When information supply is NOT consultation

In Australia there is a purposely created commonality between the developing OHS law and industrial relations law on certain issues.  Consultation is one of those matters and, although a decision by the Federal Court of Australia on 11 June 2010 relates to the Fair Work Act, safety professionals and business owners should take note.

On 22 June 2010, Justice John Logan fined Queensland Rail $A660,000 for not consulting its workforce on the company’s privatization plan which would have affected employees’ jobs. (An ABC podcast of the matter is available online)  One media report paraphrased Justice Logan:

“[he]told the court that workers were never given the opportunity to discuss if they would be moved into the new private business, how the privatisation would occur, or if they wanted privatisation in the first place.”

The most pertinent comments from 11 June 2010 judgement by Justice Logan are also quoted in various media reports:

“This change so radical, a breach so comprehensive, the occasion for consultation so obvious that anything less than maximum penalties would not do justice to the case and the need to ensure public confidence in the adherence to industrial relations bargains.”

The Australian quotes Justice Logan as saying

“Benign dictatorship is not to be equated with consultation…” Continue reading “When information supply is NOT consultation”

The contract for building safe trains is a “dud” according to CEO

The Australian business newspapers and websites are all reporting on the  “dud” contract that Downer EDI has been saddled with over the construction of 78 eight-car trains for New South Wales’ RailCorp.  Market analysts say that company has lost $A1.7 billion in value this year.

CEO Geoff Knox, a man in genuine risk of becoming unemployed, is quoted as saying:

“We do seem to be able to build trains successfully and make good money on other states in this country, but in this state we seem to not do well and others seem to not do well…”

Others can discuss the financial problems of Downer EDI but Knox seems to only look at the contract rather than the reasons behind the “time consuming” design requirements of the contract – The Waterfall rail disaster of January 2003, the commission of inquiry’s reports and the government’s promises.

Continue reading “The contract for building safe trains is a “dud” according to CEO”

Mining company trial set over cyclone deaths

Further to the SafetyAtWorkBlog article about the prosecution of Fortescue Metals Group, The Australian newspaper reports on 28 April 2010 that the trial will start tomorrow.

The article states that

“Lawyers for the Department of Commerce — prosecuting the case through WorkSafe — successfully argued the site was not a mine and was instead a camp for workers constructing a railway to transport iron ore.”

The company was arguing that the site was a mining support site and that its contractors were responsible.

Interestingly the Magistrate, Joe Randazzo, wants a definition of “safe refuge”.  This may lead to a reconsideration of the use of dongas, or temporary accommodation units, in areas of extreme weather conditions.  There is the potential for safety improvements from this case and not just  a punishment.

Kevin Jones

Fortescue Metals contests cyclone deaths

In December 2008 Fortescue Metals Group said it would contest charges it breached OHS laws over the death of two people.  In April 2010, it is seeking to avoid the charges.

On March 9 2007, tropical cyclone George hit a camp site in north-west Australia killing two people and injuring others.  The temporary accommodation shelters, “dongas”, in which workers were sheltering provided insufficient protection for many workers.

According to one media report on 12 April 2010, the lawyer for FMG,  John Karkar,

“…. said his clients’ operations were governed by the Mines Safety Inspections Act because the Pilbara camp was built for the accommodation of mine workers and workers who were building a railway line which was to be used to transport iron ore.” Continue reading “Fortescue Metals contests cyclone deaths”

Government can do much better on level crossing safety

The Victorian Government is likely to say the Auditor-General’s report into “Management of Safety Risks at Level Crossings“, released on 24 March 2010, supports the government’s initiatives.  This is true but the report says much more than just describing the State Government’s efforts as “satisfactory”.  (If my child’s report card said satisfactory, I would be talking to the teacher about why the performance was only “satisfactory”)

The report summary says the following:

“The rate of progress in improving safety and reducing accidents has been satisfactory.  There are, however, elements of the risk management framework and its application that can be improved.”
These elements are specified as
  • “improving how the committee is informed of the views of the rail managers, who run train services and maintain the infrastructure, about their risks and priorities
  • assembling information that will allow the committee to effectively manage and monitor the delivery of the Towards Zero strategy
  • improving the understanding of what causes level crossing collisions.” [link added]

Clearly the Parliamentary committee is not getting the full risk story from the rail managers. Continue reading “Government can do much better on level crossing safety”

Level crossing investigation reports

The Victorian Auditor-General is conducting an investigation into the “management of safety risks at level crossings”.  Victoria’s Coroner is also investigating several, of the many, deaths at level crossings.

According to the Auditor-General’s website the level crossing report will be tabled in Parliament next month.  It is understood that the three nominated level crossing hearings of the Victorian Coroner will commence sometime in 2010. Continue reading “Level crossing investigation reports”

Big fine for Queensland Rail – big risks in rail

Almost two years ago, two rail workers died in Queensland.  According to the official report into the  incident:

“At approximately 1056 on Friday 7 December 2007, two QR [Queensland Rail] Infrastructure Services Group (ISG) track workers were fatally injured as a consequence of being struck by a track machine (train) at Mindi, approximately 130 kilometres south-west of Mackay.

The collision occurred when Track Machine MMA59, in the process of conducting track resurfacing work on the Down line at Mindi, commenced a routine reversing movement.

During the process, two QR Systems Maintenance personnel, working on the same track and behind the track machine, were struck and fatally injured by this track machine.

Analysis of evidence and conditions surrounding the accident revealed:

  • An overall lack of compliance with elements of the QR SMS at the Mindi site; and
  • Inadequate communication and coordination between workgroups at the Mindi site.”

On 26 November 2009, Queensland Rail was fined $A650,000 over the deaths.  The fine is only $A100,000 below the maximum fine applicable.  According to a media release about the fine:

“The Workplace Health and Safety Queensland investigation found that QR’s safety management systems were inadequate for managing the separation of workers and plant, particularly when both were within the same section of track between signals.

It also found that QR knew the systems were inadequate and not working because it had been highlighted to management in a series of audits.”

Not only were Queensland Rail’s safety management systems inadequate, Queensland Rail knew they were inadequate because a series of audits had told it so.

Railway in Australia and elsewhere is one of the most regulated industries.  It is also one of the industries with the most prescriptive set of rules.  It is a complicated business but one where hazards are known and systems are in place to control these hazards.

The extent of QR’s failure to operate safely can be illustrated by some of the many recommendations made in 2008 by Queensland Transport:

  • The necessity for consistent and effective Worksite Safety Briefings by ISG personnel;
  • Preconditions to the reversal of vehicles in accordance with QR safeworking requirements;
  • Responsibilities and training syllabi for ISG Resurfacing personnel;
  • The necessity for pre-departure safety checks on ISG trains;
  • Provision of safe separation and segregation between ISG track workers and trains;
  • ISG SMS compliance monitoring, at the local level;
  • Fatigue management within QR, and in particular ISG rostering;
  • Management of the perceived relationship between ISG and Network Control;
  • Awareness of the priority of safety over commercial pressures by remote ISG staff;
  • Distribution of safety communications and documents within QR;
  • Representation for relevant stakeholders in operational change management processes;
  • Risk and change management training for ISG operational personnel;
  • Safety risks presented to ISG through the permanent coupling of track machines;
  • The safety value to QR of an enhanced and transparent reporting system;
  • The management of ISG district staff relationship issues; and
  • ISG and Network Access radio protocol compliance monitoring.

Many elements are familiar to other investigations in rail and other industries – fatigue, on-site communication, training, segregation, document control and distribution, local compliance enforcement, transparency in reporting…..

On 10 September 2008, the QR CEO Lance Hockridge said:

“When I arrived in November 2007, I found an organisation with a safety record that was improving but not what it should be.  Only three weeks later we had a very tragic reminder of this when work colleagues Jamie Adams and Gary Watkins were killed at Mindi.

“Organisations hoping to achieve meaningful change must firstly be honest with themselves – we need to confront this reality and make the changes required.”

Queensland Rail did not face the reality of problems identified by safety auditors and two workers died.

The news of the record fine came at a time when the ownership of  Victoria’s metropolitan rail network has changed from Connex to Metro.  Victoria has a stressed rail service but has managed to avoid the controversy of  Queensland Rail and RailCorp in New South Wales but this has been through luck rather than good management.  The Victorian Government, and particularly the Transport Minister, Lynne Kosky, needs to read the Waterfall Inquiry report and the Queensland Mindi report to understand the personal, economic and political cost of not having a tightly managed, functional rail safety regime.  Having been in power for just over 10 years, this government now owns all the Victorian problems and must account to the electorate for not fixing them.

The political risk was summarized in an editorial in The Age on 30 November 2009

“In September, a Senate report into federal funding of public transport found Melbourne’s network was badly managed in comparison with Perth’s government-operated system.  A key problem was lack of accountability: it was unclear who was in charge.  The consequences of the lack of an overarching transit authority to oversee the whole system are clear…..

New operators of trains and trams in new livery will struggle to deliver acceptable service unless the Government makes good its past neglect of infrastructure.”

The fact that the Victorian rail system is being privately operated will not be an acceptable shield when the first passenger train crashes with a jam-packed peak hour cargo.

Kevin Jones

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