If there's been a District Court Case you are interested in,the judgements of the District Courts of NZ are searchable here Put "Worksafe " in as a search term and you'll get the various cases returned.

In the Genera case, will be interesting to see how they discharge their duties outlined in the case Matt linked.

Done some digging Robb, and you are quite right, Section 10 does apply because of the way logships are effectively chartered to uplift and deliver logs to their destinations by a New Zealand agent consolidating a shipload from different suppliers, and/or brokering the sale of the cargo amongst different purchasers.

Not clear that those sections apply in this this case Robb, vessel was well outside EEZ and not involved with mineral recovery/research so Section 11 is knocked out.

If Bunun Justice was an NZ registered ship then HSWA would apply under Section 10, but it's Panamanian-flagged log ship, and was on its way to China and outside our EEZ when the injury occurred. So this case isn't,or at least, doesn't seem to be covered by the provisions of Section 10, so it will be interesting to find out what Maritime NZ used.

If you read through their other media releases relating to cases they have prosecuted Keith, they have listed what has prompted them to do that, so hopefully they will in this case.

Since it sets a precedent, I'm sure SafeGuard will do a feature piece on it, as will any employment law firm with a blog/monthly newsletter etc.

Moral: get qualified and do your job competently. — Chris Peace

Words to live by, Chris.

WorkSafe has stated the following in regards to a H&S per not being an officer
"Who is not an officer?
People who provide health and safety or other advice, or make recommendations to senior leadership are not officers solely on this basis. — Mark Kenny-Beveridge

Our friends, the regulators, frequently say things that are at odds with the various Acts and Regulations that they should be overseeing and ensuring compliance with Mark. Doubtless, there are many reasons for this.

But whatever the cause, the effects are, a largely static workplace death rate and a steadily growing serious workplace accident rate, with the notable exception of the forestry sector, why is that do you suppose?..

That would be something to suggest Matt, but there are a number of other standards that are mandatory to comply with such as AS/NZS 3000, they aren't free, but totally accessible to the general public if they pay, and are freely accessible by registered electrical workers with a current practicing license.

Since it's Friday

But they look pretty and gives the appearance that we've considered the possibilities, and done something to reduce/control them — Steve H

What about something pretty to replace them Matt? it's all very well to actually reduce the level of risk,but justice must be seen to be done. Said somewhat tongue in cheek, I agree with you.

I also wonder what their response would be if you had followed up their answer with "is that what you would say to a WorkSafe Inspector?" Whilst pulling out a card from your wallet for added dramatic affect! — MattD2

I did suggest that they positively ventilate the hole, and consider what they would tell the nearest and dearest of anyone damaged in the event anyone gets CO poisoned. There is an element of double jeopardy, in the right concentration, CO can also create an explosive environment.

It did become a moot point, as they pulled the Mini Excavator out of the hole the next morning. Then we learned that the local council insisted they dig the hole in a certain location, and it's somewhat off where it needs to be for them to complete the project..

35 parts per million is pretty slight, but the point at which it's effects can affect those exposed to CO.

Hi Amy

HSE UK : Hazardous Area Classification and Control of Ignition Sources

ATEX Safety | Potential Sources of Ignition

ATEX Safety | Hazardous Area Classification

ATEX Safety | Static Ignition & Thermal Instability

The above three links are all part of a series on this topic

Here's another link for you Brendon, UK related but might be useful

Assessing the safety of petroleum fuel tankers (November 2015)

NSW- Safety Alert Fatality From Hot Work On Diesel Fuel Tank

This will be of most interest to you, I think.

ACOP- Flammable Liquids Road Tank Wagons

Here in NZ there do not appear to be any legal precidents regarding the legal liabilities of H&S Professions. The nearest I can find is one in the UK - there may be others - safety-management/director-safety-consultant-jailed-labourers-death. — KeithH

That link certainly shows the potential liability that a "cut and paste job" could get you, nice find Keith :up:

But they look pretty and gives the appearance that we've considered the possibilities, and done something to reduce/control them — Steve H

But they look so pretty Chris, however I agree with every word in your post

OK it's Friday and I missed last week, due to climbing on the Milford Wander for a cruise around Doubtful Sound, strongly suggest you take a break and do it too.

Anyway on with the show
Minions on Dr Google



Form that support group now

How did you get on with your assignment question relating to skin cancer, and which of Worksafe's 5 health risk categories it would fit into, Riki?

OK, so Sarah's original post has sucked me into watching a bit of The Block, and I agree there is some laxity with normal H&S practice that needs some improvement.

First step would be to draw those shortcomings to the attention of Discovery (the new owners of TV3- makers of the show) and give them the opportunity to tweak it.

Then BSA, would be interesting to be a fly on the wall when Mark Richardson learns his baby is under H&S scrutiny, if we thought Grant Dalton was OTT, then Rigor's response could be volcanic

Hi Brendon

Here are some links for you to have a look at:

Lessons To prevent Deaths From Hot Work On Tanks

Hazards Of Airplane Fuel Tank Entry

Managing Hazards In An Automotive Workshop

Sample Job Hazard Analysis PDF

IMHO, most controls utilised are from the bottom two levels of the Hierarchy of controls usually because of ease, simplicity and cost. How many come from the top three levels? — KeithH

Yes on the money Keith, pretty much none are of the top three levels are controllable by the folk being asked to use them.

DR 21012 AS/NZS 3760:2021 In-service safety inspection and testing of electrical equipment and RCD’s
This standard was prepared by the Joint Standards Australia/Standards New Zealand Committee EL 036 – In-service testing of electrical equipment to supersede AS/NZS 3760:2010 and its Amendment No. 1 (2011) and Amendment No. 2 (2012) 12 months from the date of publication. This edition has undergone a complete revision.

In-service testing is a necessary part of any safety programme to help ensure the safety of persons using electrical equipment in the workplace. This standard specifies in-service safety inspection and testing protocols and criteria that satisfy these obligations, and provides a cost-effective approach to safety without jeopardizing personnel safety or involving excessive equipment downtime.
Note: In-service testing and inspection deals with the safety of electrical equipment and not just the electrical safety.

The philosophy of the document is to provide an inspection and testing regime capable of implementation with only simple instrumentation, and performed by a person not necessarily having formal qualifications or registration, but who has the necessary practical and theoretical skills, acquired through training, qualification, experience or a combination of these, to correctly undertake the tasks prescribed by this standard.

Closing date for comments 23/8/2021 — EL036 A/NZ Standards Committee

Got a problem with what 3760 asks you to do to ensure the safety of electrical appliances used in your workplace- now is your opportunity to have your say.

Download the proposed draft standard here