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Hampton Transport and Worksafe Western Australia – An Update

Hampton 003633983032897656250

I initially blogged on my “interaction” with a Hampton Transport truck and my subsequent writing to Hampton Transport in December 27, 2010. Due to the lack of response from Hampton Transport I contacted Mr Brian Bradley Director General of the Department of Commerce, The Minister for Commerce, the Honourable Simon O’Brien, the Opposition Spokesperson for Commerce, The Honourable Ljiljanna Ravlich, and my local Member of Parliament, Dr Liz Constable. Documented below is the response I have received from Dr Elizabeth Constable, Mr Brian Bradley, Director General of the Department of Commerce and the Honourable Simon O’Brien Minister of Commerce. Ms Ravlich hasn’t seen fit to respond: really quite rude of of her in my view. I wrote to all concerned as my initial response from Worksafe Western Australia was lacking in my view. I have now closed this matter and hence documenting it here for the public record.

Letter to Mr Bradley, Director of General, Department of Commerce – March 2, 2011

Mr Brian Bradley
Director General

Department of Commerce
Locked Bag 14
CLOSITERS SQUARE WA 6850


Dear Mr Bradley


I am writing to you in respect to a matter that I raised in writing with your Worksafe division on January 27, 2011 and what I feel is that less than satisfactory handling of my concerns.  The matter of concern is in respect to Hampton Transport and a road safety matter.  Please find enclosed a copy of the letter of January 27, 2011.  As your department has a copy of the video I will not enclose another copy, however, it can also be viewed on line at http://www.youtube.com/watch?v=-CA2LaaXRRM.


The timeline of this matter is as follows:


1.I wrote to Worksafe WA on January 27, 2011 at the PO Box 294, West Perth address. To date I have not received notification of receipt nor have I received a formal response to this correspondence.


2.On February 11, 2011 I completed the online complaint form of which the reference number 17262 applies as I had had no response to my correspondence of January 27, 2011.


3.On February 14 or 15, 2011 I received a phone call from “David” whom I assume is a Worksafe officer. David indicated that he had not been able to view the video I sent in until Friday February 11, 2011 when software was installed.  This representative then went on to suggest to me that as the matter occurred on a public road, that the traffic regulations overrode the Worksafe legislation, i.e., the Road Traffic Code 2000 was superior legislation and hence Worksafe could do nothing more.


Mr Bradley I have a number of serious concerns with respect to the handling of my compliant and the response from the Worksafe officer, whose explanation I find at best a “lazy response” to put it politely.  Therefore I would appreciate please your formal response to the following:


1.Why do you not have in place appropriate mechanisms to properly record and acknowledge work safety complaints to ensure that they are appropriately investigated? If you believe that you do have in place appropriate procedures can you please explain why I am still waiting for a formal response, net alone an acknowledgement of my correspondence of January 27, 2011?


2.Referring to your own Department’s “Customer service charter” which can be found at http://www.commerce.wa.gov.au/PDF/Publications/CORPORATE_DO_OR_200212_Customer_Service_Charter.pdf can you please explain to me how the handling of this matter reflects your employees compliance with all the dot points in your Charter?


3.Can you please explain to me why it took my follow-up via your website for your officer to “suddenly” need software to view the video and why if the video had been attempted to be viewed in a more timely manner I was not contacted to see if I could provide it a readable format?  Why do I have the feeling that the correspondence had been ignored by your Department until the online compliant was lodged with a reference number which made the officer accountable?


4.Referring to the “advice” given by the Worksafe Officer can you please provide details of the relevant legislation and legal advice that the Department has that supports the position put, that is that the Worksafe legislation is subordinate to other legislation, in this case the Road Traffic Code 2000 which is a body of regulations (not legislation).


5.Referring to the current Worksafe laws can you please provide appropriate advice which explains why the “others” provision of the legislation does not apply to road users where the incident of concern involves a transport company and its employees?

In closing Mr Bradley I wish to formally record my disappointment at the way this mater has been handled by your Department and I hope that this follow-up letter will be responded to in a far more professional manner.

Yours faithfully


Response from Dr Elizabeth Constable, Member for Churchlands – March 23, 2011

Constable 23 03 2011

Response from Mr Brian Bradley, Director General, Department of Commerce- March 26, 2011

Department of Commerce 26 03 2011 IMG

Department of Commerce 26 03 2011 IMG 0001


Response from Simon O’Brien MLC Minister of Commerce – May 5, 2011

O bren 05 04 2011 IMG

O bren 05 04 2011 IMG 0001

 

 

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