Engineering company Andrew Buchanan Engineering Ltd has been fined $300,000, following an incident in which a worker was fatally crushed at a Leitchville factory in Victoria in 2017. The company was sentenced without conviction after pleading guilty to two charges of failing to ensure, so far as was reasonably practicable, that the workplace under its management and control was safe and without risks to health.
The company was engaged to oversee the dismantling and packing of equipment at a decommissioned cheese factory, for relocation to New Zealand, when the incident occurred. However, there was no representative from Andrew Buchanan Engineering on site when a condenser weighing 770 kg was moved into a closed-top shipping container with a crane in December 2017.
Two workers were inside the container, preparing to remove skates from underneath the condenser, when it fell off a jack and crushed them. A 59-year-old man died at the scene, while another man was seriously injured. An investigation by WorkSafe Victoria revealed that there were reasonably practicable measures available that could have reduced or eliminated the risks associated with the task, including using an open-top or flat rack shipping container. The company also failed to ensure that the workers packing the equipment were appropriately supervised.
WorkSafe Victoria Executive Director of Health and Safety Dr Narelle Beer said it is crucial for duty holders to ensure proper plans are in place before high-risk work commences. “Workers must be provided with clear instructions on how to perform tasks safely, especially when working with heavy machinery. WorkSafe will not hesitate to prosecute duty holders who fail to do all that is reasonably practicable to protect health and safety in workplaces under their management or control,” said Dr Beer.
A-1 Engineering Pty Ltd has also been charged and will appear in the Bendigo County Court for an application on 2 February 2022.
To manage risks, WorkSafe Victoria urges duty holders to ensure that work involving lifting or suspending loads is thoroughly planned, to identify designated lifting areas, landing areas and load travel corridors. Duty holders should also ensure that the appropriate shipping container configuration is chosen for the specific piece of equipment being loaded or unloaded, and that an appropriate mechanical aid is selected to lift or move heavy machinery in a controlled manner. Workers must also receive the necessary instruction, training and supervision to enable them to perform high-risk tasks safely.
Regular access to elevated points on buildings or structures to perform routine maintenance or other tasks is not uncommon. In these situations, a fixed ladder integrated into or onto a structure is often used and it’s not unusual for a cage to be installed around the ladder in the mistaken thinking this will mitigate the risk of injury should a worker fall while climbing. But a fixed ladder with a cage is not a fall arrest system. In fact, as of 19 November 2018, the United States’ Occupational Safety and Health Administration (OSHA) has taken the formal stance that cages are not considered compliant fall protection on newly installed ladders.
Research into the effectiveness of fixed ladder cages has shown that they do not provide sufficient protection from falls. This research prompted OSHA to provide new parameters that are intended to improve protection from falls at height, provide greater flexibility and ease of use for workers, and make decisions around compliance and suitable solutions easier to navigate. These OSHA General Industry regulations were updated to reflect the changing understanding of and attitude towards the safety of fixed ladder cages and ladder climbing in general. What this change effectively means is any fixed ladders that need to be installed, repaired or replaced must be done so in accordance with the new Standard. Installing a certified ladder safety system that includes vertical lifelines or overhead self-retracting lifelines (SRLs) are both options thatprovide safe and effective means of access, and are easy to install as part of a new build or as a retrofit to existing ladders.
In 1996, OSHA 1910.21 defined a cage as “an enclosure that is fastened to the side rails of the fixed ladder or to the structure to encircle the climbing space of the ladder for the safety of the person who must climb the ladder”. On the other hand, it defined a ladder safety device as a device “designed to eliminate or reduce the possibility of accidental falls”. The difference in these definitions shows the way both safety devices were viewed at the time those regulations were implemented. Ladder safety devices were specifically intended to prevent or arrest falls, whereas cages were intended to improve safety without any specific explanation as to how they would do so.
These changes to the OSHA regulations have not necessarily been immediately reflected in other international standards and codes, but this change does represent a broader shift in how we look at the associated risks of ladder climbing. There is an existing assumption around safety at heights that if a caged ladder ‘complies’ with the relevant building codes, and if an employee were to then slip and fall from the ‘compliant’ ladder, the employer or building owner would be safe from any litigation. But this is not the case. It is the responsibility of the building designer, owner and employer to provide a safe work environment. This means ensuring that whatever means of access, the most suitable safety solution is applied. Should an incident occur, investigators and the court system will refer to best practice protocols to assess whether the system met the needs as determined by risk assessment.
Fall Arrest Solutions
For a person climbing a ladder, there are two systems that will genuinely provide fall protection:
A self-retracting lifeline (SRL) that is fixed to a suitable anchorage point at the top of the structure and connected to the operator’s harness. OR
A guided fall arrest system (vertical lifeline) that is permanently fixed to the ladder.
Installing an SRL to the top of a ladder typically provides an easy solution, but it is not always practical considering the constant exposure to the elements and need for a rated anchor point. Hence the design of a good fall arrest system must take into account some basics of modern fall protection thinking:
The system must be easy to use. If it is not, the level of compliance may be lower than expected.
The system must limit the forces that will be applied to the person in the event of a fall to less than 6 kN — the less force the better.
The system must not drag on the person as they climb, otherwise it makes climbing all the more difficult, increasing the risk of fatigue.
A fall arrest system must be a system of components that enable the line of the system to follow the building or structure that it is connected to.
A good system will provide ‘continuous connection’ from the moment the person leaves the ground. This will enable the person to climb to wherever the job is, carry out the task and return, without disconnecting from the system.
There is still an argument for maintaining ladders in combination with an approved fall arrest system, particularly in circumstances where climbing may occur in a highly exposed environment where a cage may provide a level of physical and psychological comfort which can be very important to the climber. However, a cage around a ladder is not going to prevent an unconscious person from falling, whereas a fall arrest system will capture the user within a short distance. A caged ladder must not be mistaken for a ladder with an integral fall arrest system. Only a ladder (caged or otherwise) fitted with a fall arrest system will provide long-term safe access for workers in a way that will minimise the risks involved in climbing.
However, there are some obvious risks in the use of ladder cages as a primary safety method; for example, the potential for head-strike during a fall, loss of consciousness and creation of an extremely difficult rescue scenario for first responders. There are also cases of gruesome entanglements where falling workers tear off body parts during a rapid, uncontrolled descent. These kinds of risks are addressed when vertical lifelines are installed as safety systems. When applying the Fall Protection Hierarchy of Controls, it clearly identifies that a fixed ladder is not the ideal means of access if the work area requires frequent attention. In such circumstances, engineering out the risk by removing the need to access the area by moving essential plant and machinery to a more accessible position or the use of passive or collective systems (eg, stairs and walkways) are more appropriate, if possible.
Ultimately, as workplaces have changed, the understanding of hazards has also increased and subsequently the development of solutions and technology to manage those risks has evolved. Adopting best practice is always the most effective means of maintaining the health and safety of a workforce, and the use of cages does not reflect best practice. OSHA’s shift represents a positive step in reinforcing higher standards of safety and helps identify existing gaps in our current methodologies. Best practice includes the use of methods and techniques that best display thorough and effective safety management protocols, and looking at systems design, user profile, frequency of use and testing and certification as indicators of suitability.
*Scott Barber is a professional marketer, copywriter and safety specialist with over 20 years’ experience designing, driving and facilitating communication and education as a fundamental engagement tool. Specialising in safety and rescue, both operationally and as a consultant, he uses his experience across multiple industries to deliver solutions targeting specific stakeholders using communication as the critical driver for change.
As a voice for industry, our industry tiers of membership reflects leadership in the field. To support our members and help maintain our position as a leading advocate for safety, and agency for change on current and emerging issues, the WAHA have announced that they will resume hosting Technical Meetings in the 2022 year.
The first event, scheduled for the 19th of January 2022. During this WAHA Technical Meeting we will engage with our members, and guests who work within the working at height and confined spaces industries as we continue to work on a number of projects around the need for standardised training.
The second event is scheduled for the 24th of February 2022. During this WAHA Technical Meeting we will engage with our members, and guests on topics surrounding the installation and certification of height safety systems.
COVID-19’s implications for your management liability
The pandemic raises an extra layer of unpredictability for directors and officers of companies, so this article is a handy checklist about what you need to monitor.
Your business is undoubtedly familiar with the nuts and bolts of your disaster recovery plan due to the current pandemic. It’s a much-changed landscape for risk. So how can you use your insights to better plan for the implications of possible management liabilities in the current climate?
This Article was written by the WAHA CEO, Scott Barber, for Safety Solutions.
When it comes to deaths and serious injuries resulting from falls from height, construction workers top the list. Despite a focus from regulators, a more holistic approach is needed to improve worker engagement and manage risks through fall protection measures, training and environment-specific solutions.
According to Safe Work Australia data, the workers most at risk of death and serious injury as a result of falls from height are those in the construction industry. The most recent published statistics indicate that there have been 122 fatalities attributed to falls from heights over the past five years, accounting for 13% of all worker fatalities over that period. The figures also indicate that even though serious workers compensation claims resulting from falls from heights declined by 17% between 2009–10 and 2018–19, falls from heights still accounted for 6% of serious claims. If we reference the latest data, the 2019 statistics, they indicate that of the 183 fatalities over that 12-month period, 11% are credited to falls from height and another 11% attributed to falling objects. That’s a total of 42 deaths with an aligned mechanism of injury.
These findings paint a clear picture; despite the focus from regulators and the ever-present risk of working at height, it appears that there is still a lack of engagement with best practice around the management of the key risks despite the devastating effects on workers’ wellbeing and safety. What is also clear is that there is a decisive link between the nature of the environment where these incidents occur and the resultant statistic whereby 22% of the worker fatalities in the construction sector occur from what can be described as ‘at-height’ incidents.
The dangers
The outcomes of falls in the workplace are more likely to be life-threatening when compared to many other incident types. While other common mechanisms of injury, such as manual handling, overexertion, and vehicle or machine accidents are more likely to cause injury to a particular body part, the injuries resultant from falls can easily have wider-spread complications that can affect the whole body, cause significant damage to vital organs and, if not directly resulting in death, have life-altering, long-term consequences.
In other words, working at height may not be the most common incident type, but when incidents do occur, they are much more likely to be fatal compared with other occupational hazards. With such potential consequences, there is a need to address work at height as a broader risk profile. Increasing awareness around the potential for harm and the methods for avoiding these hazards will create more effective engagement and eventually lead to a reduction in events. Knowledge is power, so underestimating and devaluing the high-risk nature of the work environment, and consequently, the level of competency required to operate safely in these spaces, leads directly to a higher incident rate. Ensuring those working at height are educated sufficiently to assess risk appropriately and manage it accordingly is the key to the reduction in these statistics.
Using safety protection correctly
Effective fall protection depends on an informed choice of equipment, the knowledge of how to use it correctly and how to safeguard oneself and others from potential hazards. Workplace safety is, therefore, a two-step process that involves technical support from safety systems and personal protective equipment (PPE) that can shield and protect in dangerous situations and secondly, human support in the shape of comprehensive training, instructions in the form of safe work method statements and expert guidance and advice. Neglecting either of the two will potentially lead to deficiencies in safety systems, resulting in breaches of procedure and a more exposed worksite.
Only professional, competent health and safety specialists can advise on how to design effective solutions and increase compliance while accounting for site-based and case-specific conditions. Safety equipment has become vastly more effective and affordable in recent years, making it easier to choose the right solution for specific tasks. This is a shift from specifying a one-size-fits-all solution and the assumption it will provide protection regardless of task specifics. Utilising a combination of fall arrest systems, edge protection and safety equipment, including PPE and tool lanyards, will lead to a reduction in incidents if used correctly.
Applying the hierarchy of controls informs and frames the most suitable approach to solutions modelling, so engaging with a subject matter expert will help identify the most suitable path forward. But ultimately, correct use is the key; even the newest and most expensive equipment cannot be effective if the worker does not know how to use it properly. While there are many guides on equipment selection, these guides are based on a hypothetical application and assumptions around work environment and do not provide the unique risk-profile and informed criteria that can only be determined by truly competent subject matter experts, be they internal or external consultants. Combined with practical training, not just theory-based working at height courses, operators at height can apply the tools and techniques more efficiently, empowering individuals to make safer choices without needing to compromise due to poor equipment selection.
Therefore, safety training should be a top priority for any company, regardless of the size or the industry. Safety training, performed by professional subject matter experts at regular intervals, will educate crews on how to use the equipment, how to spot a potential hazard, and maintain skillsets and a safety culture in the workplace that will inspire more awareness and interest in working safer. Applying application specifics into training packages allows for the inclusion of the safe use of tools and tool lanyards in height-based work environments. Including these processes into a formal work method helps mitigate the risk of dropped objects highlighted in the statistics.
The future of fall protection
At a state and territory level, SafeWork and WorkSafe are running fall prevention campaigns as part of an initiative to decrease the number of victims of falls from height. This includes the highlighting of dropped objects as a significant contributor to injury and fatality statistics. In the end, however, even with the active campaigning from regulators, the responsibility for creating awareness among a workforce and instituting change when it comes to safety culture and processes lies with the employer. But by empowering those who work at height with the suitable knowledge and skill sets to appreciate the true nature of the risk, an effective multilateral approach can be applied.
The future of safe working at heights will be decided in close cooperation and collaboration with those directly affected by it, the employees. Ensuring appropriate training is provided as a key component of all at height tasks and not relying on ‘tick-the-box’ approaches to safety training ensures operators are prepared and able to continually assess hazards throughout the task, with situational awareness being supported by actual competencies. Companies that look at safety as a task that can be handled on the executive level are taking the wrong approach. An understanding of safety culture will only reach the worker if they are engaged, skilled and involved in the discussion, and only then can all work together to reduce fatalities.
These statistics should be considered in the broader context of the COVID-19 pandemic when comparing data over previous periods. The potential impact of the COVID-19 pandemic on this data are explored in the COVID-19 and Safe Work Australia data report.
The Working at Height Association is pleased to announce that a new Industry Code has been released!
The Industry Code for Fixed Platforms, Walkways, Stairways and Ladders for Working at Height has been compiled with input from Regulators, Manufacturers, Industry Associations and people with technical knowledge in the subject.
This Industry Code is intended to provide further guidance and is for use by installation companies, inspection entities, end users, facility managers and building owners on the recommended best practice methodologies to ensure safe access to a system, system design, installation and inspection of fixed platforms, walkways, guardrails, mesh screens, stairways and ladders.
It is also the outcome of a period of significant public and industry consultation and input, we therefore commend its use by all entities with an interest or need in managing these safety systems.
Understanding the causes of injury and the industries most affected can help reduce work-related fatalities, injuries and disease. Work-related fatalities, injuries and illnesses have a devastating impact on workers, their families and the community.
Each year, Safe Work Australia produces national work health and safety statistics, providing important evidence on the state of work health and safety in Australia.
Our latest publication provides an overview of national work-related fatality data for 2020 and workers’ compensation claims data for 2019-20.
Work-related fatalities 2020
Tragically, 194 people were fatally injured at work in 2020.
Key findings include:
The fatality rate of Australian workers has decreased by 50% since 2007.
96% of worker fatalities in 2020 were male.
Vehicle collisions accounted for 41% of all 2020 worker fatalities.
Machinery operators and drivers had the highest number of fatalities by occupation (67 fatalities) in 2020.
The agriculture, forestry and fishing industry had the highest worker fatality rate in 2020.
Workers’ compensation claims 2019-20
There were a total of 120,355 serious workers’ compensation claims in Australia in 2019-20. This is an increase from 114,435 claims in 2018-19.
Body stressing was the leading cause of serious workers’ compensation claims in 2019-20, accounting for 37% of all serious claims.
Working in heat can be hazardous and is a common cause of harm among Australian workers. Some common risks of working in heat include heat-related illness, dehydration, burns and reduced concentration.
Safe Work Australia has updated our guidance material on managing the risks of working in heat. The new guidance reflects changes made to the recommended first aid for heat stroke.
This guide provides practical guidance for a person conducting a business or undertaking (PCBU) on how to manage the risks associated with working in heat, including information on first aid for heat-related illnesses that reflects updated medical advice.
Working on roofs involves a high degree of risk, Safe Work NSW and other State and Federal Regulators have been concerned at the mounting number of injuries and death when workers are fitting Solar panels to cottage roofs.
Fitting Solar panels and equipment to the roofs of cottages and other buildings such as high Rise & Industrial Buildings leaves the worker exposed to hazards such as roof access, fragile roofs, electricity, manual tasks, falling objects, exposure to heat and sunlight.
All work on roofs is highly dangerous, even if a job only takes a few minutes. Proper precautions are needed to control these risks and such work may be considered ‘construction work ‘which includes work carried out in connection with fitting to, altering, converting, renovating, repairing, maintaining, demolishing, or dismantling a roof of a structure.
Examples of these activities include tiling, roofing restoration and installing solar panels. Minor work on roofs that is not considered ‘construction work’, for example cleaning roof gutters or replacing individual roof tiles, can also have the same hazards, especially the risk of falls.
Safe Work require those carrying out work on roofs must be trained, competent and instructed in use of the precautions required though do not mandate this training. A ‘method statement’ is the common way to help manage work on roofs and communicate the precautions to those involved.
Contractors should work closely with the client and agree arrangements for managing the work specifically for roof access, roof edges, openings, skylights, and fragile roofs
There is a misconception that Working at height means working at a height of 2 meters or more.
Working at heights is where there is a risk of falling from one level to another – injury and death may occur in heights less than 2 meters and falls from any height can leave workers with permanent and debilitating injuries such as fractures, spinal cord injuries, concussion and brain damage. The risk of serious injury or death from a fall increases when working on roofs.
Hazards to consider in managing fall risks include:
unprotected edges
fragile surfaces
skylights
holes or vents
Additionally, weather conditions such as wind and rain (for example being blown over the edge or slipping on a wet roof surface), trip hazards (for example roof components and protrusions) and overbalancing when close to an edge while hauling components onto the roof or losing grip on steep pitched or sloping roofs.
Workers such as electricians, plumbers, pest control operators, installers of roof aerials, solar panels, and air-conditioning systems, can trip and fall on roofs, through roofs and openings or while accessing or exiting roof areas.
Work Safe statistical figures suggest almost one in five deaths in construction work involve roof work. Some are specialist roofers, but many are just repairing and cleaning roofs.
Main causes: the main causes of death and injury are falling from roof edges or openings, through fragile roofs and through fragile roof lights.
Equipment and people: many accidents could be avoided if suitable equipment was used and those doing the work were given adequate information, instruction, training and supervision.
When planning to work on a roof one of the first areas we should look to is the safe access to a roof which requires careful planning, particularly where work progresses along the roof.
Typical methods to access roofs are:
general access scaffolds;
stair towers;
fixed or mobile scaffold towers;
mobile access equipment;
ladders
roof access hatches.
Roof edges and openings
Falls from roof edges occur on both commercial and domestic projects and on new build and refurbishment jobs. Many deaths occur each year involving smaller builders working on the roof of domestic dwellings
Sloping roofs: sloping roofs require scaffolding to prevent people or materials falling from the edge. You must also fit edge protection to the eaves of any roof and on terraced properties to the rear as well as the front. Where work is of short duration (tasks measured in minutes), properly secured ladders to access the roof and appropriate roof ladders may be used.
Flat roofs: falls from flat roof edges can be prevented by simple edge protection arrangements (there are several different types of edge protection available) – which can be easily mounted and secure the roof edge
Fragile surfaces
Special care needs to be taken when working on fragile roofs, follow a safe system of work using a platform beneath the roof where possible. Work on or near fragile roof surfaces requires a possible combination of staging’s, guard rails, fall restraint, fall arrest and safety nets slung beneath and close to the roof.
Fragile roofs: all roofs should be treated as fragile until a competent person has confirmed they are not. Do not trust any sheeted roof, whatever the material, to bear the weight of a person. This includes the roof ridge and purlins.
Fragile roof lightsare a particular hazard. Some are difficult to see in certain light conditions and others may be hidden by paint. You must provide protection in these areas, either by using barriers or covers that are secured and labelled with a warning.
The risk of falls must be managed using the most effective control measures that are reasonably practicable, in accordance with the hierarchy of controls. If a single control measure is not enough, a combination of control measures can be used. In order of the hierarchy of control, control measures start with eliminating the risk of falls by avoiding the need to work at height.
For example, installing air-conditioning and similar units at ground level, using devices with extension handles to reach items on or near the roof.
Reducing the amount of time spent working on roofs if working at height cannot be avoided, providing the following safe systems of work such as fall prevention devices. This may be achieved through roof safety mesh, guard railing, scaffolding or elevating work platforms if fall prevention devices are not reasonably practicable, use work positioning systems. Additional systems include travel restraints—these are designed to prevent workers from reaching an edge where they could fall, or if work positioning systems are not reasonably practicable, use fall-arrest systems.
Examples of fall arrest systems include catch platforms, individual fall-arrest systems with harnesses and anchor points and safety nets—these are designed to reduce the severity of injury in a fall. For minor roof tasks of short duration (less than a couple of hours) that are carried out in good weather conditions on a standard single storey roof where the roof itself is flat or almost flat, structurally stable, and non-slippery, safe work procedures (e.g., ensuring workers maintain a 2-metre distance from all exposed edges when working on the roof) and the safe use of ladders may be sufficient to minimise the risk of a fall.
Safe Work NSW has released a SOLAR Installers check list which may be found on their web site www.safework.nsw.gov.au/…/solar-installers-safety-checklist other Regulators have work practice documents providing information on Safe Work on roofs, these documents are supported by regulation and should assist in the preparation of safe work practices which may be reflected in the Safe Work Statements.
The safety guide provides the solar industry with clear direction on controlling risk, including a simple safety checklist for people working in the industry, instructions on developing a site-specific safe work method statement and minimum fall protection measures. Businesses that sell, design and install solar systems have duties to provide and maintain a working environment that is safe, and no solar installer should be working on a roof without fall protection in place.
