The Rack

Patrick Stevedores stands accused of torturous working conditions & injuring workers

It's a bit like being on the rack. A piece of machinery that twists and tortures the human body, contorting the head over one shoulder then the other -- eventually leaving the victim disabled. But cries for help are only answered by further punishment -- longer and longer stretches. And so the rack analogy is complete. The turning of the screw.

It is the towering straddle -- a mobile crane used to notch up productivity on the wharves, but also a modern day instrument of torture. And it is now the subject of criminal proceedings in the Industrial Relations Commission of NSW.

Before the nationwide lockout in 1998 straddle operators worked around two hours before being relieved for other duties. There were three drivers for every two machines. But under the first enterprise agreement after MUA members went back in the gates at Patrick, things changed.

With the drive to cut back on labour while increasing profits and productivity, stretches on the straddle nearly doubled. Patrick did away with job rotation. It was one person for every machine, forcing straddle operators to work for as long as three or four hours in one stretch.

Repetitive strain injuries, agonising neck and shoulder pain and crook backs soon became common place. But despite medical certificates requesting other duties, disabled workers were put on compo or forced to grin and bear it.

In July 2001, the union fought back. Five charges of safety breaches have been brought against Patrick Stevedores by MUA Central Branch Secretary Robert Coombs.

"Workers have a fundamental right to a safe working place. The union is there to ensure that," said National Secretary Paddy Crumlin.

The hearings opened in February with Patrick solicitors (Freehill Holdingdale and Page) arguing against the case proceeding.

MUA solicitor Peter Tyson of Turner and Freeman and barrister Brendon Docking from Higgins Chambers have now submitted all evidence backing the case against Patrick.

But most revealing are the company's own records and reports submitted to the court.

For example, Dr James G. Bodel, orthopedic surgeon and company medico-legal expert, was provided with a video tape of a straddle operation by Patrick, before being asked to assess workers complaining of injury.

"Extreme posturing of neck and upper body when driving," Bodel noted. "Clinically, there appears to be an excessive amount of rotational movement (of the head)."

Confirmation that the straddle was dangerous and that the workers were genuinely in pain was repeated in all four medico legal reports (see box opposite) the top Sydney surgeon submitted to Brendan Bilston, Operations Manager at Patrick Port Botany in August, 2001.

Dr Bodel is not a union doctor. He estimates he does about 90 per cent of his work for insurance companies and solicitors. Under cross examination by MUA barrister Brendon Docking Dr Bodel said:

"Anybody at any age, I don't believe should ... do what what I have just observed being done... It doesn't seem, in my clinical judgement, to be a manoeuvre that is a wise thing to do for too long....and put those body parts at risk... Any joint in the body is not ideally used to its extreme range of motion."

So too the opinion of Dr Michael Eagleton, general surgeon and QBE Workers Compensation doctor of choice when ensuring claims are genuine. Under cross examination he estimated that 75 per cent of his work was for insurance companies and only 25 per cent plaintiff. In his letter advising QBE on November 22, 2000 of Peter Howlett's condition, he states:

"Mr Howlett's description of the driving position and the driver's duties, lead me to believe that the situation for the drive is ergonomically unsound."

Howlett's debilitating pain "would recur if he resumed driving the straddle truck at the intensity with which he drove it in late 1999, early 2000. In my opinion, his employment has been a substantial contributing factor to his condition."

Yet not only did management continually ignore such professional medical advice, forcing injured workers back in the straddle cabin after they returned to work, they also chose to ignore ergonomic reports they had commissioned on the use of straddles. Not one report, but 10.

Warning 1:

Brisbane, September, 1995: Ergonomic Evaluation of Plant and Equipment for Patrick Stevedore by Dr Keith Adam, Specialist in Occupational Medicine and Ann Russell Occupational Therapist/Ergonomist.

The report cites studies identifying risk factors leading to neck and back disorders including monotonous work movements, high pace of work, short and infrequent work pauses, static work postures, sustained head postures, vibration, the bonus and prolonged neck rotation.

It recommended a redesign of the equipment and plant as well as different action, movements and work practices, job rotation and training. The report also pointed out the duties of an employer to provide and maintain safe plant, involve and consult the workforce and provide relevant information on hazards relating to plant and equipment.

Warning 2:

Port Botany, January 1998: ReStart Consulting, Risk Assessment on Straddle Carrier Cabin.

It identified four risks - sustained neck rotation, awkward mechanical seat adjustment, prolonged shoulder elevation when driving as well as awkward reach postures to access radio and computer terminal.

The report says "operators are required to rotate their neck up to 70 degrees to the left when driving forward and 80 degrees to the right when driving aft."

The report recommended maintaining three men across two straddles, ensuring the maximum period they may be required to be in the straddle without a scheduled break is 2.5 hours.

Patrick instead chose to demand labour cuts which forced a straddle operator to be confined to this punishing regime double time.

Warning 3:

Melbourne, September 1998: Injury Prevention Program for Straddle Drivers/Operators by Zack Mesaritis and Mark Hennessy.

It warned that looking to one side for a minute or two at a time could potentially contribute to musculoskeletal discomfort and fatigue in shoulder and neck; that looking forward and down would cause fatigue and stiffness in the neck and upper back and that sitting for long periods would cause lower back discomfort. It recommended micropauses long enough for drivers to do an exercise regime.

Warning 4:

Brisbane, February, 1999: Queensland Government Workplace Health and Safety Assessment at Fisherman's Island.

This report states that "Workers operating straddle carriers were observed sustaining awkward postures of the upper limbs for long periods -- continuously for more than 30 minutes and, in some cases, more than four hours over a shift. Observations also showed that operators are required to extend and hyperextend their necks to undertake the task of lifting and lowering containers and that these awkward postures may be adopted for over 90 per cent of the work cycle.

"Current research indicates that the recommended maximum time frame for static posture or repetitive tasks is four hours over an eight hour period. Notably, this recommended time frame is significantly less than the required operating time for Patrick straddle carriers.

"Evidence exists that static and awkward postural work demands can manifest in pain and injury. Postures with a twisted spine have also been shown to increase vibration transmission from the seat to the head. Workers self reported lower back, neck and shoulder strain during and immediately after operating the straddle carriers."

The long term recommendation was a complete redesign of the straddle. In the short term it called for job redesign, task sharing, job rotation, training and exercise.

Warning 5

Brisbane, April, 1999: A Stevedoring Audit Report by Department of Employment, Training and Industrial Relations identified the key ergonomic risks of straddles as "Working in sustained and awkward postures and inappropriate seating for workers."

Warning 6

Brisbane, June, 1999: Patrick Stevedores, Towards Health: "Sustained neck/trunk bending and twisting was observed during straddle care operations. This occurred at all phases of the job."

"The findings consistently suggest likely primary problem areas for the development of musculoskeletal complaints to the neck/shoulder and low back.

"This is consistent with the lodgement of WCQ claims for neck strain and low back strain to date... It is noted also that the way the job is presently structured, there is little opportunity for task rotation or for task variety."

Warning 7:

Brisbane, July 9, 1999: The Ergonomic Assessment draft paper on Straddle Carriers by Noel Arnold & Associates.

The report is critical of the dangers workers are subjected to -- sustained neck rotation, awkward mechanical seat adjustment, prolonged shoulder elevation when driving.

The paper clearly states: "When compared with roster previously in place, where a total of three hours (60 per cent of the drivers time) was spent by the driver with sustained neck rotation it is clear that the drivers are now under greater risk of a strain injury than previously."

The report also notes: "Recent changes to rostering have increased the length of time between breaks and have also increased the time per day spent operating the crane. The rostering changes have resulted in increased duration of exposure to the ergonomic risks posed by awkward postures and as a result it is recommended that measures are taken to control this increased risk... Extreme movements need to be reduced to avoid excess stress on joints and soft tissue."

As well, it raises the concept of 'task sharing' in light of the availability of trained crane operators and available alternate duties.

Most notably it says: "This report has been produced in the belief that improvement to employees safety are best achieved through reducing the risk associated with identified hazards at their source, and modifying the workplace to fit the needs of people, rather than adapting the people to fit the demands of a hazardous workplace."

Warning 8

Brisbane, September 1999: A RMIS Risk Management International report cites twisting and sideways flexion of the spine and sideways flexion of the neck to the left and down as just two of 10 risks which presented "both acute and potential chronic situations." It cited long term effects to the muscular, skeletal and nervous system including headaches, nerve impingement and upper limb pain.

Further reports followed although their scope appears to be limited to specific problems.

For example, the Workplace Ergonomics and Rehabilitation Pty Ltd, East Swanston Dock report of August 5, 2000 only reassesses placement of the computer terminal and keypad. Nevertheless, it acknowledged that the job involved prolonged sitting, prolonged head and trunk rotation, leaning forward and sideways from a seated position.

The OH&S Act requires companies to provide all safety material to their workforce. But Patrick divulged none of these reports until they were taken to court. Meanwhile, little sympathy was shown to the workers worst affected by the crippling conditions they laboured under.

Even medical certificates when provided were ignored. David Hargraves gave evidence that when Patrick Deputy Manager Brendan Bilston gave him alternative duties following his doctor's advice that he needed a break for 15 minutes every two hours, it was soon rescinded.

Labour Manager Keiron Wain called Hargraves to his office and told him "The EBA only allows one break. Unless you go back and get your certificate changed you can't come back to work as there are no light duties."

"As my employer advised that there were no alternative duties available, I was forced off work for two weeks on workers compensation," said Hargraves.

Why? When management knew what harm the straddles were doing to the human beings on the job, why did they persist in subjecting them to this torture?

And why did Patrick ignore their responsibility under the Act to provide the OH&S committees with copies of these reports and to consult with them?

The company sat on not one, but a series of reports warning of the dangers of prolonged work in straddle machines.

Members of the OH&S committee have given evidence that they were never made aware of these reports.

"We were never told," Simon Euers testified.

The matter has been adjourned until a date to be fixed by the court to hear Patrick's defence.

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Doctor's Reports

Excerpts from 4 reports on MUA members:

Jason Leslie Crews: Dr Bodel notes a work injury on top of the straddle strain and that Crews received chiropractic treatment as well as an exercise program after being off work four weeks. He notes that Crews reported his neck was so disabled that to begin a swimming exercise program he had to use a snorkel to breathe. He could not turn his head to one side for air.

Previously Crews had also worked the portainers but "apparently after he complained of the neck pain the labour manager put him on the straddles full time! Based on his clinical presentation today the patient is left with ongoing discomfort in the neck which is work related."

Stephen Raymond Magnus: While acknowledging earlier injury due to a car accident, Dr Bodel concludes: "This prolonged period of work with the neck rotated to the left or right would tend to aggravate symptoms in a person even with a normal neck... I also observed on the video tape that when the machine is being driven under load with a container in place that there is a lot of vibration and this would tend to further aggravate symptoms... the patient's complaints are quite genuine."

David Bruce Hargraves: "The patient reports that he began to develop a gradual onset of neck and right arm pain in about May or June of 1999. His doctor wanted to put him on lighter duty activities but he was told that no light work was available. He was therefore unfit for work for about four weeks.... no other work was offered apart from continued work driving the straddle machine."

The pain returned and Hargraves continued on the job by swallowing Aspirin, Nurofen or Panadeine Forte and (the anti-depressant) Zoloft. He had trouble reversing his car and with household maintenance. The medico-legal report notes that Hargraves has cervical disc pathology and that the nature of work itself may have induced this or been a substantial contributing factor to his current disability.

Once more Dr Bodel confirmed that the patient's complaints were quite genuine, recommending shorter stints in the straddle or that the straddles were modified so that the operators "do not have to turn so vigorously to the right and to the left in order to drive the machine. Portainer drivers rotate every two hours and in my view this would be more appropriate for the people driving the straddle," said Dr Bodel.

Peter Leslie Howlett: Bodel notes that Howlett described himself as one of the fastest drivers with the quickest pick up rates, clocking up over 200 containers each shift with a record of 340. He loved overtime, frequently working six or seven weeks with only one or two days off.

In February 2000 he was referred to Dr David Manohar and had three months off work with another 13 days off sick in early 2001. He only managed to return to work by wearing a corset and by taking analgesic medication. Howlett complains of low back and upper back pain. The pain radiates into the left buttock.

Dr Bodel: "The patient's complaints are quite genuine and the ongoing disability relates to his work."

The doctor recommended a five minute break every hour and "modified work and a better rotation of the workload so that he is not driving the straddle machine for such prolonged periods without a break."