Neglect by company directors found to have contributed to death of worker

It is always fascinating to hear of directors of companies being found personally guilty for workplace health and safety breaches because it seem to happen so rarely.

The latest instance in Australia occurred on 3 December 2010 following a 2007 death of a 22-year-old rigger named Luke Aaron Murrie. Below is WorkSafe Western Australia‘s media release on the case.

“A Malaga hoist and crane company has been found guilty of failing to provide and maintain a safe workplace and, by that failure, causing the death of a worker.

Two Directors of the company were also found guilty of breaching a section of the Occupational Safety and Health Act dealing with offences that occur with the consent or connivance of a Director or are attributable to the neglect of the Director. Continue reading “Neglect by company directors found to have contributed to death of worker”

WorkSafe’s Homecoming Advertisements

‘Why is the most important reason for good workplace health and safety standards not at work at all?’ asks the Homecoming advertisement by implication. Because the injured or killed worker will leave his/her family behind, or harm them if they are injured or killed. S/he needs to think about them and the workplace H&S standard; about their pain and the OHS standard. About them and his/her possibly unsafe behaviour at work so s/he can return home in one piece; return to them. And the imagery is of a patiently waiting young boy, waiting for his father at the front of the house holding a ball. How desperate, lost and lonely that little boy would be if his father (in this case) was killed at work. Your heart goes out to him and thereby an emotional driver has been activated. And, in truth, tragically, such occasions do happen, too often.

Then the father appears and the boy smiles from ear to ear, we can feel the happiness permeating the ambrosia of human wellbeing. Father has come home safe and sound, boy is happy, family is whole, healthy and safe. I can’t remember, does mother peak smilingly from behind the corner as dinner simmers in the kitchen? Your heart swells. Good advert wouldn’t you say?

It’s very hard to change people’s behaviour. It’s hard to get people to effectively achieve sustained improvements in anything. Therefore, haven’t the marketers achieved a lot with this series of advertisements?

Let’s see: first, are there likely to be any OHS improvements at work as a result of any of these ads? I haven’t seen any, have you? Think hard, what exactly has changed?

Secondly, have managers been touched by these ads so that they will now rush out and make dramatic OHS improvements? Continue reading “WorkSafe’s Homecoming Advertisements”

The intersection of OHS and public liability becomes more urgent

In mid-November 2010, a gymnasium in Queensland was fined A$70,000 following the death of a 19-year-old Michelle Maitland. Ms Maitland fell and hit her head on a part of the floor that was not covered by a safety mat. The case has been regularly reported in Queensland media since the death in June 2009 and the reports provide additional details of the fall and the hazard control measures that could be considered.

Workplace Health & Safety Queensland was unable to provide SafetyAtWorkBlog with details of the case or comment as the gymnasium has lodged an appeal against the judgement.

This tragic death is the latest illustration of a challenge that businesses and OHS regulators have faced regularly – the line between public liability and occupational health and safety law. Businesses have applied a rule of thumb where injuries related to work activities are OHS matters but risks presented to customers or visitors who are in the workplace have been dealt with through public liability insurance. The Maitland case shows that businesses may face an insurance payout as well as an OHS prosecution.

The significance of this demarcation will greatly increase with the introduction in Australia of new laws that redefine a “workplace” as wherever work is being undertaken. Continue reading “The intersection of OHS and public liability becomes more urgent”

Lessons Learnt…?

I would like to pose a question, or questions: are OHS professionals and the community in general, in all honesty, learning and applying the lessons we are being taught from workplace events?

Are we, or our organisations, being truly effective in preventing the recurrence of events in our workplaces, work processes or activities?

Do we, in truth, actually prevent risk before it has the opportunity to arise, or do we at best eliminate it once it does?

Most, if not all, will answer “yes, yes and yes”. And mean it. But let us take a good, hard look in the mirror.

Almost every day, most of us will become aware of another work-related fatality, another court case won or lost, another event which has resulted in significant harm to person, property, environment – or a combination thereof. What makes these events of note? Continue reading “Lessons Learnt…?”

The asbestos Triffid goes national

The union campaign on the eradication of asbestos from the island of Tasmania has entered the national political arena in Australia. On 29 October 2010, the Australian Minister for Workplace Relations, Chris Evans, announced that Geoff Fary, Assistant Secretary of the Australian Council for Trade Unions, will chair the newly established “Asbestos Management Review” (AMR).

The appointment and chairmanship are an acknowledgement that the trade union movement is the major advocate for occupational, public and environmental safety concerning asbestos in Australia.

Fary will be leaving his ACTU role in November 2010 to take up the new position.

One concern with the AMR, even in its early development is the task of raising awareness. Chris Evans stated that:

“It is critical that we develop a comprehensive understanding of the scope of the problem and set clear targets as to how we address issues relating to awareness, management and removal of asbestos.”

There is the risk of inactivity on any issue that seeks to raise awareness. As I wrote twelve months ago:

“The asbestos safety advocates should drop “awareness” from the week’s title because awareness equates to “aspirational targets”, former Prime Minister John Howard’s way of promising much and delivering nothing. Just as everyone accepts that smoking causes lung cancer and climate change exists, people know that asbestos can kill. Move away from awareness-raising to action.” Continue reading “The asbestos Triffid goes national”

Suicide research and cultural change

I often have my “western” assumptions punctured by evidence from the non-western or majority world. Recently SafetyAtWorkBlog has reported on workplace suicide statistics but a report made available through the World Health Organisation says

“Low-income countries in Asia and the Pacific have the highest burden of suicide in the world. These countries are among the poorest globally, and face many social and political challenges.”

This report reminds me that although the westerners may claim to be short of resources, most countries have much less yet are still morally obliged to provide social support. It also speaks about cultural change and the application of new strategies. Continue reading “Suicide research and cultural change”

Australian suicide research expands understanding of workplace factors

Research is intended to provide answers but sometimes it can only provide clues. But clues allow progress and flag peripheral issues that could possibly become mainstream. Social research into the possible workplace influences on suicide is one area of clues and, again, the Creative Ministries Network (CMN) has undertaken solid research into the worst-case scenario of workplace mental health advocates.

Recently CMN released “Suicide and Work“, it’s March 2010 research report. The accompanying media release said:

“Of eleven suicides where the deceased person had at least one prior WorkCover claim prior to their death, the length of time on workers’ compensation was positively correlated with increased probability of suicide. The data is not able to indicate what it is about the length of time on compensation that may be critical to whether an injured worker commits suicide. Continue reading “Australian suicide research expands understanding of workplace factors”

Tag: death

Neglect by company directors found to have contributed to death of worker

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The intersection of OHS and public liability becomes more urgent

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Lessons Learnt…?

I would like to pose a question, or questions: are OHS professionals and the community in general, in all honesty, learning and applying the lessons we are being taught from workplace events?

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The asbestos Triffid goes national

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Suicide research and cultural change

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Australian suicide research expands understanding of workplace factors

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I would like to pose a question, or questions: are OHS professionals and the community in general, in all honesty, learning and applying the lessons we are being taught from workplace events?

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