DBUG> offtopic: court case [California]

[Richard.Beard@API.NET.AU]

>....... it was only a matter of time before the concept of an
"accident" became obsolete....<

Here in the state of New South Wales, Australia, that is just the case.
Three years ago our company managers were briefed by the department
which looks after Industrial Accidents under the Occupational Health and
Safety Act. Their summary was: 'There is no such thing as an accident -
injuries and death are preventable. If one occurs on your work site, you
are
automatically guilty and the resulting court case will determine the
penalty
and who cops it. The court case will also determine if there are better
ways
to reduce or eliminate risk.' Incidentally, the list of who can be charged
can
be scary - it can go from the Senior Officer of the company, through the
management structure and right down to supervisors and workers. If you
knew of the risk and did nothing about it, you will be added to the list.
Amongst the precedents quoted was a major shopping centre who put
steel reo mesh up as a temporary wall - 2 kids climbed up and the mesh
folded under their weight. One kid suffocated - several managers (incl
head office people), supervisors and workers were charged. Worker's
stupidity is, generally, not an accepted plea - disobedience may be (and
even then, may still not be a way out for those charged).
Richard Beard
Store Planning Manager
API Ltd. Sydney.

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