Crane company owner says Workplace Health and Safety’s crane blitz only targeted non-unionised companies
A crane company owner has accused the state’s watchdog of only targeting non-unionised companies.
Gold Coast
Don't miss out on the headlines from Gold Coast. Followed categories will be added to My News.
A CRANE company owner has accused the state’s workplace safety watchdog of targeting non-unionised companies for failing to comply with its 2017 Tower Crane Code of Practice.
“When the Code was drafted, the only companies invited to be involved in the consultation were EBA (Enterprise Bargaining Agreement) companies,” claimed the owner.
“So the rules in the Code are a perfect fit for their machinery because their cranes are bigger. But they did not take into account smaller cranes such as the ones on most non-EBA sites.
“We were set up to fail from the beginning,” he said.
GOLD COAST CONSTRUCTION: JOB LOSSES FEARED NEXT YEAR IF STIMULUS IS PULLED
Workplace Health and Safety Queensland (WHSQ) blitzed cranes across the Gold Coast, Brisbane and Sunshine Coast for failing to have fall-arrest systems for continuous vertical ladders, a requirement under the Code. It said it received a complaint.
The move shut down dozens of sites and was condemned by the industry, with Master Builders saying businesses should have been given time to comply.
The owner, who has cranes at multiple Gold Coast sites, said half of his machines were issued prohibition notices and half improvement notices.
“Yet they are the exact same model. Different inspectors are doing different things because they have different interpretations of what a continuous vertical ladder is,” he said. “I have been in the tower crane industry for a long time and speak with almost every other non-EBA crane company in Queensland, none of us were asked to involved in writing the new code.
“There’s no reason why WHSQ couldn’t have just given us notice to comply, there’s been no accident that’s prompted it.
AT LAST: CASH SPLASH TO BUILD $2B COOMERA CONNECTOR
“One of the inspectors told a guy on site that the whole point of this from day one was to cause pain, headaches and financial problems for the non-EBA industry.
“It’s obvious we’re being targeted. I overheard a phone conversation with an inspector saying ‘I can’t hold these guys on anything else’.”
Crane Industry Council of Australia (CICA) CEO Brandon Hitch, said it would amend its CraneSafe assessment program to reflect a new guidance note by WHSQ.
He said the issue came about because of different definitions and interpretations of what a continuous vertical ladder was.
CICA is the peak industry body for the crane industry, and CraneSafe is a division of the non-profit. CraneSafe’s assessment program provides crane owners and operators with a third party assessment of safety aspects of their cranes, as required by WHSQ.
It’s understood adding a fall-arrest system to a crane that was already fit for purpose may have some implications in regards to a manufacturer’s warranty.
A spokesman from WHSQ said a steering group of worker, industry and government oversaw Tower Crane Code of Practice review. The group was created after nominations by worker and industry representatives. The review did not lead to modifications of the section on continuous vertical ladders, the spokesman said.
Asked if shutdown notices were fair when it appeared guidance notes were issued in the past, he said: “A prohibition notice was issued where there were no controls in place (as per the CoP) in relation to falls for a continuous vertical ladder given the level of risk. An improvement notice was issued where there were some controls already in place but may have needed updating. Improvement notices were issued in conjunction with the prohibition notice to install an appropriate fall restraint system.”
Asked about a claim non-EBA sites were targeted, he said: “WHSQ does not differentiate between non-EBA and EBA sites. WHSQ has nothing to do with the industrial relations arrangements and focuses on safety, as well as the health and wellbeing of workers.”
‘PHONE’S BEEN RINGING HOT’: CRANE BUSINESSES TO FIGHT NOTICES
MASTER Builders Queensland says its “phone has been ringing hot” since inspectors blitzed cranes across the Gold Coast, Brisbane and Sunshine worksites.
“We’ve had nearly 20 emails from our members trying to understand what was going on and what their rights are,” said Paul Bidwell, the industry body’s deputy CEO.
Last week dozens of construction sites across southeast Queensland were forced to shut after Workplace Health and Safety Queensland (WHSQ) demanded they install a new fall-arrest system on their cranes.
Mr Bidwell said he was aware of 32 prohibition notices and 24 improvement notices to builders and crane operators, with worksites shut as a result of the blitz.
ASH’S GRIEVING DAD HAS CAMPERVAN STOLEN IN MELBOURNE
“The phone has been ringing hot with businesses wondering what was going on,” he said.
“We know that many builders and operators also intend to appeal the notices.”
On Friday afternoon, nearly a week after the workplace inspections, WHSQ put out a guidance notice on its website saying the “safety alert is to highlight that specific fall-arrest systems are required if a continuous vertical ladder is in place for accessing the total length of a crane tower”.
Mr Bidwell said Masters Builders had a good relationship with WHSQ and knew it was acting in response to complaint and “a genuine safety risk”.
“However, given the absence of any evidence of an incident to date, we don’t understand why there was a need for a safety blitz and why this couldn’t be handled via a guidance note in the first instance, advising the industry of the issue and working with them to find a solution,” he said.
“We are now working closely with WHSQ and the industry on both an interim solution that gets these cranes back in play, without any risk or harm to workers, as well as a suitable long-term solution.
“We just think it could have been handled a whole lot better.”
ASHLEIGH’S DAD SENDS MONEY TO VETERAN STUCK IN PHILIPPINES
Mr Bidwell said he had no doubt the shutdowns would have cost some businesses a lot of money, depending on where they were in the build schedule.
“Regardless, it’s a significant cost either way, especially in the current economic climate.”
A WHSQ spokesman said prohibition notices were issued where there were no controls in place, as is required by the CoP in relation to falls for a continuous vertical ladder given the level of risk.
“Following the tragedies at Eagle Farm and Dreamworld, the WHSQ Best Practice Review 2017 recommended the implementation of a more direct compliance and monitoring enforcement policy.
“This policy sets out our enforcement approach, including the use of on the spot fines. In line with this, there has been an increase in all enforcement action commensurate with noncompliance identified.”
FRIDAY …
A BLITZ on cranes across Gold Coast and Brisbane worksites has been slammed by the construction industry, with allegations that inspectors are under pressure to issue notices and fines “from above”.
One company owner also fears the new safety system that must be installed could put a crane operator “at more risk” because they’ll be doing a task that is “unfamiliar with what they have been doing for years”.
Last week dozens of construction sites across southeast Queensland were forced to shut after Workplace Health and Safety Queensland (WHSQ) demanded they install a new fall-arrest system on their cranes.
The Code of Practice requires the provision of a fall-arrest system that does not require the person to constantly hook on and off where a continuous vertical ladder is in place for accessing the total length of a crane tower.
But according to a company owner, who did not to be named, his cranes and many others of the same make and model had one-quarter of the tower with the ladder on the opposite side to the rest of the tower.
“Thus by definition (the vertical ladder) is not continuous, yet we still had our cranes closed down. We have landings at various levels, in general these are at 6m intervals, as required under the Code,” he said.
“These closures are based on differing interpretations of the Code, which up until one day into a caretaker government, has not been an issue.”
He said the cranes had been operating for more than 15 years in their current state and that they had not been altered since they were registered with WorkSafe Qld.
“It’s our belief that there is also some unrest with inspectors as they have been given direction from above and are issuing notices and fines for items they do not agree with,” he said.
“They are all taking direction from above, not making decisions on their observations and understanding.
“I am personally fearful that the new safety system in place will possibly put an operator at more risk doing a task that is unfamiliar with what they have been doing for years.
“Could you imagine if there was an incident as a result of this campaign.”
A WHSQ spokesman said: “Inspectors are required to form their own reasonable belief in relation to any enforcement action they take” and that they were “not given quotas for any notice type”.
He added that the safety watchdog did not close any worksites, with a number of them continuing to operate cranes by remote control or bringing in mobile cranes, and that it allowed interim systems to be put in place to allow work to continue, while a “more permanent system was installed and certified by a competent person”.
But the company owner said that a request he made asking that a rigger be allowed to undertake one climb to the crane cabin to change over to remote access was denied, after originally being approved by WHSQ.
“While the sites are not closed, the crane is the most critical part of a site to keep it operating,” he said.
He said on Wednesday morning an issuing officer at his company’s Gold Coast site was not satisfied with the temporary restraint system that had been installed on the crane.
“The issue raised was that the rope was not continuous to the ground for the total length of the tower. This is impossible as the tower ladder is not continuous,” he said.
“After this hurdle was overcome other issues were raised which in our opinion are niceties not necessities, we are unable to find any Code of Practice (CoP), regulation or standard that these apply to, and until these were met we were unable to use our crane.
“Our opinion, which is shared with many other construction companies and crane operators, is there are other more suitable processes that could and should have taken place that would not have forced so many workers off worksites.
“If WHSQ believe there are issues with the interpretation of the code, which they must as this has not been an issue for 15 or more years, an improvement notice could have been issued to allow works to continue while the industry could investigate acceptable solutions.
“There is no evidence that we, or anyone we have spoken to, are aware that there has been an incident or near miss that would force the sudden stop work placed on these cranes.”
WORKPLACE HEALTH AND SAFETY QUEENSLAND RESPONDS
A spokesman from WHSQ said it: “Regularly reviews codes of practice to ensure they align with industry best practice and technological advancements. This process is done in consultation with key stakeholders. This code was last reviewed in 2016-2017.
“When codes are reviewed, all stakeholders are invited to comment and provide input.
“WHSQ continually monitors its regulatory framework, which includes codes of practice, associated standards, regulations and Acts and considers whether they function as intended or when amendment is required.
“In this instance, a prohibition notice was issued where there were no controls in place (as is required by the CoP in relation to falls for a continuous vertical ladder given the level of risk. “Applications for review are still within the prescribed time frame.
“Application for stays of decision associated with these have been denied where the prohibition notice has not yet been complied with and the level of risk remains.
“Plant item registration provides the regulator with information relating to the location of cranes and other registrable plant and enables the regulator to confirm annual inspection and maintenance requirements are met.
However, plant registration does not cover the duties relevant to the use of the crane such as working at heights and slinging of loads. The requirements relating to safe working practices while using plant are detailed in the codes of practice and the regulation.
“PCBUs must ensure these additional duties are managed in parallel to registration and licensing requirements.
Inspectors are required to form their own reasonable belief in relation to any enforcement action they take.
“Following the tragedies at Eagle Farm and Dreamworld, the Work Health and Safety Queensland Best Practice Review 2017 recommended the implementation of a more direct compliance and monitoring enforcement policy.
“This policy sets out our enforcement approach, including the use of on the spot fines. In line with this, there has been an increase in all enforcement action commensurate with noncompliance identified.
“While there is a strong emphasis on compliance and enforcement, inspectors are not given quotas for any notice type.“
EARLIER …
WORKPLACE Health and Safety Queensland says it inspected cranes across worksites in the Gold Coast, Brisbane and Sunshine after it received a complaint.
A spokesman said it scanned worksites with certain cranes, where a continuous vertical ladder was in-place for accessing the total length of a crane tower, to see how “widespread the problem was in the industry”.
“WHSQ inspections revealed there were a number of cranes which don’t have the provision of a fall arrest system in place at all,” said the spokesman.
“Swift action was taken to ensure these types of cranes are compliant with the requirements as set out in the Tower Crane Code of Practice – 2017 (CoP) which requires the provision of a fall-arrest system that does not require the person to constantly hook on and off, where a continuous vertical ladder is in-place for accessing the total length of a crane tower.”
It allowed for interim systems to be put in place to allow work to continue, while a more permanent system is installed and certified by a competent person.
“WHSQ did not close down any worksites, with a number of them continuing to operate cranes by remote control or bringing in mobile cranes.”
WEDNESDAY
THE State Government has shut down between 50 and 70 cranes on building sites from the Gold Coast to Gladstone because of safety concerns.
It is understood none of the cranes are located on unionised sites.
The week-long Workplace Health and Safety blitz included telling some crane operators that they weren’t able to access the machinery because of safety concerns regarding the ladder system.
This has effectively shut down dozens of building sites and left hundreds of tradies out of work.
However, one Gold Coast crane operator told the Bulletin the ladder system had been used for nearly 20 years and in that time no one “had fallen out of a tower”.
“We’ve had to install a temporary fall arrest system, at a cost of about $2000 until a permanent system is available,” he said. “There’s currently a two-week wait for this nationwide.”
DYING DAD’S FAMILY ROBBED OF PRECIOUS WEEKS WITH DAD
Depending on the quantity ordered, it is estimated a permanent system costs about $4000 per crane.
Currently cranes have shrouded ladders protecting operators as they climb them, with a landing platform every five metres.
“I know of at least 25 sites across southeast Queensland, including the Gold Coast, Brisbane and the Sunshine Coast, are still closed because the cranes are still non-compliant.”
He said there was at least six affected on the Gold Coast with complete site shutdowns affecting almost every trade.
“It seems to me like they’re just trying to stop non-EBA (enterprise bargain agreement) jobs,” he said.
“The union sites have different cranes to us but as far as I’m aware none of them have been shut down.”
He felt non-union members were being targeted.
Another Gold Coast crane owner said it seemed “the union have been leaving their own sites alone and attacked everyone else”.
“We’ve had to put in a temporary system while we wait for the permanent fix, but there’s not enough in the country for the amount of cranes that are up,” he said.
“Apparently, there was a warning, because the people that manufacturer these systems were apparently told a month ago there was going to be a blitz.
“I can’t really see a reason for this, there’s never been any incidents or accidents that I’ve known of.”
Burleigh MP Michael Hart said he questioned the timing of the shutdown.
“While we must be cognisant of safety issues, I’m concerned that safety is being used as an industrial weapon at the moment,” he said.
“That’s what I’ve been told by people affected by it, that it’s some industrial tactic and it seems like the government has been dragged into it.
“It’s been pointed out to me that those cranes have been operating for years and years with the same safety system in place.
“Yet all of a sudden something appears to have changed when there has been no reported accidents.
“I would say it is interesting that all of a sudden these issues crop up during an election campaign.”
The Construction, Forestry, Maritime, Mining and Energy Union and Workplace Health and Safety Queensland have been approached for comment.
First look at new venue for Hellenika building
A new venue will be taking over a high-profile site at Nobby Beach in the coming month, promising ‘next-level entertainment’. FULL STORY
Golden girl: ‘can’t wait to get back in the pool’
Despite the whirlwind of national adulation and media exposure, Alexa Leary just can’t wait to get back into training. Read what she’s been up to after the Games.