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OH&S, real cases, real people ... smarten up! Get professional or get fined.

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Old 28th March 2007, 06:16 PM   #1
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Default OH&S, real cases, real people ... smarten up! Get professional or get fined.

You dont have to be a genius to figure out that many are cutting corners in this dept.

Many think it'll never happen to them.

Many think, oh he's a contract climber she'll be right.

Many think, I'm the boss I'll do whatever the hell I like.

Many are wrong!

I know things vary from State to State but from personal experience by what I see this industry is a shocker. Extremely high risk but at times a very casual approach. So as a big billboard to say it can happen to you and you can get busted I figured I'd start a thread on real cases.

How's this case in Tasmania .... pretty different when they fine the victim for not doing the right thing! (way to go) http://abc.net.au/northtas/news/200407/s1149513.htm
Quote:
Man fined for tree felling accident

Thursday, 8 July 2004

A man from Tasmania's east coast who was charged with failing to take care of his own health and safety while lopping a tree, has been fined.

Donald James Bennett received a $2,000 fine in the Launceston Magistrates Court.

Bennett who is employed in the forestry industry, was charged under the Workplace Health and Safety Act after he was injured by a limb that was dislodged when he felled a tree.

Workplace Standards alleged he used inadequate techniques to cut the tree down.

Magistrate Peter Wilson said there was no doubt Bennett's felling technique on the day was not up to standard and had he adhered to the standards, he could have avoided the accident.

Bennett faced a fine of up to $10,000 but only received a $2,000 fine.

The magistrate took into account that Bennett had suffered significantly from the incident, having spent eight days in hospital.
In this case also from Victoria a man was fined for $70,000 after a death on the job site. It appears they were pushing trees over with an excavator perhaps no scarf (notch for the yanks) but some-one unseen was within the 2xtree length exclusion zone got killed.

http://www1.worksafe.vic.gov.au/vwa/...400101B1C?Open

Quote:
Applying control measures can save lives in tree felling
February 28, 2006

WorkSafe has highlighted the danger of failing to develop and follow proper control measures during tree felling operations – a move that can have fatal consequences.

Paul Alan Francis Pty Ltd trading as Able Tree Services was today convicted and fined $70,000 after pleading guilty to two charges laid under the Occupational Health and Safety Act 1985.

The charges arose out of an incident in May 2002 in which a man died during a tree felling operation in Langwarrin. Among his workmates was his then 22-year-old son.

Judge Chettle, in the County Court, was told the man was working at a residential subdivision, trimming foliage on trees that had already been felled when a 21 metre high tree fell on him.

WorkSafe’s investigation, which included a report by an arborist, found a number of safety deficiencies and departures from industry practice had contributed to the man’s death. These included:

? felling trees using only a back-cut, which results in less control over the direction of the fall;
? not removing rot from the tree prior to felling;
? felling against the lean and crown weight of the tree;
? not enforcing the personnel exclusion zone (two times the height of the tree);
? not undertaking a job safety analysis or risk assessment for each individual tree;
? tree stumps and unfelled trees in the fall zone creating a risk of the tree not falling as intended.

WorkSafe’s Executive Director, John Merritt, said the unsafe felling or lopping of trees could have disastrous results, with workers or members of the public at risk of being killed or injured, and property damaged.

"Following this incident, the company created a new induction manual for employees and wrote safety procedures that conformed with industry safeguards and practices.

"However, these were actions that could have easily adopted without a needless loss of life."

Mr Merritt said tree felling and pruning had many potential hazards, with a number of incidents in recent years occurring in both logging operations and urban tree felling.

"It is critical that employers undertake a job safety analysis to assess the risks and put in place control measures, such as establishing a work exclusion zone of two tree lengths," Mr Merritt said.

"Those working in tree felling operations also require competency-based training so they can identify characteristics of individual hazardous trees to enable directional control of the falling tree."

He said WorkSafe had developed guidance material to help reduce the number of incidents and was working closely with the State Coroner’s Office and Tree Felling Safety Group, which was set up to promote health and safety in the industry.

Further information about safety in tree felling can be downloaded from WorkSafe’s
website, www.worksafe.vic.gov.au or by phoning the Advisory Service on 1800 136 089.


The charges:

Sections 21(1)&(2)(a) and s21 (2)(e) of the Occupational Health and Safety Act 1985.

s21 Duties of employers

(1) An employer shall provide and maintain so far as is practicable for employees a working environment that is safe and without risks to health.

(2) Without in any way limiting the generality of sub-section (1), an employer contravenes that subsection if the employer fails -
(a) to provide and maintain plant and systems of work that are so far as is practicable safe and without risks to health.

and

(2)(e) to provide such information, instruction, training and supervision to employees as are necessary to perform their work in a manner that is safe and without risks to health.
And from this link this little word of advice ...
http://www1.worksafe.vic.gov.au/vwa/...C00288DC4?Open

Quote:
"There are very few ‘freak accidents’. Most people die or are hurt at work as a result of foreseeable factors," Mr Merritt said.
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Old 29th March 2007, 04:01 PM   #2
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All you can really do Ekka,is find out what they want you to do to comply,eg:white card(green card)do your hazzard risk assement and have all parties sign off on it,regarding their part in the puzzle,have all your manditory insurance..and above all don't be afraid to implement any safety measures..and if any one interferes with this procedure,"say ok sign here" so you can prove they refused to comply!! I mean it's going to be hard as you can't watch your backyard while watching the front,but we have to comply,we try an cover all bases but it is hard as the very thing we do makes folk inquisitive!!!
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Old 29th March 2007, 07:31 PM   #3
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For some reason people think it doesn't apply to them.

I have subbed for many crews and what I see doing that plus as I drive around is very poor.

What I am trying to achieve here is publicizing the fact that people do get hurt and fined.

So if you know of other relevant cases post them here. I know of a few but no fines implemented, you have to search for them, they are out there.
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Old 4th April 2007, 11:26 AM   #4
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Ekka have you ever heard of the TFSG (Tree Fellers Safety Group)?

I just read a PDF from WorkCover about Tree Felling Fatalties Prevention and it mention this group (TFSG) made up of qualified arbs', foresters aswell as local government and WorkCover officials. They have meetings every 6 weeks with over 500 attendees or so about fatality prevention.

They seem big but reading the PDF was the first time I had ever heard of them. I even googled them and it brought nothing up?

I'll post the PDF soon..
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Old 4th April 2007, 06:27 PM   #5
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Never heard of them, now that would have to be the place where changes are made.

I'll hunt around too, how could 500 people keep a secret like that?
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Old 4th April 2007, 06:54 PM   #6
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Here's a break down of what they did up to about 1999 in Victoria, since then the Code of practice has come out with major input from them, as a group they are envolved in consultation with ISAAC re safety issues.

Tree Felling Safety Group.doc
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Old 25th April 2007, 10:22 AM   #7
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How's this case, darn good read. Over $1million awarded!

Lopa, dont you have a Rivett? Shutes have to be minimum 1430mm long to infeed roller.

http://www.courts.sa.gov.au/judgment...0-SASC-108.htm

Quote:
Following a hearing in the District Court, on 23 December 2005 the trial Judge found that Rivett, Arbor and WMC had breached duties of care to both Conor and Christopher. Conor?s damages were assessed at $1,084,451.53 and judgment was entered in that amount. Judgment was entered for Christopher in the amount of $20,000. No reduction was made for contributory negligence. The Judge apportioned responsibility - 70% against Rivett and Arbor and 30% against WMC.
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Old 28th April 2007, 09:15 PM   #8
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Yes i know of the case and know Mr Rivett.

My chipper had a guy crush his arm under the feed roller with the previous owner,I dont know enough about the story to comment.

Basically lifting the roller to try and unjam an odd sized peice of wood without putting a locking pin which is on the chipper.

I was suprised with the verdict!Especially since he cant "recall"how his arm ended up in there.
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Old 28th April 2007, 09:16 PM   #9
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Yours is the chipper in the clip, you own the arm eating machine.
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Old 28th April 2007, 09:20 PM   #10
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No it was a company over other side of melbourne

Which video clip Ekka?
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Old 28th April 2007, 10:33 PM   #11
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Found these accidents and deaths on an UK website by the HSE (Equivlant of WorkCover?)

Quote:
Originally Posted by HSE
Felling trees

Summary

A member of the public was seriously injured when a 7 metre high lime tree was felled into a public road. The lime was felled by a trained arborist even though it was within the pavement near a crossroads. The contracting company did not carry out and record a site-specific risk assessment and only used signs and traffic cones to prevent access to the felling zone. The person injured was walking along the pavement towards the crossroads and was hit by the falling tree, which fractured her skull and later triggered a convulsion.
Action

The contractor was prosecuted under Section 3(1) of the Health & Safety at Work Act for not taking adequate precautions to protect the public. The company pleaded guilty and was fined ?3,500 together with ?2,723 towards the prosecution's costs.
Advice

This accident could have easily been prevented if an on-site risk assessment had been carried out before work started. The tree should have been sectionally dismantled and precautions such as barriers should have been in place to prevent the public approaching the work area.


Working and tree-climbing without any emergency procedures to carry out an aerial rescue

Summary

A self-employed arborist was found unconscious, suspended 5 metres from the ground. He had fallen whilst in an ash tree and banged his head and body against the tree trunk. Prior to the fall he was carrying out pollarding work with a chainsaw. The emergency services were called to cut the arborist free, and he was taken to hospital unconscious. He sustained serious head injuries and fractured his lower leg, spine and ribs. The HSE Investigation revelealed there was no emergency procedures to carry out an aerial rescue and there had been no regular inspection of climbing equipment, including rope and harness.
Action

The proprietor of the arborculture company was prosecuted under:
Regulation 8 of the Management of Health & Safety at Work Regulations 1992 for failing to have approriate emergency rescue arrangements and
Regulation 9 of the Lifting Operations and Lifting Equipment Regulations1998 for failing to ensure lifting equipment used for lifting persons was thoroughly examined by a competent person.

The proprietor pleaded guilty and was fined ?5,000 plus prosecution costs of ?2,495.
Advice

This case highlights the importance of having a minimum of two people present during all tree-climbing operations. One of the ground team must be available, competent and equipped to perform an aerial rescue without delay. It is recommended that climbing teams regularly practice rescue techniques and a first-aid kit is available. Further guidance can be found in the Arboriculture and Forestry Advisory Group leaflet AFAG 402.

All climbing equipment should be thorougly examined by a competent person at regular intervals. If the equipment is used for people then this examination should be every 6 months. All other climbing and rigging equipment should be examined every 12 months.

Use competent contractors

Summary

A tree surgeon was employed by a householder to top and trim a garden tree. He climbed the tree to carry out the work, using a top handled chainsaw. Whilst removing branches he seriously cut his left arm and face with the chainsaw. The emergency services were called out to rescue him from the tree but he later died in hospital as a result of severe blood loss.

The investigation revealed that he was climbing the tree without using a rope and he had inadequate protective clothing. It is highly likely that he had been holding the chainsaw one-handed. There was no first aid equipment on site and no emergency procedures existed. The other workers on site did not have the necessary skills to climb the tree and carry out an aerial rescue.
Action

As the tree surgeon was self-employed, no prosecution could be brought. At the inquest the Coroner recorded a verdict of accidental death, but said that if an employee had died rather than the tree surgeon, he would have recorded a verdict of unlawful killing, because of the lack of safe working practices.
Advice

Tree work needs to be carried out by competent people who have received adequate training. A specialist contractor should carry out any work that involves tree climbing or work at height.

This case highlights the high risks associated with poor arboricultural working

practices. It is essential that all of those involved have been properly trained and where necessary hold the relevant chainsaw certificates of competence.

There must be somebody on the ground capable of carrying out an aerial rescue if something goes wrong.

All climbers should carry a large wound dressing in case of injury.

Except in special circumstances, chainsaws should be operated with two hands on the machine.

All arborists should use work-positioning techniques with ropes and a harness. It is never acceptable to climb the tree without being attached to at least one load-bearing branch.
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Old 29th April 2007, 12:01 AM   #12
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Nice find ... seem like small fines over there though.

Lopa, I meant newspaper clipping not video.
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Old 2nd October 2008, 08:20 PM   #13
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Default Re: OH&S, real cases, real people ... smarten up! Get professional or get fined.

Quote:
Originally Posted by Sean Freeman View Post
Here's a break down of what they did up to about 1999 in Victoria, since then the Code of practice has come out with major input from them, as a group they are envolved in consultation with ISAAC re safety issues.

Attachment 765
Are you saying there is a "code of practice" for tree work for victoria? as far as i know all we have is "working safely with trees" it is a "recommended practices" for tree work.

Im not being nasty, if there is i just want to know.
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Old 3rd October 2008, 12:12 AM   #14
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Default Re: OH&S, real cases, real people ... smarten up! Get professional or get fined.

No you are quite right not a code of practice in Victoria, my erroneous terminology.
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