April 2002 Volume 83 Number 4 "serving the protectors"
By Trevor Haskell PASA Vice President

Occupational Health, Safety and Welfare – IMOST a must

The Police Association recently received a copy of the summation of Judge Hungerford of the NSW Industrial Relations Commission. The summation was of the trial of the NSW Police (through the State of NSW) relative to the circumstances of the murders of police officers Addison and Spears in country NSW in July 1995.

These experienced police officers attended a domestic address to speak with John McGowan. McGowan had, by telephone, threatened a person’s life and the officers were investigating the incident at night. McGowan – armed with a Ruger self-loading rifle – confronted them. He shot and killed both officers and then killed himself.

The summation is some 15 pages condensed from a ruling running into book size. The full summation and report is Workcover Authority of NSW v the Crown in right of the state of NSW (Police Service of NSW) and found at www.lawlink.nswgov.au.

The charging of the NSW Police was on a number of OH&S issues concerning training, type of weapon and speed loader, and communications equipment. The specifics of the charges were later amended or dismissed to proceed with a charge of failing to provide a safe working environment for its employees that is safe and without risk to health.

The key particulars of the charge were:
b) failing to provide training, to wit, the content of which addressed in a practical way the tactics to be employed in high risk situations;
d) failing to ensure that mandatory training in the use and reloading of weapons, use of torches, defensive tactics and communication was undertaken;
e) as a result of the said failure, Senior Constables Addison and Spears were both placed at risk of injury.

The Crown pleaded guilty and the circumstances were discussed at length relative to penalty.

There is interesting debate around the concept of “inherent risks of the occupation”. The judge also referred to what he found to be compelling evidence of the former NSW Police operations response trainer, Thomas Lupton. Key points of his evidence appear below. (Note: simmunition is the name given to the NSW tactical training, which sounds somewhat similar to IMOST.)

Training does not totally negate risk but it is designed to give the officers a number of options to meet a variety of situations to minimize the risk to themselves and others. There is no definitive answer to situations. Therefore the tactics in general terms are somewhat generic designed to give the officer some response for most situations.

The purpose of on-going training was designed to bring the operational officer in, impart new options, new training, new concepts and review what their current skill levels were.

Simmunition training is important especially for decision making under stress.

In Lupton’s opinion there has been observable improvement in officers since simmunition training. The judgmental skills have been improved and the feedback has been that it has been a benefit in operational duties in that it has given them an increased number of options and how to control their environment.

Simmunition training would have assisted Spears and Addison. It improves the ability to communicate with each other and subjects. It allows an officer to practice weapons skills, observation and perception, searching techniques, fire and movement, use and control of light and a range of judgmental aspects.

The initial penalty was $275,000, but the judge imposed one of $220,000 after providing discounts for the guilty plea and other matters. The maximum penalty was $500,000.

For police officers, the issue must not be about apportioning blame but ensuring there is no blame. The NSW Police had a creditable training system. It was structured and aimed to ensure all received initial and refresher training. However, these officers had not received the training owing to what, at the time, were probably seen as reasonable delays. The case put the onus on the organization, but guilt after the event is of little use to the officers.

Police officers must take responsibility to ensure their workplaces are safe and that they receive all available training to minimize risks. There must be an individual focus on what they have done. All systems will have glitches, there is always a potential for training to be missed owing to leave, court or other special needs. The access to training in a timely and regular manner is critical.

Be active in your own health and safety. It might save your life or prevent you being crippled. If you have not received training, then raise it as a matter of urgency. Take the time to ensure you survive.

If you have concerns, ensure you document them and provide the documentation to the local OHS&W committee members, your service OHS&W co-ordinator and the Police Association. The Commissioner’s occupational health safety and welfare consultative committee members are also available for matters which have all of SAPOL implications. Training for operational safety will always be an industry issue.

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