Kevin Jones

Who is all this OHS harmonisation for?

The public comment phase of Australia’s review of its OHS law harmonisation process begins in September 2009. To a large degree it is at this stage that the stakeholders can start refining their horse-trading. It will also be interesting to watch as the distraction of the new industrial relations legislation has gone since that law was introduced.

Safe Work Australia is using the traditional limited consultative troika – government, employers and unions, and will need to give public submissions considerable weight to balance interests.

Two of the employer groups have already started setting out some guidelines and expectations.

A statement from the CEO of the Minerals Council of Australia (MCA), Mitchell Hooke, was released on 14 August 2009. The only new element of the media release was

“The MCA has called for the National Mine Safety Framework to form the basis of national minerals-industry specific regulation within the Model OH&S Act.”

One of the aims of the harmonisation movement is to minimise regulations for specific industry sectors.

The Australian Chamber of Commerce & Industry was more expansive in its statement of 5 August 2009. The ACCI overstates the cost burden of OHS legislation in each State. The Model OHS Law Review Panel found overwhelming similarities between the legislations but acknowledged that the variations would be difficult to resolve.

The following quote from the ACCI statement illustrates the value of the ACCI perspective and also its major shortcoming.

“However, harmonisation of legislation is not of itself the solution to the compliance burden problem, but rather it will be the final content and quality of the model legislation and the approach to its implementation and enforcement that will be the critical determinants as to whether or not productivity gains are in fact realised in practice.”

It is accurate to say that the success of the legislation will be gauged by its implementation and enforcement. However, the conservative ideology of the ACCI is on show when it states that the harmonisation is intended to provide productivity gains. OHS legislation’s first aim should always be to improve the safety and health of the workforce which, in turn, increases productivity.

ACCI and other employer associations too often jump the safety element and go straight to productivity yet it is the safety of employees that is by far the greatest value that employers share with the community and the unions. Elsewhere in the ACCI statement, the importance of safety is acknowledged but the communication of priorities is muddled.

The ACCI also says “OHS laws should never be used as a vehicle to drive other agendas,” and then goes on to push issues of industrial relations and union behaviour that are not the core focus of the OHS model legislation process.

The ACCI statement closes on a more philosophical approach to OHS. It talks about “cooperative development”, “safety culture” and “continued engagements” but its own cooperation can be seen as conditional in the majority of the statement.

There is one statement that all involved in OHS law reform should consider. The ACCI states that practical and easily understood regulation is required.

“This is particularly important for the majority of employers who operate only in one jurisdiction and who will not receive a direct productivity benefit under harmonisation but who will bear the cost of understanding and complying with a new OHS Act and regulations.”

Not much will change for those companies who operate in a single State of Australia. It is also useful to note that the vast majority of businesses in Australia are small- and micro-businesses for whom all of this national hoo-ha is almost totally irrelevant.

The Australian Bureau of Statistics said in a webpage that was updated in September 2008 that

“Small businesses comprise the vast majority of Australian businesses. The importance of the small business sector to the Australian economy is recognised by researchers, government and policy makers as well as the business community as a whole. It is acknowledged that the characteristics and business drivers of small business are potentially very different to those of larger businesses and as such require specific, targeted policy initiatives. Central to the development of effective policy initiatives is a sound understanding of the nature and characteristics of this sector of the business economy.”

The employer associations do not represent the largest employment sectors in Australia – small businesses, micro-businesses and home-based businesses. Nor do the trade unions. So who exactly are the biggest beneficiaries of this whole OHS harmonisation process?

Kevin Jones

Handling trauma

The Rural Health Education Foundation (RHEF) produced a DVD recently as part of its professional development program on managing trauma. It is an introduction for rural medical practitioners on how to identify trauma and how to advise on management. The video was produced in conjunction with the Australian Centre for Posttraumatic Mental Health and is unavailable at the moment due to a lack of funding. However, the video, and others, are available online through a free registration at the RHEF website.

Health and safety practitioners rarely prepare themselves adequately for handling a traumatized worker whether it is from a work experience or an issue outside the workplace. OHS practitioners often have a linear perspective where an incident occurs, the personal damage is handled or referred on and the avoidance of recurrence is prevented.

The cycle of incident, rehabilitation and reintegration to the workplace is not widely understood in the OHS field. The “Recovery From Trauma: What Works” video illustrates the personal and psychological cost of an incident. Through a case study it also shows the early signs of trauma, when a worker may “not be himself” – the clues to a possible bigger problem. One case study, John, specifically includes the impact of his situation on his work performance.

In the early stages of trauma, around a week after an incident, the video advises that people avoid

Alcohol and drugs
Keeping overly busy
Involvement in stressful situations
Withdrawing
Stopping yourself doing things you enjoy
Taking risks

If the worker is out of sorts for longer than a week, professional assistance should be sought.

The video was broadcast in February 2009 so the information is current.

The program continues with issues of post-traumatic stress disorder with additional case studies including a policeman talking about his counseling and the therapy he undertook after a traumatic event.

RHEF does not try to do everything by itself and draws upon subject matter experts on trauma and recovery. The video is a very professional production and RHEF should be supported in its initiatives. Readers are encouraged to watch the videos online and, if you can, consider supporting RHEF financially so that these important resources can be made available to medical professionals throughout Australia.

Kevin Jones

CertIV OHS training in Beijing

Several years ago I met an OHS professional from Singapore, Daniel LO. Daniel relocated to Australia and has continued his OHS career. Last month Daniel conducted a Certificate IV OHS course for the Sinopec Corporation. As China becomes even more important to the world economy, pressure is increasing to show an acceptable commitment ot workplace safety. We, in the West, have seen this most in China’s coal mining industry and some of its manufacturers, particularly for some global brands.

In talking with Daniel last week, he offered a short article on the training course he instigated and conducted. Daniel is an asset to Australia and will be one OHS professional to watch. Here is his contribution:

An OHS Professional Report on Safety Developments in China

Since China’s entry into the World Trade Organisation in December 2001, there has been much pressure from the international community for China to raise its Occupational Health and Safety standards. The introduction of the Safe Production Law in 2002 and more recently the adoption of the Law on the Prevention and Control of Occupational Diseases in 2008 is the response of a determined government, to ensure that its regulatory framework catches up with the nation’s unprecedented economic growth.

Heeding this call to protect workers’ safety and health by investing in OHS training is state owned enterprise – China Petroleum & Chemical Corporation – one of the largest state-owned major petroleum companies in China, The company has made it to the top ten ranking by Fortune Global 500, is also known as Sinopec Corp, and is listed in the Shanghai, New York and Hong Kong Stock Exchanges.

In July 2009, as an OHS professional with bilingual ability, Daniel Lo personally negotiated, prepared and delivered the first ever CertIV in OHS in Sinopec (Beijing). This flagship competency-based training and assessment is also part of Sinopec’s policy of “Safety First, Prevention Foremost, All Involvement and Comprehensive Control," to achieve a better Health Safety and Environment (HSE) performance. Participants for this training are project managers, safety managers and supervisors from various oil fields in Saudi, Sudan, Ecuador, Yemen, Iran, Nigeria, and China. The key success of this program has been the training and sharing of occupational safety and health management system in context of China’s language, culture and history.

Daniel LO is presently engaged as a senior OHS consultant by IFAP. He has an MBA, BSc in Mechanical Engineering, Specialist Diploma in OHS, CertIV in OHS, Diploma in Information Technology, Advanced Certificate in Training and Assessment. He is also a Certified lead auditor for OHSAS18001.

Working Hours and Political Scandal

Over the last month or so, Australian politics has been scandalised by a senior Treasury official admitting to faking an email that implied political favouritism by the Australian Treasurer, Wayne Swan, and the Prime Minister, Kevin Rudd.

Godwin Grech is the public servant who has admitted faking the email and there are many reasons he has put forward, and journalists have endlessly speculated on, for his actions. SafetyAtWorkBlog will discuss a minor element of the “Ozcar affair” that has been almost entirely overlooked – OHS.

Since the scandal broke in a Senate inquiry, Godwin Grech kept a fairly low profile and was last reported to be receiving treatment in a Canberra psychiatric facility. It has been reported that Grech has a history of physical health problems and it has been reported, in an investigation into the affair by the Australian National Audit Office (ANAO), that administering the scheme was taxing on Grech. The report says

“The under‐resourcing of the implementation phase of the policy placed at risk the anticipated policy outcomes. It also placed a considerable workload on Mr Godwin Grech, the Treasury official primarily responsible for the development and implementation of the policy measure, particularly in light of his medical condition.”

It needs to be noted that additional resources were offered to Grech to assist in administering the scheme. But Treasury was also criticised in the report.

“There were no indications that these matters, or Mr Grech’s medical condition, were given due weight in the implementation planning and delivery.”

Grech admitted to the ANAO that he had not informed his employer, the Department of Treasury, of his ongoing struggle with depression.

“What senior Treasury management did not know – as I have only very recently discovered – was that I have also been suffering from chronic clinical depression for some years, dating back to at least 2003. This had not been treated.”

Page 100 of the ANAO report has Grech quoting the OHS Act’s employer obligation to “take all reasonably practicable steps to protect the health and safety at work of [its] employees’”, and then lists his working hours required by the scheme.

“My work on the Oz Car program required me to work between 75‐85 hours per week including on weekends from late October 2008 until the onset of my bowel obstruction in early February 2009. My hours varied from 60‐70 hours per week from late February to June 2009.”

The amount of hours expected is phenomenal and there is little surprise that health problems or poor judgement occurred on this hazard alone.

However, what Grech fails to quote in the information to the ANAO is another section of the OHS Act 1991 – Section 21

“Duties of employees in relation to occupational health and safety

(1) An employee must, at all times while at work, take all reasonably practicable steps:

(a) to ensure that the employee does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the health or safety of the employee, or of other persons (whether employees or not) at or near the place at which the employee is at work; ……”

Employees have a legislative obligation to not put themselves at risk. It would be interesting to know why Grech took on more than was healthy for him.

This dichotomy of choice is a crucial but difficult one for all employees in all industries. When is it the right time to say no more or to ask for help or to say something is unsafe or unhealthy?

A further complexity to employment relations comes when industrial relations legislation specifies a maximum amount of working hours. The Australian Government’s very recent Fair Work Act 2009 specifies maximum weekly hours of 38. So what does this say about the employer’s OHS obligations to civil servants, such as Godwin Grech?

The Fair Work Act says (Division 3, Section 62 (1))

“An employer must not request or require an employee to work more than the following number of hours in a week unless the additional hours are reasonable:

(a) for a full time employee—38 hours; or
(b) for an employee who is not a full time employee—the lesser of:

(i) 38 hours; and
(ii) the employee’s ordinary hours of work in a week.

Employee may refuse to work unreasonable additional hours.”

In May 2008, the Prime Minister, Kevin Rudd, said the following about public service workloads:

“I understand that there has been some criticism around the edges that some public servants are finding the hours a bit much ….. Well, I suppose I’ve simply got news for the public service — there’ll be more. This Government was elected with a clear-cut mandate. We intend to proceed with that. The work ethic of this Government will not decrease. It will increase.”

Godwin Grech could be considered one example of the Rudd Government work ethic.

In this political scandal OHS is an oblique and fringe issue but its existence cannot be ignored and it raises legitimate questions about how a Labor Government, the traditional friend of the worker, manages the safety of its employees.

Kevin Jones

River death leads to OHS prosecution

The prosecution of a New Zealand adventure company, Black Sheep Adventures, over the death of Englishwoman Emily Jordan has received more press in England than in Australia but the case should be watched by all OHS professionals.

One report provides a useful summary of the fatal incident

“Emily Jordan drowned while riverboarding on the Kawarau river in New Zealand’s south island in April last year [2008].

The 21-year-old former Alice Ottley School (now RGSAO) pupil was travelling with her boyfriend after graduating from Swansea University with a first class degree in law.

The riverboarding company Black Sheep Adventures Ltd and its director Brad McLeod have been charged with failing to ensure the actions or inaction of employees did not harm Miss Jordan.”

The same article is an illustration of the importance of regular communication with the family of the deceased by the Authorities, even if the parties are on opposite sides of the globe.

The family established The Emily Jordan Foundation and a eulogy about Emily is available which provides a clearer understanding of what was lost in this tragedy.

Black Sheep Adventures have also been charged under the Health and Safety Employment Act 1992, with failing “failure to take all practical steps to ensure the safety of employees and the prevention of possible hazards.” The company and its director have pleaded not guilty.

The Birmingham Post is continuing to cover the case including the start of the trial due for next week.

Maritime New Zealand who are prosecuting the company instigated a review of the river boarding industry in late 2008.

Kevin Jones

Forest not required – indoor air quality and plants

Ever since modern offices have relied on air conditioning for ventilation, indoor air quality has been a contentious occupational issue from other people’s smells to thermal comfort to photocopier toner dust.

The prominence of air quality in offices as an OHS issue can be illustrated by a paragraph from the 1997 edition of Officewise when cigarette smoke remained a real hazard. No mention was made of plants.

Air in offices may be contaminated by several different

sources, including odours and micro-biological and

chemical contaminants. In an office environment, the

quality of the air is often controlled through an air

conditioning system. A building’s air conditioning

system may be considered as its lungs. The function

of such a system is to draw in outside air, filter, heat,

cool or humidify it and circulate it around the building.

The system expels a portion of the air to the outside

environment and replaces this expelled portion with

fresh or outside air.

“Air in offices may be contaminated by several different sources, including odours and micro-biological and chemical contaminants. In an office environment, the quality of the air is often controlled through an air conditioning system. A building’s air conditioning system may be considered as its lungs. The function of such a system is to draw in outside air, filter, heat, cool or humidify it and circulate it around the building. The system expels a portion of the air to the outside environment and replaces this expelled portion with fresh or outside air.”

Continue reading “Forest not required – indoor air quality and plants”

Another mining death in Western Australia

Rarely have workplace fatalities gained as much political attention as the current spate of deaths in Western Australia. Most have related to the iron ore operations of BHP Billiton but, according to one media report, on 8 August 2009

“New Zealander Daniel Williams, 26, died … at the Kanowna Belle mine site near Kalgoorlie, operated by Barrick Gold, after falling from an iron ore path into a hole.”

The media report clearly indicates that there are wider issues in the enforcement of OHS in that State other than just the operations of Barrick Gold.

Not surprisingly the unions are calling for a broader inquiry into safety of the industry.

SafetyAtWorkBlog has heard that Daniel Williams fell over 30 metres while checking a blockage in an ore pass grizzly shortly after midnight. Perhaps, this should be considered an example of a fall from height moreso than a mining death.

Barrick Gold has been contacted for any additional information

Kevin Jones

Author: Kevin Jones

Who is all this OHS harmonisation for?

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Handling trauma

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CertIV OHS training in Beijing

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Working Hours and Political Scandal

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River death leads to OHS prosecution

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Forest not required – indoor air quality and plants

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Another mining death in Western Australia

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