❓ A parliamentary question regarding a potential breach of OSH regulations by Redlion Bus and Coach in Esperance, specifically concerning a student operating a forklift without a license. The Minister acknowledges a potential breach but notes lack of evidence and ongoing monitoring.
AnsweredQoN 2597Legislative Council
QuestionView source ↗
I refer to the Redlion Bus and Coach Company in Esperance and
the photograph (Student Forklift Operator), found at robinchapple.com/qdata taken on 20 August 2014, depicting a student from the Esperance Senior High School operating a
forklift, as directed by an employee of the company who is not licensed to
operate a forklift, and ask: (a) does
the Minister approve of the Occupational Health and Safety Manager (OHS
Manager) of this company allowing and encouraging work experience students to
operate vehicles and machinery, including forklifts, on a regular basis; (b) if no to (a), why not; (c) if yes to (a), why; (d) how
old was this student at the time this photograph was taken; (e) does this breach any contractual agreements between the company and the Department of Transport; (f) if yes to (e), which ones and what is the penalty for each breach; (g) if no to (e), why not; (h) if yes to (e), who in the company is responsible and/or accountable for any of the
breaches; and (i) if yes to (e), will the Minister outline what action will be taken?
the photograph (Student Forklift Operator), found at robinchapple.com/qdata taken on 20 August 2014, depicting a student from the Esperance Senior High School operating a
forklift, as directed by an employee of the company who is not licensed to
operate a forklift, and ask: (a) does
the Minister approve of the Occupational Health and Safety Manager (OHS
Manager) of this company allowing and encouraging work experience students to
operate vehicles and machinery, including forklifts, on a regular basis; (b) if no to (a), why not; (c) if yes to (a), why; (d) how
old was this student at the time this photograph was taken; (e) does this breach any contractual agreements between the company and the Department of Transport; (f) if yes to (e), which ones and what is the penalty for each breach; (g) if no to (e), why not; (h) if yes to (e), who in the company is responsible and/or accountable for any of the
breaches; and (i) if yes to (e), will the Minister outline what action will be taken?
AnswerView source ↗
Answered
17 March 2015
Responded by
Parliamentary Secretary representing the Minister for Transport
Response time
28 days
Insofar as the Public Transport Authority (PTA) is concerned, the PTA has a contract with Redlion Bus and Coach to operate intra-town school bus services. This question has been answered in that context.
(a) No. However from the photograph, the identity of the person sitting on the forklift cannot be determined and there is no evidence to suggest that any Redlion Bus and Coach supervisory staff were aware of this occurrence. If the person in the photograph is indeed a work experience student, the person taking the photograph should have stopped the activity and reported the incident to Redlion Bus and Coach management. No such report was made.
(b) Operators of forklifts must hold a High Risk License - LF (Forklift) in accordance with OSH Regulations 1996 R6.2(1).
(c) Not applicable
(d) The identity of the person has not been determined.
(e) Yes, if the person did not possess the appropriate licence.
(f) The Public Transport Authority's Regional Town Bus Services Contract No 10/04 Clause 9 which states that the contractor must comply with the provision of the OSH Act 1984. Default 19.3. There is no penalty provision attached to this clause.
(g) Not applicable
(h) The Workshop Manager/Head Mechanic who are accountable to the General manager.
(i) The PTA's Transperth Safety and Quality Coordinator confirmed in November 2014 that Redlion Bus and Coach management are conversant with the requirements of the OSH Regulations 6.2 (1) and that staff are appropriately trained and licensed. Redlion Bus and Coach policies state that persons are not permitted to operate plant and equipment unless they have the required licence. High Risk licenses will continue to be monitored through the audit process.
(a) No. However from the photograph, the identity of the person sitting on the forklift cannot be determined and there is no evidence to suggest that any Redlion Bus and Coach supervisory staff were aware of this occurrence. If the person in the photograph is indeed a work experience student, the person taking the photograph should have stopped the activity and reported the incident to Redlion Bus and Coach management. No such report was made.
(b) Operators of forklifts must hold a High Risk License - LF (Forklift) in accordance with OSH Regulations 1996 R6.2(1).
(c) Not applicable
(d) The identity of the person has not been determined.
(e) Yes, if the person did not possess the appropriate licence.
(f) The Public Transport Authority's Regional Town Bus Services Contract No 10/04 Clause 9 which states that the contractor must comply with the provision of the OSH Act 1984. Default 19.3. There is no penalty provision attached to this clause.
(g) Not applicable
(h) The Workshop Manager/Head Mechanic who are accountable to the General manager.
(i) The PTA's Transperth Safety and Quality Coordinator confirmed in November 2014 that Redlion Bus and Coach management are conversant with the requirements of the OSH Regulations 6.2 (1) and that staff are appropriately trained and licensed. Redlion Bus and Coach policies state that persons are not permitted to operate plant and equipment unless they have the required licence. High Risk licenses will continue to be monitored through the audit process.
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