Light handed Regulation and Work safety: a rail case study
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H A Z E L A R M S T R O N G N Z F A B I A N S O C I E T Y O C T O B E R 2 0 1 2
LIGHT HANDED REGULATION AND WORK SAFETY: A RAIL CASE STUDY
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WORKERS MEMORIAL FOR THOSE WORKING FOR TRANZ RAIL
• In the five years 1995 to 2000 we remember those who died while working for Tranz Rail
• Jack Neha• Thomas Blair• Murray Spence• Ronal Higgison• Bernie Drader• Paul Kyle• Nigel Cooper• Graham White• Ambrose Manaia• Neil Faithfull• And Robert Burt
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A JOB FOR LIFE OR A LIFE FOR A JOB? ROBERT BURT
• May 2000• Caught under a train
while shunting at the Middleton Freight depot• Stepped on a foot
plate, slipped and fell under a moving wagon connected to a remote controlled locomotive
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THE TRANZ RAIL INQUIRY 2000
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DISTANCING RAIL FROM THE STATE
THE JOURNEY FROM 1974
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1974 ROGER DOUGLAS
• A new direction for NZ Transport in 1974 hailed by Roger Douglas• Rail to forego
protection from road haulage limits• I982 - removal of
rail’s protection
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RICHARD PREBBLE SAVING RAIL
• 1984 election campaign
• 1984 – the Booz Allen Report proposes:
• Eliminating guard vans• Reducing the size of
crews• Reducing use of
firemen• Increasing train size• Increasing week end
operations
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STAFF NUMBERS REDUCE BY 60% FROM 1983 TO 1990
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5 CREW, THEN 3, THEN 2
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HEALTH AND SAFETY A TRADABLE ITEM
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1993- 2003A DECADE OF EXEMPTION
• Officials work with NZ Rail to gain exemption for rail employers from HSE Act• Rail employers
exempted from new health and safety law from 1 April 1993
• NZ Rail sold in 1993• The rail safety
system was a mirage: it did not exist: it could not be viewed.
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R E B RA N D E D I N 1 9 9 5 A S T RA N Z RA I L
THE SALE OF RAIL TO THE CONSORTIUM
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THE IMPACT OF DEREGULATION ON THE SAFETY OF RAIL WORKERS
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JACK NEHA• In 1995, Jack Neha was
killed in a shunting accident
• He had had six weeks on the job training as a shunter
• Manning levels reduced, he was on his own
• “the wicket keeper removed”, the Judge said
• He fell from a moving wagon, and was run over
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MURRAY SPENCE
• In 1996, Murray Spence died at age 35 years, he was a signals maintainer• He was cleaning and
inspecting junction boxes when he was struck on the right side of his face by the corner of a southbound rail car
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NEIL FAITHFULL
• In 2000, Neil Faithfull was killed when a wagon derailed and crushed him• He had five
children • He had worked for
Rail for 33 years• He was two years
off retirement
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INJURED AT WORK: IOASA IUNI• In 1998, Ioasa Iuni lost his
leg in a shunting accident• The hand grip pulled away
and he fell onto the track, the train ran over his leg
• The hand grip had been inspected infrequently- 5 times in 6 years and was rusted and corroded
• Non compliance with Mechanical code in approved safety system
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A D E AT H RAT E 8 X T H E N AT I O N A L AV E RAG E
TRANZ RAIL WINS AGAIN - 2000
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AFTER THE INQUIRY
• Rail brought back under the HSE Act• Health and safety improved with union
involvement• New rules introduced• Reduction in injury rate – 40% reduction in lost
time injuries and a 30% decrease in injury severity in first 12 months.