This prosecution resulted from multiple workers falling to the ground with an ice compressor, as the roof space flooring gave way. It discussed moral culpability and duties between a client and their influence or control over works and contractors versus the contractors. Read the case for details on the incident. Extracts: · “Safe Work Method Statement… Continue reading SafeWork NSW prosecution: moral culpability, PCBU duties and control over works, and SWMS
Tag: due diligence
Night shifts and large gaps between work-as-prescribed and work-as-done: Maritime NZ case
Final post from the Maritime NZ case where the CEO (Gibson) was charged under a failure to exercise due diligence for a work fatality (Ports of Auckland Limited (POAL). Some extracts on night shift work and work-as-done: · “prior to Mr Kalati’s death, there was a culture, particularly on the nightshift, of the stevedores engaging in… Continue reading Night shifts and large gaps between work-as-prescribed and work-as-done: Maritime NZ case
CEO & board not receiving clear information on effectiveness of critical controls – Maritime NZ case
Fourth post from the Maritime NZ case where the CEO (Gibson) was charged under a failure to exercise due diligence for a work fatality (Ports of Auckland Limited (POAL). Some extracts on critical risks and controls: (** Post 2 in comments) · “As Mr Kahler succinctly put it, “gravity is generally [the] most common killer of… Continue reading CEO & board not receiving clear information on effectiveness of critical controls – Maritime NZ case
Ineffective audits and systems and false safety: Maritime NZ legal case
Third post from the Maritime NZ case where the CEO was charged under a failure to exercise due diligence for a work fatality (Ports of Auckland Limited (POAL). Some extracts on audits (and systems in post 2 in comments): · “Any effective system should also incorporate regular review and audit processes” · “the prosecution submits that prior… Continue reading Ineffective audits and systems and false safety: Maritime NZ legal case
Importance of understanding work-as-done: Fascinating extracts from CEO due diligence prosecution
Understanding work-as-done seen as critical for PCBUs and CEOs/Officers, according to this prosecution of a CEO who failed to exercise due diligence relating to a work-related fatality (Ports of Auckland Limited (POAL). Extracts: · “[234] “Work as done” is the reality of work as it is actually carried out by the workers on the shop floor.… Continue reading Importance of understanding work-as-done: Fascinating extracts from CEO due diligence prosecution
“A good leader and a conscientious officer may have the best intentions in the world but may still breach that duty”: Fascinating legal case of CEO due diligence prosecution
Fascinating read of a CEO charged for not exercising due diligence, resulting tragically from a work-related death (Ports of Auckland Limited (POAL). Posted over multiple days, as it also covers work as done, critical risks, audits, indicators, inconsistent nightshift practices and more. Starting with due diligence: · “A good leader and a conscientious officer may have… Continue reading “A good leader and a conscientious officer may have the best intentions in the world but may still breach that duty”: Fascinating legal case of CEO due diligence prosecution
Safety metrics and reports “make no contribution to proving the effectiveness of our crucial systems” – Paper Safe, Greg Smith
A few apt extracts from Greg Smith’s excellent ‘Paper Safe’. If you’ve not yet read this or Proving Safety, then do yourself the favour. Greg argues: · Many indicators in use are measures of activity and usually tell us something has been done · But, “They tell us nothing about the quality or effectiveness of the activity”… Continue reading Safety metrics and reports “make no contribution to proving the effectiveness of our crucial systems” – Paper Safe, Greg Smith
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