Discuss about the Safety Culture and Lack of Systems.
Mistakes in any project are inevitable but when such mistakes cause death because of health flaws, someone must take the blame. The recent case that pitted the project manager and Kenoss Contractors exposed the worst situation in various workplaces across Australia (Employsure, 2015). Following this case, the corporation was fined by a maximum allowable penalty of about $1.1 million (Burlington, 2017). Whenever companies opt to avoid using relevant systems and adopt a safety culture, fatality would be the consequence. This implies that employers are expected to establish proactive policies to addressing safety issues. In Australia and New Zealand, there are safety laws that employers must consider. The WHS Act highlights the procedures and framework to help in protecting the safety, welfare, and health of workers at work (The State of Queensland, 2017). The WHS Act protects contractors, employees, subcontractors, volunteers, work experience students, out-workers, and employees performing any work. This law also protects the trainees and apprentices and the public.
The Canberra Corporation breached the safety laws leading to the death of an employee. This loss was never taken lightly as the ACT Industrial Court took over the matter. The court found the corporation culpable thus fining its $1.1 million (Taylor, 2015). However, the company was doubtful because it had gone into liquidation. The court found that the company never posted signs warning its employees regarding the power lines. According to the new law, the company needed to have attached flags to these power lines (Australia Government, n.d). The fatality was avoidable and the company failed to be remorseful for this action.
The poor corporate culture was evident within the company (Cutforth, 2015). In fact, the firm seemed to have embraced nepotism because the general manager made his son the safety officer. Unfortunately, the son never had relevant qualifications for the position. The company also disregarded the safety provisions because it had tried to hinder the investigation following the death (Burlington, 2017). In fact, the company attempted to alter false information regarding Mr. Booth’s attendance records. The record fine reminded businesses about the significance of prioritizing safety. This implies the company directors must be responsive in their actions to avoid held criminally liable (Cutforth, 2015).
Similarly, WGA Pty Ltd also similar fate as the NSW District Court slammed the window glass company with $1 million fine (Humphries, 2017). This followed the incident where a contractor caught fire leading to the worst burns of about 30 percent. The contractor touched a power line carrying about 33,000 volts (Inman, 2015). The judge noted that the company never had any safety system. For instance, the company had failed to establish warning signs and barrier tape (ACT Government, 2017). This makes it possible to believe that the company was aware of the risk the power lines pose. In the case of Kenoss, the subcontractor made the delivery of the gravel materials to a fenced off the compound. The tip truck seemed to have touched the power line thus making the electrical arc strong thus deflating the tires (Inman, 2015). The gunning man opted to run for safety by jumping from the truck. However, he collapsed leading to the fatality.
Poor contractor management is an issue that pushed the contractor to breach the WHS Act. For instance, the senior officer hired his son who never possessed relevant skills and qualifications to run the task (Employsure, 2015). This violated the WHS Act that requires the contractors to manage contracts properly. The contractor also failed to use safety flags and signs that could have warned the employers about the live power lines. Additionally, the site was never closed because the access was never restricted thus exposing people to risks and hazards. The contractor also failed to lock the gates leading to the compound (Morgan, 2017). This could have contributed to the fatality because the contractor should have designed an area for dumping the material.
The ACT Industrial Court also discovered that the contractor failed to turn off the live power line during work. This exposed the employees including the victim of the incident to the risk. According to the law, the contractor should consider switching off the power lines thus avoiding causing harm to others (Titterton, Bochenek, & Nguyen, 2017). Without a spotter in the area was an issue of concern. Although the contract manager had informed workers about the presence of live power lines, the absent employees never received the issue.
The WHS Act provides the best strategies and regulations to resolve the situation. Under this regulation, an individual is held accountable to the risk (Employsure, 2015). The person undertaking the duties should possess the health and safety duties thus enhance the management of risks. As the risk manager, the responsible person should engage workers so that they can undertake their work (Morgan, 2017). For instance, in the case at hand, the risk manager would be expected to assist in managing the risk. He should have exercised due diligence to ensure the actions and activities of the business complied with the regulation and WHS Act. This could have allowed the officer to take reasonable steps to understand and identify the risks and hazards related to the operations (ACT Government, 2017). Through the project manager, it would have been possible to understand the processes and resources needed for the project. As such, it was possible to eliminate risks to workforce safety and health.
The WHS Act provides a step-to-step process that could have ensured the project was conducted properly without guesswork. Based on the case study, Section WHS Act sect 192 provides for the warning devices that must be used in any project (IP Australia, 2012). The law provides that the company should design the plant in a way that encompasses the emergency warning device thus minimize the risks. The Industrial Court had identified flaws in the case because the company failed to use warning devices. The company needed to have conducted workplace audit because fatality had occurred. This audit could have ensured the company identifies risks and hazards thus rectify them comprehensively (Burlington, 2017). The use of the WHS procedures and policies ensures the workforce understands the potential risks. The company needed to have made it its mantra to compel the suppliers and clients use safe standards and regulate workplace operations.
Under these procedures, the contractors have the responsibilities and obligations to adhere to the industrial standards and codes of practice, and legislation. The contractor should allow the supervisors and contract managers to have free entry into the sites. In fact, it needed to have taken practicable precautions to help in minimizing risks (Titterton, Bochenek, & Nguyen, 2017). The contractor also had the responsibility to establish corridors needed for exits. In case, there was a need to block such exits, it was important to seek the manager’s approval. Additionally, the contracted needed to have understood the procedures required before initiating projects on IP Australia premises (IP Australia, 2012). This should allow the contact manager to organize for inspection and discuss the safety issues.
The workers at IP Australia are expected to use safe working methods to keep them safe and allow them to establish a safe working condition. In fact, the contractor should never allow employees to work under poor conditions thus expose them to preventable risks. The hazards should be reported to the relevant officer (The State of Queensland, 2017). The contractor manager needs to observe safety hazards because the cost of avoiding complying with the safety regulations would weigh grave impact. According to the law, the officer needed to have checked the locations of emergency exits, fire extinguishers, telephones, and work colleagues and supervisors (IP Australia, 2012). The WHS Act specifies the aspects of tagging equipment. For instance, the contractor was expected to be responsible for the electrical safety implying that all leads are in safe and good working conditions. The electrical equipment and tools should have appropriate tags attached as expected. The AS/NZS 2760:2010 requires the contractors to use the electrical equipment with appropriate tags (IP Australia, 2012). The inspection of these tags is the responsibility of the contractor thus the ACT Industrial Court was right in fining the contractor.
The manual handling tasks are also considered under the WHS Act. In fact, it is clear that any tasks that expose workers to health and safety risks must be assessed and examined. This is relevant to “the Hazardous Work Code of Practice and the National Standard for Manual Task” (IP Australia, 2012, p. 18). Similarly, the individuals involved in the tasks should be individuals with relevant expertise and understand the safe manual handling techniques.
The IP Australia identifies the procedure of notifying the relevant authority regarding incidents and accidents. For example, in the case study, the contractor needed to have considered the incident notification needs (ACT Government, 2017). The involved individuals must contact contract manager or supervisor about the incidence. Since fatality had occurred, the contract manager should complete the hazard form relating to the WHS Incident report (ACT Government, 2017). The accident was serious and the contract manager should have avoided moving the equipment. The IP Australia provides a proper procedure to report the notifiable incident. It is a legal requirement for the contract manager to report the incidents to Comcare. This is because the notifiable incident had resulted in death. The WHS Act expects contractors to establish the Workplace Safety & Wellbeing Team who must report the notifiable incidents to Comcare.
The contractors also have the duty of care, especially when they supply materials, substances, and goods. The contractor must take reasonable care to avoid affecting others negatively (IP Australia, 2012). The holders of health and safety duty should use the WHS Act to consider safety and identify the processes.
The contractor working on the sites need to receive safety induction. The induction should be conducted to accommodate even the labour-hire workers so that they can understand the emergency procedures, health and safety procedures, health and safety contacts, safe use of equipment, and the asbestos register (Australia Government, n.d). The induction checklist should be used to ascertain a complete induction.
The employers must understand that proactive risk management is important. The case has represented a situation where the manager needed to be proactive to manage risks and comply with the control measures as defined in the codes of practice. It is important for the contractor to respond to any situation before it turns tragic. The observation of the ACT Industrial Court reminded the contractor of his responsibility (ACT Government, 2017). For instance, the contract manager needed to consider the proactive approach to address health and safety issues (Morgan, 2017). The breaches justify that the company was undertaking the activities in contravention of the code of ethics and practice.
The employers must understand that the environment has changed as the phase of higher penalties has emerged. In fact, the employers and contractors need to know that the law will never tolerate known risks. For instance, when the employers neglect duties or fail to take precautions, they stand to face high penalties, especially where the potential consequences are serious (Titterton, Bochenek, & Nguyen, 2017). Therefore, the employers have to alert because the courts will impose the high penalties because the new law has harmonized the penalties across jurisdictions.
Conclusion
The WHS Act has defined the workplace environment and conditions that employers must comply with at all costs. The impact for failing to comply would be disastrous and costly. For instance, the case of study has demonstrated the failures of the contractor to consider the safety regulations leading to the death of an employee. Despite this fatality, the contractor tried to frustrate investigation and failed to comply with WHS requirements. The company was slammed with the maximum fine of $1.1 million thus acted as deterrence. It has become important for the contractors and other business to stop preventable fatalities and injuries. Kenoss Contractor breached the basic safety requirements including failure to control the access to the site, lack of safety flags, poor contractor management, and lacking spot. The contractor also failed to turn off the power lines during the project and failed to close the gate leading to the compound.
ACT Government. (2017, July 24). Work Health and Safety Management Plans. Retrieved October 24, 2017, from Access Canberra: https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/3784/~/work-health-and-safety-management-plans
Australia Government. (n.d). Contractor Safety Management. Retrieved October 1, 2017, from Humanservices.gov.au: . n.d. . https://www.humanservices.gov.au/organisations/about-us/contractor-safety-management
Burlington, D. (2017). Poor Safety Culture and Lack of Systems Lead to Fatality. Retrieved October 1, 2017, from Blog: https://www.enhancesolutions.com.au/blog/poor-safety-culture-and-lack-of-systems-lead-to-fatality
Cutforth, P. (2015, August 20). Construction Company Fined $1.1 Million for Workplace Fatality. Retrieved October 1, 2017, from White Card: https://www.whitecardonlineexpress.com.au/industry-news/construction-company-fined-1-1-million-for-workplace-fatality/
Employsure. (2015, September 25). Put a Stop to Workplace Injury and Fatality. Retrieved October 1, 2017, from Workplace Health and Safety: https://employsure.com.au/blog/put-a-stop-to-workplace-injury-and-fatality/#75OfpzyTzAtQeWSE.97
Humphries, G. (2017, May 9). Company Fined a Record $1 Million Over Electric Shock. Retrieved October 1, 2017, from Mercury: https://www.illawarramercury.com.au/story/4649482/company-fined-a-record-1-million-over-electric-shock/
Inman, M. (2015, August 19). Kenoss Contractors Fined $1.1 Million for Workplace Death. Retrieved from The Canberra Times: https://www.canberratimes.com.au/act-news/kenoss-contractors-fined-11-million-for-workplace-death-20150819-gj2fra.html
IP Australia. (2012, June 28). IP Australia Site Safety Contractor Handbook. Retrieved October 1, 2017, from https://www.ipaustralia.gov.au/sites/g/files/net856/f/ip_australia_site_safety_contractor_handbook.pdf
Morgan, B. (2017, July 28). Crossrail Firms Fined Over £1m After Worker Was Crushed by Concrete. Retrieved October 1, 2017, from Evening Standard: https://www.standard.co.uk/news/transport/crossrail-fined-over-1m-after-worker-was-crushed-by-concrete-a3598741.html
Taylor, G. (2015, August 19). Canberra Construction Company Fined $1.1 Million Over Death of Truck Driver. Retrieved October 1, 2017, from ABC News: https://www.abc.net.au/news/2015-08-19/construction-company-fined-1-million-over-workplace-death/6708032
The State of Queensland. (2017, July 18). Work Health and Safety Act 2011. Retrieved October 1, 2017, from WorkCover Queensland: https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation/work-health-and-safety-act-2011
Titterton, A., Bochenek, L., & Nguyen, M. (2017, May 8). Construction Company Receives Record NSW Fine for Electric Shock. Retrieved from Clyde&Co: https://www.clydeco.com/insight/article/million-dollar-misdeed-construction-company-receives-record-nsw-fine-for-el
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