Lack of progress on Safe Work Method Statements shows immaturity 4

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…

Shadow IR Minister addresses trade union OHS conference 4

O'Connor photoAs part of Safe Work Australia month, or perhaps coincidentally, the Australian Council of Trade Unions held its annual occupational health and safety (OHS) conference in Melbourne, Australia.  On the morning of day 2, the conference heard from the Shadow Minister for Employment Relations, Brendan O’Connor.  The Minister is from the Australian Labor Party (ALP) and had a sympathetic audience but he made several interesting points, particularly when he diverged from the scripted speech (which will be available online shortly) and when he took questions.

Royal Commission into the Home Insulation Program 

O’Connor supports the ALP position that the Home Insulation Program (HIP) Royal Commission was a purely political affair to target previous ALP government ministers.  He emphasised that the Royal Commission was the last in a long line of inquiries into worker deaths and OHS prosecutions related to the HIP program and that this inquiry has achieved very little change.  O’Connor said (ad libbed)

“…. that Royal Commission has not recommended any changes to the regulations or obligations on employers to do the right thing at the workplace. It’s almost worse than doing nothing, than to use the health and safety of the workers as a political weapon against your political opponent. That’s how dismissive this government is with respect to health and safety.

Let’s set up a Royal Commission. Let’s summons a former Labor Prime Minister and other Ministers but, of course, all of which we could accept and we supported the establishment of the Royal Commission if that’s what they chose to do, with one caveat – that was, go ahead with the eleventh inquiry into these tragic deaths but make sure that when there are findings about the deficiencies in the law that protects the interests of working people, particularly young workers, do something about it.

Well we’ve seen nothing. We’ll see nothing in terms of changing the law by this government because that was purely a political exercise. To me this underlines how cynical this government is when it comes to health and safety. It only saw it as a political exercise and, I’m afraid to say, you won’t see too many good policy changes as a result of that Commission.”

More…

When safety equipment fails to be safe, nobody’s watching 38

Twelve months ago, some Australia media, including this blog, began reporting on safety concerns raised by the Working At Heights Association (WAHA) about the reliability and suitability of anchor points.  Australia is currently in the middle of Safe Work Australia Month and there seems to have been little progress on the issue.  A reader of SafetyAtWorkBlog provided the following summary and update of the situation:

Who checks the true safety of equipment designed to save the lives of Australian workers? Nobody in particular, it seems.

Last September, the Working At Heights Association, an industry body staffed by volunteers, revealed many of the most commonly-used roof anchors failed to meet basic safety standards. Almost a year later, the association is still battling to see rooftops made safe, despite repeated appeals for action from the OHS regulators and the absence of the Australian Competition and Consumer Commission (ACCC).

 An estimated 800,000 Australians work at height and routinely clip their harnesses onto safety anchors. A worker falls to his or her death every 12 days and WAHA chairman Michael Biddle said authorities should be concerned. Biddle told Industry Update magazine

“It’s the third highest cause of death in the workplace after motor vehicle accidents and being hit by moving objects. In most cases, regulators are more concerned in taking a reactive approach after an accident has happened.  There is a great need for an enhanced level of enforcement.   If we had an increase in penalties and stronger enforcement of standards I’m sure we would see a higher level of compliance by industry.”

More…

Australian PM responds to Insulation Royal Commission 4

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]“

More…

Dangerous personalities making work unsafe – really? 16

Pages from dangerous-personalities-making-work-unsafe-1Australian recruiting firm, Sacs Consulting, has released the findings of a survey entitled “Dangerous Personalities making work unsafe“.  Such surveys are predominantly marketing exercises and usually, as in this case, there is a limited amount of data available but the results are often broadly distributed and add to the discussion about workplace safety.

The headline itself is a red flag to occupational health and safety (OHS) professionals who are old enough to remember the debate about “blaming the worker” for OHS breaches, injuries and illnesses.  Most safety managers and corporate safety programs are applying a “no blame” philosophy to combat the worker focus but the reality is that workers are still being blamed and being dismissed for safety breaches.  The Sacs Consulting survey confirms the growing worker focus by looking at the personal rather than the organisational.

The Sacs study found:

“…that some people still ignore OHS rules and act unsafely in the workplace, whereas others value their own safety and that of their colleagues so actively that they try to improve the safety of their workplace. Using personality and values testing, the study was able to predict whether an individual is more or less
likely to be safe at work.” (page 1) More…

HIP Royal Commission – Gross Negligence and Accountability Reply

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.

More…

HIP Royal Commission – Leadership and Culture 2

The findings of the Royal Commission into the Home Insulation Program (HIP) deserve a great deal of analysis by the safety profession. Amongst the lessons are important ones concerning leadership, culture and consultation.

The final report identifies major deficiencies in the design and administration of a major project regardless of the politics and jurisdictional argy-bargy.  Although many are disappointed the report did not identify any big name politicians as the major evildoer, Commissioner Ian Hanger is brutally forthright when necessary.

In the introduction of the report, there are several references to what a “competent administration” would have done, clearly implying that the government of then Prime Minister, Kevin Rudd, was incompetent in the management of HIP. In fact Hanger writes:

“It ought also to have been obvious to any competent administration that the injection of a large amount of money into an industry that was largely ‘unregulated’ would carry with it the risk of rorting and other unscrupulous behaviour.” (para 1.1.19)

“It ought to have been obvious, to any competent administration, that such an exponential increase in work to be undertaken would require a similarly huge increase in the workforce to do it.” (1.1.9)

“The reality is that the Australian Government conceived of, devised, designed and implemented a program that enabled very large numbers of inexperienced workers—often engaged by unscrupulous and avaricious employers or head contractors, who were themselves inexperienced in insulation installation—to undertake potentially dangerous work. It should have done more to protect them.” (1.11.18)

More…

HIP Royal Commission – Risk Registers Reply

Cover of ReportoftheRoyalCommissionintotheHomeInsulationProgramSafetyAtWorkBlog 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.

Risk Register

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)

More…

Have Moot Courts had their day for OHS purposes? 4

Ha01-035The purpose of OHS Moot Courts is to provide a taste of the Court experience in the context of a prosecution for occupational health and safety (OHS). Moot Courts and Mock Trials [for the purposes of this article the concepts are interchangeable] have specific meanings in law schools and overseas but in Australia there is an increasing trend to tweak the moot/mock format to motivate OHS change by showing the consequences of an OHS breach and resultant prosecution. This application of the concept still needs refining both in structure and purpose but may have had its time.

SafetyAtWorkBlog has attended around half a dozen such events since a cold rainy night at Monash University law faculty over 30 years ago.  That Moot Court, conducted by the Australian Human Resources Institute, had a genuine sense of occasion and fear. Prosecutors went in hard as is the potential for any court case.  A more recent OHS Moot Court was almost jovial and failed to communicate the import of the court process and, therefore, the significance of the potential consequences of the court’s decision. More…