Posts tagged Public Liability
Liability Claims – latest Proclaim newsletter
Aug 9th
Proclaim have released their last newsletter for the year with 3 very informative articles:
1 – Richard Thomas discusses the advantages and disadvantages of using contract Security in pubs and Clubs:
Insurers of licensed venues such as clubs, pubs, bars and nightclubs often include in their liability surveys and questionnaires a question about whether security is outsourced or internal. It seems to be a generally accepted assumption among insurers of hospitality risks that those venues which out-source their security function present a lower risk of claims and certainly of assault-type claims.
A counter-argument often raised by venue managers is that by using directly-employed crowd controllers, they have greater control over the actions of these personnel – in particular when decisions are made on issues like evictions and on the means of restraints and holds. They might also argue that they are better off retaining their own security so they can be assured through internal processes that crowd controllers are well-trained and follow good procedures rather than engaging a contractor of unknown or dubious reputation or quality. Read More………….
2 – Russell Walker discusses How important is it to investigate a claim?
“Don’t always believe what you are told by the claimant” Read More………….
3 - Eugenia Anang discusses the importance of Risk Management in defending liability claims
“Proclaim manages claims on behalf of a number of clients who are owner/managers of shopping centres and supermarkets.
It’s widely understood that when a public liability claim arising out of an incident at a centre or supermarket is commenced, the parties in the firing line are almost always the centre managers and owners.
At Proclaim, we understand that regardless of how streamlined a client’s risk management procedures are, it’s impossible to prevent all incidents leading to injury to patrons from occurring.
As a result, Proclaim has adopted an approach whereby we encourage clients to ensure that their risk management procedures are not only streamlined but documented as well. This approach at the very least allows the client to ascertain its liability position at an early stage”. Read More………….
Riskex have been assisting many of Proclaim’s clients to develop and audit their risk management systems and have seen the definite advantages to be gained form such an approach.
Preventing Slips, Trips and Falls
Aug 6th
Slips, trips and falls are a regular source of workplace injuries
Are we creating an environment for possible slips, trips or falls without even knowing it?
Have you ever:
- Run down a flight of stairs?
- Walked in the workplace while reading something, talking on a mobile phone?
- Worked in areas with water, ice on the floor?
Everyone can probably answer “yes” to at least one of the above.
Practical tips to prevent a slip, trip or fall
Weather:
- During and after inclement weather
- Be aware that mud and water are often tracked into the workplace.
- Proceed cautiously in these areas when entering or leaving the premises
Footwear:
- Wearing appropriate footwear, avoiding: high heels, smooth leather or vinyl soles, and open back or open toe shoes.
Stairs:
- Falling down a flight of stairs can result in a serious injury.
- Use the handrails, avoid haste, and make sure there are no debris where you will step.
- Avoid using stairs while carrying something in both hands
Uneven Surfaces:
- Look out for curbs, potholes, small stones and debris or obstacles when walking.
- Dawn, dusk and hours of darkness or poor lighting make uneven surfaces especially hazardous
Ladders:
- Use only properly rated ladders or other step devices.
- Do not use:
- chairs, boxes, wastebaskets, or other makeshift devices as a substitute for a proper step ladder or step platform –
This is one of those known hazards where a person can “get away” with it for a long time but the odds will catch up eventually.
Moving Materials:
- Do not attempt to lift, move, or carry materials beyond physical ability.
- Walking, climbing, or turning while carrying something is much more stressful to the body than simply lifting the same object.
- Avoid using stairs while carrying something in both hands
- Use a mechanical means, or ask for assistance
Housekeeping:
- Work areas should be orderly and walkways clear of material.
- Clean up spills and debris in the immediate work area.
- Report spills or other slip and trip hazards
Being more observant and thinking ahead, you will avoid, most slips, trips and fall situations.
New Cable Covers – Trip and fall prevention
Aug 5th
Do you rely on masking tape or mistakenly use Cable Protectors as trip prevention devices in pedestrian environments? Cable Protectors are a load bearing device designed to protect cords and cables and have no minimum height or contrast requirements. They are not designed as or intended to be used as a trip prevention device. The threshold for the maximum abrupt change in surface for pedestrian environments is 6mm (with the exception of properly constructed stairs and TGSI’s) and while there are a vast array of products being sold as Trip Prevention Devices, almost all of them fail this basic test. Until now there has been no one product that satisfied the 6mm threshold and was suitable for all floor surfaces. The Low Profile cable management system is the newest, most versatile cable cover available. 100% Australian made and owned. For more information go to www.lowprofile.com.au
Remedial Slip Resistance Solutions
Jun 26th
I’ve seen some of the recent work that Remedial Slip Resistance Solutions (RSR) have done and it is extremely impressive. These guys have over 30 years experience with floors including cleaning and slip resistance testing. I regularly use their other company (Slip Smart) for slip testing and advice on unsafe surfaces. For almost any problem floor they can clean, restore, seal and treat the surface to ensure its is safe in the conditions it is exposed to an compliant with relevant standards. Download their brochure and have a look at some of the fantastic work they have done. RSR Brochure (16)
Shopping Centre Loading Dock Safety
Jun 16th
The majority of the high risks we identify during audits of shopping centres and malls are in and around loading docks. In a lot of retail centres these are also the areas which get the least attention as they are unlikely to be seen by the majority of customers. There is a lot hazardous activity taking place in these areas including delivery vehicles, stock movements, maintenance contractors, waste dumping and removal etc.
The biggest problem is when customers and staff use these areas to take a short cut into the Centre from the car park or a nearby housing estate. We usually find that this has been going on for sometime and that Centre Management are well aware of it but choose to turn a blind eye or condone this activity as it is too hard to control or manage.
Following the death of a customer who was hit by a reversing trolley tractor in a shopping centre loading dock, Worksafe Victoria issued a Safety Alert to warn about these potential hazards. Download Full Alert: Load Dock Safety Alert (46)
In regards to loading dock safety, Worksafe made the following recommendations:
Traffic management in loading/unloading dock:
• Prevent general public access to these areas, and prominently display signs prohibiting unauthorised access
• Enforce separation of vehicles from authorised employee and contractor pedestrian traffic by installing clearly marked walkways, bollards, barriers and marked vehicle parking bays
• Provide safe access and egress for authorised pedestrians to loading dock (interlocked or card access on entry/exit points)
• Monitor the loading dock (eg closed circuit television)
• Enforce clearly signed speed limits
• Install mirrors to provide drivers and pedestrians with better visibility
• Establish a schedule for vehicles to use the loading dock; or control or limit vehicle access to dock.
Design of loading/unloading docks:
• Review design and use of older docks regularly, especially in relation to potential pedestrian and traffic interaction
• Design or retro-fit where practical to better manage vehicle entry/exit and circulation of vehicles
• New designs of loading docks should avoid, where possible, the need for vehicles to reverse where there is potential for interaction with pedestrians or other vehicles. Designs need to ensure that all users have good sight of other users. Mirrors and other aids in the dock should only be considered as a last resort.
We urge all Shopping Centre Owners and Mangers to undertake a comprehensive risk assessment of their loading docks, implement and monitor effective controls.
Of course there are many other hazards such as vehicles impacting the building, lighting, waste management, trip hazards, falls from height and slips and falls. Contact us if you need assistance and you can find more info at the Public Liability Website
Fireworks Safety
Jun 15th
Fireworks can be displayed in NSW for:
- an organised public display for a community or public organisation or event
- theatrical and / or indoor display
- technical non-display purposes such as an industrial or agricultural purpose eg a chimney testing or bird disturbing device.
The possession, use, storage and transport of display fireworks is restricted to individuals holding a:
A pyrotechnician’s licence or fireworks (single use) licence does not authorise the holder to sell fireworks. Separate licences are required to manufacture, import, supply, sell or store fireworks. Pyrotechnicians are also required to hold a valid unsupervised handling licence to handle fireworks without supervision. Single use fireworks licences will only be issued for a legitimate reason such as an organised public display that is open to the public.
The Guide to applying for fireworks (single use) Licence and the Guide to applying for a pyrotechnician’s licence provide more information.
In Victoria only licensed pyrotechnicians, persons under their direct supervision, or persons with a valid single occasion licence are allowed to discharge fireworks in Victoria.
- Service Provider Directory – view the current list of licensed pyrotechnicians
Applying to become a Licensed Pyrotechnician
WorkCover issues pyrotechnician’s licences to people who demonstrate adequate experience in the safe discharge of fireworks. Licensed pyrotechnicians may only discharge the types of fireworks printed on their licence and are required to notify WorkSafe Victoria whenever they intend to discharge Fireworks.
To obtain a licence to become a Pyrotechnician and discharge fireworks in Victoria the applicant must be able to show that they have practical experience in the discharge of fireworks, have completed an approved course (search training providers) or hold an interstate licence to discharge fireworks.
In QLD The use of fireworks is regulated under the Explosives Act 1999 and Explosives Regulation 2003. Only people who hold a Queensland fireworks operator’s licence can use fireworks.
The use of fireworks by the general public is illegal.
Find out more about safe use of fireworks, including Illegal Fireworks, Fireworks Licences, Safety Documents and more . . .
Read the fireworks code of practice.
Getting a fireworks licence
Nationally agreed fireworks competencies are available for the training of fireworks operators and contractors. The Southern Queensland Institute of TAFE is approved by the Department of Education and Training to deliver these competencies.
Find out more about fireworks licences.
Fireworks Safety Checklist produced by QLD Dept Education – Download Here
A few years ago we used to drive to Canberra to buy fireworks but new regulations mean fireworks can no longer be imported, sold or used in the ACT.
Anyone found with fireworks may face fines of up to $3,000.
The Dangerous Substances Act 2004 (ACT Legislation Register) restricts the sale, use and availability of fireworks in the ACT.
The Northern Territory is the only place in Australia where the public can legally buy fireworks. In NT, The public can purchase and use fireworks only on Territory Day – read Fireworks Safety Brochure
Safety Policy Example and hints – From Rapid Action Fireworks
At Rapid Action Fireworks safety is our number 1 priority. We are committed to providing a display that is completely safe for our staff as well as your special guests. To back this commitment up, we rigorously test all products prior to using them within a display. In this way we are assured that any malfunctioning or dangerous products do not end up being use as part of your display.
Rapid Action Fireworks have a safety record second to none and are currently insured with Lloyds of London to the value of $20,000,000.00 for Public Liability.
Our expert pyrotechnicians are fully trained to meet the latest industry standards and indeed the Australian Standards. Rapid Action Fireworks are foundation members of the Australian Pyrotechnics Association and comply with all of the Codes of Conduct and the Constitution as set down by the association.the following topics:
A Risk Assessment form is completed for each display as part of our Safety Procedures. This form is part of our overall safety plan which includes:
- Site Inspections
- Risk Assessment
- Display Design
- Notifications
- Packing at the Magazine
- Transport
- Day of Event Checks
- Set-up
- Hand-fired Displays Electronic Firing
- Testing
- Post Display
- Check Site
- Mis-fires
- Clean-up
- Week following Display
Rapid Action Fireworks follows a very strict and comprehensive Safety and Procedure Manual for displays. The following is a short exert from the Manual:
“All sites to be used as part of a display shall be inspected before proceeding with any part of the display process. This is important, as the size of the display area will directly affect if a display can indeed take place and relate to the calibre of pyrotechnic products used for the display. Upon checking a site the pyrotechnician will assess the following areas:
1. Wind Direction and Strength.
This may be different from the night of firing but checking the prevailing breeze will give you an understanding of what to expect. Asking the events organizer if they are familiar with the wind direction and strength may also be of benefit. This knowledge is also valuable in relation to knowing where the spectators are likely to be seated.
2. Distances.
This is your opportunity to check how much area is available for the firing site. This will directly affect the calibre of product to be used, (refer Safety Bulletin 17 A; DSN 2). When checking the distances it is important to ask the event organizer of any other stalls/displays that may need room to set up in and where they are to be located. If possible mark your boundaries with spray paint to ensure the area required.
3. Obstructions.
Look around and observe any objects that may be hazardous to firing. This can include large trees close to the set-up area, structures that are indirectly in the firing path of the pyrotechnic devices i.e. if firing from the top of a building check for aerials, satellite dishes, awnings etc. Note also any buildings that may need to be incorporated into the display area, for example a garden shed. Check what is stored within the building and ensure that it is uninhabited while firing.
4. Surrounding Area.
Check what type of environment is surrounding the firing site, i.e. housing, industrial, bushland. This is important to consider with regard to noise, safety – of residents and property, likely risk of incident, i.e. dry bushland. Note if in an industrial area if there are any Hazchem stores within the vicinity (refer AS 2187.4; Safety Bulletin 17 A; DSN 2). This will also affect the type of pyrotechnic devices to be used.
5. Spectator Points.
Ensure that the event organizer has enough room for the expected crowd. Show the event organizer where the barricade is likely to be so they can plan for more space if required.
6. Emergency Vehicle Access.
In the event of a serious incident, the police, ambulance and fire authority may need access to your site. It is important to locate access points and familiarize yourself and the event organizer of these. While it is not your responsibility to plan and organize for this, it is important that you make the organizer aware of this requirement.
Risk assessing is vital to a safe and enjoyable experience for the public viewing your display. ”

In the front centre of this image you can see four of the electrical safety isolation boards used to prevent premature firing of the fireworks. The circuits are completed and made live just prior to the firing. This is just one of the many techniques used to make sure our staff and your spectators are as safe as possible.
From PYRO.COM.AU:
So you managed to get your hands on some illegal fireworks, what do you do now?
Surrender them to a licenced pyrotechnician – no questions asked, or risk being fined and getting a criminal record. It’s that simple.
But if we can’t convince you to do that, you had better read this guide to minimise injury to yourself and those around you. Click Here
Free Public Liability Risk Management Manual
May 31st
Free Asset Liability Risk Management Manual For Shopping Centres.
Now available for download. 91 pages in Word version that can and should be modified to suit your own circumstances. Download Here
TABLE OF CONTENTS
FOREWARD 1
SECTION 1 INTRODUCTION
SECTION 2 POLICY
SECTION 3 OVERVIEW OF STATUTORY OBLIGATIONS
SECTION 4 OVERVIEW OF PUBLIC SAFETY
SECTION 5 CENTRE MANAGER’S ASSET LIABILITY CHECKLIST
SECTION 6 RESPONSIBILITIES
SECTION 7 ACCOUNTABILITY
SECTION 8 HAZARD IDENTIFICATION AND CONTROL
SECTION 9 EMERGENCY PLANNING
SECTION 10 STAFF TRAINING
SECTION 11 DEALING WITH CONTRACTORS
SECTION 12 DEALING WITH TENANTS
SECTION 13 DEALING WITH TRAUMA
SECTION 14 INJURY CARE
SECTION 15 INCIDENT REPORTING
SECTION 16 ACCIDENT INVESTIGATION
SECTION 17 CLAIMS ANALYSIS & CONTROL
APPENDICES
- CASE STUDY
- OHS&E CORRECTION ACTION REQUEST
- ESSENTIAL SERVICE/SECURITYSHUT-DOW
- DISPLAY SAFETY CHECKLIST
- SITE INSPECTION CHECKLIST & ACTION LIST
- PUBLIC LIABILITY INCIDENT REPORT FORM
- STAFF TRAINING REQUIREMENTS
- ACCIDENT/INVESTIGATION REPORT
- RISK MANAGEMENT PLAN
- SLIP/TRIP INFORMATION
- SITE SAFETY INSTRUCTIONS
- ACCIDENT INVESTIGATION – SUPPORT MATERIAL
- SERVICE COMPLIANCE LETTER
- COPING WITH DISASTER & TRAUMA – SUPPORT MATERIAL
Courtesy of the Public Liability Website
Building Safety and Maintenance
May 30th
Essential Safety Measures Maintenance Manual (fourth edition)
The Victorian Building Commission has just released the fourth edition of the Essential Safety Measures Maintenance Manual. This is an excellent resource for owners and managers of office buildings, apartment buildings or body corporate. The manual refers specifically to Victorian Regulations, which are similar with regulations in other states – but you should refer to your local regs.
The 4th edition is set out in four easy-to-use sections:
* Part O – Alternative Solutions
* Part 1 – Building built after 1 May 2004
* Part 2 – Building built between 1 July 1994 and 1 May 2004
* Part 3 – Buildings built prior to 1 July 1994
The 4th edition has a new section which summarises the performance-based system to clarify the impact the use of alternative solutions has on maintenance.
The purpose of the manual is to set out in detail the requirements and the parameters building owners and managers must work within, to meet their regulatory obligations.
Maintaining essential safety measures in commercial buildings
When the construction of a commercial building is complete, the building owner is responsible for its upkeep and maintenance, particularly its safety features. So if that relates to you, it is worth reading this section.
The maintenance of essential safety measures will ensure that the safety measures mainly dealing with fire situations within the building, remain at the required operational level throughout the life of the building. The type of maintenance depends on the complexity of the service, equipment or feature and the experience of the person carrying out the inspection or test.
As an example, essential safety measures defined under the Building Regulations include:
- Air conditioning systems Fire hydrants
- Emergency lifts and lighting Fire windows
- Ext doors and exit signs Mechanical ventilation
- Emergency power supply Fire isolated stairs, passages ramps
- Fire control centres Fire rated materials
- Fire curtains and doors Path of travel to exits
- Emergency warning systems Smoke alarms
- Fire detectors and alarm systems Smoke control systems
- Fire extinguishers Sprinkler systems
Please refer to the Regulations for a full listing of essential services.
If your building was built or altered since 1 July 1994, the Regulations require you to keep a current copy of your buildings occupancy permit together with an annual essential safety measures report in the building. All essential safety measures reports, records of maintenance checks, services and repair work to the building must also be kept on the premises so it is easily accessible for a municipal building surveyor or Chief Officer of the relevant fire brigade to randomly check for compliance. These documents are important as collectively they ensure that owners are fulfilling these obligations.
Although councils have a responsibility under building legislation for the enforcement of building safety in their area, owners have an obligation to ensure that essential safety measures and other safety measures are maintained and operate satisfactorily.
Each year owners are required to prepare an annual essential services report on the building’s essential safety measures. An owner may choose to engage specialist maintenance contractors to assist in the preparation of this report or if written delegation is provided, an agent may complete the report.
If the building was built before 1 July 1994, owners are also responsible for ensuring that any safety equipment, safety fittings or safety measures are maintained and fulfilling their purpose. Owners are also required to prepare and display an annual essential safety measures report. This includes exits and paths of travel to exits. It is also advised that records of maintenance checks, service and repair work be kept so they can be made available for inspection by a municipal building surveyor or chief officer. And remember, if building work is carried out, these circumstances may change, so it is worth checking with a municipal building surveyor or private building surveyor to see what is needed to do to comply with the Regulations or contact the Building Commission.
Want more information?
To find out more about maintenance of essential services, click on the following link
Essential Safety Measures Maintenance Manual (fourth edition) (1.84MB)
Updated PN 2007-23 Maintaining Essential Safety Measures in your Building (194KB)
Essential Safety measures maintenance update (1.53MB)
Part 12 – Maintenance of Buildings and Places of Public Entertainment (39KB)
Approved Form – Annual essential safety measures report (38KB)







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