Filed under hazards

The social context of OHS laws is being poorly handled

Australian lawyer Michael Tooma is mentioned regularly in the SafetyAtWorkBlog, mostly because Tooma is one of the few who consider workplace safety in the broader social context.  In The Australian newspaper on 10 February 2012 Tooma wrote that new work health and safety laws being introduced in Australia present

“…a march … into the traditional heartland of the public safety, product safety and professional liability territory, and it brings with it a criminalisation of what was once an exclusively civil liability domain.  The new laws did not invent this trend, they just perfected it.”

Right-wing commentators would jump on this and declare “nanny state” but it is vitally important to note that this trend of “protectionism”, or the “compensation culture” as described in the United Kingdom, did not originate in occupational health and safety (OHS) laws.  The OHS profession, business operators and workers will need to learn to accommodate and manage this social trend that has been imposed.

Tooma writes that “

“…we have not had a proper debate about the incursion of the laws into nontraditional areas and its impact on the resources of firms, regulators and ultimately work safety standards.”

The debate may already be over. Continue reading

New research on quad bike safety remains academic in a climate of uncertain OHS reform

Dr Tony Lower of the Australian Centre for Agricultural Health & Safety (AgHealth) has released a farm safety research report of curiosity more than influence.  The report, Farm Related Injuries Reported in the Australian Print Media 2011, makes use of the media monitoring services that the centre has been using for over five years.  The accompanying media release, not yet available online, summarises some basic findings:

“According to the report released by the Centre today, the 2011 information illustrates a 60% drop in the number of on‐farm injury deaths when compared to the early 1990’s, where the average number of deaths was 146 per year. “This reduction over the past 20 years is fantastic news, however by our estimates, many more deaths can be prevented by adopting solutions which we know from the evidence work” said Dr Lower.

The study results show that quad bikes (18) were the leading cause and made up 31% of all deaths.

Meanwhile tractors (10) were responsible for 17% of incidents. Tragically, seven of the fatal cases (11%) involved children aged 15yrs and under, with quad bikes (3) and drowning (2) being most frequently involved.”

An understandable limitation of the report is the fact that the social influence of print media is much less than in previous decades and that the report misses multimedia and the new medias.  This is one of those research reports than can genuinely suggest additional research to increase the relevance of the findings.   Continue reading

Tread carefully when speaking with the media

One of the most important professional lessons is to only talk about what you know.  I found this out personally after a disastrous pre-conference workshop many years ago where I did not understand what the workshop participants expected until I began seeing blank and quizzical expressions from the, thankfully, small audience.

On Australian radio on 14 December 2011, a geologist became embroiled in an interview on asbestos and cancer.

Ian Plimer is a well-known Australian geologist and is a professor of mining geology at the University of Adelaide.  Plimer is a controversial and outspoken critic of climate change.  The climate change debate is a fringe consideration in occupational health and safety but today,  Professor Plimer entered the debate on asbestos, a carcinogen that is responsible for hundreds and thousands of work and non-work related deaths.

On ABC Radio, prominent Australian journalist and writer on asbestos industry issues, Matt Peacock, took Ian Plimer to task about Plimer’s 2008 claim that chrysotile, or white asbestos, is not carcinogenic.   Continue reading

New OHS laws could change the management of quad bikes

Dr Tony Lower has written an opinion piece in the December 2011 edition of the Medical Journal of Australia (not available without a subscription however a related media release is) about farm safety.  One statistic he quotes says:

“In tractors, rollover fatalities have decreased by 60% after the introduction of regulations requiring compulsory rollover protection structures.”

The very successful introduction of rollover protection structures (ROPS) in Australia was given a major boost by OHS regulators offering substantial rebates for the fitting of ROPS on top of the regulatory requirements.  A safety “spoonful of sugar” as it were. Continue reading

Inadequate risk assessment results in an injured worker and $99k fine

There is increasing attention being given to the preparation of Safe Work Method Statements (SWMS) in Australian OHS laws.  Amongst many purposes, SWMS should provide a basic risk assessment of tasks being undertaken, usually, that day.  Often SWMS are too generic by being prepared days or weeks earlier, often SWMS miss the big risks by looking at the small risks.  A New South Wales Workcover news release on 9 December 2011 indicates the potential inadequacy of risk assessment.

The media statement reports on a $A99,000 fine against Bulk Maritime Terminals Pty Limited (BMT).

“On 17 September 2008 two employees were unloading 25 to 30 bulk bags of clay powder into a tanker truck for transportation. Each bag weighed approximately 900kgs.

One employee was using an overhead gantry crane to lift each bag from the floor of the warehouse to the height of the tanker. The second employee was harnessed to the top of the tanker truck to open the spout on the bag.

After being lifted off the ground, one of the bags fell off the crane hook, knocking the operator of the crane to the ground. Continue reading

Quad bike manufacturers withdraw from the safety campaign

The Weekly Times newspaper can feel justifiably chuffed that it has played a significant role in changing some of the attitudes on the safe operation of quad bikes.

It’s front page article on 23 November 2011 reports on a considerable backdown by quad bike manufacturers in Australia on the issue of rollover protection structures (ROPS) or crush protection devices (CPDs). (The cartoon is very funny also) Motorcycle manufacturers have been supporting a campaign and website through the Federal Chamber of Automotive Industries (FCAI) but even recent media releases (FCAI MOVES TO DE-BUNK ATV ROLL-OVER PROTECTION MYTHS )  have been removed from the FCAI website  and the FCAI spokesperson has been “directed by ATV makers not to discuss the issue” according to the Weekly Times.  FCAI’s 2010 position paper on quad bike safety continues to be accessible.

New CEO

SafetyAtWorkBlog has been told that there is industry speculation that the sudden change in policy direction is due to the September 2011 appointment of a new CEO, Ian Chalmers. Continue reading

Workplace Bullying is a significant challenge even if the reality is smaller than expected

An article in the Weekend Australian newspaper and magazine (not available fully online) provides some statistics that raise serious questions about the level of bullying in workplaces in Australia, with particular focus on Victoria.  Of the 2,080 complaints lodged with WorkSafe Victoria in 2010-11

“only eight were deemed serious enough to warrant possible prosecution.”

Yet the OHS regulator received 7,050 inquiries about bullying.  There is clearly a problem in Victorian workplaces but it is not always bullying, as defined under OHS law.  Something else is happening and it has been happening for some time.

As reported previously in SafetyAtWorkBlog, the issue of workplace relationships is broader than can be handled by one regulator under one law.  There are human rights issues, mental health issues, harassment  and potential suicides – a range of social issues that should have taken the prevention of “workplace bullying” out of the workplace sometime ago.

The newspaper article, by Richard Guilliatt, draws on several significant cases of proven workplace bullying beyond the more familiar case of Brodie Panlock.  Christine Hodder’s suicide in 2005 following bullying in the New South Wales Ambulance Service generated a review of the organisation that found systemic bullying.  Sixteen year old Alex Meikle committed suicide in 2008 after many workplace “pranks” that included being set on fire. Continue reading

OHS app is attractive but may be no better than a paper system

Over the last few months I have been using my iPad to take photographs of good and bad workplace practices.  These photos are usually shown to a site or business manager after a visit so that control measures can be identified.  The advantage of an iPad is that no one has to squint at a small screen to try to see the hazard.  I have kept my eyes open for potentially useful OHS apps for the iPad.  One app recommended to me is iJSA.

iJSA, designed for the iPhone initially, is packed with features that could assist the tech-savvy OHS professional in developing Job Safety Analyses (JSA) (Job Hazard Analysis in the United States).  However any app must prove to be better, more convenient and more effective than existing measures and I am not sure that iJSA does this. Continue reading

OHS Strategy to nowhere

Throughout 2011, Safe Work Australia (SWA) has been conducting consultative workshops in the development of the next ten-year National OHS Strategy.  SafetyAtWorkBlog reported previously on the Melbourne meeting.  SWA has released their report into that Melbourne meeting.

The meeting had a set of criteria for the stakeholders to consider.  Sadly, there was no forewarning of the issues to be discussed so the workshop took some time to gain traction.  With only one day of consultation, it would have been more productive to release the agenda topics a day or two earlier.  These topics, each of which could have generated at least a half-day’s debate, are listed below

“Social/Economic/Emerging Issues in the Workforce, Business and Technology…

Hazards – Enhancing the capacity of workplaces to respond to:

  • Disease-Causing Hazards …
  • Injury-Causing Hazards …
  • Psychological Injury-Causing Hazards …

Work Health and Safety Systems – Challenges and Solutions in Safe Design and Work Systems, Skills and Training, and in Safety Leadership and Organisational Culture…..”

The report has responses to each of these topics but many of the suggestions are already known.  The lack of creativity in the suggestions is largely disappointing.  The responses to “what will success looks like in ten years” are mostly extensions of programs that are already in place or a perpetuation of the “way things are done now”.  Innovation was largely missing, perhaps due to the participants not being able to lose their own agendas.  The earlier SafetyAtWorkBlog article discussed the negative impact of the shadow of harmonisation, a term found only once in SWA’s report. Continue reading

Australia risks OHS ridicule in the media

The Sunday Herald-Sun ran an article that would not have been out-of-place in the English tabloid newspapers.  The article, “Safety regulations taking the fun out of schools”, indicates many of the confused lines of responsibility that English articles include.

In Victoria, the safety requirements of government schools are determined by the Department of Education and Early Childhood Development (DEECD).  The OHS regulator, WorkSafe, has some influence but far less that DEECD. (The only really school-related OHS document from WorkSafe Victoria was released in 2008)

The Sunday Herald-Sun article states, in some pictures not in the online version, that the Victorian Principals Association has been told of OHS regulations that require teachers to  “put on mask, surgical gloves to apply a band-aid”.  Continue reading

Follow

Get every new post delivered to your Inbox.

Join 519 other followers