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Finger injury causes hefty new safety agenda for John Holland Rail

Comcare has instigated a hefty list of enforceable undertakings (EU) against John Holland Rail (JHR) after a contractor, Jack Wilmot, needed a finger amputated after a workplace injury.

According to the report on the Comcare website

“…an apprentice boilermaker was involved in an incident which resulted in crush injuries to his left index finger at a JHR facility located at Kewdale, Western Australia.”

Comcare’s investigation report

“found that JHR failed to ensure the apprentice, had received adequate training, supervision and instructions in the task he was undertaking when injured.”

Stephen Sasse, Director of John Holland Rail, signed off on the enforceable undertaking at the end of August 2009.

Below are some of the mandatory safety improvements

maintain the new supervisory structure implemented at the Kewdale facility shortly after the incident

implement and adapt the safer systems of work across JHR workplaces within two months of signing the EU

conduct a risk assessment of all major activities undertaken by JHR to determine and identify those which should be classified as ‘high risk activities’ (HRAs) within six months of signing the EU

eliminate where reasonably practicable to do so, all HRAs and otherwise apply appropriate control measures to the balance of the HRAs, within six months of signing the EU

provide training regarding safer systems of work to all JHR employees who undertake rail plant maintenance activities as part of their duties within eight months of signing the EU

commence implementation of the Rail Safety Business Plan 2009 at all JHR workplaces by 31 September 2009 including commencing work on each of the 28 strategic initiatives within the stated timeframes.

Some of these tasks would be impossible to undertake from scratch. A response from John Holland Rail and/or John Holland Group is being sought.

Enforceable undertakings are a feature of financial and OHS legal processes. In Queensland and Victoria an EU is

“… a legal agreement in which a person or organisation undertakes to carry out specific activities to improve worker health and safety and deliver benefits to industry and the broader community.”

John Holland Group has been proud of its OHS record for many years and has had the benefit of Janet Holmes a Court as a safety champion within and outside the company. Holmes a Court spoke of her commitment to safety at the 2009 Safety In Action Conference which was hosted by the Safety Institute of Australia (SIA) of which John Holland is a Diamond Corporate Partner ($A25,000 minimum donation).

Only last week the SIA, proudly announced a Diamond Corporate Partnership with John Holland Group which commits the company to, amongst other commitments,

“Act and work responsibly and competently at all times to improve health and safety in workplaces and ensure they do no harm.

Give priority to the health, safety and welfare of employees, employers and other workplace health and safety stakeholders in accordance with accepted standards of moral and legal behaviour during the performance of their duties.

Ensure the health, safety and welfare of employees, employers and other workplace health and safety stakeholders takes precedence over the professional member’s responsibility to sectional or private interests.

Ensure work by people under their direction is competently performed and honestly and reliably reported.

Ensure they do not engage in any illegal or improper practices.”

It is suggested that for next year’s Safety In Action Conference, the SIA asks a JHG representative to discuss the above enforceable undertakings as a case study of inadequate safety management and the related organisational and financial costs.

Kevin Jones

[Note: Kevin Jones was involved in the promotion of Safety In Action 2009]

Level crossings and safety management

Regular readers will know that SafetyAWorkBlog believes that there is little justification for road/rail crossings, particularly in metropolitan areas, and that grade separation should be the aim of any crossing upgrades. Too often governments dismiss grade separation without serious consideration because it is usually the most expensive control option. Regardless of expense, elimination of hazards must be considered in public safety policy and OHS. It is only after the elimination of a hazard is seriously considered that lower order control measures are seen to be valid.

At the moment in Victoria, there is community outrage because the truck driver involved in the deaths of 11 train passengers at a level crossing at Kerang has been cleared of any legal responsibility for the deaths. Several relatives of victims are pursuing civil action against the driver, Mr Christiaan Scholl.

The wisdom of civil action against the driver is debatable as any potential financial “win” will come from the insurance pockets of the Transport Accident Commission and not Mr Scholl. Compensation may be gained but any hope that the action could be seen as a “penalty” is false.

The Kerang rail crossing illustrates some basic OHS issues:

Worker responsibility

The Kerang level crossing had design deficiencies that had repeatedly identified by a number of government authorities, local companies and the public. The court case heard that the crossing was known to be dangerous.

In OHS, known hazards are controlled in a number of ways. Clearly the rail and road traffic was not separated and engineering controls were not introduced at the time of the incident. The owners of the crossing (and this is debated also) determined that signage was appropriate (or even perhaps “as far as is reasonably practicable”?).

Clearly signage was not adequate but there is also the issue of driver (worker) responsibility. It was mentioned in court and repeatedly in the media that the level crossing was known to be dangerous. Why then, would drivers continue to treat the crossing as if it was not? The legal speed limits remained at 100kph, at the time of the incident. The road laws clearly state that road traffic must give way to rail traffic and yet drivers have admitted to complacency.

This is perhaps the source of a lot of the community outrage in relation to the Kerang incident. The findings in favour of the driver place all the responsibility for the incident on the inadequate design of the crossing.

Working environment

As employers have responsibility to ensure a safe and health work environment, so government has a social and legal obligation to make public areas safe. Victorian governments for decades have neglected the hazards presented by inadequately designed or controlled level crossings. Governments must take responsibility for inaction just as much as taking credit for action and infrastructure improvements.

Infrastructure spending had started to increase prior to the incident but the need was sharply illustrated through the unnecessary deaths of 11 rail passengers. Many Australian governments are spending millions of dollars on rail/road crossing upgrades as a result of the Kerang incident.

Road Safety and OHS

Many OHS professionals illustrate OHS by drawing on road safety. The correlation is very poor but the attempt is understandable – most people drive, they drive within strict laws that were learnt in training (induction), and the road laws are enforced by an external body (police = WorkSafe. However, this relationship has no corresponding role for employers, who have a workplace responsibility. The road user has a direct relationship with the regulator. In OHS the role of the employer is crucial.

Perhaps the Kerang incident and other level crossing incidents could be used in brainstorming to illustrate personal accountability, employer accountability and government responsibility. It would be a worthwhile exercise to discuss whether road safety and workplace safety could share as many educative elements as some of the advocates suggest.

As with most posts on SafetyAtWorkBlog, these thoughts are a work-in-progress and debate and commentary are welcome.

Kevin Jones

Note: SafetyAtWorkBlog is not privy to any of the court evidence and must rely on media reports. More information will be presented when available.

Death of a safety leader

Last weekend Dr Eric Wigglesworth passed away after a long illness. Eric was a strong advocate for safety education and research over decades in Australia. I heard Eric speak several times in my professional career and remember being taught about his incident theories at university.

Over the last few years his profile has increased in the public sphere as he was the (only) Australian expert on the issues related to level crossing incidents.

According to a media statement issued on behalf of the Safety Institute of Australia, in which Eric was an Honorary Fellow,

“Throughout the last 60 years, Eric has been at the fore of strategic thinking in applied accident prevention. While he had many, many interests, his work on railway level crossing accidents was his passion throughout much of his professional life. Reading the recent Victorian Government Report into level crossing accidents, you could be forgiven for thinking Eric was the only one to have input to the inquiry, given how often his opinions and ideas are quoted. It is yet another testament to how highly he was respected,” according to Dr Geoff Dell, Dean of the Safety Institute of Australia College of Fellows.

“Doubtless, the strongest tenet of his career was his often-voiced belief in the need for applied, researcher-driven safety research to underpin decision-making by industry and government, and to provide the basis for effective safety education.”

I have often been critical of Australia not having a safety figurehead. Eric was the closest to such a position in academia. Now Australia needs someone to take up the role and provide it with a public face.

Let’s hope that safety professionals don’t forget the pioneers of their discipline.

Kevin Jones

FUNERAL UPDATE

Eric’s funeral will be held on 27 march 2009 at the Monash University Religious Centre, Clayton Campus, at 10.00am.

Video of Level Crossing Survivor

The Australian Broadcasting Corporation has shown a remarkable video of a Turkish man who was involved in a level crossing incident and survived.

Initially it is difficult to identify the man from the aerial perspective but the side view shows clearly how lucky the man is.

It is not the policy of SafetyAtWorkBlog to show gratuitous videos with no point. That is a role, it seems, for the internet generally. However this video has instructional uses beyond the “gosh” factor.

It is worth looking at the video and considering the following issues

Rail location
Visibility of truck driver
Isolation of pedestrians from rail and vehicular traffic
Signage

There are many other issues that could be pertinent but are not identified in the video, such as administrative policies, compliance, even behavioural safety.

In this instance it is highly unlikely that the worker complementing the hard hat with a high visibility vest would have made much difference to the outcome. But then an unfastened vest may have presented its own non-visibility hazard as a catch point for the wheel structure of the truck as it passed over him.

Please note that it is his survival which makes this video of interest but there are clear safety improvements to be made.

Political argy-bargy on level crossing safety

Earlier this week Queensland MP Tim Nicholls, of the Liberal-National coalition gave the Queensland Transport Minister, John Mickel, a serve over the $10 million program on level crossing safety by calling the response “window dressing”.

Nicholls seems more interested in political point-scoring than safety but he asks

“What has happened to all their much vaunted safety studies over the last decade. It’s about time this Government came clean and explained whether it would actually commit new funding, what ongoing rail safety programs, if any, it has and whether today’s announcement will mean money is redirected from other maintenance and safety programs.”

He points out that

“Railway level safety was included in the National Road Safety Action Plan in 2003 and the Australian Transport Council has previously described railway level crossing crashes as ‘one of the most serious safety issues faced by the rail system in Australia'”

Today, Shadow Transport Minister Fiona Simpson got the focus back to safety for political procrastination and funding arguments describing the Queensland Government’s staunch defence of its “risk model” for determining upgrades was “dangerous“.

The Transport Minister has responded with political bluster but within John Mickel’s bluster is some points worth noting.

“For example, she [Fiona Simpson] might want to familiarise herself with the research which shows that the overwhelming number of level crossing accidents are caused by road driver behaviour, and how more than half of the accidents happen at crossings where there are boom gates or flashing lights.”

Mickel goes on to say

“Under this [uniform national assessment] process a review of level crossing characteristics such as topography and visibility takes place, which is then combined with the volume of road and rail traffic. The assessed level of risk is then used to prioritise any work that needs to be done.

The approach developed by Queensland forms the basis of what is known as ALCAM – the Australian Level Crossing Assessment Model – which has now been accepted by all state Transport Ministers as the method to be used to evaluate railway level crossings across Australia.”

ALCAM is receiving a great deal of attention through the Victorian Parliamentary investigation into level crossing safety.

The need for uniform assessment processes is worthy but decisions on upgrading government infrastructure always considers the political imperatives, some would just, just as strongly as independent scientific advice.

Over decades workplace safety has developed assessment processes based on a range of techniques from plain observation to QRA, FEMA and many others. Only recently has OHS got to the point of realising that greater and longer-lasting safety can be achieved through designing workplaces safely from the beginning rather than trying to achieve safety through retrofitting. Recently in Australia, there is a growing movement to apply safety case techniques to workplaces that are not high-risk organisations.

Level crossing incidents, as do workplace fatalities, indicate that there was something not right with the initial design or that necessary safety improvements were permitted to lag behind the status and technology of the users of the facilities. The fact remains that there are too many unsafe level crossings in Australia and each fatality is generating a reactionary government response rather than instigating true leadership.

Different political approaches to level crossing safety

In the Melanie Griffiths movie, Working Girl, her character gained inspiration by linking an article in the social pages of a newspaper with a business article in the paper, much to Sigourney Weaver’s professional embarrassment. This week SafetyAtWorkBlog received a similar confluence of information.

Following a fatal level crossing collision in Queensland between a passenger train and a garbage truck, the latest in several crossing incidents, the Queensland Transport Minister, John Mickel, issued a media statement outlining his plans.

QR [Queensland Rail – a government-owned rail company] will target priority level crossings in North Queensland with $10 million approved today to start work immediately on implementing improvements identified by a joint QR Task Force involving train drivers and rail unions.
QR will also step up its community education and public awareness campaigns about the need for motorists to be vigilant when using level crossings.
Transport Minister John Mickel said the urgent funding allocation and expanded community education campaigns would put greater focus on the on-going issue of level crossing safety.

A similar type of announcement was made over 12 months ago by the Victorian Transport Lynne Kosky. In The Age on 6 January 2009, an article reported that the government has agreed to provide the roads authority with a $700,000 grant to paint

“new yellow markings at more than 50 intersections around the city.”

Connex [a private rail company whose contract is up for renewal] has reported a big increase in near misses at level crossings in 2008 at the same time it

“demanded the Government prevent cars queueing dangerously on roads at rail crossings after drivers and other Government agencies reported the rising problem.”

The yellow markings are to “indicate cars must not stop there”.

Apparently the government believes that drivers who push through traffic and get stuck on a clearly signposted level crossing are more likely to change their behaviour because there are now yellow lines painted on the road. The hierarchy of controls is not big in government policy thinking.

The New South Wales government (the State between Queensland and Victoria) instigated a program of grade separation in the 1930’s almost eliminating the problem of collisions. This required a vision of the future that is no different from the current circumstances – more people, more vehicles, more demand for public transport. That government chose to plan for the long-term benefit of the community that live beyond the next election cycles.

Let’s hope that the Queensland government looks for sensible safety planning from the State next door and not the one down South.

Kevin Jones

The following links on Victorian rail crossing incidents can be used as a starting point for a greater understanding of the safety and political issues:

St Albans

Ambulance Officer

Kerang

Kerang Investigation Report

Deaths in isolated work camp from tropical storm

It is relatively easy to manage a workplace in an urban environment. The buildings stay in one place, the neighbours are almost always the same and the weather bureau provides plenty of warnings. But in isolated areas, particularly in Australia, it seems the work environment is often more exposed. Certainly this was the case in mid-March 2007 when Cyclone George hit a railway construction camp killing several workers and injuring twenty.

The camp accommodation of demountable units, called dongas, were supposedly cyclone-proof. At the time, the Construction Forestry Mining and Energy Union said that administrative staff were evacuated but construction workers were directed to the dongas.

The owner of the worksite, Fortescue Metals Groups said on 11 December 2008 that it will fight 40 charges brought by Worksafe WA under the West Australian Occupational Health and Safety Act.

According to one media report:

“The charges include the failure to provide a safe work environment, failure to design and construct temporary accommodation and other buildings capable of withstanding a cyclone and failure to properly instruct and train workers.”

The installer of the demountable buildings, Sunbrood, had all charges dismissed.

The court case will continue in Western Australia in February and March next year.

Category: railroad

Finger injury causes hefty new safety agenda for John Holland Rail

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Level crossings and safety management

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Death of a safety leader

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Video of Level Crossing Survivor

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Political argy-bargy on level crossing safety

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Different political approaches to level crossing safety

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Deaths in isolated work camp from tropical storm

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