Wednesday 27th of November 2024
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leaky radiators....

What will it take to give whistleblowers the kind of protection they deserve? When will women like Roxanne Mysko be saved from “a pile-on by rich white men?” Andrew Gardiner reports.

Australia’s weak whistleblower protection laws claimed another victim this morning, when Adelaide grandmother and former truck safety compliance officer Roxanne Mysko turned herself in to police in Adelaide’s north. That followed an arrest warrant yesterday issued by the South Australian Supreme Court.

Meanwhile, fatalities in crashes involving heavy trucks are up by an average of 6.1 per cent per year over the three years to March 2023, but if Roxanne’s experience is any guide, the unwritten rule appears to be: “don’t talk about it, or else.”

Roxanne, whose whistleblowing over corner-cutting on safety and driver fatigue and the draconian response from her former employer was the subject of an MWM report in June, failed to appear in the Adelaide Supreme Court on Wednesday. Supporters say this is because she “fears for her life” in prison following alleged threats and harassment of her and her family.

She describes the four years since whistleblowing on Port Adelaide-based Express Cargo Services (ECS) – a company linked with gas giant Santos – as a “living hell” in which she was sacked, sued and on the receiving end of a police raid. 

“Roxanne is terrified, believing people can get at you in prison, but handed herself in at Elizabeth Police Station after she learned the court had issued an arrest warrant,” a supporter, Julie-Ann Finney, told MWM. “When will women like her be saved from a pile-on by rich white men?” 

Keep your trap shut

Roxanne’s legal peril comes after she raised her safety concerns to a partner trucking company of ECS which was “not an eligible recipient” under whistleblower protection laws. After the ensuing ECS civil action, Roxanne complained to that same company – in breach (contempt) of court orders – for, among other things, ‘outing’ her as the informant. 

Her indiscretions seem negligible next to the serious alleged safety breaches at ECS – breaches MWM independently learned of – which Roxanne brought to the attention of the National Heavy Vehicle Regulator (NHVR). These include:  

  • Fatigue among company drivers and subcontractors, who are alleged to have worked up to 26 days straight (the relevant law states drivers must have a 24-hour break every seventh day);
  • No safety audits of 70 subcontractors from 2007 to 2020, many in violation of Chain of Responsibility (COR) requirements which began in 2014;
  • No license checks on 70 subcontractors;
  • No vehicle maintenance audits over an extended period;
  • Speeding by trucks supposedly limited to 90 km/h, and … 
  • No documentation for all COR safety procedures for any truck or freight movement anywhere in Australia.

Such alleged breaches of safety law can be life-threatening to truckies, 188 of whom died – in heavy truck crashes alone – over the 12 months to March last year. If proven, they can incur seven-figure fines, but as things stand, it’s Roxanne who faces $350,000 in ECS legal fees awarded against her, not to mention a possible prison sentence. 

MWM dragged into Supreme Court action

MWM found itself in the middle of Wednesday’s Supreme Court of South Australia to-and-fro when ECS lawyers argued this publisher might also be in breach of court orders after airing the allegations against ECS in its June article. In response, this reporter repeated our June assertion, contained in the same article, that it had independently learned of and researched the alleged safety breaches at ECS, and had breached no such order. 

In a June email to MWM, David Elix of 1878 lawyers cited court transcripts warning “any other person who knows of this order and does anything that helps (Ms Mysko) to disobey it” may also be imprisoned. Following the article’s publication, Elix sought a retraction, threatening an action for injurious falsehood if MWM did not publish it “within 48 hours.”

MWM did not publish a retraction, offering instead the opportunity for ECS and its lawyers to respond to questions and have their say. We are not suggesting ECS or its partner company have acted unethically or in violation of workplace or transport safety laws, and to reiterate, we established the alleged facts around ECS’ safety record and subsequent conduct independently of Ms Mysko. Further, ECS has not responded to questions either prior to or after publication. 

The case of Roxanne Mysko brings into sharp focus the limitations of whistleblower legislation. Not a woman of means, Roxanne needed but couldn’t afford expensive legal advice that would have forestalled her approaching a “non-eligible recipient” of whistleblower information, thereby avoiding the seemingly punitive blowback that followed.  

Whistleblowing can cost much more than a lawyer’s bill if you get it wrong. “I don’t laugh anymore, have withdrawn from what was a very social, busy life (and) am now a recluse,” said Roxanne on the emotional toll the last four years have wrought.  

Roxanne is in the early stages of a High Court appeal, but is in no position to privately fund such action. She is on the lookout for pro bono representation.

 

https://michaelwest.com.au/as-trucking-fatalities-rise-the-whistleblower-finds-herself-under-arrest/

 

 

 

YOURDEMOCRACY.NET RECORDS HISTORY AS IT SHOULD BE — NOT AS THE WESTERN MEDIA WRONGLY REPORTS IT.

BOOOOOM!....

The Queensland Trucking Association (QTA) says some companies are considering "danger allowances" for drivers transporting goods on the Bruce Highway.

The warning comes after a spate of fatal crashes in the past week, including a truck and ute collision on Friday morning.

The truck, which was carrying 42 tonnes of ammonium nitrate, exploded and left a large crater on the highway.

The driver of the ute died at the scene and the 47-year-old truck driver was airlifted to hospital in a serious condition.

QTA chief executive Tony Mahon said he was very concerned about the safety of the highway.

"There is talk from some of the fleets [of] having to apply a danger allowance for drivers on the Bruce," he said.

"We're hoping most of our drivers that use the Bruce will stay on that route, but there is ever increasing concern about the conditions and the risk of driving that highway, particularly at night.

"It's a living that already has its dangers … [drivers] know those roads like the back of their hand and their concerns are increasing."

Remedial work underway

The Department of Transport and Main Roads (TMR) said the highway north of Bororen remained closed but it was working to open at least one lane by midnight on Tuesday.

"Depending on damage assessment and the completion of remediation work, two lanes of access may be possible," a spokesperson said.

Queensland Police handed the site to TMR on Sunday morning and the department said "significant" progress had been made in the removal of contaminated material.

The department said three large trees damaged by the blast posed a safety risk and would be removed.

"Trenches have been excavated along the Bruce Highway within the blast zone in order to test pavement," TNR said.

"Ground-penetrating radar testing commenced Sunday afternoon and continued into Sunday night."

Provisions are in place for emergency and school bus services.

Upgrade commitments

Queensland Transport and Main Roads Minister Bart Mellish is travelling to the site this morning and says the state government will continue to push to change the funding modelfor the highway from a 50-50 federal and state split to an 80-20 split.

On ABC Radio Brisbane this morning he said he had not driven the entirety of the 1,679-kilometre Bruce Highway, but had been to "many sections".

"Every time I've been up to a section on the Bruce Highway we've been announcing money for that section," Mr Mellish said.

"We are absolutely committed to getting more and more investment in the Bruce Highway, we are absolutely committed to upgrading sections of this road."

He said it would not be possible in the immediate future to upgrade the entire highway to four lanes.

"I've always felt safe travelling on the highway, but I know there are challenges in many sections," Mr Mellish said.

Burnett Highway warning

On Sunday morning a 53-year-old man died in a crash on the Burnett Highway, which is being used as a heavy vehicle detour.

Mr Mahon said the incident led to the closure of the Burnett Highway for about eight hours.

"That'll have an affect over the next little while on how supply chains are working in the north, particularly, but also product goods and a variety of other materials that come south as well," Mr Mahon said.

He said some drivers were opting to detour through Toowoomba and Dalby.

"The Burnett Highway is not appealing to many either," Mr Mahon said.

He said he had heard reports that driver behaviour on the Burnett detour had been "appalling", particularly from car drivers overtaking.

North Burnett Mayor Les Hotz said motorists needed to consider the varying condition of road.

"Our road is in a poor state," he said.

"The Burnett Highway is in need of a major upgrade in several places.

"The Burnett Highway is narrow and does not have passing lanes and so it's so important for people to know they've got to be patient and travel at the speed of the traffic and the trucks."

'Not driving to conditions'

Monto resident Jeanette Lamb said she witnessed a number of near misses on local roads.

"It's a pretty constant stream, but now we're getting people who don't regularly use the A3 and they're really not driving to conditions," she said.

"I'm watching trucks coming in and not knowing that to cross the bridge in our town it's two 90-degree turns."

Monto business owner Jenny Forsyth was also concerned about driver behaviour, but said the detour was bringing in customers.

"It just been flat out — great for a business point of view, mayhem for some aspects of it," Ms Forsyth said.

"Lots of people had no idea that Monto existed and are very surprised at what we've got to offer, so they're taking a little bit extra time.

"All of our small towns welcome them with open arms, but just arrive safely and have safe trips."

 

https://www.abc.net.au/news/2024-09-02/bruce-highway-danger-allowance-considered-road-to-reopen/104298266

 

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YOURDEMOCRACY.NET RECORDS HISTORY AS IT SHOULD BE — NOT AS THE WESTERN MEDIA WRONGLY REPORTS IT.

 

 

truckin'....

 

As trucking fatalities rise, whistleblowers and other industry activists allege that trucking regulations are not working and the regulators are failing drivers. Andrew Gardiner with the story.

Deaths involving large trucks constitute 27% of all road fatalities in Australia, according to the latest report (June 2024) from the Department of Infrastructure, an increase from last year of 3.5% (12 deaths). Trucking industry whistleblowers claim regulators must take some of the blame.

Veteran truckie and Victorian beef cattle grazier ‘Witness 20’ (as they called him at the 2019 Senate’s Road Transport Inquiry) thought he was on to something when he made his road safety pitch to the Senate. He was alarmed at the number of what he called ‘up at the front’ suspensions and shoddy tyre installations – poorly placed and dangerous, but entirely legal – which could potentially cost lives.

“Trucks were rougher to ride and had much less driver road feel, which was especially alarming when cornering quickly or driving close to the verge,” said Witness 20, referring to road tests of ‘up at the front’ suspension set-ups in which air bag modules were high at the front end. “It wasn’t much of a difference (in height), but it was life-threatening when compared to properly configured systems,” he told MWM.

“What was very clear when leaning into a corner was the sideways rotation of the trailer, setting up a chain reaction that could be deadly.” He added:

Official trials were needed to confirm this, laws, regulations and their enforcement needed to change, and trucking companies had to toe the line.

READ MORE:

https://michaelwest.com.au/why-are-they-there-trucking-regulators-fail-australian-truckies-as-death-toll-rises/

 

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YOURDEMOCRACY.NET RECORDS HISTORY AS IT SHOULD BE — NOT AS THE WESTERN MEDIA WRONGLY REPORTS IT.