SafetyAtWorkBlog believes that the following research project may be of interest to readers.
A research team from the Faculty of Business & Law at Deakin University, led by Drs. Elsa Underhill & Melissa Parris, are conducting a research project to:
- Develop a better understanding of how health, safety and well-being outcomes differ between types of workers (ie. permanents, casuals & labour hire) within the same workplace; and
- Develop an understanding of how employment status impacts on work/life balance.
Their findings are intended to better inform HRM and WHS practitioners on the development of evidence based strategies and policies to improve the health, safety and wellbeing of all employees.
They are seeking organisations which will allow them to survey their employees including, where appropriate, labour hire workers placed with organisation. Responses will be anonymous and respondents will have the chance to win 1 of 10 mini Ipads. Participating organisations will receive a report specific to their organisation, as well as the full project report.
Is your organisation interested in participating? If so, please contact Elsa.Underhill@deakin.edu.au for further information.
The occupational health and safety (OHS) profession in Australia has suffered from the lack of a public voice. This is partly due to ineffective and disorganised professional associations but more it is due to fear – fear of embarrassment, fear of ridicule, fear of failure…. This is peculiar because a fundamental element of OHS is communication. Below is some information from an Australian journalism textbook that may help reduce some of that fear.
Code of Ethics
The Media Entertainment and Arts Alliance (ie. the journalists’ “union” in Australia) publishes a Code of Ethics. (Similar organisations round the world have equivalent documents and obligations) This is vital information for any journalist but also important for those who want to engage with the media, perhaps through interviews. For instance, on the use of sources, the Code says
“Aim to attribute information to its source. Where a source seeks anonymity, do not agree without first considering the source’s motives and any alternative attributable source. Where confidences are accepted, respect them in all circumstances.”
On November 12 2014, the Safety Institute of Australia (SIA) conducted its first large seminar on the certification of occupational health and safety (OHS) professionals. The seminar had an odd mix of some audience members who were suspicious, others who were enthusiastic and presenters who were a little wary. There were few who seemed to object to certification but, as the SIA admitted, the process is a long way from complete.
Justification for Certification
Certification works when it is either mandated by government, usually through legislation, or in response to a community/business/market need. Australia does not seem to have either. The SIA explained that there is a “legal requirement” for OHS certification by placing it as part of the OHS due diligence obligations of Australian businesses, that Safe Work Australia (SWA) sort-of refers to it it in its National OHS Strategy and that the “Recommendation 161″ of an unspecified international law:
“….calls for organisations to have access to “sufficient and appropriate expertise” as a basic right of all workers.”
There is no such Recommendation but there is an Occupational Health Services Convention, 1985 (No. 161)
Convention concerning Occupational Health Services (Entry into force: 17 Feb 1988) – a International Labour Organisation Convention that Australia has not ratified.
The SWA strategy repeatedly mentions the important of “health and safety capabilities” as a “national Action Area”. It specifies this action area as:
- “Everyone in a workplace has the work health and safety capabilities they require.
- Those providing work health and safety education, training and advice have the appropriate capabilities.
- Inspectors and other staff of work health and safety regulators have the work health and safety capabilities to effectively perform their role.
- Work health and safety skills development is integrated effectively into relevant education and training programs.” (page 9)
In the strategy’s chapter on Health and Safety Capabilities, SWA says:
“In a decade many existing workplace hazards will still be present and new ones will have appeared. It is particularly important that education and training enable those who provide professional or practical advice to competently deal with old and new hazards. Those who provide advice need to know when to refer the matter to others with appropriate expertise.” (page 12)
There is no mention of certification in the SWA strategy but the SWA is sympathetic to certification. More…
One of the most ignored, but important, elements of occupational health and safety (OHS) management is the business case. Work on this issue is being completed in Australia by Safe Work Australia but the European Agency for Safety and Health at Work (EU-OSHA) has beaten it to the punch by releasing “The business case for safety and health at work: Cost-benefit analyses of interventions in small and medium-sized enterprises“. This document includes new case studies that provide detailed analysis of cost and return on investment from interventions as varied as a vacuum lifter for pavers to warm-up exercises and task assessments of domestic builders by qualified physiotherapists.
The report found that:
- “Wide-ranging interventions appear to be more profitable than interventions targeting a particular
issue related to the sector of the enterprise.
- Interventions that mainly concern training and organisational change appear to be more profitable than interventions based on technical changes (such as introducing new equipment).
- Interventions that include direct worker (participatory) involvement appear to be more profitable, regardless of whether or not increased productivity benefits are taken into account in the
- In most cases, the enterprises managed to estimate benefits related to increased productivity. It
should be emphasised that increased productivity does not always come as a result of improved
safety and health, but it is taken into account in the context of a business case.” (page 10)
Australia’s Prime Minister Tony Abbott provided his interim response to the Royal Commission into the Home Insulation Program (HIP) in Parliament on 30 September, 2014. One should not expect much sustainable or cultural change from an interim response but Abbott’s responses hold some promise.
The commitments include:
“…[asking] Minister Hunt [Environment] to assume responsibility to oversee the Commonwealth response and to coordinate actions across departments and ministers.”
“…[asking] the Minister for Employment to examine these [OHS] findings, particularly as they relate to the reliance of the Commonwealth on state and territory laws, and his work will inform the government’s final response.”
“Minister Hunt and the Minister for Finance have been asked to recommend options to compensate their next of kin [of the deceased workers]”
The annual Safe Work Australia month starts today. The promotion of this month has fluctuated wildly over the last decade. Sometimes there are physical launches with interesting speakers, sometimes balloons and merchandise, other times the national OHS authority has left most of the activity to the States. In 2014, Safe Work Australia has jumped into internet videos, online presentations and webinars each day of the month of October (the full schedule is available HERE). This initiative is to be supported but it has not been tried before in Australia and its success is not guaranteed.
As expected the first couple of videos are polite launches of the strategy with statements from Ministers and CEOs. The potential for valuable content is after the initial launch but this value is debatable. It is unclear who the target audience is. If the seminar series is for OHS newbies, a restatement of legislative OHS obligations is of little interest to experienced safety managers and professionals. More…
Next month Australia hosts the G20 but there is always a lot of activity leading to this meeting and labour relations is part of that preparation. In September 2014 the G20 conducted its Labour and Employment Ministerial meeting at which a Declaration was released that includes some occupational health and safety (OHS) information. The Declaration is full of “weasel words” and “soft verbs” but it is worth noting so that the actions of governments on OHS in the future can be referenced, even though tangible results will be few.
On promoting safer workplaces, the Declaration states:
“Improving workplace safety and health is an urgent priority that protects workers and contributes to increased productivity and growth. We agree to take further steps to reduce the substantial human and economic costs associated with unsafe workplaces and work-related illnesses. We endorse the attached G20 Statement on Safer and Healthier Workplaces (Annex C), and we commit, as appropriate, to implement its recommendations in collaboration with governments, international organisations and social partners.”
If we were to deconstruct this statement, accepting that the paragraph is extracted from the labour relations context, the Australian Government, and other parties, does not accept that OHS is an “urgent priority”, only that improving it is. Any government can prove that it is “improving” OHS even when controls are removed due to red tape reduction or by the ideological strategy of increasing employer control through increased flexibility. More…
Little of the recent commentary on the findings of the Royal Commission into the Home Insulation Program (HIP) have mentioned the opinion of the Royal Commissioner Ian Hanger that the Australian Government acted in a “grossly negligent” manner. Such a comment deserves considerable analysis by a specialist lawyer but it remains a remarkable criticism in terms of obligations under OHS/WHS laws.
Commissioner Hanger wrote:
“To encourage inexperienced young people to work in an environment where there was a risk of defective electrical wiring, and allow them to install conductive material was, in my opinion, grossly negligent. It is no answer for the Australian Government to say that it was the responsibility of those young people’s employers to protect them.” (para 5.2.20, emphasis added)
Gross negligence has been equated to the term “reckless endangerment” included in Australia’s Work Health and Safety laws. One legal website site says that:
“Reckless endangerment is the offense of engaging in activity that has a disregard for risks with foreseeably dangerous consequences.”
Commissioner Hanger’s comments certainly seem to fit reckless endangerment as the risks, not only of electrocution but simply from working in domestic roof spaces, were well known.
SafetyAtWorkBlog has written previously about the evidence of Margaret Coaldrake to the Royal Commission into the Home Insulation Program (HIP) given at the public hearings and also the occupational health and safety role of risk management and risk registers. The release of the Royal Commission’s final report on 1 September 2014 provides further details on a risk management process that is common to all large projects.
Commissioner Ian Hanger spent considerable time on the issue of the risk register as this was one of the crucial elements in the project’s whole decision-making process up to Ministerial level.
Commissioner Hanger was scathing of the risk management process that not only ignored the risk of worker fatalities but purposely dropped this risk from the register. He was unforgiving in his criticism of Margaret Coaldrake. He criticised her judgement. In working with her Minter Ellison colleague Eric Chalmers:
“it was up to [Coaldrake] to make sure that she and the people working with her were qualified to provide the service that Minter Ellison consultants had been retained to do.” (para 7.11.15)
In Sydney this afternoon a workplace safety trade show held a fascinating (and free) panel discussion on safety in construction. The topic of Safe Work Method Statements (SWMS) was raised, as expected, but the comments were sound – SWMS are only required for specific high-risk activities so make them simple enough to satisfy legislative requirements AND have workers work safely.
One participant asked about obtaining a SWMS template for an activity that was not necessarily high-risk. She was advised to forget about the template and instead approach one of her trustworthy subcontractors and have that contractor step her through the work process to be undertaken and the associated risks. Then she should write a SWMS based on that information. In this way she has consulted on a safety issue, talked with a subject matter expert and developed a SWMS tailored to the workplace needs. In other words, she would have done everything that was reasonably practicable to achieve a safe and healthy work environment.
One of the other issues raised was the need to train people on the use of the risk matrix on which many SWMS are based, and that is embedded in Australian OHS Standards. The audience was advised to ignore the risk matrix as most of the workers do not understand it. It was also mentioned that many OHS/WHS regulators see it as overly complex. The audience was, instead, encouraged to based the SWMS on the Hierarchy of Control (HoC).
It was argued that workers understand the linear decision-making of the HoC more easily and that they are well aware of the consequences of failure or an unsafe act. They do not need to see a risk-rating to accept the risk of an amputation or a fall from heights or a trench collapse.
The trade show seminar had an audience of over one hundred but each one of them received the best advice from the panel of legal and industry experts available. That this cost each participant nothing but their time may indicate why safety conferences, at least in Australia, are struggling for relevance.