Inaccuracies in AAP article on truck-related fatalities and penalty

Denise Zumpe is an Australian occupational health and safety (OHS) professional who focuses on workplace health and safety matters in the transport sector. Below is a letter that she intended to send to The Age and writer Esther Linder outlining some inaccuracies in an Australian Associated Press article (paywalled) concerning the jailing of Cris Large, a court case discussed in an earlier SafetyAtWorkBlog article.

“A former transport executive has been jailed for up to three years for his reckless workplace behaviour in the lead-up to a crash that killed four police officers on Melbourne’s Eastern Freeway.”

The AAP article appeared in a number of Australian media. An amended version appeared on ABC News.


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A transport court case relevant to all managers and employers

In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as

“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”

The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.

It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.

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Comfortable comfort at Truck Drivers’ Memorial

Recently the annual Truck Drivers’ Memorial was held at Alexandra in Central Victoria. Worksafe Victoria’s Executive Director of Health and Safety, Dr Narelle Beer (pictured above at the memorial), spoke at the event. Her presence was welcome and important, for it reinforces the occupational health and safety (OHS) regulators’ commitment to the safety of truck drivers and not just to the risks associated with the loads there are carting.

Dr Beer said little that was new, but that is okay, as WorkSafe’s presence at workers’ memorials is about reassurance and remembrance. There were elements of her speech that should be noted by employers, and that also illustrate the difficult enforcement position of such organisations.

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A Neverending Story – Supply chain safety dispute

Several weeks ago, Scott’s Refrigerated Logistics, a prominent Australia trucking company, entered receivership. It seems the Transport Workers’ Union (TWU), as part of a long campaign, chose to take another potshot at one of Australia’s few supermarkets, Aldi, accusing it of “pressuring supply chains” when the average profit margin in this sector has been described as an average profit margin of only 2.5 per cent. Occupational Health and Safety (OHS) in Australia’s transport industry has always been an important issue and is regularly a political football.

The union’s claims are being echoed by Senator Tony Sheldon, a former national secretary of the TWU, in Parliament.

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Trucking inquiries scare the Conservatives

Australia’s newspapers have recently reported on the moves by the Federal Government to review the safety and working conditions of the country’s truck drivers. As expected, The Australian newspaper is painting this as the Government paying back its ideological and financial backers – the trade unions – and the resurrection of the Road Safety Remuneration Tribunal (RSRT), even though the Government denies this will happen.

Occupational health and safety (OHS) sits behind some elements of the debate. As with most things OHS, it will not be a game-changer in a discussion over pay rates and minimum standards, but it is a serious consideration, and deservedly so.

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