The Australian Government looks to apply “above-the-line” safety to quad bikes

At the end of August 2012, Australia’s Minster for Workplace Relations, Bill Shorten, released a discussion paper on quad bike safety. The intention of the discussion paper is a:

“…calls for submissions on potential improvements to quad bike safety to reduce the alarming rate of quad bike fatalities and injuries….

The comments received will be discussed at a one day forum between all levels of government, farming organisations, unions, industry and community groups to be held in October 2012.”

The paper is fairly thin on details and is certainly not like other discussion papers which present a current state of knowledge or present a set of circumstances that comments are wanted on.  But most of the quad bike safety research is readily available on the internet so, perhaps Minister Shorten is acknowledging this reality and the intelligence of those interested in this issue. The paper poses the following questions: Continue reading “The Australian Government looks to apply “above-the-line” safety to quad bikes”

Extraordinary duty of care prosecution over a near miss

Near miss events, or “close calls”, are important opportunities to review safety and work processes.  In fact they can be the best opportunities as the participants and witnesses are still alive and can provide detailed information on the mistakes, breakages or oversights.  But rarely are companies prosecuted for near misses.

In Western Australia, a company has been found guilty of breaching its duty of care after two of its workers were lost for almost a whole day, and was fined over $A50,000, the highest fine of this type.  The near miss is almost comical and at least one newspaper has described it as a “comedy of errors“, except that it could easily have resulted in tragedy.  WorkSafeWA’s (long) media release, provides the details:

MAXNetwork was contracted to the Department of Education, Employment and Workplace Relations to consult with disadvantaged job seekers, in this case through their office in Kalgoorlie.

A number of employment consultants work at the Kalgoorlie office, and they regularly travel to remote areas – some accessible only by dirt roads and narrow tracks – to work with job seekers.

In December 2009, two of the company’s Kalgoorlie area employment consultants were instructed to do an “outreach visit” to the remote community of Tjuntjuntjara, around 600km north-east of Kalgoorlie in the Great Victoria Desert.

The two consultants departed Kalgoorlie in a Toyota Prado leased by MAXNetwork at around 6.00am on a journey estimated to take nine to ten hours on a road with no signs that was a narrow track in some places.

The women were not provided with a map, GPS or any other navigational aid, and consequently they became lost. They had received no training or instruction on travelling in remote areas, and so did not know what to do in the event of becoming lost.

The satellite telephone provided to the consultants did not work, and management was aware of this prior to the trip. In addition, there was no schedule for regular contact with workers in remote locations so no-one realised the women were overdue. Continue reading “Extraordinary duty of care prosecution over a near miss”

Vulnerability and arrogance

“How can this be allowed to happen nowadays?” the distressed wife of a seriously injured worker asked me recently.  Her husband was sitting next to her, his eyes still victims of the recent terror that nearly killed him.  She saw that and struggled to join him in his very dark and personal space.  This now would become a life time job for her.

This meeting captured for me one of the most fundamental factors at most workplaces.  That workers’ most common feeling at work is that of vulnerability.  Of course many workers find comfort and pride in their job.  Of course it feeds them and their families.  Of course it can provide personal identity and purpose.  And of course there are many managers who understand all this.

But it’s also true that much too often this is not the case.  That’s one reason why when suddenly factories or mines close, or car manufacturers ‘shed’ 200 workers, or car part factories go bust workers are not only shocked, but it substantiates their sense of vulnerability, “What a shock, I thought they loved us!”

Not only is this painfully evident when a negligently poor H&S standard results in crippling a worker for life, but is typically present on a daily basis.  Permanent fear of job loss results.  The fact that a worker can be disciplined or sacked for a number of events that can be defined and redefined by creative managers feeds that feeling.  That’s another reason why so much bullying and humiliation occur and so much stress is experienced. Continue reading “Vulnerability and arrogance”

Australian Government moves on quad bike safety

Just before Christmas in 2009, Dr Yossi Berger speculated for an information network about the safety of quad bikes.  He called it QuadWatch.  Over two years later, on 13 July 2012, Australia’s Employment and Workplace Relations Minister Bill Shorten announced his own QuadWatch.

In the 2009 Croaky Blog, Dr Berger suggested

“a network could be called QuadWatch and it would become a clearing house for all needs related to quad bikes, particularly in relation to safety standards.  All training needs, advice about accessories, advice about the correct machine for a certain job or terrain could be handled by such regional cells.”

Shorten described the new QuadWatch as

“… a community based network bringing together farmers, community groups, emergency services and local government.

Shorten’s QuadWatch is broadly consultative but is a little different in its communication strategy.  Establishing websites in support of a political strategy have not had the greatest success in the last few years under the Federal Labor Government and QuadWatch is not the end point in the safety debate.

It is worth deconstructing the Minister’s media release a little.

Continue reading “Australian Government moves on quad bike safety”

Serious quad bike incident in New South Wales

SafetyAtWorkBlog has been informed that an Irish backpacker was working on a farm near Gravesend in New South Wales in late May 2012 and received serious back injuries when the quad bike, from which he was spot spraying weeds, rolled on an embankment. The man was taken to hospital after contacting the farmer for assistance.

A spokesperson from WorkCover NSW has confirmed that

“….a 26 year old male worker was injured on a property at Gravesend near Moree …. on Thursday, 31 May.  Initial enquiries indicate that the worker was spot spraying weeds on the property and has suffered back injuries from a quad bike incident when he attempted to ride out of a gully.”

At this time, Workcover was unable to say whether

  • the worker had received any motorcycle or quad bike training.
  • the quad bike had any attachments or modifications.
  • the worker was wearing a helmet or other PPE at the time.

It is understood that the worker had been on the farm for only a few days.

We have been unable to find any media or online references to this incident.

On 24 May 2012, a week before the incident above, the Australian Broadcasting Corporation’s AM program ran an interview about the quad bike related fatality of an 11-year-old boy in 2011.

A longer audio interview on quad bike safety was conducted by ABC Rural in September 2011.  The participants were Tony Williams of WorkCover NSW and John Lambert of the Forensic Engineering Society of Australia but the most significant quality of the interview was the solid understanding of agricultural safety shown by the interviewer.

Kevin Jones

Motivation needed from Prime Minister on OHS laws

In July 2010, Prime Minister Julia Gillard mentioned OHS harmonisation in an election debate.  She said that OHS harmonisation was one of her achievements but less than two years later, at the Australian Council of Trade Union (ACTU) Congress, there is no mention of harmonisation in her speech.  The only mention of safety was in terms of truck drivers:

“And we’ve moved to protect the rights of cleaners.  We’ve moved to improve the laws for outworkers. We’ve moved so that a truck-driving cabin being a workplace […] can be a safer workplace, so that truck driver gets back home that evening.”

The Prime Minister audience was trade unionists and perhaps they need motivation and support and acknowledgement for their efforts in difficult economic and political times but there is a big move from harmonising the OHS laws across a country to determining a truck cabin as a workplace (which it has been for decades in some States).

The 2012 ACTU Congress included industrial manslaughter on its agenda.  Its OHS and Rehabilitation policy stated:

“Congress  affirms  that  industrial  manslaughter  should  be  an  offence  under occupational health and safety legislation or other legislation as most appropriate. The elements of the offence should be:  A worker dies in the course of employment or  at a place of work or is injured or contracts a disease, injury or illness in the course of employment and later dies;  The  conduct  (by  way  of  act  or  omission)  of  a  person  caused  the  death,  injury  or illness; and  The person was reckless or negligent about causing serious harm or death to the worker.”

Industrial manslaughter seems a poisoned political concept but it remains a potential motivator in Australia even though it is a reality in the UK.  Without motivation from the Prime Minister, other issues will fill the void.

Kevin Jones

What is behind guest blog articles?

Over the last 12 months, SafetyAtWorkBlog has received many unsolicited “guest posts” and almost all of these include links back to commercial sites that have some relationship to the author.  I consider this advertising and reject the posts.  However the writers and, sometime, public relations agencies could be coming cleverer.  The following article is not about workplace safety per se but if safety professionals and others are going to rely on safety information available on social media, Facebook, blogs etc. it is essential they can have faith in the reliability of this information.  Below is a record of a brief search for such reliability in a blog article submission, a search for reliability that all blog owners should consider.

An unsolicited guest post was submitted to SafetyAtWorkBlog by Brooke Kerwin on 6 March 2012.  A sample article was requested with a brief profile of the author.  An article was received entitled “Employees in Automobile Industry Face Changing Safety with Technology“.  The article ( that “I have written specifically for your blog”) contained three links – two to category links within the SafetyAtWorkBlog and one to distracteddrivinghelp.com.  The third link actually related to the subject matter of this article but as there was no profile provided for Brooke Kerwin, I searched for the name through the internet.

On March 8 2012, Brooke Kerwin had a guest post published at Rethinking Patient Safety.  That article had one link to the Rethinking Patient Safety blog, a link to National Patient Safety Week and a third link to distracteddrivinghelp.com. Continue reading “What is behind guest blog articles?”

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