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Dec 19 2011
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business, government, human resources, industrial relations, law, Management, OHS, safety

Business silos extend to, and are supported by, the soft professions

Most managers complain about “silos” even though they often operate comfortably in one.  Having an organisational structure that operates without narrow parameters of professional turf is very difficult and sustainable change takes time.  Similarly many professions operate in silos and the safety profession is a good example.  Rarely does it “play well with others”.  A recent workplace relations survey report from the Australian law firm, Madgwicks, illustrates the silo of the professions and its impediment to change.

Most law firms that have occupational health and safety professionals sit the unit with the Workplace Relations portfolio, for good reasons mostly.  Workplace Relations, or Industrial Relations in other jurisdictions, deals with the pay and conditions of workers and the negotiation of these issues with employers and business owners.  ”Pay” is mostly wages and the remuneration received for effort but “conditions’ is more inclusive with OHS a major, but often underplayed, component.

Madgwicks asked two significant questions:

“Currently which workplace relations issues are the most challenging for your business?” and

“Which workplace relations issues do you believe will be the most significant for your business?”

None of the responses (pictured below) to these questions included any occupational health and safety issues.  There was no stress.  Nothing on workloads or working hours.  Nothing on workplace bullying.

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Jun 01 2009
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business, communication, government, human resources, industrial relations, influenza, OHS, pandemic, safety, swine flu, workplace

The latest OHS advice on managing swine flu

Some time ago SafetyAtWorkBlog was critical of OHS regulators releasing swine flu information because the advice was not being easily translated in the workplace, and some of the advice was just silly. 

Workplace_Guide_to_Managing_an_Influenza_Pandemic_Page_1Much better advice is available from the New South Wales government however, curiously, the Workplace Guide to Managing Influenza Pandemic has been issued by the Department of Commerce.  The department’s Office of Industrial Relations has released the document which makes more sense however the release seems to be contrary to WorkCover New South Wales who defers to the NSW Health Department, surely the most logical central point for communication on this public health issue.

There are too many “experts” on the workplace impact of swine flu influenza and pandemics.  SafetyAtWorkBlog has kept out of this issue as we share the position of WorkCover NSW – defer to the State or National authorities.

However, some companies feel obliged to be seen to be doing something, anything, about swine flu and their half-cocked measures are discrediting their overall process of safety management.

One national company recently issued a new policy advice to all staff on swine flu.  The policy was little more than a cut and paste from an official fact sheet.  It added little to the employees’ knowledge of the hazard and in no way answered staff questions such as 

  • If my child’s school is closed due to a swine flu threat, what type of leave am I entitled to take?
  • The company has provided annual influenza vaccinations.  Will I need re-vaccinating in the event of swine flu and will the company cover this cost?
  • In what circumstances can my employer send me home?

Not only was it next to useless, the company had the cheek to include its own corporate logo on the policy.  Public health and OHS information is usually flexible in its reuse but somebody in the company looks like they are empire-building rather than managing their staff.

People want advice on how swine flu will disrupt their lives and working lives, not information on swine flu itself.  Employers should leave the health information to the health authorities and concentrate on the management of the disruption and potential health threats within their area of expertise, their own workplaces.  

If employers raise expectations by issuing policies in areas outside of their expertise, they begin a spiral of the demand for information that it may be impossible to satisfy.

Kevin Jones

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May 12 2009
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business, communication, government, OHS, safety, workplace

What a good safety management system looks like

I’m a big fan of minimising the rehashing of OH&S guides. In my WorkSafe Victoria days (the latter ones when I was doing guidance material editing) I did what I could to encourage adoption of other people’s good work.

cover indg275[1]And just today I found an example of a British Health & Safety Executive (HSE) guide on what a sexy SMS looks like that I think is about as good as it gets; particularly in the context of giving an OH&S newbie an excellent sense of what it means to deal with OH&S in a systematic way.

Loved the focus on critical questions to ask about key elements of an SMS; as opposed to a common bad habit of doing the thing I call a “knowledge dump” – asking every question you can think of that has any sort of relationship to the topic at hand.

Loved the way the guide related smart SMS evaluation to real-world business decisions. I gotta say (obviously with the benefit of hindsight) that governments are pretty hopeless at “relating” to business in guidance material. It’s a waste of white space to keep telling a reader why it’s awful to hurt workers. It’s a waste because the reader wouldn’t be a reader if they weren’t concerned about that.

The HSE guide takes the approach of comparing SMS decisions to day-to-day business decisions. Take for example these questions from the guide: “How much are you spending on health and safety and are you getting value for money? How much money are you losing by not managing health and safety?”  These are just a couple of examples of business-savvy questions in the guide. They show the author knows full well that crappy OH&S  management costs big bucks and they cut straight to the chase on questions about costs and losses. But, cleverly, the author leaves it at that, and includes other business related questions. A good move.

I’ve found (and I have to say I was surprised to find this out) that my clients – almost all small businesses – are not “consumed” by profitability. They want their businesses to work, they want to be able to pay their bills, but I’ve found that there is lots of angst about hurting workers. (Hmm…rather than go on anymore about this topic of small business motivators for safety, I think I’ll leave it for a separate post.) Back to the guide.

What is a real stand-out in the guide is the minimal use of the lazy adjectives like “suitable” and “appropriate”. We in OH&S-World use those mostly useless adjectives way too much in guidance material. The author of the guide avoids them like the plague. Grab yourself a free copy from ttp://tinyurl.com/obwzrg .

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

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Mar 11 2009
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alcohol, assault, business, CEO, culture, ethics, impairment, Leadership, OHS, Professional standards, rugby, safety, safety culture, Sport, violence, workplace

A sport’s culture of excessive alcohol at work functions

Each November safety publications carry guidances and warnings about unacceptable conduct at company Christmas parties.  Often these warnings are around moderating alcohol consumption and showing due respect to others.  One of the most recent legal advisories was issued in late-2008 by Maria Saraceni of the Australian law firm, Deacons.

This week in Sydney the National Rugby League (NRL)  faced its latest controversy when Brett Stewart of the Manly club was charged with sexual assault at a work function.  The NRL today issued harsh penalties on both Stewart (five match ban) and the club ($100,000).  To understand the context of the penalties and the media hoo-hah surrounding this it would be necessary to look at the many instances of assault and abuse associated with rugby league, and other male-dominated sports, in Australia.

The issue has remained largely on the sports pages of the newspapers except in New South Wales.  The fact that a sporting club was involved and a sport with a sad history in this area has dominated reporting and the OHS, safety management and employer liability angle has been lost in the rush.

The NRL media statement (no direct link available), quoted in part by the ABC, shows that the NRL CEO, David Gallop, is well aware of the safety management issues.

“Brett could not have been in a more high profile position of trust for the game on the eve of a season than he was last week and we believe he should have recognized the honour that he was given and the responsibility that went with it,” NRL Chief Executive, Mr David Gallop, said today.  ”By any estimation there was an abuse of alcohol in the aftermath of a club function that has led in some part to the game being placed under enormous pressure.

“The players and the clubs need to know that we are not going to accept that.

“The Manly club has today delivered its report into the function and the measures simply weren’t sufficient to stop drinking getting out of hand in the case of some of the players. Brett was both refused service of alcohol and asked leave the premises.”

Section 20 (2) of the NRL Code of Conduct which states:

“Every person bound by this Code shall, whether or not he is attending an official function arranged for the NRL, the NRL Competition, the Related Competitions, Representative Matches, the ARL Competitions or a Club, conduct himself at all times in public in a sober, courteous and professional manner.”

Peter Fitzsimmons explains why the general conduct of rugby players needs changing.

“They [rugby league clubs] must fix it because they are a powerful tribe within our community, and that community has had a gutful not just of the atrocities, but of the NRL promising to fix it, to educate them, to discipline them, blah, blah, blah, year after year, with no results.”

Kevin Jones

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Mar 02 2009
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depression, Gillard, government, hours of work, human resources, OHS, politics, psychiatric, safety, safety culture, stress, wellness, work/life, workplace

Happiness is a warm million

The Australian newspapers in late-February shared the “outrage” of politicians and then the community over training that was provided to public servants by the American “happiness guru” Professor Martin Seligman.

The cost to the taxpayer seems exorbitant but the psychologist was from the US and was training delegates for many days.  It is not unusual for US experts to charge over $US600 per hour plus travel and accomm0dation.

The Community & Public Sector Union‘s Assistant National Secretary Paul Gepp noted  in a media statement that news of the expensive conference, which paid an American psychologist’s team more than $440,000, came with news of more layoffs of  public servants, as 100 lost their jobs in the Crime Commission. 

“Public servants are working hard to keep essential services going, keep our communities safe and make the stimulus package work,” said Mr Gepp.  ”Million-dollar, feel-good conferences don’t help get these jobs done. If the Government is looking to cut, we suggest it starts with junkets like this.” 

The OHS context of this furore comes from the reasons for the training and whether the same benefits could have been obtained at a reduced price.

Media reports say that in parliament on 26 February 2009

“[Deputy Prime Minister, Ms Julia] Gillard attacked Liberal frontbencher Andrew Southcott for attempting to “parody” Professor Seligman, who she described as a “noted educationalist”.
“He is the leader in the development of (a) resiliency program that has been shown to make a difference to mental health issues amongst young people, including issues like anorexia and depression.  That is actually serious and ought not to be cat-called about.”

SafetyAtWorkBlog has written previously about the workloads of the public sector under the Rudd government and how the government has chosen not to set reasonable production targets.  The Seligman seminars are an example of trying to treat the symptoms and not the cause.   Seligman’s programs are not the issue here as the results claimed may be absolutely justified.  

Part of the problem for the government is timing, and in this, it shares a lot with behavioural-based safety programs.  Whenever a company introduces a wellbeing program, or a happiness seminar, or resilience training, or a team-building extreme sports excursion, it indicates to me that either the company is one that has already tried the traditional approaches to controlling workplace hazards, hasn’t  the faintest ides what to do to improve the safety in their workplace , or has too much money in its human resources budget and needs to spend it by the end of the financial year.

Regrettably, the money spent on public service mental health has been poorly targeted and papers over the cracks whilst ignoring the structural instability of how it manages its people.

Kevin Jones

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Mar 02 2009
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business, CEO, Corporate responsibility, culture, executives, law, Leadership, OHS, safety, safety culture, workplace, WorkSafe

Company directors and OHS obligations

Since the final report of Australia’s Review into Model OHS Law, discussion has been remarkably quiet.  The ACTU was scheduled to meet for discussions on the report last Monday and no public statements have been made.  Most of the labour law firms have been quiet also.  It is fair to say that most are trying to digest the 480 page report.

But one employer group has provided an opinion piece in the business pages of The Age newspaper on March 2 2009.  The article says little that is new but it is mischievous in some of its comments. 

John  Colvin, CEO of the Australian Institute of Company Directors, writes of his concerns about increased exposure for the Institute’s members.  Colvin is concerned that upcoming OHS laws may be unprincipled and counterproductive.

The Model OHS Law report has said that it supports the statement of OHS principles as are already in place in the Victorian OHS legislation.  According to WorkSafe Victoria

“The Act sets out the key principles, duties and rights in relation to occupational health and safety. The general nature of the duties imposed by the Act means that they cover a very wide variety of circumstances, do not readily date and provide considerable flexibility for a duty holder to determine what needs to be done to comply.”

These principles are

4. The principles of health and safety protection

(1)    The importance of health and safety requires that employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.

(2)    Persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable.

(3)    Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings.

(4)    Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks.

(5)    Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.

The article is mischievous in a number of areas.  Colvin mentions how the current laws vary from state to state.  He mentions that

“Some carry personal criminal liability for directors, even where they may not have had any personal involvement in a breach. In some states, they reverse the onus of proof, removing the presumption of innocence, and offer narrow legal defences and limited appeal rights.” (my emphasis)

Colvin is talking primarily about New South Wales, the State that everyone agrees has the OHS law that is most onerous for employers.  However, the New South Wales union movement has been remarkably quiet and flexible on the issue of its OHS laws.  There has been some rhetoric for the benefit of its members and to retain some ideological “face” but the union movement across Australia is coming to accept the reality of better OHS outcomes from nationally harmonised legislation.  

Repeatedly the National OHS Law Review panel stated that it has based its decisions on the structure of the Victorian legislation as, for one reason, it has undergone the most recent legal review.  Colvin’s focus on New South Wales OHS law is outdated, reflective, and unhelpful.

Colvin mentions a survey that found

“..more than 65 per cent said the risk of personal liability occasionally made them take an overly cautious approach in the boardroom and another 13 per cent said this happened frequently. Almost two-thirds felt this had inhibited an optimal business decision to a medium to high degree.”

This indicates that the risk of being prosecuted on OHS breaches is being discussed at board level – great result.  Whether this translates to the board improving the OHS performance of their company is doubtful as Colvin’s article implies that directors are looking at ways of avoiding responsibility and liability rather than accepting the reality of their OHS obligations and working to improve them.

Colvin says that

“Directors should not be held criminally liable for a company’s misconduct simply because they are a director.”

Directors are not prosecuted for OHS breaches because of their status or position.  They are prosecuted because of the decisions that they make and the ramifications of those decisions.  If a director is dismissive of OHS issues and palms them off to someone else in the organisation and an incident occurs, should not the director be called to account for why they considered the safety of their workers to be unimportant, even when for over thirty years directors and executives have had responsibility for OHS compliance?

Colvin believes that holding directors accountable implies that directors have more control over the actions of their employers than they do.  Current business and management theories promote the position that directors should be more in touch with what is happening on the shopfloor.  The theories promote informed leadership and an increased awareness of how the company and its people work, they promote a level of engagement that creates a positive workplace culture and displays leadership.   Colvin seems to be encouraging the opposite.

He ends his article with

“More fundamentally, it unfairly treats directors more harshly under the law than the rest of the community.”

He misunderstands the application and aims of OHS law.  All people in a workplace have a responsibility to ensure a safe and healthy workplace for themselves, for employees and for members of public on and off their worksites.  Directors have more detailed obligations, but not less, because they have control of production and benefit more from the success of the company than do the employees. 

Ultimately, Colvin’s article reflects the misunderstanding of OHS that directors and companies have had for decades.  Companies need to realise that the best performing companies in OHS, and those with the best productivity, are those that have embraced their obligations for safety and have incorporated the principles within their own culture. 

The review into model OHS law has indicated the way of the future and company directors would be well-served to realise this and get on board.  Being left behind will benefit no one, especially the shareholders.

Kevin Jones

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Jan 27 2009
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chemicals, death, disaster, government, law, politics, safety, welding, workplace

How to talk safety

Safety advocates often say that safety begins at the top.  Yet few CEO’s will talk overtly and publicly about safety to the extent that Janet Holmes a Court has in Australia.  Janet is a rarity but John Bresland of the United States Chemical Safety Board is making a good attempt through YouTube technology.

In January 2009, Bresland has produced on of CSB’s “safety messages” and, he is not afraid to criticise his political colleagues.

In the latest safety message he criticises those American states who do not allow state employees to be covered by federal OHS legislation and he uses an actual fatality incident to make the point very clear.

For those outside of the US, the video is a good example of a safety advocate putting his face out there and broadcasting about safety to his constituents and interested parties.  Political criticism is seen as valid in this case due to Bresland pointing out an anomaly and showing how an anomaly can kill, injure and maim.

Too many senior executives and professional associations are scared of making political statements even though they support the mission statement of their organisation.  This is an immature position based on insecurity – a quality that should have no place in the coordination of corporations and professional bodies.

Branding is a worthwhile process but it will only succeed if what is being promoted has substance.  The Chemical Safety Bureau has been a solid platform for education and safety improvement for years and deserves support by OHS professionals learning the lessons being shared and displayed.

Kevin Jones

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Jan 27 2009
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health, OHS, psychiatric, research, safety, workplace

New research on behavioral safety

The New York Times (and other newspapers) reported on an article in the latest edition of the NSC Journal of Safety Research.  It is worth considering when the behavioural-based safety advocates come a-knocking.

According the media reports the article reports on “knowledge gaps” in research into behavioural safety.  It summarises the discipline, or alchemy depending on your experience with the advocates, very well.

“Behavioral safety” is becoming more popular as safety practitioners seek to better understand and develop strategies to prevent workplace injuries. Behavioral safety is the science of observing workers’ behaviors to determine where a different behavior or set of behaviors may have prevented or lessened the severity of injury. The study defines behavioral safety as an approach to improve safety performance through peer observations, goal setting, feedback, and celebrations or incentives for reaching safety goals.”

Thankfully it sensibly recommends that behavioural safety be applied as part of a broader safety management system.  In fact broader than many others suggest.  The study says that “psychological, social, engineering and organizational factors” should be considered and it acknowledges that how these factors affect behavioural safety is still poorly understood.  It suggests these areas for further research attention:

  • “Impact of behavioral safety interventions on rates of injury, illness and fatalities.
  • Appropriateness of the basic elements of behavioral safety across different industry sectors.
  • Relationship between behavioral safety and a greater safety culture.
  • Role of performance feedback in creating behavioral change.
  • Effectiveness of tangible and non tangible rewards on behavioral change.”

Some of these factors would best apply through research by the OHS regulators – a rare commodity – but they indicate some of the areas which OHS professionals should consider more carefully.

Clearly behavioural safety is still a developing area of study and application. It reinforces the position that behavioural safety is still not a panacea, regardless of the claims of spruikers.  Behavioural safety is one of the tools available to OHS professional and perhaps one that should not distract us from more effective and practical safety initiatives.

Kevin Jones

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Jan 09 2009
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community, government, guidance, height, OHS, risk, safety, security, technology, union, workplace, young

Safety challenges for English pantomime

Today, the UK Daily Mail published an example of the mish-mash of safety management problems that are confusing the public about what an OHS professional does.

An amateur Christmas pantomime is confused by the plethora of safetyand health obligations being placed on them by, it is assumed, a variety of regulators.  Let me speculate on what may be behind some of the issues.

“scenery is free from sharp edges” – a good set designer, even an amateur one, should already have this aim as part of their skills.  Backstage in theatrical productions is notoriously dark and often full of people, round the edges of scenery is not an unreasonable expectation.

The theatre company chairman says that the facility is not the best.

“Mr Smith, 59, a training manager, also claims that Brierley Hill Civic Hall’s backstage facilities are ‘poorer than Cinderella’s kitchen’ making it all the more difficult to meet the health and safety requirements.”

Ice cream and milk temperature is a matter of food safety.  These can easily be managed by the facility manager providing suitable refrigeration.  If the facility is a regular venue for theatrical productions it is not unreasonable to expect the venue to be fit-for-purpose.  Graeme Smith says that the company has already solved the issue to some degree:

“The 100-strong am-dram group, which was first formed 60 years ago, has also bought a freezer because it does not trust the reliability of the venue’s, Mr Smith said”

Clearly, Mr Smith has as many problems with the venue as he does with the safety needs of his production.

Climbing a beanstalk with a harness – many theatrical productions have incorporated harness into aerial effects or revised their sets and direction to depict climbing without physically climbing 30 feet.  This is a pantomime and it involves acting so act like you’re climbing a beanstalk.

Chaperoning children – mothers of stage children have been doing this for years.  The nature of backstage may require supervision of children to reduce the hazards of dozens of excited children causing problems and creating hazards for other stage workers.  Depending on the layout of the facility the dressing rooms may some way from the stage, perhaps through public areas, and supervision is not an unreasonable expectation.

“do not enter the props storage area” – all workplaces have areas that restrict unauthorised access for good reason.  Supervision may be the best available control measure for the circumstances.  The article refers to pyrotechnics.  If these were to be used in this production and the pyrotechnics were stored in the props area, entry restriction would be more than reasonable.

“inform the audience before the performance if pyrotechnics are to be used.”  It is peculiar that the audience is informed as pyrotechnics should be configured to operate with no risk to audience, actors, or stage staff.  If the reason for this advice is fire safety, then this relates again to the suitability of the facility itself, to fireproofing, fire exits etc.  Given the fires that have resulted from unsafe use indoors of pyrotechnics over the last few years, increased warnings seems appropriate.

I am not sure about the need to identify curtain users but the need to prevent people falling into the orchestra pit is obvious.  It is implied that this would only occur outside of productions and rehearsals and, in that case, this would be the responsibility of the facility manager.  Boarding up the pit may be an excessive control measure and alternative barriers may be appropriate.  Again this also relates to the initial design of the facility.

There are enough hints in the article to show that the suitability of the Brierley Hill Civic Centre for theatrical productions needs to be reviewed.  Many of the theatre company problems seem to be to accommodate design and layout deficiencies.

The Australian theatrical union issued safety guidelines for live theatre productions in 1999

The HSE and the Association of British Theatre Technicians has safety guidelines on pyrotechnics  and a range of other publications related to theatrical productions.

Clearly there is no “idiot’s guide to amateur productions” but there may be a need for such a publication.  The experience of the Brierley Hill Musical Theatre Company shows how one small event can be bombarded by attacks from all sides when all the company wants to do is put on a pantomime.  Theatrical productions have always been big management challenges and health and safety has always been part of this process. 

It was a fantasy sixty years ago when Judy Garland and Mickey Rooney could put an elaborate stage show together overnight in the movies. It remains a fantasy.

Kevin Jones

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Jan 06 2009
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alcohol, audio, construction, drug testing, health, impairment, mining, OHS, podcast, research, transport, union

Drug abuse at work – podcast interview with Professor Steve Allsop

The editors of SafetyAtWorkBlog produced SafetyAtWork podcasts several years ago.  These interviews deserve some longevity even though some of the references have dated.  In this context, SafetyAtWorkBlog is re-releasing a podcast from September 2006 on the management of drugs in the workplace. (The podcast is available at SafetyAtWork Podcast – September 2006 )

Professor Steven Allsop is a leading researching on the use of drugs at work and socially.  Steven is also the Director of the National Drug Research Institute.  In this interview he discusses amphetamine use, how to broach the issue of drug use with a worker and drug policies in industrial sectors.

Please let SafetyAtWorkBlog know of your thoughts on this podcast.

Kevin Jones

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