In a recent Fair Work Commission decision a worker was reinstated after he was dismissed for failing to sign onto a confined space permit and entering the space. The reason for reinstatement was that the workers supervisor had previously waived the need to sign on and that his actions didn’t cause any actual harm. This … Read more
The promotion of the implementation of safety management systems (SMS) to ensure compliance with the upcoming amendments to the Heavy Vehicle National Law must be approached with caution, particularly in an industry with 80% very small operators. The experience in the WHS space indicates that SMS may well create as many problems as they solve. … Read more
It is great to see the NHVR communicating accurately about the upcoming changes to the NHVL in October 2018. A recent newsletter (On The Road August 2018) issued by the NHVR confirmed that “Although the laws will change, they will still only apply to activities that a person or business has control over and could … Read more
In the 1960s, social psychologist Douglas McGregor developed two contrasting theories that explained how managers’ beliefs about what motivates their people can affect their management style, Theory X and Theory Y. Theory X managers believe that team members dislike their work and have little motivation and use an authoritarian style of management. This approach is … Read more
I am thoroughly thoroughly sick of government departments and the gate keepers of government tender processes who are not up to date with who must prepare SWMS and when they must be prepared. You are costing the community billions in wasted effort with NO safety benefit. Do you really want/ need SWMS for contractors who … Read more
In 2006 in Sweeney v Boylan Nominees Pty Limited [2006] HCA 19, the High Court held that Boylan (the employer) was not vicariously liable for the negligent act of the serviceman mechanic (contractor) when a fridge door the mechanic had serviced fell on an employee. In respect of the argument that the contractor was acting … Read more
Recent charges of reckless conduct laid against Multiplex Directors, Site Managers and the Site Safety Officer in respect of a incident involving an independent contractor may have people ramping up their scrutiny of contractors and increasing the reams of paperwork required from them to demonstrate management of safety. Well STOP. This case, I suspect, will … Read more
Two principle contractors who issued safe work method statements and directed safety activities for its contractors have been found guilty under WHS Act (NSW) 2011. The case also shows that by principles retaining control and allowing the contractor to be asleep at the wheel, safety outcomes were also made worse. Read the analysis here.
I had a great time presenting at the Safety Institute of Australia’s Visions Conference last week on all matters to do with managing contractor safety. The position around managing contractor safety is now very clear. I have attached my presentation from the conference for you which outlines the key concepts relating to the extent to … Read more
I often see advertisements offering WOHS (workplace/ occupational health and safety) inspections for strata title buildings. I also speak to Owners Corporations (OC) Committee’s, usually made up of residential owners, who are concerned about their obligations for WOHS for contractors and others. So, let’s clear it up. Strata title OC Committees of solely residential properties … Read more