I agree that 'common law' is very pertinent to both our discussion and
to the industry.
However, there are considerable inroads being made into the aplication
of such law
in an increasing number of fields - the workplace being just one. (
Politicians seem anxious
to get away from the vagaries and boundless nature of the common law.)
For example Section 19 of the WA OH&S requires employers to provide and
maintain
safe working places (no sharps bits etc!); and to provide such training
and instruction necessary
to enable the employees to work without exposure to hazards. The same
section also states:-
"In determining the training required to be provided in accordance
with subsection (1) (b)
regard shall be had to the functions performed by employees and the
capacities in which they
are employed."
This would seem in itself to be sufficient in the present situation to
resolve any concern. Again
the OH&S legislation provides further force and "protection".
"Section 20 (1) An employee shall take reasonable care - ...
(b) to avoid adversely affecting the safety or
health of any person through any
act or omission."
To paraphrase the rest of the section the employee is required to
comply (as far as is reasonably possible)
with any instruction given by the employeer for the safety and health
of both the employee and any
other persons. The phrase 'any other persons' is taken to include
third parties such as passengers; so provided
NZ or any other state has in place suitable OH&S legislation they have
a mechanism for dealing with
any recalcitrant regardless of their position.
The upshot of all this is that records alone may not be the solution if
the methods or practices are
not those provided by the employer. Of course this means that the
employer had better amke sure that
they are providing the necessary training or instruction.
Whist I agree with you that the practice of safety is an individual
exercise there must still be a culture
of support and encouragement from the organisation if that practice is
to be properly nurtured.
So keep watering the pilots; but make sure they are getting the right
nutrient from their company!!!!!
Time to go; keep off the gin - Bundy is better for you!
Stephen J. Phillips
Lecturer in Aviation
School of Engineering
Edith Cowan University
Mt Lawley
PERTH 6050
WESTERN AUSTRALIA
Ph 08 9370 6680