SafetyAtWorkBlog 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.
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)
In Sydney this afternoon a workplace safety trade show held a fascinating (and free) panel discussion on safety in construction. The topic of Safe Work Method Statements (SWMS) was raised, as expected, but the comments were sound – SWMS are only required for specific high-risk activities so make them simple enough to satisfy legislative requirements AND have workers work safely.
One participant asked about obtaining a SWMS template for an activity that was not necessarily high-risk. She was advised to forget about the template and instead approach one of her trustworthy subcontractors and have that contractor step her through the work process to be undertaken and the associated risks. Then she should write a SWMS based on that information. In this way she has consulted on a safety issue, talked with a subject matter expert and developed a SWMS tailored to the workplace needs. In other words, she would have done everything that was reasonably practicable to achieve a safe and healthy work environment.
One of the other issues raised was the need to train people on the use of the risk matrix on which many SWMS are based, and that is embedded in Australian OHS Standards. The audience was advised to ignore the risk matrix as most of the workers do not understand it. It was also mentioned that many OHS/WHS regulators see it as overly complex. The audience was, instead, encouraged to based the SWMS on the Hierarchy of Control (HoC).
It was argued that workers understand the linear decision-making of the HoC more easily and that they are well aware of the consequences of failure or an unsafe act. They do not need to see a risk-rating to accept the risk of an amputation or a fall from heights or a trench collapse.
The trade show seminar had an audience of over one hundred but each one of them received the best advice from the panel of legal and industry experts available. That this cost each participant nothing but their time may indicate why safety conferences, at least in Australia, are struggling for relevance.
I was interviewed this evening on the cost of mental stress by Your Rights at Night on Radio Adelaide. The podcast is now available HERE.
I have listened back to this interview this morning and have some advice for other OHS professionals who may find themselves in a similar situation.
Insist on seeing the interview questions prior to the interview. I asked for this but the questions weren’t available. Colleagues have advised me to refuse the interview if this occurs again as there is a risk of being trapped in a discussion that is very different from what was expected.
If the questions aren’t available, ask for the core theme of the interview so that topic parameters are established earl in the process. More…
The 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…
Lucinda Smith of Esteem People Management has made some excellent points about stress and mental health in her article – “The People Risk of Work-Related Stress“. On determining the cost of mental stress she acknowledges authoritative government estimates but, significantly, states of the data:
“Although not fully exploring the issue of workplace stress because it only applies to accepted claims,…”
This is the core of much of the frustration in the OHS profession that injury and illness is always underestimated because data is based on workers’ compensation statistics.
Where Smith progresses the argument, though, is by comparing several important pieces of data. Quoted in a Safe Work Australia report, Medibank Private estimated in 2008 that the direct cost of work-related stress was
“…$14.81 billion to the Australian economy, and $10.11 billion to Australian employers because of stress-related presenteeism and absenteeism.” (page 3 of the Safe Work Australia report)
One of the most contentious issues in safety management is the treatment of workers compensation claimants. On 18 August 2014, a small qualitative research report into this area was launched in Melbourne. The report, “Filling the Dark Spot: fifteen injured workers shine a light on the workers compensation system to improve it for others”* identified four themes in the workers’ stories:
- a sense of injustice
- a lack of control and agency
- loss of trust, and
- loss of identity.
These themes, or at least some of them, are increasingly appearing on the occupational health and safety (OHS) literature. To establish a successful sustainable workplace culture, one needs to establish and maintain trust. Workers also seem to need some degree of control, or at least influence, over their working conditions and environment. Also workers, and managers, need to receive a fair hearing, what most would describe as “natural justice”. More…
On 17 August 2014, RadioLiveNZ‘s Mark Sainsbury devoted an hour to discussing workplace health and safety. Given New Zealand has undergone a remarkable change on its occupational health and safety (OHS) strategy since the Pike River disaster, with the restructuring of its regulations and regulator into WorkSafeNZ, the various interviews are worth listening to.
This series of interviews are structured assuming that the audience has no prior knowledge of OHS. The first interview was with a representative of the Accident Compensation Commission, Dr Geraint Emrys.
Dr Emrys lists fishing, forestry, and farming and agriculture as the industries of most concern. This list is not surprising considering the industrial profile of New Zealand but it is curious that mining was not mentioned, even in passing, given the prominence of Pike River.
Emrys is asked about the opportunity to build an overall safety culture for New Zealand. Emrys says that overall campaigns are possible More…
Any of the books written or edited by Vicente Navarro are worth serious consideration. The latest book, edited with Carles Muntaner has the daunting title of The Financial and Economic Crises and Their Impact On Health and Social Well-Being but it is the content that is important. The editors’ social class analysis may be unfashionable in some areas, or even anachronistic, but the perspective remains valid, as they write:
“…any explanation of the current crisis requires incorporating a social class perspective so as to understand the modus operandi of the economic-financial-political system.” (page 4)
The book though is about the effects of the crisis on health and well-being and there is much to learn. More…
“Due diligence” is an established business management concept that only recently came to be applied to occupational health and safety (OHS) in Australia through the Work Health and Safety (WHS) harmonisation process. It’s credibility comes from the Corporations Act, principally, but also Consumer Protection and, partly, Environmental laws.
The attention given by OHS/WHS professionals and senior executives to due diligence is already changing how workplace safety is managed in a positive way but recently the Australian Institute of Company Directors (AICD) proposed weakening the broad due diligence obligations. If this proposal is accepted and implemented by the Australian Government that is sympathetic to business, could these changes diminish the growing attention to OHS/WHS due diligence? More…
Macquarie University researcher Sharron O’Neill is traveling around Australia refining, through consultation and seminars, her research into Work Health and Safety (WHS) Due Diligence. In a Melbourne seminar this week O’Neill, and her colleague, Karen Wolfe, provided thought-provoking discussions on three principal areas:
- Due Diligence,
- Performance Indicators, and
Below are some of my thoughts that they provoked.
WHS Due Diligence
WHS Due Diligence is still a poorly understood concept. Part of the reason is that the major explainers of due diligence seem to be, predominantly, labour lawyers who, not surprisingly, emphasis the legal requirements and origins rather than the safety elements and application. There are few safety professionals who are explaining due diligence; rather they are discussing OHS/WHS in the context of due diligence.
One colleague explained how an established organisation employed her as their first dedicated OHS professional around the same time as due diligence was being discussed as part of the national OHS harmonisation process. By looking through the company’s existing system of work, More…