Master guide or handbook 3

In 2012, SafetyAtWorkBlog reviewed the first edition of the Australian Master Work Health and Safety Guide. CCH Wolters Kluwer has released its second edition and, sadly, it repeats many of the criticisms in the 2012 review.

The title of Australian Master Work Health and Safety Guide (2nd ed) seems inaccurate if one considers a book with “master ” in its title to be a “masterwork”. This is not a masterwork and the publishers have emphasised to SafetyAtWorkBlog that the book was never intended to be.  The book is intended to be a brief outline of the most important contemporary occupational health and safety (OHS) issues in Australia and to provide practical advice, checklists and templates.  In fact, the word that should be focussed on in the title is “guide”.

The publishers advised that “master” is in the title to indicate it is part of its “Master Series“, a “brilliant” series described as

“Australia’s premium range of professional books, widely accepted as the leaders in their fields.”

SafetyAtWorkBlog looked at a couple of chapters to assess the quality of the content.  As workplace bullying is such a contentious issue. the Bullying and Violence chapter was a focus. There were a surprising number of omissions in this chapter. More…

Abolition of Construction Code is a return to the past on OHS 2

The new Andrews Government in Victoria has followed through on its election pledge to abolish the Construction Compliance Code Unit (CCCU) of the Department of Treasury and Finance. It announced this in a peculiar manner within a media release on whooping cough, a process that Senator Abetz went to town on. But Premier Andrews’ decision raises the question of, if the Code is gone, what replaces it? The simply answer is nothing.

A spokesperson for the Premier advised SafetyAtWorkBlog that

“The Andrews Labor Government has delivered on its election commitment to scrap the Victorian Code of Practice for the Building and Construction Industry and its monitoring body the Construction Code Compliance Unit (CCCU).

Contractors bidding for Victorian Government work and applying for pre-qualification on construction registers will still need to meet safety and industrial relations management criteria. Contractors must also have occupational health and safety policies and procedures to meet legislative and regulatory requirements.”

More…

Research project opportunity 2

SafetyAtWorkBlog believes that the following research project may be of interest to readers.

Underhill graphicA 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.

Impairment argument fails to convince Fair Work Commission over unfair dismissal 16

On 16 January 2015 the Australian newspaper (paywall) reported on a Fair Work Commission (FWC) decision involving an unfair dismissal claim by a worker who, as a result of a random drug test, was found to have methylamphetamine in her system “at levels four times above the minimum detection level”.  The company, Downer EDI Mining, sacked the worker, Leah Cunningham, as she presented a hazard to her work colleagues. The newspaper article was called “CFMEU slammed for drugs defence” and the FWC decision is Tara Leah Cunningham v Downer EDI Mining Pty Limited (U2014/1457) (14 January 2015).

The Australian, a newspaper with no love for the trade union movement and the CFMEU in particular, focussed on the apparent absurdity of a trade union, that places such a high priority on workplace safety,  contesting the dismissal of a worker who presented a hazard to herself and others at work.  The newspaper quotes Commissioner Ian Cambridge:

““It was highly regrettable to observe during the hearing that an organisation, which apparently conducts campaigns which strongly advocate safety in the workplace, could contemplate a proposition which, in effect, would countenance a person driving a 580-tonne truck whilst having methylamphetamine in their body at a level four times the reportable cut-off figure,” he said in his decision this week.

“Any realistic and responsible pursuit of the case on behalf of the applicant should have been confined to the development of evidentiary support for the applicant’s explanation for the presence of the methylamphetamine. Indeed, much greater energy and focus should have been devoted to such an evidentiary position rather than any attempt to defend the indefensible.”

More…

Sniping in social media raises issues about hydration 9

A spat has recently emerged on one of the safety discussion forums in Linkedin.  The catalyst was a statement that

The source of this data, not disclosed at the time of the original post, was a company that sells

“…a great tasting, scientifically proven mix of cutting-edge branch chain amino acids and low Gi carbohydrates for sustained energy release, combined with a formulated blend of electrolytes for optimum hydration in harsh Australian conditions”.

The discussion quickly refocused from the original safety concern to one of unreliability of statements; sadly the discussion also became personal and abusive. but the discussion raised two discussion points:

  • The reliability of statements on the internet, and
  • the issue of hydration and work performance.

More…

Australia’s OHS Body of Knowledge project grows 1

The recent launch of several new chapters of the OHS Body of Knowledge (OHSBoK), associated with the Safety Institute of Australia, did not allow for questions from the audience but I was able to catch up with the coordinator of the project, Pam Pryor, and put my questions directly.  (My thanks go to Pam for her honesty and time.)

One of the intentions of the OSHBoK has been to maintain currency and relevance. Was there a plan to review and revise the existing chapters?  Pryor advised that there is a seven-year review schedule for all chapters.  Some chapters may need reviewing earlier, particularly if there are references to specific legislation and that legislation has changed.

Is there a plan to establish an index or to improve searchability?

More…

What if “reasonably practicable” was applied to a disease outbreak? 4

There seems to be an increasing trend for the principles of occupational health and safety (OHS) to be applied to matters outside the workplace.  OHS principles were created to reflect the values of society in the 1970s and 80s and, although the laws have changed to reflect economic needs, the principles remain basically the same.  A major legal change has been the move away from preventing harm “at the source” to one of reasonable practicability and this can reduce the overall level of safety available to workers and others.

It is interesting to note that statements on the current Ebola outbreak argue the sense in dealing with the outbreak “at the source”.  Why do we accept a reasonably practicable control measure for harm at work but expect a stronger preventative measure for public health threats?  Shouldn’t we be aiming to reduce all harm “at the source” regardless of the type of harm? More…

Lack of progress on Safe Work Method Statements shows immaturity 15

On 27 October 2014 the Safety Institute of Australia, with the support of RMIT University conducted a seminar on safety in the construction industry.  As with the event last year the issue of Safe Work Method Statements (SWMS) dominated the conversation.  The same frustrations were expressed as last year – SWMS are too big and complex, they are demanded for tasks they are not legislatively required for, they are rarely read, they are rarely reviewed and they are written only in English.  What was missing was an indication of  who is (over)demanding SWMS and why.

The seminar contained one client representative experienced in major construction projects who said that he was not directly involved with SWMS as the contract demands only that work is undertaken safely with predetermined levels of risk and reward.  That level of safety may or may not involve the use of SWMS – SWMS were not prescribed.  

He did not review SWMS unless there was a specific reason and most of the time there was not.  It could be argued that too much involvement by the client in how the project is to be completed implies a shared OHS responsibility with the client, changing the client/contractor relationship.

One construction industry representative said that they have been able to reduce the number of SWMS to around twenty types for each of the active construction projects.  This has been achieved by limiting the SWMS to the 19 high risk tasks identified in safety legislation.  It was significant that this perspective came from the top-level of construction companies, the Tier Ones. More…

Whitlam’s dismissal diverted workers compensation reform 6

In October 2014, one of Australia’s Prime Ministers, Gough Whitlam, died at the age of 98.  Whitlam introduced major social reforms, many which still exist today (just).  One reform he valued but was not able to achieve was a national accident compensation scheme. It is worth noting when reading of the current economic and moral arguments over workplace responsibility and over-regulation that Whitlam’s national accident compensation scheme included workers compensation.

In 1974, during Whitlam’s time as the Prime Minister of Australia, the New Zealand government established a no-fault accident compensation scheme following the 1967 Royal Commission of Inquiry into Compensation for Personal Injury in New Zealand chaired by Owen Woodhouse.  Woodhouse was invited to assess the likelihood of a similar scheme being introduced in Australia.  He completed his inquiry (not available online) for such a scheme and legislation was drafted. The bill was in the Australian Parliament when the Whitlam government was dismissed by Governor-General John Kerr.  As a result of the political machinations of the Liberal Party of Australia, Australia missed the opportunity to have a national accident compensation scheme. More…

When developing a mental health/wellbeing plan, suicide should not be forgotten 1

Cover of MIC-Report-October-2014In developing harm reduction and prevention strategies, the occupational health and safety (OHS) profession likes to look at worst case scenarios on the understanding that dealing with an extreme event introduces mechanisms that deal with lesser events.  Partly this is a legacy of Bird’s Pyramid.  During this current month of attention on workplace mental health, the issue of work-related suicide is unavoidable as a worst case scenario for depression and mental ill-health.  There are several new pieces of data on work-related suicides that OHS professionals need to consider as part of their own professional development and to increase their organisational and operational relevance.

Mates In Construction

In October 2014, the Mates In Construction (MIC) program released a report on “The economic cost of suicide and suicide behaviour in the NSW construction industry and the impact of MATES in Construction suicide“. Below is a summary of some of its findings, in Australian Dollars:

“The average age of each suicide fatality among construction industry workers was 36.8 years and 37.7 years in QLD [Queensland] and NSW [New South Wales], respectively.”

“The average cost of a self-harm attempt resulting in a short-term absence from work is estimated at $925 in 2010 dollars.”

“Each self-harm attempt resulting in full incapacity is estimated at $2.78 million; and, each suicide attempt resulting in a fatality is estimated at $2.14 million”

“The key cost driver for full incapacity and a fatality is lost income, equivalent to 27.3 years productive years”

“Across all categories, the burden of cost associated with self-harm and suicide is borne largely by the government: 97% or $4.80 million of the total combined cost of $4.92 million.” (all in page 3)

More…