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Working in Dangerous and
Remote Circumstances




 By Andrew Douglas and Saide Elcheikh

 5 October 2012



                                        Mob: 0488 151 503
                                        Email: andrew.douglas@mk.com.au
                                        http://au.linkedin.com/in/douglasandrew
                                        http://leadingthought.com.au/
                                        http://twitter.com/leading_thought
Safety Management System

•   DO YOU HAVE A SAFE WORKPLACE?
Managing Risks – Hierarchy of Control


1. What are the risks?

2. How can we control them?




In most cases, a combination of the risk control measures should be applied to ensure that
    the risk to health and safety is reduced so far as is reasonably practicable...

       •   IF YOU CANNOT ASCERTAIN THE RISK THE LEVEL OF RISK IS HIGH
Reasonably Practicable

1. Likelihood of the hazard or risk occurring.
2. Degree of harm that might result from the hazard or risk.
3. What the person concerned knows, or ought reasonably to know about the
   hazard or the risk and way of minimising or eliminating the risk.
4. Availability and suitability of ways to eliminate or minimise the risk.
5. The costs associated with available ways of eliminating or minimising the risk.
Take 5 Approach – How to stay safe!

•   Stop, think. If there is any doubt, don’t go ahead!
Some cases for a bit of context…
Here are the facts of some cases of dangerous situations for public officials:

•   R v Rondo (2001) 126 A Crim R 562
     – Police requested search of the accused (sprayed someone in the face with a substance)
     – Assaulted police - punched them
     – Police were rightly undertaking their duty to search and arrest and were put in danger

•   Egan Darius Ross v Darren Stephen Mothersole [2010] ACTSC 125
     – Accused hit victim in the face with a beer glass
     – When caught by police he threatened to ‘smash’ their faces in, had a fighting stance
     – This constituted a threat to the safety of the public officials and obstruction

•   Ashley Michael Charnock v Simon James Coady et al [2010] ACTSC 26
     –   Police were doing a routine drive by
     –   A group of males outside the nightclub threw a bottle at the vehicle
     –   Police stopped to approach the mean and further altercations occurred
     –   Police ended up in hospital
CONTACT                                                        M+K SERVICES

VICTORIA                   TASMANIA

Dandenong                  Hobart                              Commercial
40-42 Scott St             Dobson Mitchell & Allport Lawyers   Commercial Litigation
Dandenong VIC 3175         59 Harrington St                    Property
Tel: +61 3 9794 2600       Hobart TAS 7000                     Workplace Relations
                           Tel:+61 3 6210 0000                 Private Clients
Melbourne
Level 22, 114 William St
Melbourne VIC 3000         QUEENSLAND
Tel: +61 3 8615 9900
                           Brisbane
Andrew Douglas             Level 14, 324 Queen Street
Dir: +61 (3) 8615 9915     Brisbane QLD 4001
Mob: 0488 151 503          Tel: +61 7 3235 0400
andrew.douglas@mk.com.au

NEW SOUTH WALES            info@mk.com.au                      mk.com.au

Sydney
Level 21, 20 Bond St
Sydney NSW 2000
Tel: +61 2 8298 9533

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Working in Dangerous & Remote Circumstances

  • 1. Working in Dangerous and Remote Circumstances By Andrew Douglas and Saide Elcheikh 5 October 2012 Mob: 0488 151 503 Email: andrew.douglas@mk.com.au http://au.linkedin.com/in/douglasandrew http://leadingthought.com.au/ http://twitter.com/leading_thought
  • 2. Safety Management System • DO YOU HAVE A SAFE WORKPLACE?
  • 3. Managing Risks – Hierarchy of Control 1. What are the risks? 2. How can we control them? In most cases, a combination of the risk control measures should be applied to ensure that the risk to health and safety is reduced so far as is reasonably practicable... • IF YOU CANNOT ASCERTAIN THE RISK THE LEVEL OF RISK IS HIGH
  • 4. Reasonably Practicable 1. Likelihood of the hazard or risk occurring. 2. Degree of harm that might result from the hazard or risk. 3. What the person concerned knows, or ought reasonably to know about the hazard or the risk and way of minimising or eliminating the risk. 4. Availability and suitability of ways to eliminate or minimise the risk. 5. The costs associated with available ways of eliminating or minimising the risk.
  • 5. Take 5 Approach – How to stay safe! • Stop, think. If there is any doubt, don’t go ahead!
  • 6. Some cases for a bit of context… Here are the facts of some cases of dangerous situations for public officials: • R v Rondo (2001) 126 A Crim R 562 – Police requested search of the accused (sprayed someone in the face with a substance) – Assaulted police - punched them – Police were rightly undertaking their duty to search and arrest and were put in danger • Egan Darius Ross v Darren Stephen Mothersole [2010] ACTSC 125 – Accused hit victim in the face with a beer glass – When caught by police he threatened to ‘smash’ their faces in, had a fighting stance – This constituted a threat to the safety of the public officials and obstruction • Ashley Michael Charnock v Simon James Coady et al [2010] ACTSC 26 – Police were doing a routine drive by – A group of males outside the nightclub threw a bottle at the vehicle – Police stopped to approach the mean and further altercations occurred – Police ended up in hospital
  • 7. CONTACT M+K SERVICES VICTORIA TASMANIA Dandenong Hobart Commercial 40-42 Scott St Dobson Mitchell & Allport Lawyers Commercial Litigation Dandenong VIC 3175 59 Harrington St Property Tel: +61 3 9794 2600 Hobart TAS 7000 Workplace Relations Tel:+61 3 6210 0000 Private Clients Melbourne Level 22, 114 William St Melbourne VIC 3000 QUEENSLAND Tel: +61 3 8615 9900 Brisbane Andrew Douglas Level 14, 324 Queen Street Dir: +61 (3) 8615 9915 Brisbane QLD 4001 Mob: 0488 151 503 Tel: +61 7 3235 0400 andrew.douglas@mk.com.au NEW SOUTH WALES info@mk.com.au mk.com.au Sydney Level 21, 20 Bond St Sydney NSW 2000 Tel: +61 2 8298 9533