OHS writing is awful too often Reply

We’ve all done it: slipped into auto-mode when putting together OH&S documentation for a punter.  Cut and paste, slam together a whole bunch of references, lots of assumptions that the reader will “get it’”. 

Cutting to the chase- April 2009 revision #2_Page_1And we’ve all probably seen one of those sets of OH&S documents for a safety management system that impresses only by its thickness.  Packed with stock phrases that make us OH&S lot feel all comfy, but leave the punter scratching their head over what the hell we are on about and what it is they are actually expected to do.

I plead guilty to having done that occasionally.  But it grates on me when I re-read something I’ve done from the past that has all those lazy characteristics that bad OH&S writing can drop into; particularly grating since I’ve becoming increasingly dismayed at the frustration punters have with OH&S and how it seems so impenetrable.

A few years ago I put together a guide on writing OH&S stuff (mostly focussing on guidance material).  I’ve altered it a bit to fit all sorts of OH&S writing but it is available for download (and free) by clicking on the image on this post.

Feel free to use it.  If you’re going to quote bits from it in your own stuff I just ask that I be acknowledged as the author.

Col Finnie
col@finiohs.com
www.finiohs.com

Charges laid on swing stage collapse Reply

SafetyAtWorkBlog reported on a scaffolding incident in Queensland in mid-2008.  Charges have now been laid but not manslaughter charges as were called for at the time by the unions.

The workers were fatally injured on 21 June 2008 when the swing stage scaffold they were using to carry out concrete patchwork on the Pegasus high-rise, then under construction at Broadbeach, failed and fell 26 levels to the ground.

According to Workplace Health and Safety Queensland

Allscaff Systems Pty Ltd, which erected the swing stage, is charged with failing to ensure the plant was erected in a way that ensured it was safe when used properly.

Ralph Michael Smith, director of Allscaff Systems Pty Ltd, is charged with failing to ensure the company complied with its obligations under the Act.

Karimbla Construction Services Pty Limited, which built the high-rise, is charged with breaching obligations as a person in control of a workplace and as project manager.

Pryme Constructions Pty Ltd, which undertook the concrete patching, is charged with breaching its obligations to ensure workplace health and safety.

SsfetyAtWorkBlog will be following this case over the next few months.

New transport fatigue commitments Reply

Also at the ACTU Congress in early June 2009, the Deputy Prime Minister, Julia Gillard, also made commitments to improves the health and safety of transport workers.  In her speech, Gillard said

And through tripartite engagement we will be reforming independent contracting and the transport industry. 
Australia’s truck drivers work hard to make a living.  But they shouldn’t have to die to make a living.  And we will be working on safe rates to prevent them from having to take that risk. 
We will work with the Transport Workers Union and responsible employers to make sure that drivers are paid for all the work they do. 
We will make sure that payment methods and rates do not require drivers to speed or work excessive hours just to make ends meet.

And through tripartite engagement we will be reforming independent contracting and the transport industry.

Australia’s truck drivers work hard to make a living.  But they shouldn’t have to die to make a living.  And we will be working on safe rates to prevent them from having to take that risk.

We will work with the Transport Workers Union and responsible employers to make sure that drivers are paid for all the work they do.

We will make sure that payment methods and rates do not require drivers to speed or work excessive hours just to make ends meet.

Tony Sheldon of the Transport Workers Union conducted a press conference shortly afterwards and the press release said:

Transport Workers Union Federal Secretary, Tony Sheldon, said it was time to put an end to the carnage on Australia’s roads where 280 people die each year from heavy-vehicle-related incidents.

“Trucks make up 2 per cent of registered vehicles on our roads but are involved in 22 per cent of fatalities,” Mr Sheldon said.

“We need to make sure owner-drivers and employees are paid for their waiting time, for increases in fuel prices and for proper maintenance on their vehicles so they are not forced to do ‘one more load’ and push the boundaries to make ends meet.”

Australia’s transport industry have been the leaders in getting fatigue on the OHS and industrial relations agenda over the last five years.  

The implication in Sheldon’s words above is that fatigue and delivery/schedule pressures are generating road fatalities of drivers and other road users.  The Deputy PM made the same link between remuneration and safety. (If any readers can point towards the evidence behind the rhetoric, it would be appreciated).

The challenge for the TWU and, to a lesser extent, the governemtn is that unions represent a minority of transport drivers and so the coverage of union rules and codes of conduct have limited effect.  That is not to say that the limited effect is not important but the Deputy PM told the ACTU Congress what it needs to do to make these OHS and IR changes a reality.  

Gillard told the congress delegates that they needed to get out into the community and start building membership, as membership is strength.  This is particularly important on those policies and initiatives such as OHS and transport safety, where there is broad community impact.  

Some of the proudest achievements in the Australian trade union movement have come from those social contracts that have improved living conditions and health, not only just salary levels, to those workers in Australia who struggle to stay financially viable.  The union movement needs to reinvigorate its members and itself to improve the quality of life for all and not just the pay packets for some.

Kevin Jones

Australian Minister’s latest comments on OHS law reform 3

Last week the Deputy Prime Minister, Julia Gillard, spoke at the ACTU Congress for 2009.  Industrial relations was clearly the principal agenda issue but Gillard did mention OHS.  The relevant OHS text of her speech is below.

For those wishing more information about her rowdy reception, coverage is available at several Australian news sites.

The OHS content got no mention in any of the mainstream press and some of the political websites also ignored it.  

Prior to the Deputy PM’s speech, the congress held a minute’s silence for all those who lost their lives through traumatic injuries at work.  The Deputy PM was presented with a petition (details to come). 

During the silence, two relatives of  young construction workers in Queensland who had died, were on stage.  On screen a role call of the dead scrolled slowly as a backdrop.  

Occupational Health and Safety

Friends, as representatives of working Australians you know that nothing is more important to them than safety at work.

Recently State Ministers for occupational health and safety and I reached a vital reform milestone: agreement for the creation of a uniform national occupational health and safety regime. 

This is a massive advance for workplace safety. As you will recall, the first, but ultimately unsuccessful steps towards a uniform occupational health and safety regime were taken by the Hawke Government in 1984.  25 years is too long to wait for better laws to cut preventable workplace deaths and accidents.  But we are now primed to achieve a great outcome for Australian workers and businesses alike. 

Under current occupational health and safety laws, only four jurisdictions allow workers to stop unsafe work – Western Australia, Tasmania, the Northern Territory and the ACT.  This represents approximately 14.5% of Australian workers. The new occupational health and safety laws will extend this right to all Australian workers.

For too long employers have thought that they could cut costs by cutting corners on health and safety.  Under these new laws every employer will understand that cutting corners comes at a huge price. 

The penalties under the new occupational health and safety laws will far exceed existing penalties in today’s legislation in Australia.  Currently, the highest maximum fine for a corporation is $1.65 million.  In some jurisdictions the maximum is significantly less.  Under the new laws, the maximum will be increased to $3 million, almost double the largest penalty in the country today. 

Through the tripartite body, Safe Work Australia, you will be partners in developing the model laws for this new national system. 

Kevin Jones

Harmonising workers compensation Reply

Gabrielle Lis raised an issue in an article for Return To Work Matters that deserves to be seriously considered.  The Australian Government is set on a path of harmonising OHS laws through the coordination role of Safe Work Australia.  One of the key policies  for Safe Work Australia is also to 

“develop proposals relating to… harmonising workers’ compensation arrangements across the Commonwealth, States and Territories…”

Wow, this is more of a challenge than harmonising OHS laws.  As Gabrielle writes

“Workers and employers don’t always see eye to eye on the issue, not to mention the differing interests of big businesses and small and medium enterprises, and the entrenched positions of the states and territories, who all tend to prefer “how we do things” to how things might best be done.”

Safe Work Australia is going to be dealing with over a dozen worker’s compensation insurers, around half a dozen workers’ compensation bureaucracies and thousands of stakeholders in the compensation, insurance, healthcare and return-to-work sectors.

This challenge is phenomenal and will not fit into any short-term schedule.  This challenge differs from OHS in that it directly involves money, millions of it.  The negotiations on OHS between government, unions and employer groups will be nothing compared to when the insurance companies move in on workers compensation.

Kevin Jones

(Disclaimer: Kevin Jones is a regular columnist for www.rtwmatters.org)

Not another Australian swine flu website!? 3

Recently in 2009, the Health Services Australia company launched a new swine flu website.  

The HSA site is run by a private health services company and came to the attention of SafetyAtWorkBlog through a news item by the OHS Commissioner of the Australian Capital Territory.   The ACT OHS Commissioner may not be endorsing the site but the HSA website is described positively.  The Commissioner’s site says

“The site provides information on the risk of flu – pandemic, swine, avian and seasonal varieties – expanding upon information previously published on their avian influenza site.

It also includes the latest health alerts, FAQs, useful links and information on travel health services relating to flu which people may find of benefit.”

For further information on www.fluthreat.com.au SafetyAtWorkBlog followed the trail from fluthreat to HSA which then lead to the site of one of Australia’s largest private health insurers, Medibank Private.  The two companies merged only recentlyon 1 April 2009.

Health Services Australia is listed on the fluthreat site  as the copyright holder but Medibank Private is not mentioned.

The HSA site which includes a prominent link to http://www.fluthreat.com.au does mention Medibank Private, in a mediarelease link on the home page but more succinctly, but almost in passing, under Governance and Structure:

“Health Services Australia Limited (HSA) and its subsidiaries are owned by Medibank Private Limited (Medibank).”

It seems very odd that the ACT OHS Commissioner should be directing Internet visitors to a privately run influenza information website instead of to the influenza information from authoritative websites such as the Australian Department of Health and Ageing, the ACT Dept of Health, the Federal Government’s dedicated swine flu site – healthemergency, or even the the World Health Organisation.

[SafetyAtWorkBlog has repeatedly tried to contact the ACT OHS Commissioner's office but gets an answering service each time.  The media spokesperson for HSA Group and Medibank Private has not yet returned calls]

Kevin Jones

Sitting (not so) pretty Reply

New Australian research shows hours of sedentary activity, like typing emails or sitting at a quality control station, are associated with higher cardio-metabolic health risks that are independent of time spent in moderate-to-vigorous intensity physical activity.

DrGenevieveHealyAccording to a media statement from University of Queensland and Baker IDI research fellow, Genevieve Healy, (pictured right) 

“Although many Australians have adopted the recommendation of getting at least 30 minutes of moderate to vigorous activity on at least five days of the week, we’ve been getting more overweight.

“The most plausible explanation is that 30 minutes constitutes a very small proportion of waking hours.  It’s equally important to look at what the person is doing for the remaining 15 and-a-half hours of the day.  A person who follows the guidelines of 30 minutes of brisk walking and spends the other 97 per cent of waking hours sitting is ‘physically active’ according to public health guidelines.  However, the term ‘active couch potato’ is probably more appropriate,” Dr Healy says.

Dr Healy will be speaking more on her reseach at the Queensland Safety Conference in Brisbane, Australia on  18 June 2009.

Audit report says “could do better” 2

Cover of 20090603_workcover_full_reportOn 3 June 2009, the Victorian Auditor-General released the audit report, CLAIMS MANAGEMENT BY THE VICTORIAN WORKCOVER AUTHORITY.  The objective of the audit was to assess the effectiveness and efficiency of VWA’s claims management.

The report found that the current claims management model 

“has not substantially improved RTW [return-to-work] outcomes, or the effectiveness of agents’ case management practices”

Although the report notes that the system has not deteriorated.

The report also says

“Agents’ case management practices, on average, were considered generally adequate, however, there is substantial scope for improving agents’ performance.”

“Adequate” is not a ringing endorsement of the system and the workers’ compensation agents should pay particular attention to criticism of their performance.

Safety managers and professionals have been trying to incorporate psychosocial hazards into their safety management processes but it seems that agents are having similar problems:

“Agents did not systematically consider psychosocial barriers to RTW such as attitudes toward recovery, stress, anxiety, workplace issues, substance abuse, and family matters, when assessing the injured worker’s status, needs and risks to recovery. In most cases assessments were narrowly focused on the physical injury and its impact.”

The report notes that many issues raised are already being addressed by the Victorian WorkCover Authority.

Almost the only statements made on the workers’ compensation scheme by the State Ministers over the last decade have related to premium fluctuations, how the business costs of the system are being controlled or unavoidable.  However it seems now that the system has only been cruising, but not improving, or keeping up with the contemporary workplace hazards and employee needs.

The white collar public service, in particular, has a high incidence of stress-related claims.  The reality of the hazard has been acknowledged through preventative guidance notes from the OHS regulators and the general growth in the work/life balance movement.  Yet in 2009, the workers’ compensation agents  are criticised for giving this hazard insufficient attention.

Even when an audit report is politely critical, it remains critical and demands attention.

Kevin Jones

Swine Flu and business continuity – video Reply

On the evening of 2 June 2009, the ABC TV show “Lateline Business” ran a short item on the business continuity issues associated with Australia’s swine flu outbreak.  Not much that was said was new but it proposed an interesting scenario for those people who manage aged care facilities where a potentially virulent illness could harm residents who it may be difficult to isolate or quarantine.

Michael Tooma of Australian law firm, Deacons, spoke briefly to remind viewers that health and safety were important legislative obligations that relate to illnesses, such as swine flu.  Interestingly he provided a rule-of-thumb scenario on business continuity.  He asked whether a business could continue to operate with 20% less staff, a 20% reduction in logistics services and 20% less customers, if the swine flu realises its potential.

Most of the speakers spoke from the current position that Australia is suffering from a “mild” case of this virus.  The story would be considerably different if Australia suffered its first swine-flu fatality, as have other nations.  One death and the terminology will change.

A video of the segment is available to view online.

Kevin Jones

Union movement misdirects on OHS Reply

According to an AAP report on 3 June 2009, the ACTU is forecasting action on the matter of workplace deaths.  Although the issues is heartfelt and important, the Australian union movement mostly discusses OHS in relation to its opposition to the Australian Building and Construction Commission.  The AAP report is a good reflection of this.

ACTU secretary Jeff Lawrence states that the rate of workplace fatality is unacceptable but is then quoted as saying

“The high level of deaths and injuries in the construction industry is a national disgrace and yet safety standards have got worse in the period the Australian Building and Construction Commission (ABCC) has operated.”

It has never been the role of the ABCC to regulate workplace safety obligations.  That obligation sits with the State OHS authorities and maybe the Australian Safety & Compensation Council (now Safe Work Australia).The union movement has been instrumental in improving safety on worksites throughout Australia but Jeff Lawrence’s misdirection to the ABCC does a disservice to the efforts of OHS professional and health & safety representatives.

Kevin Jones