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Dreamworld Coroner finds leadership culpable

Dreamworld Coroner finds leadership culpable

On 25 October 2016, a tragic incident occurred on the Thunder River Rapids Ride (TRRR) at Dreamworld Theme Park, claiming four lives.

 

The 30-year-old TRRR ride was a water based family orientated ‘moderate thrill ride’ where patrons simulated white water rafting in a circular raft, suitable for patrons over the age of two, with the option of having children seated on an adult’s lap.

On that day Raft 5 became stranded on steel support rails situated at the end of the rides’ conveyor belt and it continued to travel where it collided with another raft before being lifted and pulled vertically into the conveyor mechanism. However, Kate Goodchild, Luke Dorsett, Cindy Low and Roozbeh Araghi were caught in the mechanism of the ride, and were either trapped in the raft or ejected into the water beneath the conveyor. Although ride operators and some patrons immediately responded, the four were declared deceased at the scene. Two children, aged 10 and 12, seated at the top of Raft 5 were able to free themselves and escape to safety.

Beginning 2018,  Coroner James McDougall ‘s inquest examined the circumstances that caused the fatalities, including:

  • The construction, maintenance, safety measures, staffing, history and modifications of the ride.
  • The sufficiency of the training provided to staff in operating the ride.
  • The regulatory environment and applicable standards by which amusement park rides operate in Queensland and Australia.
  • What further actions and safety measures could be introduced to prevent a similar future incident from occurring.

Coroner James McDougall handed down his findings on Feb 24 2020 telling the Queensland court that there was a “total” and “systemic failure by Dreamworld to ensure all aspects of safety” and referred parent company Ardent Leisure for possible prosecution.

The findings included:

  • That the design and construction of the TTTR ride “posed significant risk” to patrons.
  • “Dreamworld could, and should, have identified the safety issues” but there was no evidence of an engineering assessment on the TTTR ride in 30 years.
  • There were “frighteningly unsophisticated systems” in place, that “shoddy record-keeping was a significant contributor to this incident and contributed to the masking of the real risk of the ride” and that the likelihood of a serious accident “was simply a matter of time”.
  • The responsibilities placed on operational staff was stressful and “clearly unreasonable and excessive” which included monitoring of the pumps, CCTV, air pressure of the gates and queue lines. Operating the ride was “complex, confusing” and the ride lacked the “required labelling”, with ride operators having to perform more than a dozen tasks in the space of a single minute.
  • Each of the trained ride operators, noted that a requirement the role was to watch the water level, done by looking at an informal ‘scum’ mark around the trough of the ride, as well as the buoyancy of the rafts at the load and unload station, and whether they were sitting on the rails.
  • There was also evidence of “an inherent lack of proper training and process in place at Dreamworld to ensure the training provided to new Ride Operators and Instructors was suitable for the roles and responsibilities to be undertaken.”

Following the Dreamworld tragedy and the in the wake of the deaths of two workers at the Eagle Farm racecourse, Queensland introduced the charge of industrial manslaughter in 2017. Under those laws Ardent Leisure, Dreamworld’s parent company, would faces fines of up to $3 million, with individual executives facing up to $600,000 and five years’ jail.

However, this law does apply retrospectively and the industrial manslaughter provisions only apply to the deaths of workers, not visitors to a workplace.

Coroner McDougall said he “reasonably suspected” Ardent Leisure had committed an offence under the Work Health and Safety Act 2011 and advised he would be referring the company to the Queensland Office of Industrial Relations to consider prosecutions. In 2017 Queensland Police advised that no criminal charges would be laid against Dreamworld staff over the fatalities.

Coroner McDougall stated in his remarks that “such a culpable culture can exist only when leadership from the board (of Dreamworld’s parent company, Ardent Leisure) down are careless in respect of safety … that cannot be allowed.”

Download the complete Coroner’s report:

https://www.awu.net.au/wp-content/uploads/2020/02/10545784-final-dreamworld-draft-6-for-upload_compressed.pdf

Ready to train your people in risk management, hazard identification and subcontractor management?

We have a range of programs to train your people in risk management, hazard identification  and subcontractor management which can be tailored specifically to your industry and organisational needs. Training can be delivered as individual modules or as part of one of our accredited programs.

You can see our full program suite here >> or see some relevant units below:

Risk Assessment & Hazard Identification

This program helps you identify and describe the difference between a hazard and a risk, and introduces a way of thinking about hazard identification and risk management as an everyday activity. 

It will also enhance the skills and capabilities of leaders in the areas of hazard identification, risk analysis and identification and how to implement appropriate risk controls.

Download the course outline>>

Subcontractor Management

Learn to effectively manage WHS site risks and performance by learning how to effectively select, manage and monitor the complex and difficult world of subcontractors.  It also covers the WHS obligations regarding subcontractors, stepping through the various stages of effective subcontractor management, including assessing, evaluating safety history, attitude and managing expectations of performance and reporting.

Download the course outline >>

BSB41415 Certificate IV in WHS

The BSB41415 Certificate IV in Work Health and Safety is a nationally accredited program which will teach you how to identify hazards in the workplace, assist with responding to incidents, assess and control risk and consult on work health and safety issues. This program is most suited to those in a Safety Officer or Health and Safety Representatives role, or those currently in leadership roles wishing to shift their career into Health and Safety.

Read more about this program >>

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Industrial manslaughter to become law in Victoria

Industrial manslaughter to become law in Victoria

Victoria has made Industrial Manslaughter a criminal offence and will now have the highest safety fine in the country with maximum penalties of $16.5m and 20 years jail.

Victoria is the third state after ACT and Queensland to legislate to make Workplace Manslaughter a criminal offence. The new laws will commence on a day to be proclaimed or 1 July 2020 at the latest, but those found negligent before the legislation commences may still be prosecuted if an organisations work policies cause a workplace fatality before the commencement date.

When will Workplace Manslaughter apply in Victoria?

Workplace Manslaughter applies when all of the elements of the offence are proven:

  • the accused is a body corporate or a person who is not an employee or volunteer
  • the accused owed the victim a duty of care pursuant to sections 21 to 24 or sections 26 to 31 of the OHS Act (this includes duties owed to employees, contractors and members of the public) (applicable duties)
  • the accused breached that duty by criminal negligence in circumstances where there was a high risk of death, serious injury or serious illness
  • the act that breached the duty of care was committed consciously and voluntarily
  • the accused’s breach of the duty causes the victim’s death.

Workplace Manslaughter may apply even when the death of the person occurs sometime after the relevant incident. For example, depending on the circumstances, if an employee develops an asbestos-related disease after an employer exposed them to asbestos without the use of adequate personal protective equipment.

Who can be charged with Workplace Manslaughter?

A person, a body corporate, an unincorporated body or association or a partnership, including government entities and officers of these entities (but not employees or volunteers), who owe applicable duties to ensure the health and safety of another person in the workplace, can be charged with Workplace Manslaughter.

However, in certain circumstances, officers of organisations may be charged if their organisation owes applicable duties:

  • directors and secretaries of companies
  • partners of a partnership or joint venture
  • the trustee of a trust
  • persons who participate in the making of decisions that affect a substantial part of the organisations business
  • persons who have the capacity to affect significantly the organisations financial standing.

Negligent conduct

Voluntary and deliberate conduct is ‘negligent’ if it involves a great falling short of the standard of care that a reasonable person would have exercised in the circumstances and involves a high risk of death, serious injury or serious illness. It is a test that looks at what a reasonable person in the situation of the accused would have done in the circumstances. The test is based on existing common law principles in Victoria.

Negligent conduct can include a failure to act.

Examples of negligent conduct may include when a person:

  • does not adequately manage, control or supervise its employees
  • does not take reasonable action to fix a dangerous situation, in circumstances where failing to do so causes a high risk of death, serious injury or serious illness.

Causation: the conduct caused death

It must be established that it was the accused’s negligently criminal breach of the duty of care that caused the death. That is, his or her acts or omissions must have contributed significantly to the death, or been a substantial and operative cause of it. The acts or omissions must be such that an ordinary person would hold them, as a matter of common sense, to be a cause of the death. This is the existing common law test of causation.

Penalties

If convicted of Workplace Manslaughter, the following maximum penalties apply:

  • A maximum of 20 years imprisonment for individuals
  • A maximum fine of $16.5 million for body corporates

Note – the new laws will commence on a day to be proclaimed or 1 July 2020 at the latest, negligent conduct before the legislation commences may still be relevant for the purposes of prosecution if an organisation’s omission to amend unsafe work policies causes a workplace fatality post-commencement.

SOURCE: https://www.worksafe.vic.gov.au/victorias-new-workplace-manslaughter-offences

Ready to train your people in risk management, hazard identification and subcontractor management?

We have a range of programs to train your people in risk management, hazard identification  and subcontractor management which can be tailored specifically to your industry and organisational needs. Training can be delivered as individual modules or as part of one of our accredited programs.

You can see our full program suite here >> or see some relevant units below:

Risk Assessment & Hazard Identification

This program helps you identify and describe the difference between a hazard and a risk, and introduces a way of thinking about hazard identification and risk management as an everyday activity. 

It will also enhance the skills and capabilities of leaders in the areas of hazard identification, risk analysis and identification and how to implement appropriate risk controls.

Download the course outline>>

Subcontractor Management

Learn to effectively manage WHS site risks and performance by learning how to effectively select, manage and monitor the complex and difficult world of subcontractors.  It also covers the WHS obligations regarding subcontractors, stepping through the various stages of effective subcontractor management, including assessing, evaluating safety history, attitude and managing expectations of performance and reporting.

Download the course outline >>

BSB41415 Certificate IV in WHS

The BSB41415 Certificate IV in Work Health and Safety is a nationally accredited program which will teach you how to identify hazards in the workplace, assist with responding to incidents, assess and control risk and consult on work health and safety issues. This program is most suited to those in a Safety Officer or Health and Safety Representatives role, or those currently in leadership roles wishing to shift their career into Health and Safety.

Read more about this program >>

Want to find out more about how we can customise our programs to your industry and organisation?
Let's talk!
Call us on 1300 453 555, email info@safetydimensions.com.au or use our contact form here.

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Subscribe Now! >>

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Key WHS statistics Australia

Key WHS statistics Australia

Safe Work Australia compiles the National Dataset for compensation-based statistics which comprises information on workers’ compensation claims provided by each of the jurisdictional workers’ compensation authorities.

Although 563,600 people experienced a work-related injury or illness in 2017-18, the data in the Safe Work Australia report refers only to the 107,335 serious claims where the compensated injury or disease resulted in one week or more off work.

Why does it take so long to finalise the data?  Figures are updated only once all the appropriate authorities have investigated the deaths and more accurate information becomes available. Only then does Safe Work Australia include the incident in their statistics and publish their final report.

 

Key Findings

  • 144 fatalities nationally
  • 75% of workplace fatalities came from Transport, Postal & Warehousing / Agriculture, Forestry & Fishing / Construction & Mining in 2017-18.
  • 107,335 serious claims resulting in one week or more off work
  • $11,300 median compensation paid per claim

Fatalities By State 2017-18Fatalaties By State 2018

 

Number of fatalities, by gender 2017-18.

 

Number of fatalities, by industry 2017-18.

 

Number of fatalities, by occupation 2017-18.

 

Serious claims overall statistics, 2017–18

Serious claims overall statistics, 2017–18

 

Serious claims by nature of injury disease, 2017–18

Serious claims by nature of injury disease, 2017–18p

 

Serious claims by occupation, 2017–18

Serious claims by occupation, 2017–18p

 

Serious claims by industry, 2017–18

Serious claims by industry 2017–18p

Sources: Safe Work Australia https://www.safeworkaustralia.gov.au/


© Commonwealth of Austr​alia.

Australian Bureau of statistics http://www.abs.gov.au/ausstats/abs@.nsf/mf/6324.0

Learn More About Our Foundational Safety Leadership Program

Focusing on shifting individual attitudes and mindsets regarding how safety is viewed in the workplace, this program also teaches new skills and knowledge to embed behaviour change at an individual and organisational level.

To find out how we can customise this program for your needs call us on 1300 453 555.

Want to learn how to manage subcontractors?

Learn to effectively manage WHS site risks and performance by learning how to effectively select, manage and monitor the complex and difficult world of subcontractors.

Find out more by downloading the course outline below, contact us here or call us on 1300 453 555.

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Labour hire – what are your WHS obligations?

Labour hire – what are your WHS obligations?

When hiring labour, no one should assume that someone else is taking care of health and safety. Everyone in the chain is required to know who is doing what and work together  so risks are eliminated or minimised.

With major construction and infrastructure projects all over the country requiring large workforces, industry is increasingly turning to labour hire to fill the gaps in the workforce.
So what are your WHS obligations to labour hire workers?

Safe Work Australia has published a guide titled ‘Labour hire: duties of persons conducting a business or undertaking’ which provides information for all parties on complying with their health and safety duties for labour hire under the model Work Health and Safety (WHS) laws. This is for persons conducting a business or undertaking (PCBUs), and those involved in the supply of workers (labour hire PCBUs) to work for another business or undertaking (host PCBUs).

Essentially, when hiring labour, no one should assume that someone else is taking care of health and safety. Everyone in the chain is required to know who is doing what and work together with other duty holders so risks are eliminated or minimised as far as is reasonably practicable. What is reasonably practicable will depend on the circumstances.

According to Safe Work Australia, before you engage labour hire workers to carry out work, PCBU’s should consider:

  • Providing the labour hire PCBU/s with detailed information about the nature of work to be carried out, including details of, and where possible supporting material, relating to:
    • The work environment/s
    • Tasks to be performed
    • Accommodation arrangements
    • Any known hazards or risks
    • Any plant or equipment to be used
    • Organisational and WHS arrangements, including supervision arrangements and any other organisations responsible for the worker during the arrangement
    • Health and safety risks associated with the work, and
    • Any skills, knowledge, licenses and qualifications required to safely undertake the work.
  • Verifying, in consultation with the labour hire PCBU, that the selected worker/s have any necessary qualifications, licences, skills and training to carry out the work safely. In limited circumstances, you may be required to verify the worker/s are medically fit to carry out the work (see regulations 168 and 417(3)(b) of the model WHS Regulations)
  • Discussing with the labour hire PCBU, arrangements for health monitoring and vaccinations
  • Consulting with the labour hire PCBU/s on WHS matters including information in relation to who will provide any necessary equipment such as personal protective equipment (PPE), and relevant points of contact for health and safety between the organisations
  • Ensuring that general health and safety information about the work, workplace and work environment has been provided to the worker/s. Check that you have provided this information in a way that is suitable, adequate and readily understandable for the worker/s
  • Eliminating or, if that is not reasonably practicable, minimising risks in the workplace
  • Establishing, in consultation with the labour hire PCBU/s, a review process for ensuring the ongoing WHS of workers, and
  • Any more you can do to ensure the health and safety of all your workers.

The guide also covers what PCBUs need to do while labour hire is engaged in the project, as well as the obligations of those of the PCBUs involved in the supply of workers.

Source: https://www.safeworkaustralia.gov.au/media-centre/news/new-guidance-labour-hire-available

 

Want to learn how to manage subcontractors?

Learn to effectively manage WHS site risks and performance by learning how to effectively select, manage and monitor the complex and difficult world of subcontractors.

Find out more and download the course outline below or call us on 1300 453 555.

Why sleep is your superpower

Why sleep is your superpower

Are you and your workers skimping on sleep?

It’s been proven that sleep deprivation not only means poorer performance, productivity and safety outcomes, but has an impact on our physical health.

Researchers found workers losing just 16 minutes of sleep (from the 7-9 hours a night recommended) showed a difference between a clear-headed day at work or one filled with distractions.

At the point of sleep deprivation (less than 6.5 hours a night) the likelihood of a workplace accident increases by 70%.

In this deep dive TED Talk into the science of slumber, Matt Walker shares the good things that happen when you get good sleep — and the alarmingly bad things that happen when you don’t (with some surprising insights for men) on both your brain and body.

This includes sleep’s impact on your learning, memory, immune system and even your genetic code — as well as some helpful tips for getting some shut-eye.

 


Sources

https://www.sciencedaily.com/releases/2019/04/190423133605.htm
https://www.americansafetycouncil.com/content/osha-10-safety/


Need to get your people focused on all aspects of safety?

Download the Safety Leadership Foundation Program course outline or call us on 1300 453 555.

Learn More About Our Foundational Safety Leadership Program

Focusing on shifting individual attitudes and mindsets regarding how safety is viewed in the workplace, this program also teaches new skills and knowledge to embed behaviour change at an individual and organisational level.

To find out how we can customise this program for your needs call us on 1300 453 555.

Want to transform your organisation's safety culture?

Download Course OutlinesSafety Dimensions offers accredited and non-accredited leadership training for leaders, safety professionals and employees to support organisations to effectively deal with safety performance challenges.

We can train anywhere in Australia and our programs can be customised for your workplace and industry. Download our program guide.

Call 1300 453 555 or email info@safetydimensions.com.au

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What happens in an unsafe work environment? (Video)

What happens in an unsafe work environment? (Video)

In this brief video, Simon Sinek looks at what a psychologically safe work environment looks like and what happens to people when we don't create a safe place at work. People need to feel safe enough to share their honest feelings with the confidence that their bosses...

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