dungee wrote:human909 wrote:dungee wrote:I'm not sure how the driving was appropriate? Anyhow back to riding up the middle of the road on Camp HIll, all those angry bus drivers can just queue up behind me at 21kph.
I would most definately reply back to them and escalate the issue. Was this the close pass video??? If so point out that passing somebody that closely is NOT safe and is in fact against the law in Queensland and there is a move to make it Australia wide.
Consider bringing it up with worksafe suggesting that their worksafe policies are clearly not up to scratch!
For those that missed the link to the video - Close pass
http://vimeo.com/92228195#t=0s action is about 50 seconds in.
Not sure if it's too late to send it to the police, it was in the 1st week of the new laws, the rego number of the bus was not visible, just the route number so I'm not sure if the police would do anything. I'd be happy if they said "yeah, that was bad, we'll talk to the driver" instead of the bulldust reply I got..
If a company built a scaffold at their workplace and it fell down and killed someone, the company would be in a world of hurt. Even if it fell down and "nearly" killed someone, there would be a WHS investigation. I think stuff like this is EXACLTY the same thing. A traffic fine for a bus company is no threat at all, however, a WHS investigation might be. Try the cops, but you might want to think about your state's Dept. Work health and safety.
Maybe try something like this :
---------------------------------------------------------------------------------
The Company Director
Bus Company Address
I would like to draw your attention to actions of the driver of your vehicle, which occurred on [DATE], at approximately [Time]. I refer to the following photograph which was taken with a camera attached to my vehicle :
[Picture]
While travelling South on [Road], [Suburb], my vehicle was closely passed by your
vehicle - registration number [Rego. Number]. I believe the vehicle was travelling at excessive speed for the road conditions and the driver’s actions posed a clear and immediate threat to my safety.
[Details why you felt you were in danger - include any road laws breached by the driver]
As a person conducting a business or undertaking I would like to remind you of the NSW Work, Health and Safety Act 2011.
By conducting your business of public roads, these public roads become part of your workplace as defined in Section 8 of Subdivision 2 of Division 3 of the Act 02. Therefore you have an obligation to take reasonable steps to ensure the safety of those who are forced to share this public space with your vehicles.
The Work Health and Safety Act is very clear with regards to your Primary Duty of Care. Division 2 of the Act outlines your responsibilities with regards to the safety of others03. I believe your employee and your vehicle were in breach of this Act today.
Division 2 of the ACT goes on to provide guidelines for the training and monitoring of your workers. You, as the person conducting a business, are required by law, to ensure your workers are properly trained with respect to maintaining a safe work environment. Further, you are required to monitor these workers to ensure that they apply this training and do not put others in danger.
Therefore, I would like to know :
(a) what assurances you can give me that myself, and others, are safe in the place where you choose to conduct your business.
(b) what re-training and counselling you will now provide the driver.
(c) how will you monitor the performance of this driver in the future.
Below I have provided some details of the NSW Road Regulations 2008 as well as sections of the Work Health and Safety Act 2011 to support this letter of complaint.
I have forwarded this complaint to [Your State's Government Work health and Safety Complaints department] and have urged them to investigate your company with regards to this incident. I posting details of this incident, including your company details, on the internet so that others who are similarly threatened by your employees can refer to this matter when making their own inquiry.
Sincerely,
[Your Name]
1
[Details of any road laws breached by the driver]
02 The Work Health and Safety Act defines workplace as follows:
Meaning of “workplace”
A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work … place includes:
(a) a vehicle, vessel, aircraft or other mobile structure
03 The Work Health and Safety Act defines Duty of Care as follows :
Primary duty of care
(2) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
04 With regards to Training and Monitoring
(3) Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable:
(f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking, and
(g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of persons arising from the conduct of the business or undertaking.