A rough ride on OHS 2

Since I heard about the Gaia hypothesis in the 1980s, I have read most of James Lovelock‘s books.  I was confronted by his argument that nuclear power is undervalued as one of the cleanest and sustainable sources of power, as I have grown up listening to anti-nuclear activists like Helen Caldicott and being frightened by films like Fail Safe and Threads.  I am not sure I agree with Lovelock but I respect him.  In his latest book, though, he makes a couple of negative references to occupational health and safety (OHS) that are cheap shots, unfair or disappointing.

Lovelock says, on page 2 of “A Rough Ride to the Future” that the chemical industry is “now mainly run by an intelligent and usually responsible technocracy” but that

“…we may be hampered in our attempts to solve the large problems [of pollution] by the absurdly zealous application of health and safety laws.” (emphasis added)

In discussing oxygen levels in the atmosphere and how its regulation is so important, Lovelock says, in parentheses,

“We are fortunate there is no inbuilt health and safety system in Gaia, otherwise the dangers of fires would have led to the banning of its production.” (page 13)

This comment, moreso than the former, shows Lovelock misunderstands OHS regulation and application.  Earlier in the book he praises the banning of chlorofluorocarbons on climatic reasons and then, absurdly, implies that OHS would advocate the banning of oxygen. It’s a cheap shot.  OHS is about trying to eliminate the risk of harm and by investigating the source of the hazard, usually through the scientific method.  More…

Disseminating OHS information should not be optional 4

Cover of VWA publishing_prosecution_outcomes 2005WorkSafe Victoria has been reviewing a series of enforcement and prosecution policies for some time.  One of these policies set for re-issue relates specifically to the publication of prosecutorial information through its website and media releases and, although the “new” policy is not yet available, it may be worth remembering the previous policy, last revised in 2005.

Media Releases

WorkSafe Victoria’s “Supplementary Enforcement and Prosecution Policy on Publishing Prosecution Outcomes and Other Enforcement Information and Data” (no longer available on-line) says  that

“WorkSafe will release media statements and authorised representatives will grant media interviews, as appropriate, to the print, electronic, and/or broadcast media.” (original emphasis)

The reason behind this mode of dissemination, and others, is outlined elsewhere in the policy: More…

The CFMEU should make a case for union OHS representatives 2

In late March 2014, the Construction Forestry Mining and Energy Union (CFMEU) was fined $A1.25 million over a violent dispute at the Emporium construction site that occurred in 2012.  In its media release about the fine, the CFMEU’s state secretary, John Setka, says:

“The protest at the Myer site in 2012 was about safety.”

Yes and no.  The dispute was about the representation of workers on safety matters, which is a different thing.  Setka goes on:

“Building workers need someone on site who genuinely represents their interests, and that doesn’t happen when that person is hand-picked by the boss.”

The core issue in this dispute seems to be that the CFMEU will not accept the Health and Safety Representatives (HSR) chosen by the workforce at the Emporium site, which is being built by Grocon P/L.  The CFMEU has its own HSRs that it believes will better represent the workforce on OHS matters.

The dispute represents an ideological dispute that seems more about unionism and industrial relations than about safety, but worker safety may still be the lose.

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Lessons from Royal Commission into Home Insulation Program – Part 1 Reply

Australia’s Royal Commission into the Home Insulation Program (HIP) demands the attention of all occupational health and safety (OHS) professionals, primarily, because a job creation and economic stimulus program was so poorly planned at the highest level of government, that it seems to have established a culture that led to workplace deaths.  However the Royal Commission is already revealing information that shows how OHS is misunderstood by decision-makers, a situation that still persists in many jurisdictions and will only change by watching the Royal Commission carefully and analysing this information through the perspective of workplace safety.

SafetyAtWorkBlog has been following the OHS issues of the HIP since the program commenced and will be providing a series of articles over coming months based on information coming from the Royal Commission.  This is the first of them and provides background to how the Royal Commission came to be and the major OHS issues being addressed.

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Important OHS titbits in latest Productivity Commission report Reply

Cover of infrastructure-draft-volume1Productivity and regulation is the rationale behind most of the workplace policies of the current Australian Government.  Occupational health and safety (OHS) has a role to play in both of these economic and social elements but it rarely gets considered in a positive light.  This is partly an ideological position of the conservative politicians but is also due to a lack of economic argument in favour of OHS and an inability, or an unwillingness, to identify essential regulations.

This week Australia’s Productivity Commission (PC) released a draft paper into the costs of public infrastructure projects that includes some telling OHS information even though most of the media has focused on the political angle or on the taxing of cars?!

A brief review of the draft report reveals OHS dotted throughout both volumes of the report and early on there is some support for Safety in Design in the tender development stage.   More…

Coroner calls for fresh approach to OHS in small business 3

Ever since the UK Government reduced the occupational health and safety (OHS) obligations on small business, there have been concerns that a similar strategy could occur in Australia.  Of all the States in Australia, Victoria is the most likely to mirror the UK actions, particularly as its WorkSafe organisation continues with its restructuring and (ridiculous) rebranding, and Victoria’s conservative government continues to see OHS as a red tape issue for small business.  However a recent finding by the Queensland Coroner should be considered very seriously when thinking of OHS in small business.

In 2011 Adam Douglas Forster

” … came close to the rotating ball mill, then accidently (sic) became ensnared by the protruding bolts and was dragged underneath the ball mill which continued to rotate, thereby causing his fatal injuries.”

The inquest found

“There were no guards, barriers or other apparatus restricting access by any persons to the ball mill.” and

Forster “did not know how to turn the ball mill on or off”. More…

One man’s frustration with OHS illustrates larger safety dysfunctions 2

Terry Reis has written a terrific article about how occupational health and safety (OHS) requirements can impede his work as a fauna ecologist.  Instead of whingeing about green or red tape, Terry has provided examples of the annoyance which allows me to build an article in response.  This article is in no way a rebuttal as I agree with most of Terry’s grievances, but there can be reasons behind some of the grievances that are likely to be unrelated to OHS or illustrate poor OHS decisions.

Some of the issues Terry raises include:

  • Inductions
  • PPE
  • Working Alone
  • OHS arguments
  • Drug and Alcohol Testing
  • Permits

Inductions

Terry mentions the irrelevance of many OHS inductions and his article seems to indicate a dysfunctional induction program.  The intention of inductions is to outline the safety rules of a workplace or task but most are boring, condescending or include information that is unrelated to the task. The reality of many inductions is that they are a mechanism to have workers sign up and indicate they have understood all of their safety obligations on a site so that there is a clearer line of responsibility in the event of an incident.   More…

Parliamentary inquiry discusses OHS but no one noticed 1

Australia’s politicians, trade unionists, businesses and media are gearing up for a tumultuous year in industrial relations with the controversial establishment of a Royal Commission into trade union corruption.  This royal commission is broad-ranging but targets the construction unions, particularly the Construction Forestry Mining and Energy Union (CFMEU) and thus the construction unions’ conduct with regard to allegedly using occupational health and safe as a cover or excuse for industrial action. This royal commission has a strong element of party politics and ideologies and has overshadowed other action in the Australian Parliament where OHS is being discussed.

On 6 February 2014 the Education and Employment References Committee of the Australian Senate continued its inquiry into the Government’s approach to re-establishing the Australian Building and Construction Commission (ABCC) through the Building and Construction Industry (Improving Productivity) Bill 2013.  One of the terms of reference for this inquiry is

“whether the provisions of the bills relating to occupational health and safety in the building and construction industry are adequate to protect the health and safety of employees and contractors in the industry”.

On February 6 the inquiry had some heated discussion on OHS and the construction industry that deserves a closer look. More…

Construction association sees red tape instead of safety 2

Further to yesterday’s article about the Model Health and Safety Management Plan (MHSMP) being required by the Construction Compliance Code Unit (CCCU) in the Victorian Government, SafetyAtWorkBlog was provided with a copy of the submission of the Victorian Construction Safety Alliance* (VCSA).  Tony Marino, the Chair of the VCSA, has granted permission for the covering letter to be quoted.

The covering letter to the submission made four major points:

  • “Overall the requirements of the Model Health and Safety Management Plan (MHSMP) and Implementation Guidelines are excessive and require significant amount of reporting duplication, i.e. red­ tape. VCSA was of the opinion government agencies wanted to reduce red-tape.
  • VCSA Suggest the CCCU has a MOU with other relevant agencies to receive safety data produced and sought by the Implementation Guidelines. More…

Opaque response on construction industry safety code 1

Model-Health-and-Safety-Management-Plan (2)Victoria’s Construction Compliance Code Unit in the Department of Treasury and Finance has just completed its public comments stage for its model Health and Safety Management Plan (HSMP).  The comments period was extended by a month after initially ending after only one month‘s public consultation on 6 January 2014.  New South Wales and Queensland have mirrored the Victorian construction compliance code so the significance of this OHS submission stage should not be underestimated however the submission process and unusual secrecy is not building the faith and trust in the HSMP that the process needs for it to succeed.

The regular process for submissions to government inquires is for those submissions to be made publicly available, with the permission of the writer.  The CCCU seems to have no plans to follow this protocol which is an enormous shame as the submissions would have provided a window into both the understanding of OHS in the Victorian construction sector, an understanding of the OHS role of the CCCU and an insight into how the CCCU is generally perceived by the Victorian community.

SafetyAtWorkBlog put the following (we think reasonable) questions to the CCCU last week in preparation for the end of the commentary phase:

  • Could you please estimate the number of submissions the CCU has received on the model Health and Safety Management Plan (HSMP) to date? More…