Analysis of Montara oil spill reports begins

Legal analysis of the Montara oil spill inquiry reports have started to emerge.  One of the first is by Allens Arthur Robinson (AAR).  It does not discuss safety specifically but in many people’s minds Montara was not an occupational safety disaster as no one was injured.  To many the explosion has far more relevance as an environmental or process safety matter but considerable benefit can be gained by realising the Montara oil disaster was a substantial near-miss.

AAR looks at broader impacts of the Australian government’s response to the disaster.  AAR states that “we can expect to see moves by the Federal Government towards establishing a national regulator.”  Why should such a move only apply to offshore petroleum exploration?  If there is considerable administrative and regulatory advantages in a single petroleum exploration regulator, why not apply the same approach to the regulation of workplace safety? Continue reading “Analysis of Montara oil spill reports begins”

Looking at the root causes of workplace violence

Workplace incidents and injuries often occur as a result of inadequate resourcing in staff and time but few OHS consultants are comfortable recommending to clients that additional staff are required or that shifts should be reconfigured or, possibly, that a certain business activity (or the business itself) should be cancelled.  Yet identifying the “root cause” and eliminating the hazard is the aim of the safety profession and, sometimes, a legislative obligation.

A blog article from the National Institute of Occupational Safety & Health in the United States illustrates many of these issues.  In a post entitled “Assaults on Nursing Assistants” unacceptable levels of assault and biting were experienced by aged-care nurses in one survey sample. But the blog not only reported the research results, it recommended some control measures:

“Improving staffing levels may reduce the risk of assault by reducing workload demands and allowing staff more time to spend with each resident and avoiding the need to rush care.” (emphasis added)

These seem sensible control measures in this work situation but will any business really take the recommended actions based solely on safety concerns? Continue reading “Looking at the root causes of workplace violence”

Australia needs a sound and credible OHS organisation

Any organisation that claims to be “considered by Industry and Governments to be the premier membership based organisation for the Safety Professional” establishes very high expectations in the community and its members.

At the end of November 2010 the Safety Institute of Australia (SIA) concluded what could be described as its annus horribilis with its 2010 Annual General Meeting in Melbourne.

2010 has been busy for the SIA on the home front with its Western Australia Division morphing into a new OHS organisation (with a loss of 4,000 members according to the National President’s report in the Annual Report), a National Secretary being suspended, a Fellow being accused of contempt of the National Board, legal action continuing over SIA-related matters and special general meetings occurring, or being organised by longstanding and disgruntled members.

The various ructions in the last 12 months have been described in the SIA Annual Report [not available publicly online] by the outgoing National President, as “ill-informed” and reflective of “a suburban tennis club”.

The National President also briefly discusses breaches of ethics.  It is good to see, in one way, that “most [ethical breaches] were dismissed as frivolous or vexatious”, but the fact that the perceived breaches were even lodged should indicate that the SIA needs to devote a great deal more resources into educating its membership on due process in this area, or in reviewing the administration of the Code of Conduct.

Annual General Meetings are an important element of corporate and organisational accountability.  Indeed, a quick description of AGMs says that

“An AGM is held every year to elect the Board of Directors and inform their members of previous and future activities.  It is an opportunity for the shareholders and partners to receive copies of the company’s accounts as well as reviewing fiscal information for the past year and asking any questions regarding the directions the business will take in the future.” Continue reading “Australia needs a sound and credible OHS organisation”

Montara oil spill report finally released

On 24 November 2010, the Australian Government finally released the investigation report into the 2009 Montara oil spill in the Timor Sea that has similarities to the oil rig explosion of BP in the Gulf of Mexico in 2010.

The Energy & Resources Minister, Martin Ferguson, has sat on the report since the Board of Inquiry presented its findings in June 2010 even though there could have been industry-wide safety and design lessons.  Significantly, the report was released after the recent Federal election  and, according to the Minister’s media release, has found :

“At the heart of this matter is the failure of the operator and the failure of the regulator to adhere to this regime.  Montara was preventable.  If either – or preferably both – PTTEP AA or the Northern Territory Designated Authority had done their jobs properly and complied with requirements, the Montara Blowout would never have happened.”

For those readers in America and the Gulf of Mexico, these words may echo what they have heard only a few months ago.

The Government response supports the Report’s finding states:

“…that PTTEP AA’s widespread and systemic procedural shortcomings were a direct cause of the Montara incident.  In addition, the Report identified concerns relating to the integrity of the remaining wells (H2, H3, H4 and GI) at the Montara Wellhead Platform.  The Commissioner concluded that PTTEP AA did not achieve proper control of any of the five wells at the Montara oil field, and that PTTEP AA’s internal systems were insufficient to achieve a high quality of assurance in respect of well operations.” [link added] Continue reading “Montara oil spill report finally released”

Controlling Christmas party risks is a year-round activity

Every year, around this time, law firms and OHS regulators release statements and good OHS advice about the risks of Christmas and end-of-year work parties.  But companies who wait until now to introduce control measures and policies for the risks of occupational violence, sexual harassment and reputational damage have, largely, missed the opportunity to effectively manage these risks.

The need to enforce safe behaviours at work functions is not a seasonal process but one that is integral to the establishment of a safe workplace culture the year round.  This is not to say that a friendly reminder is not useful but, if managed well, it should be nothing more than a reminder.

Of all the OHS advice for parties, Workplace Health & Safety Queensland is most succinct:

New safety culture diagnostic tool

Scandinavia has been the region of choice for many OHS and industrial relations reforms but now something has come from the other side of the world, New Zealand, which should excite OHS professionals.

The Department of Labour (DoL) has released a “self-help diagnostic tool” to identify safety culture.  The DoL Workplace Services Group Manager, Maarten Quivooy, says

“One of the best ways to improve a safety culture is to start measuring it. This tool gives businesses the guidance they need to understand what’s working well and where there is room for improvement…

“It can be used by any industry or business that is motivated to improve its health and safety performance. Ultimately it will help a business make a start diagnosing its culture and, most importantly, planning for change.  Building a better safety culture builds a better business.”

The basis of the tool is a short survey which includes 24 simple questions that will generate important discussions individually but could provide a fairly decent indication of a company’s safety culture if the workplace honestly completes it.  Continue reading “New safety culture diagnostic tool”

Australian OHS Awards need a review to stay relevant

Australia’s OHS awards season has concluded with many of the same challenges it had in 2009.

Most States have harmonised their awards categories so that the national OHS awards in March 2011 are fairer but the worth of some categories, listed below,  remains in question.

“Category 1: Best Workplace Health and Safety Management System

a. Private Sector

b. Public Sector

Category 2: Best Solution to an Identified Workplace Health and Safety Issue

Category 3: Best Workplace Health and Safety practice/s in Small Business

Category 4: Best Individual Contribution to Workplace Health and Safety

An employee, such as a health and safety representative

An outstanding contribution by an OHS manager or a person with responsibility for work health and safety as part of their duties”

The category of most concern is “Best OHS Management System”.  For several years many OHS and media people have asked “why should a company receive an award for what they should already be doing?” Continue reading “Australian OHS Awards need a review to stay relevant”

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