Tuesday, 12 June 2012

EPA Investigation into Golf Clubs


As a result of an incident at a club last week, the EPA is investigating allegations of chemical misuse, water and land pollution, and the falsification of records within the golf industry. The investigation will likely broaden as a result of information now known to the EPA about alleged practices at many clubs. The NSWGCSA requested an information alert for their members concerning the EPA and its investigative powers and attached is a document that may be of interest to all. 

The message is the vicarious liability issues under the environmental legislation is clearly aimed at corporate management and e-par want to ensure all GM’s are comfortable with their environmental and safety due diligence status.
  
ALERT 
  
e-par Pty Limited 
ABN 63 125 454 015 Suite 2, 110-118 Belford Street 
BROADMEADOW  NSW  2292 Tel. 02 4961 4060 
Fax. 02 4961 4021 International Tel. +61 2 4961 4060 
TO:    GMA NSW  DATE:    4 June 2012  TOPIC: EPA investigating alleged breaches of Pesticide Act 1999, Pesticide Regulation and The Protection of the Environment Operations Act.  
PREPARED BY: Terry Muir, Managing Director e-par pty Ltd 
            
Background: 
The EPA has launched an investigation into the activities of Superintendents, golf clubs and their chemical suppliers in NSW. The investigation is focussing on allegations concerning 
- the use of unregistered chemicals by Superintendents and their staff; 
- the supply of unregistered products to Superintendents; 
- the purchasing of unregistered products by Superintendents; 
- the concealment of unregistered products as registered products by Superintendents; 
- the lack of training and instruction to staff by Superintendents; 
- chemical mixing areas and practices that pollute land and waters; 
- wash bay operations and practices that pollute land and waters; 

The EPA is likely to focus on the chemical user, their immediate supervisor (the Superintendent), and the chemical suppliers. Information suggests the EPA is aware of an alleged widespread practice of using certain products offlabel. One Superintendent has been formally interviewed by the EPA and subjected to their coercive powers when he was directed to answer questions.   

Issue: 
Potential breaches under investigation by the EPA include:  
1. To wilfully or negligently use a pesticide in a manner:  
- that injures, or is likely to injure another person or their property;  
- that harms any non-target animal or non-target plant; or  
- that materially harms a vulnerable, endangered or protected species.  

The maximum penalty for a corporation is $250,000; and for an individual it is $120,000 for each offence.   

2. The EPA is also investigating allegations concerning:  
- Possess and use products off-label without a permit;  
- Fail to read the label on each occasion before using the chemical was used;  
- Use chemicals in contravention of the instructions on the label;  
- Use chemicals in a manner that injures or is likely to injure another person; 
- Cause or permit another person to commit an offence under the Pesticide Act and Regulations  

Investigation 
The EPA has information alleging the widespread use of off-label products in the industry involving alleged collusion between some chemical suppliers and Superintendents. The allegations involve the purchasing of off-label products is being disguised as registered products for use on turf. We expect the EPA to continue to gather evidence with a view to prosecuting individuals, their managers and their corporation. The EPA has powers under their legislation to: 

- Serve Notices on individuals and businesses to supply records. 

We expect they will serve Notices for clubs to provide their chemical purchase orders and financial records and for chemical suppliers to provide their sales records to respective clubs. We also expect Notices will be served for Superintendents to supply their chemical application records and their training records. The EPA will most likely then cross reference these records to establish any purchase and use of off-label products or the concealment of off- label products as registered products.

- Direct individuals to answer questions.  

The EPA has coercive powers to direct individuals to answer questions. Refusal to answer questions and/or provide misleading information is a serious offence. The EPA has already exercised these powers in their current investigation and we expect they will continue to do so with many clubs should the investigation widen as expected. 

Of potential concern to General Managers are the provisions in the environmental legislation for both individual and corporate liability. Under Section 112 - 

(i) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision, unless the person satisfies the court that:  
         (a) the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or  
         (b) the person, if in such a position, used all due diligence to prevent the contravention by the corporation.  
(ii)  A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.  

Whilst the investigation of the EPA will focus on the environmental breaches, we expect the investigation will also involve Workcover. They are already involved in this enquiry and we believe they will focus on exposure of staff to chemicals; the exposure of staff to polluted rinsate matter; the lack of documented training. 

Prosecution Potential 
The use of off-label products is not a difficult offence to prove. Cross referencing with purchase orders, supply orders, product names, chemical registers, the cost variation between each product and the spray logs can demonstrate a trend easily identifiable by an investigator.  The EPA can also use its coercive powers to demand Superintendents answer questions and this will provide further potential evidence.
  
Should the investigations proceed to prosecution it will most likely be before The Land and Environment Court (this Court sits in the Supreme Court jurisdiction) in NSW. The outcomes of a successful prosecution include: 
- Fines against the individual/s involved – Superintendents, Assistants, Staff, General Managers. 
- A criminal record for the individual. 
- Fines against the corporation. -
Court Orders to pay the EPA’s investigative costs. 
- Court Orders for those convicted to publish by way of notice in a newspaper circulating throughout the 
State and in the executive summary of the company's annual report the circumstances of the prosecution and conviction. Also, if an offence has generated significant interest in the immediate locality, the EPA may also decide to seek an order requiring the defendant to carry out a letter drop. 

Recommendations and Next Steps 
- General Managers must be able to demonstrate that they have committed their staff to a process of environmental and safety compliance. This includes the development AND implementation of documented procedures.  
- General Managers must be positioned to demonstrate that they have provided staff with environmental and safety training that includes induction.(For those e-par members an Induction Booklet is in the e-par systemready to download).  
- The EPA and Workcover officers will expect to see documented environmental procedures and training records together with your chemical application logs. As a minimum your Superintendent should have procedures in place for – Chemical Mixing, Rinsate Disposal, Operation of Wash Down, Recording of Chemical Applications, Induction of Staff, Spill Response, Chemical Delivery, MSDS Management, IncidentReporting, Environmental Training Catalogue, Emergency Response, Manual Handling, Use of Chemical Mixing Area, In-Field Washing. (those using e-par have these procedures) 
- Consider reviewing Position Descriptions of all staff to include reference to environmental compliance and individual accountability. (A template is in the e-par system). 

If General Managers require any advice or support concerning an environmental or safety issue contact e-par at any time on 1300 471 175 or contact Terry Muir directly on 0412294514. 



Monday, 11 June 2012

2012 John Deere Golf Championships - Monday, 18 June 2012

This years John Deere Golf Championship is fast approaching, Monday, 18 June 2012 at the beautiful McLeod Golf Club from 11am. There are only 3 spots left in the field (3 spots for teams of 3 people consisting of Manager, Super and board member). To secure one of these final spots, please email Andrew Kirkman - akirkman@rqgolf.com.au.

Thursday, 24 May 2012

GMAQ May Edition e-Magazine is now available!

The 1st edition of the GMAQ e-Magazine is now available. Simply click on the link below to view.


Rules of Golf – Club Accreditation course @ Brisbane GC – Thursday, 17th May 2012


Fifteen keen Managers and Club employees attended the Rules Accreditation course hosted at Brisbane Golf Club and conducted by Luke Bates from Golf Queensland.  Although usually held over two days, Golf Queensland were obliging to conduct the course on the one day to accommodate for the busy lifestyle of the Golf Manager.
After an intensive 3 hour seminar and practical workshop, the attendees were then subjected to the gruelling 3 hour examination of 50 multiple choice questions, covering a wide array of rules and their interpretations.
Practical Seminar on the practice green at Brisbane GC  The practical seminar was very beneficial
All attendees found this to be an essential and rewarding experience that would be recommended for all managers and other club staff and volunteers to attend.
GMAQ wish to thank Golf Queensland and especially Luke Bates for accommodating and conducting the event and also to Simon and the team at Brisbane Golf Club who supplied a great venue and a superb lunch.

Tuesday, 15 May 2012

Work, Life Balance


When life is busy, or all your energy is focused on a special project, it's all too easy to find yourself "off balance," not paying enough attention to important areas of your life. While you need to have drive and focus if you're going to get things done, taking this too far can lead to frustration and intense stress.
That's when it's time to take a "helicopter view" of your life, so that you can bring things back into balance.
This is where the Wheel of Life (or Life Wheel) can help. Commonly used by professional life coaches, it helps you consider each area of your life in turn and assess what's off balance. And so, it helps you identify areas that need more attention.
Figure 1 below shows an example wheel of life with example "dimensions" (we'll explain how to choose the right areas of life or dimensions for you below).

The Wheel of Life is powerful because it gives you a vivid visual representation of the way your life is currently, compared with the way you'd ideally like it to be. It is called the "Wheel of Life" because each area of your life is mapped on a circle, like the spoke of a wheel.

Using The Tool

There are two ways you can use this tool. One is to use our interactive Wheel of Life tool below (click on the diagram to activate it.)
Alternatively, use the following steps to create your Wheel of Life and assess your balance. (This allows you to define your own dimensions.)
Start by downloading our free Wheel of Life worksheet which contains a blank Wheel of Life diagram as shown in figure 2, below.

  1. Start by brainstorming the 6 to 8 dimensions of your life that are important for you. Different approaches to this are:
    • The roles you play in life for example: husband/wife, father/mother, manager, colleague, team member, sports player, community leader, or friend.
    • Areas of life that are important to you for example: artistic expression, positive attitude, career, education, family, friends, financial freedom, physical challenge, pleasure, or public service.
    • Your own combination of these (or different) things, reflecting the things that are your priorities in life.
  2. Write down these dimensions on the Wheel of Life diagram, one on each spoke of the life wheel.
  3. This approach assumes that you will be happy and fulfilled if you can find the right balance of attention for each of these dimensions. And different areas of your life will need different levels of attention at different times. So the next step is to assess the amount of attention you're currently devoting to each area.
  4. Consider each dimension in turn, and on a scale of 0 (low) to 5 (high), write down the amount of attention you're devoting to that area of your life. Mark each score on the appropriate spoke of you Life Wheel.
  5. Now join up the marks around the circle. Does you life wheel look and feel balanced?
  6. Next it's time to consider your ideal level in each area of your life. A balanced life does not mean getting 5 in each life area: some areas need more attention and focus than others at any time. And inevitably you will need to make choices and compromises, as your time and energy are not in unlimited supply!
  7. So the question is, what would the ideal level of attention be for you in each life area?
  8. Plot the "ideal" scores around your life wheel too.
  9. Now you have a visual representation of your current life balance and your ideal life balance. What are the gaps? These are the areas of your life that need attention.
  10. And remember that gaps can go both ways. There are almost certainly areas that are not getting as much attention as you'd like. However there may also be areas where you're putting in more effort than you'd ideally like. These areas are sapping energy and enthusiasm that may better be directed elsewhere.
  11. Once you have identified the areas that need attention, it's time to plan the actions needed to work on regaining balance. Starting with the neglected areas, what things do you need to start doing to regain balance? In the areas that currently sap your energy and time, what can you STOP doing or reprioritize or delegate to someone else? Make a commitment to these actions by writing them on your worksheet.
Tip:
You can use the Wheel of Life as preparation for goal setting or coaching. It helps identify the areas you want to work on and is a great way of visualizing your current and desired life. Once you are working on improving your life balance, it's also a useful tool for monitoring your life balance as it changes over time.
The Wheel of Life is a great tool to help you improve your life balance. It helps you quickly and graphically identify the areas in your life to which you want to devote more energy, and helps you understand where you might want to cut back.
The challenge now is to transform this knowledge and desire for a more balanced life into a positive program of action.

Monday, 14 May 2012

Volunteers environment has changed!!!


The volunteer working environment is changing, with respect to what volunteers can and can't do. Furthermore, as Committees transition, and as a result of them being bound by constitutions which is further compounded by the Federal Work Health and Safety Laws which were introduced as of 1st January 2012, they do have a primary Duty of Care as per Section 19 of the Work Health and Safety Act 2012. They need to ensure so far as reasonably practicable, the health and safety of ALL workers and other persons (including volunteers). You cannot, as a Committee, disqualify your Duty of Care.
One way to ensure your Duty of Care is to develop a formal induction for your volunteers and ensure all volunteers complete the induction and understand their respective duties, the potential risks involved and their responsibility towards these prior to commencing work. In my opinion, this would include the consumption of alcohol whilst performing work duties; especially where higher risk work duties are involved.
Story courtesy of Dickson Wohlsen Strategies
http://www.dws.net.au