NZ proposes new exposure levels on formaldehyde

The New Zealand of Department of Labour is continuing its negotiations on new exposure levels for formaldehyde.

The latest proposed exposure levels for formaldehyde are 0.3 ppm (8 hour TWA) and 0.6 ppm (STEL).  Currently the levels in New Zealand are 1ppm (ceiling).

According to US OSHA, it’s exposure standard is

1910.1048(c)(1)

TWA: The employer shall assure that no employee is exposed to an airborne concentration of formaldehyde which exceeds 0.75 parts formaldehyde per million parts of air (0.75 ppm) as an 8-hour TWA.

1910.1048(c)(2)

Short Term Exposure Limit (STEL): The employer shall assure that no employee is exposed to an airborne concentration of formaldehyde which exceeds two parts formaldehyde per million parts of air (2 ppm) as a 15-minute STEL.

WorkSafe BC says

BC‘s current 8-hour TWA of 0.3 ppm is well below levels capable of causing adverse health effects and protects the worker from the pungent, unpleasant odour of formaldehyde.

NZ DoL is also discussing dropping there exposure levels for soft wood dust from 5mg/m3 to 1mg/m3.

The cancer risks of formaldehyde have been investigated over some time and the weight of evidence shows that this chemical is a probable human carcinogen.

Kevin Jones

Fatigue, impairment and industrial relations

Many of the employees in the health sector in Australia have recently been negotiating new employment conditions.  It is rare for the workplace hazards of fatigue and impairment to be given such prominence in industrial relations negotiations.

A major cause of fatigue is the lack of adequate resources for relieving staff.  This issue has been identified for doctors, ambulance officers and firefighters over the last 12 months.

Many important OHS issues are identified in a recent ABC Radio interview with Dr David Fraenkel, the Treasurer of Salaried Doctors Queensland (SDQ).  Dr Fraenkel mentions the following issues, amongst others:

  • Queensland Health‘s duty of care to the public
  • Queensland Health’s duty of care to its employees
  • “wrong site surgery” due to judgement impaired by fatigue

Dr Fraenkel also shows the institutional pressures on individual doctors to not discuss the implications of fatigue.  He mentions that there is a code of conduct that impedes the discussion of issues by health care professionals.

He admits that should a young doctor leave their station to relieve their fatigue they would most likely be “called to account” for their action and their career may be jeopardised for what OHS professionals would admit is an individual taking responsibility for looking after their own safety and health.

Salaried Doctors Queensland has established a website in support of its campaign which includes some factsheets.    The print media also picked up on the SDQ media statements.

Kevin Jones

Wriedt provides context of her depression

Former Tasmanian MP, Paul Wriedt, has provided an Australian Sunday newspaper with a long article that provides the context for her suicide attempt, depression and career implosion.  The full article is well worth reading and shows the combination of factors that led to her suicide attempt.

Excessive workload is mentioned several times and, although it is only one of the confluence of factors, the workloads and working hours of politicians remain untreated elements of the health and wellbeing of important social p0licy decision-makers.

If, as many safety advocates profess, safety is led from the top, politicians are doing the safety profession a disservice by not structuring their work environments and schedules to ensure a healthy workplace.

One point is not mentioned in the article.  Paula Wriedt is a spokesperson for beyondblue, the most prominent depression-related organisation in Australian.  In fact Ms Wriedt is one of the organisation’s recent “ambassadors”.

Beyondblue has advised SafetyAtWorkBlog that the Sunday Herald-Sun article was Ms Wriedt’s own work and that beyondblue was not aware of the article before publication.

The beyondblue spokesperson said that the organisation is expanding its pool of ambassadors which should be of particular interest to those working in the workplace health sector.  Ambassadors operate on a volunteer basis and may be eligible for the reimbursement of costs in specific circumstances.

[Hm, voluntary ambassadors lobbying on behalf of a health issue on a voluntary basis.  Perhaps the safety profession could offer a similar “outreach program”]

Ms Wriedt was not obliged to mention beyondblue in the article and it is clear that she sees public discussion on depression issues to be one of her own career goals, but it would have been appropriate to mention her relationship, particularly as she is a beyondblue ambassador.

Kevin Jones

Man crushed by unstable stack

On 1 September 2009 there were early reports that

“… a man died at Stanhope in northern Victoria when a one-tonne bag of salt fell from a stack and crushed him at a cheese factory.”

Further details were revealed in a media report on 4 September 2009. The media officer for WorkSafe, Michael Birt, discussed the stacking of multiple, one-tonne, bags of salt.

“The improvement notice is requiring them to develop a safer system of work in relation to storing the salt because they can’t stack it three high in these bales which are about a metre tall,” he said.  “It’s symptomatic of what happens in typical cases after this, we look at it and we find the systems need to be further improved.  Our aim is to get safety improvements happening sooner rather than later and if those improvement notices are dealt with promptly everyone’s life moves on.”

WorkSafe informed SafetyAtWorkBlog that the 50-year-old man was at the base of a stack of three bags of salt.  Each bag had been placed in the factory on a pallet, so the stack from the floor was pallet – bag – pallet – bag – pallet – bag.  The bottom bag had leaked and has possibly destabilised the stack.  The stack fell, crushing the man.  There was not racking around the stack.

The bags (similar to the one pictured right) are large bale-type bags with handles.  The bags are used for a variety of contents and are in common use.

There were no witnesses to the man’s death on the Tuesday afternoon.  Gaffer tape was found near the man’s body

WorkSafe has placed a “do not disturb” notice on the fatality site and has formally directed the company to review its bulk handling procedures in the salt store.

WorkSafe Victoria has a range of advice and guidances concerning the bulk handling of raw material, a couple are below.

Kevin Jones

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An Ombudsman for the safety profession

WorkSafe Victoria is very keen for the safety advice and management discipline to become professional.  It is providing considerable technical and financial support to the Safety Institute of Australia and other members of the Health and Safety Professionals Alliance (HaSPA).  The current status of HaSPA in Australia has been discussed in other SafetyAtWorkBlog articles.

HaSPA likes to compare itself to other managerial professions such as accounting, medicine and the law, and is trying to establish a contemporary profession.  One of the professions mentioned, law, an established profession for hundreds of years, is seriously considering the introduction of an ombudsman, a concept that should have been established already for the safety sector.

According to a media report in The Australian on 4 September 2009:

A taskforce of federal and state officials is working on a plan to create a national legal ombudsman with unprecedented power over the nation’s lawyers.

If the plan goes ahead, the ombudsman would be able to set standards for all lawyers, oversee the handling of all complaints from consumers and intervene with the profession’s state-based regulators.

One option being considered would establish the office of the legal ombudsman as a new national institution drawing authority from a network of uniform state laws.

This would unify the regulation of lawyers and give state governments a role in confirming prospective candidates for the new national office.

Lawyers, rather than taxpayers, could be asked to pay for the cost of establishing their new regulator.

The taskforce, which has been appointed by federal Attorney-General Robert McClelland, is examining the possibility of establishing the new office as the centrepiece for the promised regulatory overhaul of the legal profession.

OHS law in Australia is undergoing its most major national review in decades.  Shouldn’t the safety profession also develop the “Office of the Safety Ombudsman”?  The legal profession is doing all the work on a model.

Australia has a tradition of effective industry-based ombudsmen.  A list is available online but the most publicly well-known would be the Telecommunications Industry Ombudsman.

[In the last couple of years the safety profession has heard from the Victorian Health Services Commissioner, Beth Wilson, on the purpose and role of the commission and how the safety profession can learn from her support, adjudication and  advocacy.  The commissioner is not an ombudsman but there may be a role for a safety commissioner to address WorkSafe’s concerns over the quality of safety advice being provided by safety professioanls to business.  A video of Beth Wilson briefly discussing the role is available on YouTube.]

The application of an Ombudsman model in the safety profession should be discussed but similar objections will be raised to those of the legal profession in the article quoted above.  Underpinning the objections is that an established profession is resistant to change and suspicious of relinquishing the power it has established over its lifetime.

If the safety advocates are truly committed to establishing a contemporary profession, the concept of a safety ombudsman must be discussed or else  the system of self-regulation will continue and so will the lack of independence, the lack of accountability, the limited communication and the lack of faith by the general community that safety professionals can be trusted to do a good job.

Kevin Jones

Australian stun gun review report

Coincidentally after the SafetyAtWorkBlog article on the Braidwood Inquiry, the Queensland government investigation into the use of stun guns by police officers has been leaked to an Australian newspaper a day before the official release.

According to a media story in The Australian on 4 September 2009:

The joint Crime and Misconduct Commission-police review, launched after the June heart-attack death of north Queensland man Antonio Galeano, has ordered an overhaul of police training and operational policy, requiring the stun guns to be used only when there is a “risk of serious injury”.

The review, to be released today and obtained exclusively by The Australian, marks the first time an Australian authority has recognised the possibility the stun guns can injure or kill, especially when fired repeatedly at a person.

Within eight hours of the story above being released, a report, again in The Australian, but by a different writer, says:

“A CMC spokeswoman said the contents of the report were yet to be released but claims the weapons would be banned were untrue.”

The confusing reports may say more about journalism than stun guns but it also indicates the extreme sensitivity about the use of these items by emergency and security officers.

SafetyAtWorkBlog will include a link to the Queensland report once it has been publicly released.

Kevin Jones

UPDATE – Report released

The Queensland report into stun gun use has been released and is now available for download.

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Thoughts on tasers and the hierarchy of controls

The Braidwood inquiry report into the use of energy weapons (tasers) is readily available on the internet.  Regular readers of SafetyAtWorkBlog would know that I consider tasers to be a item of personal protective equipment (PPE) for enforcement officers.

Phase1Report-2009-06-18 coverDetermining whether PPE is the most appropriate hazard control measure usually involves the application of the Hierarchy of Controls. The hierarchy is not applicable for all workplace hazards, particularly in the control of psychosocial hazards, but it’s a good place to start.

While reading the executive summary of Canada’s Braidwood report, one part in particular reminded me of the hierarchy – page 17.

Although the definitions for “assaultive behaviour” in both use-of-force continuums can be traced back to the Criminal Code’s language for common assault, they also justify use of the weapon when there has been only an attempted common assault, and even when no criminal offence has been committed.  I concluded that the subject behaviour threshold should be met when the subject is causing bodily harm or the officer is satisfied, on reasonable grounds, that the subject’s behaviour will imminently cause bodily harm.  Even then, an officer should not deploy the weapon unless satisfied, on reasonable grounds, that no lesser force option would be effective, and de-escalation and/or crisis intervention techniques would not be effective.

Let’s see if the hierarchy can apply.

Can the subject behaviour be eliminated? – No

Substitution doesn’t seem relevant.

Can we engineer out the threatening behaviour? – Barriers, shields… perhaps but the presence of these items may also inflame the behaviour, increasing the hazard.

Can administrative controls be applied to the hazard? Unlikely, unless the subject was cooperative or able to accept instruction or read signs, in which case, the hazard may not exist.

That leaves PPE, in this case a Taser.

The report places a considerable number of criteria that the enforcement officer must apply prior to using the taser and these should be considered administrative controls but as these apply to the enforcement officer and not the subject, they would not come under the hierarchy of controls.

I welcome readers comments on this rumination on Tasers as PPE, and/or the application of the Hierarchy of Controls to a police situation.

Kevin Jones

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