Case study of existing hazards in the new legislative context

Last month Joe Catanzariti of the Australian law firm, Clayton Utz, wrote a short article that links two OHS issues in a manner that others should follow.

Catanzariti made the jump from a prosecution under current New South Wales OHS legislation (according to many the most draconian in Australia) to identify how such a decision would be made under the harmonise OHS law system through the Work, Health and Safety Act.  The perspective needs to be applied more as it assists greatly in transitioning our understanding of “old” law to the new. Continue reading “Case study of existing hazards in the new legislative context”

Forklift incident costs NZ company over $34,000

New Zealand’s Department of Labour (DoL) has released a statement that illustrates a classic scenario for forklift safety.  According to the statement :

“The employee was walking in a freezer when he was hit from behind by a forklift carrying a 10-carton-high pallet of packed meat.  The Department’s investigation showed the height of the load impeded the driver’s view and contributed to the incident.

The employee’s hip and thigh were fractured. He was in hospital for three weeks and has only recently returned to full-time work.”

The incident occurred in April 2009 with the company being fined $NZ34,000. Continue reading “Forklift incident costs NZ company over $34,000”

Post-Disaster PR/Risk Management – Upper Big Branch

A regular SafetyAtWorkBlog reader emailed in a comment this morning that we believe is justified as including it as a post itself.  The Upper Big Branch Mine disaster is out of the news outside of the United States but as the Australian reader shows below, there are important lessons from how this disaster occurred and its aftermath as there is in most disasters.  What needs to occur is for the issues to continue to be discussed and lessons applied.  Some links in the post below have been added.

“I’ve been following the Upper Big Branch Mine disaster West Virginia, in which 29 miners died from an explosion that occurred on 5 April 2010. It appears that the explosion occurred due to a build up of methane and coal dust in the mine.  Records show that, in the weeks leading up to the explosion, some miners had expressed fears for their lives to their families.  One left a note for his family. To my thinking it reads like a suicide note. Continue reading “Post-Disaster PR/Risk Management – Upper Big Branch”

Harmonisation strategy will fail and legal costs for OHS will increase

The Australian Government’s plans to harmonise the country’s OHS legislation will fail.  In the Australian newspaper on 6 May 2010 the president of the Safety, Rehabilitation & Compensation Licensees Association, Dean Stone, said

“Harmonisation was aimed at having the same law in force across the country but it is simply not going to be able to do that…  Each of the companies moving back to the harmonised schemes will need more staff merely to comply with the different approaches.” Continue reading “Harmonisation strategy will fail and legal costs for OHS will increase”

Treatment of workers from Transocean oil rig

More information is coming to light about the treatment of survivors of the explosion on the Transocean oil rig.  According to an article (and podcast) on National Public Radio on 6 May 2010, company lawyers for Transocean had survivors sign waivers within hours of the disaster.

The article says:

“The form that they made them sign had, ‘I was here when it happened, I didn’t see anything.’ Or ‘I saw this and I was or was not hurt,’ ” says Steven Gordon, a Houston attorney who represents some of the survivors…. Continue reading “Treatment of workers from Transocean oil rig”

First prosecution announced over insulation-related deaths

Queensland’s Department of Justice and Attorney-General has announced that an insulation installation company will be charged with offences under its safety legislation due to the death of an employee.  This is the first safety prosecution related to the Government’s , failed,  job creation scheme.

According to a media statement issued late on 5 May 2010,

“QHI Installations Pty Ltd has been charged with breaching section 30 of the Electrical Safety Act 2002 for allegedly failing to conduct its business or undertaking in a way that was electrically safe. Continue reading “First prosecution announced over insulation-related deaths”

Communicating safety through new technologies

On 3 May 2010, I was privileged to be invited to be a plenary speaker at the 2010 conference of the New South Wales Minerals Council.  My presentation was entitled “Some new ways of talking about safety online”.  I discussed the use of some of the new online communication methods but ultimately came to the point that safety is most successfully communicated when the information is valid, relevant and delivered by someone trustworthy.

An extract of my presentation is below and an audio recording is available at the end.  Please note that there are some swear words in the presentation.

“These new technologies are basically about communication and I am here to discuss how these technologies can be used to communicate safety information.

Two important elements are in that sentence – information and communication.  Let me take information first because this is sometimes the overlooked element.   Continue reading “Communicating safety through new technologies”