accountability – Page 80 – SafetyAtWorkBlog

It can take a long time to learn how to manage workplace safety

On 21 December 2012 in the South Australian Industrial Court, Amcor Packaging (Australia) was fined $A96,000 over a breach of the occupational health and safety (OHS) laws. That type of sentence appears frequently in SafetyAtWorkBlog but the difference this time is that it is the third similar OHS prosecution and fine applied to Amcor in South Australia. Amcor Packaging has had similar OHS problems in Queensland and Victoria.

According to a SafeWorkSA media release (not yet available online), the latest prosecution involved an incident in November 2010 where:

“Two workers were walking on conveyor rollers to guide an unstable stack of cardboard when one inadvertently stepped into a gap between the rollers. The female worker was then struck by the arm of an automated pallet sweeper, sustaining multiple fractures to her lower leg and ankle.”

In his judgment on the case, Industrial Magistrate Stephen Lieschke said there was no risk assessment at the plant and a lack of engineering controls. The two previous Amcor offences in South Australia also related to inadequate engineering controls.

Recurrence

Magistrate Lieschke also said that

“The two prior offences are highly relevant to this sentencing process, as the court is left with a low level of confidence that Amcor will not commit any future offences…..,”

In June 2008 law firm Holding Redlich mentioned an increase in an OHS penalty against Amcor by the Court of Appeals: Continue reading “It can take a long time to learn how to manage workplace safety”

The safety role of the Construction Compliance Code Unit

Recently SafetyAtWorkBlog was able to spend some time with the Director of the Victorian Government’s Construction Compliance Code Unit (CCCU), Nigel Hadgkiss. The CCCU and Hadgkiss have been in the Victorian media recently in terms of the CCCU investigation of industrial relations matters in several Grocon construction projects and some discussions with LendLease but an often overlooked, yet significant, element of the Construction Compliance Code is the occupational health and safety obligations. The CCCU has been working on early drafts of a Health and Safety Management Plan (HSMP) with which all those operating under the Code will need to comply.

Many of the questions SafetyAtWorkBlog posed stemmed from a presentation Hadgkiss made at a breakfast seminar on which SafetyAtWorkBlog previously wrote. That article is recommended for background and context.

Nigel Hadgkiss advised that since 1 July 2012 71 companies and associated companies have “signed up” to the Compliance Code with a full awareness that OHS is a key element of compliance.

OHS obligations of unsuccessful tenderers

The Code requires companies tendering for Victorian Government construction work to follow specific OHS obligations, whether they are the successful tenderers or not. In some ways this seem unfair.

Hadgkiss believes that the tenderers to government contracts are well aware of the safety obligations from the outset. From that point they are contractually bound whether they are successful or not.

Continue reading “The safety role of the Construction Compliance Code Unit”

Chronic asbestos deaths, sudden mining disasters – both indicate deep corporate problems

It is less than a week until the premiere of Devil’s Dust, a movie about asbestos in Australia and the corporate maneuverings of James Hardie Industries to minimise its exposure to compensation claims but its lessons spread beyond asbestos to politics, corporate responsibility and individual morality.

In a recent article on the movie, the depiction of then New South Wales Premier, Bob Carr, was mentioned. The politics of asbestos is well shown in the Carr depiction. The asbestos issue seemed to have little importance until a political value was placed on the issue. Carr, a Labour Party politician, then acted, met people affected by asbestos-related diseases and made clear statements of moral significance about asbestos and corporate responsibility.

Recently Crikey reminded its readers of some comments on asbestos compensation from 2007. Apparently, the now-Deputy Leader of the Liberal Party, Julie Bishop stated

“I have enormous sympathy for those who suffered asbestos-related diseases,” she said in a statement to The Australian. “There were members of the CSR executive management team who also died of asbestos-related diseases who had worked at Wittenoom.

“As one of the lawyers in the case, I acted ethically and professionally at all times in accordance with client instructions.” [link added]

There is no doubt that Bishop acted ethically and professionally in her role as a lawyer but by 2007, the issue of asbestos exposure and compensation had moved to a moral basis. Are companies who resist providing compensation for illnesses caused by their products being heartless or responsible corporate citizens? Continue reading “Chronic asbestos deaths, sudden mining disasters – both indicate deep corporate problems”

Devil’s Dust – Australian movie on asbestos and corporate morality

On November 11 and 12 2012, the Australian Broadcasting Corporation will broadcast “Devil’s Dust”, a two-part movie about asbestos in Australia. This is not a documentary on asbestos-related diseases. It follows the story of investigative journalist Matt Peacock from the 1970s to the present day in parallel with the corporate machinations of James Hardie Industries and its former CEO, John Reid and the life, times and death of Bernie Banton.

To many Australians, bits and pieces of each of these narrative streams will be familiar but Devil’s Dust illustrates the moral linkages between these streams leading to a powerful story of corporate greed, strength of character and man’s inhumanity to man. The workplace safety context of Devil’s Dust is obvious – ignoring or hiding information about harm to workers, the management of many workplace risks through allowances and “danger money”.

The television production values depict the times perfectly and for those who know of the asbestos risks, particularly readers of Matt Peacock’s book “Killer Company” which inspired the movie, the opening few seconds summarise major issues in the asbestos story – sacks of asbestos on a truck, cigarette smoking and dust being bashed from work clothes. Later in the first part, other issues are touched on – the washing of asbestos-contaminated work clothes by wives, asbestos in trains, asbestos in carpet underlay and asbestos used as road toppings. Continue reading “Devil’s Dust – Australian movie on asbestos and corporate morality”

Vulnerability and arrogance

“How can this be allowed to happen nowadays?” the distressed wife of a seriously injured worker asked me recently. Her husband was sitting next to her, his eyes still victims of the recent terror that nearly killed him. She saw that and struggled to join him in his very dark and personal space. This now would become a life time job for her.

This meeting captured for me one of the most fundamental factors at most workplaces. That workers’ most common feeling at work is that of vulnerability. Of course many workers find comfort and pride in their job. Of course it feeds them and their families. Of course it can provide personal identity and purpose. And of course there are many managers who understand all this.

But it’s also true that much too often this is not the case. That’s one reason why when suddenly factories or mines close, or car manufacturers ‘shed’ 200 workers, or car part factories go bust workers are not only shocked, but it substantiates their sense of vulnerability, “What a shock, I thought they loved us!”

Not only is this painfully evident when a negligently poor H&S standard results in crippling a worker for life, but is typically present on a daily basis. Permanent fear of job loss results. The fact that a worker can be disciplined or sacked for a number of events that can be defined and redefined by creative managers feeds that feeling. That’s another reason why so much bullying and humiliation occur and so much stress is experienced. Continue reading “Vulnerability and arrogance”

Unanswered questions on Safety Institute activities

Earlier this year, the Safety Institute of Australia (SIA) launched its OHS Body of Knowledge (BoK) project, an excellent collection of workplace safety information and research but one that has had restrictions imposed on it that seem contrary to its purpose.

SafetyAtWorkBlog has communicated repeatedly to the SIA about the BoK project and the, seemingly, related operation of the Australian OHS Education Accreditation Board (AOHSEAB) but, although the communications have been acknowledged, no responses have been received. Some of the questions go to the heart of the meaning of an OHS profession and body of knowledge but also to the relationships of various organisations under, or connected to, the SIA such as the Health and Safety Professionals Association (HaSPA) and AOHSEAB.

OHS Body of Knowledge

BoK contains over 30 articles about most of the major workplace safety issues of modern times. These have been produced by some of the most prominent OHS researchers in Australia. But it can only be read on a computer screen and the PDF files have a security level that forbids any cutting and pasting. Why would this important safety information be any different to guidance and data that OHS regulators provide for fair use? The SIA has never provided a reason for this peculiar approach to spreading OHS knowledge.

The SIA professes the organisation to be about the following:

“We are committed to creating a profession that can deliver the highest standards of OHS and we do this through the engagement of our individual members, corporate and strategic partners, governing bodies and key profession stakeholders.

Through the SIA, individuals have access to qualified timely advice into public policy and regulation, research and development to advance OHS knowledge and guidance. We have developed a body of knowledge to set health and safety standards, procedures and practices to be adopted on a national basis across the profession.”

SafetyAtWorkBlog posed the following questions to the appropriate contact person, Pam Pryor, Registrar, of the Australian OHS Education Accreditation Board in early May 2012. The AOHSEAB issued its first ever newsletter on 5 July 2012. (Hyperlinks have been added) Continue reading “Unanswered questions on Safety Institute activities”

Lessons for everyone in the legal action against France Telecom executives over suicides

In 2009-10, SafetyAtWorkBlog followed the unfolding and tragic story of the spate of suicides at France Telecome that were directly related to the change of work practices and organisational policies instigated after privatisation. SafetyAtWorkBlog stated that the suicides could be considered to be a case study of poor personnel management and, in more recent parlance, a failure of safety leadership. This month French authorities have begun investigating France Telecom executives.

According to an AFP report in early July 2012:

“Louis-Pierre Wenes was placed under investigation on Thursday, a day after former France Telecom chief Didier Lombard, for workplace harassment, his lawyer Frederique Beaulieu said.”

At the time of the suicides Wenes was Deputy CEO and Lombard was CEO.

Interestingly and curiously, workplace bullying is not a term used in the France Telecome situation, although it may have met the criteria that Australia applies. Continue reading “Lessons for everyone in the legal action against France Telecom executives over suicides”

Category: accountability

It can take a long time to learn how to manage workplace safety

Like this:

The safety role of the Construction Compliance Code Unit

Like this:

Devil’s Dust – Australian movie on asbestos and corporate morality

Like this:

Vulnerability and arrogance

Like this:

Unanswered questions on Safety Institute activities

Like this:

Lessons for everyone in the legal action against France Telecom executives over suicides

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: