How RSHQ compares to the Australian Transport Safety Bureau in releasing Fatality Information.Seaworld Helicopter Preliminary Report
The ATSB (Australian Transport Safety Bureau released its Preliminary report into the Seaworld Helicopters crash that occurred on the 2nd of January 2023, killing 4 and injuring 9 people.
https://www.atsb.gov.au/publications/investigation_reports/2023/report/ao-2023-001
The 13 page Report contains several paragraphs that spell out the purpose of the Preliminary report
This preliminary report details factual information established in the investigation’s early evidence collection phase, and has been prepared to provide timely information to the industry and public. Preliminary reports contain no analysis or findings, which will be detailed in the investigation’s final report. The information contained in this preliminary report is released in accordance with section 25 of the Transport Safety Investigation Act 2003.
Purpose of safety investigations
The objective of a safety investigation is to enhance transport safety. This is done through:
- identifying safety issues and facilitating safety action to address those issues
- providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.
It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.
The Preliminary Report was released just over 2 months after the tragic crash.
The contrast into how the ATSB treats publicly sharing information into fatalities and RSHQ could not be starker.
There have been Ten Miners killed at work in Queensland Mines and Quarries since 2018.
There are no RSHQ Investigation Reports for these fatalities publicly available, either Final or Preliminary.
Of the 47 fatalities before 2019 reviewed in the Brady Report, there are only 3 that have ever been released; and only because they were tendered as part of Coroners proceedings.
How and why is there such a difference in sharing safety information?
Why does RSHQ deliberately and aggressively withhold its Fatality Investigations from Mineworkers and the Public of Queensland?
Why does RSHQ decide that Mineworkers deaths are less worthy of respect than those involved in a light plane or hot air balloon incident?
The keeping everything possible secret by RSHQ is allowed by by the use of one different word in the respective Acts. The use of the word “MAY” instead of “MUST”.
The answer it seems is that RSHQ by law does not have to publish anything about Fatalities and other Incidents unless it somehow decides to make the effort.
RSHQ and the Ministers have made a deliberate decision that they will not publish Investigation Reports.
They have come to a decision that Mineworkers and their families do not deserve the same sorts of treatment as members of the general public.
RSHQ has decided that Mineworkers do not need to be as informed as possible about risks to their Safety and Health.
RSHQ has obviously decided that the word “MAY” means “WILL NOT”.
The TRANSPORT SAFETY INVESTIGATION ACT 2003 – SECT 25 sets out that the ATSB “MUST” publish an Investigation Report and “MAY” publish a factual Preliminary Report when it sees fit. In part the relevant clause is
(1) The ATSB must, as soon as practicable after an investigation has been completed, publish, by electronic or other means, a report in relation to the investigation.
(2) The ATSB may, at any time before an investigation has been completed, publish, by electronic or other means, a report in relation to the investigation if it considers that the publication of the report is necessary or desirable for the purposes of transport
The CMSHA 1999 contains in part this provision
275AC Public statements
1)The Minister, CEO or chief inspector may make or issue a public statement identifying, and giving information about, the following—
a) the commission of offences against this Act and the persons who commit the offences;
b) investigations conducted under this Act about accidents or high potential incidents at a coal mine;
c) action taken by inspectors, inspection officers,
