As we approach the holidays, social media is abuzz with warnings about accident rates increasing in the lead up to the holidays. For managers who would like a peaceful holiday period, here is simple framework to test whether safety management works. This is also a great test for measuring personal due diligence.

Step 1: What concerns you?

What is the thing (or things) about health and safety keeping you awake at night? Is it electricity? Lifting operations? Working at height or dropped objects? Training and competence? Contractor safety management? Management of change? The ability of your workforce to identify and manage risk in their day-to-day tasks?

It doesn’t matter, pick one or two.

Step 2: Review the health and safety information you have received in the last three months.

Have a look at safety information, safety bulletins for example. Monthly reports. Minutes from safety meetings. Whatever health and safety information you have looked at in the last three months.

What does the information tell you about how well your organisation manages the “thing“?

Does the information “prove” the “thing” you are concerned about is managed in accordance with the requirements of your safety management system?

The following information does not count:

• Injury rate data;
• “lead” safety indicators or “positive” performance indicators that only measure “activity“. For example, number of site inspections done, number of hazard reports submitted, number of corrective actions closed out, and so on.

History is clear. None of this information “proves the effectiveness” of safety management.

The information must show the thing you are concerned about is being managed in accordance with the requirements of the safety management system, and it is working.

Do not worry if your health and safety information doesn’t show you health and safety management is working. Why should yours? No one else’s does.

You can always move on to step 3.

Step 3: Ask your safety manager.

Your safety manager is the person who handles your safety management system, right? They should be the person in your organisation who can tell you if safety management is working? They should be able to tell you if the thing you are concerned about is being managed in accordance with the requirements of the safety management system?

Your Chief Financial Officer can give you good insight into the financial position of your business?

Your Project Managers can tell you whether work is proceeding on time and budget?

What can you health and safety manager tell you?

What are you looking for?

There is a clear message when we look at major accident inquiries and safety prosecutions. Courts and tribunals are not interested in personal injury rates and lead indicators.

If you have a workplace accident you need to  prove:

1. There was a “proper” system to manage the hazard(s) that gave rise to the accident; and
2. There was “adequate” supervision to ensure you implemented the “proper system” and it was effective to manage the hazard(s).

 

KCGM v Hanekom involved a fatality on a mine site, and looks at the very interesting question of the extent of a Principal’s obligations when they impose safety obligations on a contractor. There is also the vexing question of what “liability” does a principal take on when they “approve” a contractor’s systems?

The original post is available HERE, and the updated video can be accessed below.

 

As part of my ongoing update of early video presentations, below is a presentation looking at the Western Australian Supreme Court decision in Capon v BHP.

You can also see the original post and associated links HERE.

As regular readers of my blog would know I have, in the past, used video presentations to explain the concepts about occupational safety and healthcare, and in particular video case studies to look at court cases dealing with occupational safety and health prosecutions.

I am in the process of updating the platform that I use for my paid, online training programs. As a result, I will also be moving the free videos I provide as part of this blog.

Over the next few months, I will be transitioning the videos from this blog onto YouTube and Vimeo, where they will still be available for free.

If you cannot find a video on this blog, please let me know and I will make it available, but if you’re patient, most of the videos will be republished in the next few months.

My first reposted video deals with the case Fry v Keating, which is a Western Australian Supreme Court decision looking at the liability of individual company directors for breaches of occupational safety and health legislation. The original text of the post as well as the video is below.

Directors conviction in relation to workplace fatality upheld

On 23 April 2013 , the Western Australian Supreme Court confirmed the conviction and increased the penalties of two Company directors charged in relation to a workplace fatality.  The charges against the Directors alleged “neglect” under section 55(1) of the Occupational Safety & Health Act 1984 (WA).

You can access a copy of the case at the following link:
Fry v Keating [2013] WASCA 109

or see a short presentation about the case below.

In August 2017, Dr Rob Long and I ran a due diligence program for a client in New Zealand. The program was really well received and we have decided to run a public program in Sydney on 1 & 2 November.

You can access details about the program at the link below, but if you have any questions or would like to discuss whether this program s suitable for you or your organisation, you can email me directly at gws@nexuslawyers.com.au

Due Diligence Workshop Nov 2017

 

This is a shout out to all of my contacts in Kalgoorlie.

I have had a few clients ask me if I could run a public program on supervisor obligations for health and safety in the WA mining industry, in Kalgoorlie. To be able to do this, I need minimum numbers to run the program, so if anybody thinks they might be interested in attending, or sending one or two people, please contact me directly and I will send you some information.

You can contact me by e-mail – gws@nexuslawyers.com.au

Best regards

 

I recently posted up information about my new program, Supervisor obligations for safety and health in the Western Australian Mining Industry.

If you are interested in having a look at the program, you can access one of the chapters for free below:

Chapter 5: The importance of supervision

If you would like to review the whole program, or talk about delivering the program in your organisation, please send me an email – gws@nexuslawyers.com.au

 

 

My latest training program, Supervisor Obligations for Safety & Health in the Western Australian Mining Industry is now available as an online program.

The program examines supervisor obligations in the specific context of the Western Australian, Mines Safety & Inspection Act,  providing simple, non-technical principles and guidance, supported by lessons from cases.

You can have a look at the introduction to the program below.

You can access the program for $125 (plus GST) per person and bulk discounts are available.

If you are interested in reviewing the program to see if it would work in your organisation, or would like to organise access for your employees, get in touch by email – gws@nexuslawyers.com.au

I can also modify the program for your organisation.  If you have an introduction by the CEO you would like to add , or build an induction as part of the obligations program, or even change the program so that it deals specifically with issues in your business, just drop me a line and we can start a discussion.

After years of thinking about it, I have finally gotten around to moving my training programs to an online format.

My first program, Employee Obligations for Safety & Health is now available and you can have a look at the introduction to the program below.

 

You can access the program for $22.50 (plus GST) per person and bulk discounts are available.

If you are interested in reviewing the program to see if it would work in your organisation, or would like to organise access for your employees, get in touch by email – gws@nexuslawyers.com.au

I can also modify the program for your organisation.  If you have an introduction by the CEO you would like to add for your workers, or build an induction as part of the obligations program, or even change the program so that it deals specifically with legislation that applies to your business, just drop me a line and we can start a discussion.

Over the next few weeks I will be adding more programs. The programs include:

• Supervisor obligations for safety and health in the Western Australian Mining Industry
• Supervisor obligations for safety and health
• Developing a safety and health assurance framework
• Contractor safety management
• Disciplinary action for health and safety breaches
• How to build a “Reasonably Practicable” argument
• Due Dilligence

If you have any other programs that you would like to see added, please let me know.

 

 

For a long time now I have been concerned about how section 44 of the Mines Safety & Inspection Act is marketed to the WA mining industry as an important part of supervisors’ obligations.

Section 44 is, for the most part, an administrative provision that does not create any additional legal liability for people who are “appointed” under the section.

A significant amount of supervisor training is done in the name of section 44, much of which is misleading about both the nature of the section, and supervisor obligations.

Set out below is a short, 6 minute video that explains my concerns and the operation of section 44. if you prefer, you can access a short article HERE.