacent to the hazard locations for enforcement and the advisers are on hand for assistance to industry.  The locations could even be seasonal to deal with seasonal industries and labour forces.

OHS enforcement policies would remain the same, only the place of implementation and coordination would change.

Most OHS regulators already have a a couple of regional offices but mostly these remain in the outer suburbs of the capital cities.  Some entire departments have relocated to satellite towns for cost reasons but also to provide employment opportunities outside the major population centres.

Could OHS be regulated and enforced across a country the size of Australia and through the major industrial and resource structures, without the concentrations of policy-makers and inspectors in city offices?

Kevin Jones

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