West Australian farmer found dead under his quadbike

WorkSafe WA has reported on a quad-bike related death of a 68-year-old man in the evening of 12 December 2010.  Details are scarce as OHS inspectors have only been able to attend the scene this morning.

The WorkSafe media release (soon to be available online) states:

“WorkSafe is investigating the work-related death of a 68-year-old man on a farm at Crooked Brook, near Dardanup south of Bunbury, last night.
The farmer was believed to have left his house to move cows from one paddock to another.  When he did not return, a family member went to look for him and found him under an upturned quad bike.”

Details of the type of terrain, safety features of the quad bike and the type of PPE on site were not available at the time of writing. Continue reading “West Australian farmer found dead under his quadbike”

Powerful OHS stories on YouTube

Yossi Berger recently criticized the award-winning “Homecoming” ads of WorkSafe that have been rebroadcast in the US.  Berger said that the awareness raising ads do not contribute to saving lives.

Workplace Health & Safety Queensland has produced a series of survivor stories that, if the wider working community gets to see them, are an enlightening view of the reality of work-related injuries.  The latest film in the series is “Between a rock and a hard place – The Garry Nichols story” and concerns the impact of a tractor roll-over.

The films benefit enormously from the analysis of contributing factors to the incident.   Continue reading “Powerful OHS stories on YouTube”

Of stunning, short-lived cactus flowers and quad bikes

The smoke from the mine:

It has been a frighteningly bad month in the mining industry internationally.  OHS meetings I attended during this period have been hushed as a result of the New Zealand tragedies.  Discussions about OHS have become more pertinent and more accurate – for the time being.  But this, like stunning but short-lived cactus flowers, will quickly disappear.

Because I’ve had close involvement with the Beaconsfield Gold Mine rockfall that killed Larry Knight, and years earlier with the Esso Longford explosions and fires in Victoria, the CrossCity tunnel fatality in Sydney… and many other tragedies or near misses, such events, like a sudden cramp, re-focus my thinking on current issues.  Another OHS failure that we didn’t stop.

Quad bike safety:

One such issue I’ve been involved in for some time has been the quad bike safety issue. The fatality statistics I have on these machines in Australia show that over the last 10 years 13 people (on average) are killed per year.  130 people, most of whom, the industry will have you believe, were ‘mis-users’ of the machines (see below).  The trend is up not down.

I have just resigned from the TransTasman Quad Bike safety committee created by the regulators last year.   The OHS and quad bike interest group in the community may be interested in some of the difficulties I see with the current work on this issue.

The obvious and useless in practice:

I think a much greater degree of transparency and openness – including a high level public conference – ought to take place.  And neither the regulators nor industry will be interested in that; Continue reading “Of stunning, short-lived cactus flowers and quad bikes”

OHS harmonisation documents released for public comment

Late on 7 December 2010 Safe Work Australia released draft OHS regulations and Codes of Practice for public comment.  The documents released are:

According to a Safe Work Australia media release, not yet available online:

“As part of the development of the Consultation Regulatory Impact Statement (RIS), Access Economics on behalf of Safe Work Australia, is surveying businesses across a range of sizes, industries and regions in an effort to obtain data on anticipated compliance costs and safety benefits of the model Work Health and Safety Regulations.   Continue reading “OHS harmonisation documents released for public comment”

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”

Election failure, missed opportunities on bullying

Within the last week, Victoria’s State Premier, John Brumby, lost an election allowing the conservative parties in the Australian State to gain power, narrowly, after over a decade in isolation.  Election pledges are now only of historic interest but let’s look at a couple.

The crime of workplace bullying

According to the Australian Financial Review on 2 November 2010 (not available without subscription), John Brumby pledged to have a legal review into the “creation of the offence of bullying under the Crimes Act”.  The Victorian Chamber of Commerce & Industry‘s (VECCI) Steven Wojtkiw opposed the pledge because existing OHS laws were sufficient.  Taking the election context away for a moment indicates a  challenge for those anti-bullying advocates.  Wojtkiw is quoted as saying

“To introduce a greater level of legislative prescription in the area may only add to the increasing complexities already being confronted by employers in managing a modern workplace.”

It could be argued that if industry had already introduced an appropriate approach to reducing the likelihood of bullying in the workplace John Brumby would never have felt the need to make such a pledge.  In many cases, anti-regulation laissez-faire business lobbyists could reduce the “insidious elements of the nanny state” by doing right by their workforce in the first place.

Bullying and harmonisation

Michael Tooma of Norton Rose is quoted in the same article but Tooma uses Brumby’s pledge as an example of another but different nail in the coffin of Federal OHS reform.   Continue reading “Election failure, missed opportunities on bullying”

Harmonisation becomes more difficult with loss of another political support base

The Australian Government faces another hurdle in its strategy for OHS harmonisation with another State Government, Victoria, falling to the conservative Liberal /National party coalition. OHS has hardly been mentioned in the state election campaign as all of the reform action is at a national level but, as Mark Skulley reports in the Australian Financial Review (AFR) on 29 November 2010 (not available online):

“…the Coalition will be more critical of the state’s militant unions, particularly when it comes to major infrastructure projects, and take a more sceptical line on the Gillard government’s push for a national occupational health and safety regime.”

A Skulley article in the 30 November 2010 AFR indicates that the Australian Council of Trade Unions has received a strategy document that has “urged unions to become more independent of the ALP [Australian labour party]..”

As the union movement is the strongest and loudest advocate for occupational health and safety in Australia, union policies and strategies should be of great interest to the OHS profession.

Until Prime Minister Gillard makes her next statement, or mention, of OHS legal reform publicly, the harmonisation process is in serious limbo. This on the eve of the release of draft OHS regulations and codes of practice.

Kevin Jones

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