Category: WorkSafe

Safety in licencing is not limited to fishing

On 26 May 2017, NT WorkSafe announced that Austral Fisheries Pty Ltd was charged over health and safety breaches that resulted in the electrocution of Ryan Donoghue.  Enforcement of occupational health and safety breaches should be welcomed but Donoghue died in 2013!  Why so long?

NT WorkSafe regret the delay:

“The location of the vessel meant the Australian Maritime Safety Authority, Workplace Health and Safety Queensland and NT WorkSafe potentially had jurisdiction to investigate.”

“The preliminary findings from our investigation were handed to Workplace Health and Safety Queensland after we received legal advice that they had jurisdiction,” Mr Gelding [Executive Director of NT WorkSafe] said.

Workplace Health and Safety Queensland completed their investigation on 3 March 2015 and decided not to prosecute. The Northern Territory Coroner held an inquest into the accident in April 2016 and referred the matter to NT WorkSafe for consideration.

Why so long? Jurisdictional arguments and enforcement variation.  But didn’t Australia establish a National Compliance and Enforcement Policy in 2011?   Yep,

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Both parties claim a win in a stoush that changed a couple of words

The court case between the Federal Chamber of Automotive Industries (FCAI) and WorkSafe Victoria has been resolved and, according to both parties, they both won.  According to WorkSafe Victoria:

“The Supreme Court proceeding issued by Honda, Yamaha, Suzuki and other quad bike manufacturers against WorkSafe Victoria was dismissed just prior to a trial that was listed to commence yesterday.

The manufacturers had wanted the Supreme Court to rule that WorkSafe’s public announcements about quad bike safety were unlawful. The challenge has been dismissed and will not proceed to trial.”

According to FCAI’s media statement:

“In the Supreme Court proceedings, WorkSafe Victoria specifically declined to pursue a claim that the fitment of an OPD is an appropriate way of reducing the risks to operators of an ATV overturning. It has produced no data or other evidence to support its claim that OPDs will “save lives”.

The revisions now made by WorkSafe Victoria are welcomed by the ATV industry as an important clarification to correct previous reporting that, as a result of its March 2016 announcement, OPDs had become mandatory on Victorian farms. That was not the case, as WorkSafe Victoria has now acknowledged, as a result of the legal proceedings taken against it.”

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safetyculture clarifies its approach to SWMS

On May 1 2017 safetyculture released an e-book called “Confused about Workplace Safety?” intended to address questions commonly asked of them.  The topic of most interest is their advocacy of Safe Work Method Statements (SWMS), an activity discussed earlier by SafetyAtWorkBlog.

safetyculture states up front that SWMS are for “high risk construction work” as defined by occupational health and safety (OHS) legislation and lists the activities that make up high risk construction work. But then poses a confusing question:

“So why did my principal contractor request that I supply a SWMS for the plastering or turf laying job I just did?”

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More activity needed on safe driving at work

In Australia a driver can achieve a “full”, unrestricted licence for driving a car from one’s early 20s following a test conducted by a State regulatory authority.  This driver’s licence is renewed each ten years but without any retesting or assessment of competency, even though the road rules, environment, traffic volumes, car design and personal technology would have changed in that time.

Should an employer allow an employee to drive a company or work-related vehicle without determining a driver’s suitability and level of driving competence?

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Ads for quadbikes show the safety changes

As a companion piece to SafetyAtWorkBlog’s recent article on quad bike safety it is worth looking at the latest hardcopy edition of The Weekly Times, an influential agricultural newspaper in Australia.  It is useful to look at how quad bikes are being depicted in the advertising and some of the content, as online versions have different adverts.  The content will vary, of course, from edition to edition but a snapshot sample is interesting.

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Quad bike safety gets messy – disagreements, Supreme Court writs and stars

Over the last couple of weeks in Australia, the arguments over the safety of quad bikes (sometimes called All Terrain Vehicles (ATVs)) has become messy. The National Farmers’ Federation (NFF) is in favour of Operator Protection Devices (OPDs) but the Victorian Farmers’ Federation (VFF) is not. Doctors and farmers are calling for a five-start safety rating for quad bikes. One researcher says such a scheme is ready to go. The manufacturers’ industry representative, Federal Chamber of Automotive Industries (FCAI) says no it’s not but here’s a new helmet to wear.

Around all of this is remarkable silence about legal action launched against the Victorian occupational health and safety (OHS) regulator, WorkSafe, by Honda, Yamaha, Suzuki, Kawasaki and BRP over WorkSafe’s interpretation of a legal safety duty.

All the while farmers in some States are continuing to access generous safety rebate schemes. Continue reading “Quad bike safety gets messy – disagreements, Supreme Court writs and stars”

Analysis of the WorkSafe Legislation Amendment Bill raises concerns

Several readers have expressed curiosity over the WorkSafe Legislative Amendment Bill currently in the Victorian Parliament and mentioned by lawyer Steve Bell last week.  Bell pointed to a couple of issues in the Bill and gave the impression that the Bill was aimed at tidying up some administration.  Several of the issues raised in the Bill deserve contemplation.

The Bill is still not through Parliament.  The next stage of the process will occur on April 5, 2017 but the Minster’s

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