accountability – Page 73 – SafetyAtWorkBlog

New book on pipeline safety has OHS lessons for all

Any new book by Andrew Hopkins is a cause for excitement. The latest book co-written with Associate Professor Jan Hayes* focusses, primarily, on two pipeline disasters in the United States but has sufficient information and thoughts for those OHS professionals outside this sector and jurisdiction.

“Nightmare Pipeline Failures: Fantasy planning, black swans and integrity management” is a typically slim volume written in Plain English that benefits from the broad knowledge of its authors. Readers of Hopkins’ early books will get all of the cross-references. In some ways, this book can be seen as almost a case-study of Hopkins’ work on mindfulness and high-reliability organisation, as the themes of management perspectives, activity and decision-making occur repeatedly in this book. Continue reading “New book on pipeline safety has OHS lessons for all”

Should Australian safety professionals be certified?

On November 12 2014, the Safety Institute of Australia (SIA) conducted its first large seminar on the certification of occupational health and safety (OHS) professionals. The seminar had an odd mix of some audience members who were suspicious, others who were enthusiastic and presenters who were a little wary. There were few who seemed to object to certification but, as the SIA admitted, the process is a long way from complete.

Justification for Certification

Certification works when it is either mandated by government, usually through legislation, or in response to a community/business/market need. Australia does not seem to have either. The SIA explained that there is a “legal requirement” for OHS certification by placing it as part of the OHS due diligence obligations of Australian businesses, that Safe Work Australia (SWA) sort-of refers to it it in its National OHS Strategy and that the “Recommendation 161” of an unspecified international law:

“….calls for organisations to have access to “sufficient and appropriate expertise” as a basic right of all workers.”

There is no such Recommendation but there is an Occupational Health Services Convention, 1985 (No. 161)
Convention concerning Occupational Health Services (Entry into force: 17 Feb 1988) – a International Labour Organisation Convention that Australia has not ratified.

The SWA strategy repeatedly mentions the important of “health and safety capabilities” as a “national Action Area”. It specifies this action area as:

“Everyone in a workplace has the work health and safety capabilities they require.
Those providing work health and safety education, training and advice have the appropriate capabilities.
Inspectors and other staff of work health and safety regulators have the work health and safety capabilities to effectively perform their role.
Work health and safety skills development is integrated effectively into relevant education and training programs.” (page 9)

In the strategy’s chapter on Health and Safety Capabilities, SWA says:

“In a decade many existing workplace hazards will still be present and new ones will have appeared. It is particularly important that education and training enable those who provide professional or practical advice to competently deal with old and new hazards. Those who provide advice need to know when to refer the matter to others with appropriate expertise.” (page 12)

There is no mention of certification in the SWA strategy but the SWA is sympathetic to certification. Continue reading “Should Australian safety professionals be certified?”

Australian PM responds to Insulation Royal Commission

Australia’s Prime Minister Tony Abbott provided his interim response to the Royal Commission into the Home Insulation Program (HIP) in Parliament on 30 September, 2014. One should not expect much sustainable or cultural change from an interim response but Abbott’s responses hold some promise.

The commitments include:

“…[asking] Minister Hunt [Environment] to assume responsibility to oversee the Commonwealth response and to coordinate actions across departments and ministers.”

“…[asking] the Minister for Employment to examine these [OHS] findings, particularly as they relate to the reliance of the Commonwealth on state and territory laws, and his work will inform the government’s final response.”

“Minister Hunt and the Minister for Finance have been asked to recommend options to compensate their next of kin [of the deceased workers]”

A Declaration of lip service on OHS

Next month Australia hosts the G20 but there is always a lot of activity leading to this meeting and labour relations is part of that preparation. In September 2014 the G20 conducted its Labour and Employment Ministerial meeting at which a Declaration was released that includes some occupational health and safety (OHS) information. The Declaration is full of “weasel words” and “soft verbs” but it is worth noting so that the actions of governments on OHS in the future can be referenced, even though tangible results will be few.

On promoting safer workplaces, the Declaration states:

“Improving workplace safety and health is an urgent priority that protects workers and contributes to increased productivity and growth. We agree to take further steps to reduce the substantial human and economic costs associated with unsafe workplaces and work-related illnesses. We endorse the attached G20 Statement on Safer and Healthier Workplaces (Annex C), and we commit, as appropriate, to implement its recommendations in collaboration with governments, international organisations and social partners.”

If we were to deconstruct this statement, accepting that the paragraph is extracted from the labour relations context, the Australian Government, and other parties, does not accept that OHS is an “urgent priority”, only that improving it is. Any government can prove that it is “improving” OHS even when controls are removed due to red tape reduction or by the ideological strategy of increasing employer control through increased flexibility.

HIP Royal Commission – Gross Negligence and Accountability

Little of the recent commentary on the findings of the Royal Commission into the Home Insulation Program (HIP) have mentioned the opinion of the Royal Commissioner Ian Hanger that the Australian Government acted in a “grossly negligent” manner. Such a comment deserves considerable analysis by a specialist lawyer but it remains a remarkable criticism in terms of obligations under OHS/WHS laws.

Commissioner Hanger wrote:

“To encourage inexperienced young people to work in an environment where there was a risk of defective electrical wiring, and allow them to install conductive material was, in my opinion, grossly negligent. It is no answer for the Australian Government to say that it was the responsibility of those young people’s employers to protect them.” (para 5.2.20, emphasis added)

Gross negligence has been equated to the term “reckless endangerment” included in Australia’s Work Health and Safety laws. One legal website site says that:

“Reckless endangerment is the offense of engaging in activity that has a disregard for risks with foreseeably dangerous consequences.”

Commissioner Hanger’s comments certainly seem to fit reckless endangerment as the risks, not only of electrocution but simply from working in domestic roof spaces, were well known.

HIP Royal Commission – Risk Registers

Cover of ReportoftheRoyalCommissionintotheHomeInsulationProgram 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.

Risk Register

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)

Fear of exposure rather than pride in their work

“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.

iStock_000015900242Small 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

Category: accountability

New book on pipeline safety has OHS lessons for all

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Should Australian safety professionals be certified?

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Australian PM responds to Insulation Royal Commission

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A Declaration of lip service on OHS

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HIP Royal Commission – Gross Negligence and Accountability

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HIP Royal Commission – Risk Registers

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Fear of exposure rather than pride in their work

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