WorkSafe – Page 10 – SafetyAtWorkBlog

Government department fined $285k over prison van death

In January 2011 WorkSafe indicated its intention to prosecute the Department of Corrective Services and others in relation to death of Mr Ward. A $A285,000 penalty was imposed on 7 July 2011.

SafetyAtWorkBlog reported on the WorkSafe actions at the time but an excellent clearinghouse for information on this case is the website of the Australian Broadcasting Corporation’s Four Corners program which examined the 2008 death of Mr Ward in Western Australia.

The Four Corners website has a considerable amount of background information on the case, including the coroner’s findings, which some readers may find confronting and, as the ABC says “This report contains images of the deceased which may disturb Aboriginal viewers”.

Mr Ward was being transported to Perth in the rear of a prison transport vehicle following a traffic offence. The vehicle’s air-conditioning system was not operating, the temperature within the rear of the vehicle increased so much in the Western Australian heat that, according to one commentator, Mr Ward was “cooked”. When Mr Ward’s body was being removed from the prison van at the hospital “the air from the van was “…like a blast from a furnace”” according to one witness. The coroner found that “no effective air-conditioning was being supplied to the rear pod of the vehicle.”

There are many management issues involved with this unnecessary death but some will be familiar. Continue reading “Government department fined $285k over prison van death”

West Australian moves on sex work law neglect OHS

Australia has an enviable occupational health and safety record in its licensed brothels. A recent sex work symposium in Melbourne restated the fact that sex workers have a lower presentation of sexually transmitted diseases than the public. One Queensland brothel, Purely Blue, states:

“Safety and Quality are very important to us and we are proud to be one of a small number of businesses in Australia, that have achieved dual certification of their Occupational Health & Safety (AS/NZS 4804:2001) and Quality (AS/NZS ISO 9001:2000) Management Systems.

Purely Blue is believed to be the first boutique brothel in the world to have its Management Systems certified by a national body.

Purely Blue was the proud recipient of a Highly Commended Award in the National Safety Council of Australia/ Telstra National Safety Awards of Excellence in the category of “Best Implementation of an OH&S Management System”. This is believed to be the first time that a boutique brothel has received such recognition anywhere in the world.”

In June 2011, the Western Australian Government again attempted to legalise sex work, or as it continues to call it, prostitution. But on the issue of workplace safety for sex workers, the Prostitution Bill 2011 seems to be seriously out of date and out of touch. Continue reading “West Australian moves on sex work law neglect OHS”

Farming federation calls for mandatory fitting of safety devices to quadbikes

On 12 June 2010, SafetyAtWorkBlog noted the spokesperson for the National Farmers Federation, Duncan Fraser, supporting the voluntary fitting of roll protection devices to quadbikes in specific circumstances. On 20 June 2011, the New South Wales Farmers Federation’s Industrial Relations Committee Chair Graham Morphett has spoken in favour of “the mandatory fitting of roll bars” to quad bikes.

This is an extraordinary blow to the quad bike manufacturers who are set against rollover protection structures (ROPS) or crush protection devices (CPDs) for quad bikes.

Morphett’s comments deserve a little more analysis.

“Quad bikes can be extremely unstable on uneven farm terrain. Manufacturers have a responsibility to improve the design of the vehicles to ensure their safety. No quad bike should be sold without a roll over bar,” he said

SafetyAtWorkBlog has criticised manufacturers for not developing new designs that counter, what some research has described as the propensity to rollover. Morphett echoes this position.

Perhaps more significantly Morphett believes that new quadbikes Continue reading “Farming federation calls for mandatory fitting of safety devices to quadbikes”

Quad bike manufacturers resist the inevitable

Pressure is increasing on the manufacturers of quad bikes in Australia and from a variety of sources.

The Weekly Times newspaper continues, almost fortnightly, to report on the safety debate about the use and design of quad bikes. The 9 June edition has a double-page spread on the issue with many direct quotes from “players” in the debate. The fact that a national rural newspaper has devoted this level of column inches is indicative of the controversy. The Australian metropolitan dailies have not followed this lead but, as we have seen in previous blog posts, major New Zealand papers have covered the issues.

Some Australian government departments are applying the cautionary principle under legislative occupational health and safety (OHS) obligation and have restricted the use of quad bikes pending risk assessments. SafetyAtWorkBlog has heard that one department, New South Wales’ National Parks & Wildlife Service, has passed through the assessment phase and will be fitting Crush Protection Devices (CPDs) to their quad bikes by the end of August 2011.

A source close to the debate has told SafetyAtWorkBlog that

There is an increased likelihood for coroners’ inquests in a number of states;
The quad bike industry has begun formally misrepresenting the value of CPDs in posters, of which several have been provided to quad bike distributors; and
The industry continue to assert that research shows CPDs cause more harm than good but provide no evidence of this. Continue reading “Quad bike manufacturers resist the inevitable”

Will Brodie’s Law deter workplace bullying?

On 1 June 2011 the Australian television program 7PM Project ran an article about “Brodie’s Law” – an increase in the penalties for bullying and stalking. I was approached to be interviewed for the program due to my comments on this blog. I turned down the opportunity for a number of reasons, my time had already been committed to my family and filming did not fit that commitment but, more importantly, I am dubious about whether Brodie’s Law will have the deterrent effect that many hope for.

The 7PM Project approached an outspoken lawyer on the issue who refused to participate because he felt that his comments would not have fitted the approach favoured by the producer who contacted us. I had similar reservations. When I expressed my opinion about the lack of deterence, one producer acknowledged that this was a position expressed by almost all the people they had approached to participate.

The video of the 7PM Project segment is available online and begins around the 2 minute mark. Significantly occupational health and safety laws were not mentioned in the article. There was no mention of any of the OHS guidances on workplace bullying or of any of the regulator’s programs.

A workplace bullying expert of OHS professional would more likely have recited this definition or at least stressed the importance of repetition.

The speaker they chose for expert opinion on workplace bullying was Grant Brecht. Brecht was asked whether a definition of bullying exists. He answered that the definition relates to where psychological harm is possible. This is true but a crucial element of the definition of workplace bullying was missed in the discussion. According to WorkSafe Victoria:

“Bullying is repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.” [emphasis added]

Brecht also mentioned the need for individuals to assert themselves in the face of bullying but a detailed look at Brodie Panlock’s case shows that she did assert herself and that she did approach other workers at the cafe for assistance and she did talk to friends about the situation. That none of these actions helped Brodie is a core element of her tragedy. Bullying, as with many workplace hazards, is best dealt with by not allowing it to take root in any workplace from the very beginning of a business’ operation. Too many try to retrofit safety into an already toxic and dysfunctional workplace.

The 7PM Project also ran some dubious re-enactments of workplace bullying and, incongruously, some footage of a construction site?! Continue reading “Will Brodie’s Law deter workplace bullying?”

New OHS info on Working Alone and Occupational Violence

One of the most difficult safety management challenges is the control of hazards associated with working alone. The most effective control is to not work alone, but the difficulty comes because this option requires expenditure.

WorkSafe Victoria recently released an information sheet on this hazard and listed the following hazard control options:

Buddy system
Environmental design
Communication or location systems
Alarms
Movement records
Training
Knowledge sharing

WorkSafe wisely says that most workplaces will require a combination of these options to control the hazard of working alone.

Trying to reduce the hazards of working alone is a terrific indication of the economic health of a business, the level of safety commitment of a business owner or manager, and the state of safety knowledge in the company. Continue reading “New OHS info on Working Alone and Occupational Violence”

Quad bike manufacturers walk out of safety working group

In early 2010, Australia’s Heads of Workplace Safety Authorities (HWSA) established a trans-Tasman working party to look at the safety issues of quad bikes, often called all-terrain vehicles. The working group is in the final stages of its report and a major motorcycle industry representative has not liked the findings and has apparently withdrawn from the working group. A report on the increasing tensions was published in this week’s The Weekly Times. SafetyAtWorkBlog has been told that the quad bike industry representative has walked out in protest.

Let’s look at what HWSA said about the working group in May 2010:

“HWSA Chair, John Watson, said every farming fatality leads to immeasurable suffering in close-knit rural communities and these figures are not acceptable.

“The working group is expected to deliver solutions to safety problems associated with use of quad bikes on farm properties and raise awareness of practical risk controls,…

“The group will look at issues that include design, safety equipment, training and instruction, aftermarket accessories, safe use and point of sale,….

“The joint program of work will be delivered through an Industry Solutions Program where industry and regulators work together to address high risk safety issues – an initiative that has successfully provided practical solutions to a number of issues across many industries.

“The working group is focused on producing tangible and sustainable safety outcomes across the farming and agricultural industry where quad bikes are commonly used….”

Of significance in that media release is that Chief Executive of the Federal Chamber of Automotive Industries (FCAI) Andrew McKellar said

“It is our objective that all quad bike users are well informed of the manufacturer’s recommendations in relation to the safe use of these vehicles…”

The sticking point in the working group was, according to The Weekly Times, that

“”…the committee was expected to back the recommendation to “consider fitting an anti-crush device”, the strongest position yet for roll-over protection.”

The committee did recommend this and apparently the FCAI walked. Attempts have been made to contact the FCAI to confirm their action and their objections. Continue reading

Tag: WorkSafe

Government department fined $285k over prison van death

Like this:

West Australian moves on sex work law neglect OHS

Like this:

Farming federation calls for mandatory fitting of safety devices to quadbikes

Like this:

Quad bike manufacturers resist the inevitable

Like this:

Will Brodie’s Law deter workplace bullying?

Like this:

New OHS info on Working Alone and Occupational Violence

Like this:

Quad bike manufacturers walk out of safety working group

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: