George W Bush and workplace safety

In 2001, one of the first legislative actions of George W Bush was to repeal the United States ergonomics standard.  At the end of his presidency there are indications that he is thinking about the regulatory impost of OHS on businesses again.

Crikey.com and others have reminded us of the Bush Administration’s plans concerning the exposure of workers to chemicals

“David Michaels, an epidemiologist and workplace safety professor at George Washington University‘s School of Public Health, said the rule would add another barrier to creating safety standards, in the name of improving them.

“This is a guarantee to keep any more worker safety regulation from ever coming out of OSHA,” Michaels said. “This is being done in secrecy, to be sprung before President Bush leaves office, to cripple the next administration.””

Propublica has reported that new rules that seem to run counter to current fatigue management guidelines elsewhere have been finalised.

“The Department of Transportation has finalized an interim rule for the number of hours a truck driver may spend on the road per day and per week. The rule, which has essentially been in effect since 2004, allows truckers to drive for 11 hours and work no more than 14 consecutive hours each day. They must rest 10 hours between shifts, and may not work more than 60 hours a week.”

An audio report from 2007 on the issue of working hours is available at NPR

It is hard to see the justification for these safety rule changes but these are just two of many changes in place or being finalised in a rush.  Perhaps there is a grander strategy that the bigger perspective will show.  

The actions are disappointing but not without precedent.  It should be remembered that Democrat President, Bill Clinton, took full advantage of the opportunity.

In Australia and elsewhere, the movement to “cut red tape” gathers strength, it just seems that no one yet is applying the US solution of eliminating the regulatory need.

It is sad to see that throughout Bush’s tenure safety advocates and lobbyists  were not able to gain concessions.  It will be doubly difficulty to gain anything that may involve a cost to business in the current economic problems.  

The challenge will be even greater in Australia where the Safe Work Bill has been withdrawn from Parliament and the Government is willing to weaken election commitments, such as on climate change, due to the economic context.

In just over a month’s time, we will see how new President Barack Obama acts on safety; Australia has much longer to wait.

Sexual harassment and politicians

Bernard Keane, political columnist with Crikey.com, wrote on 20 November 2008 about the unacceptable conduct of Australian politicians.  He wrote:

We’re not talking here about ordinary poor behaviour. There are boors and fools and thugs in workplaces across the country. It’s the sense of entitlement that seems to motivate many MPs to treat other people — whether they are staff, or waiters, or anyone who happens to cross them — with contempt. It’s a sense of entitlement encouraged by the job — one with a large salary, expenses, vehicles, travel and public profile. Most MPs manage to prevent it from going to their heads. But a lot don’t, and they make other people’s lives hell. Particularly because MPs aren’t under the same workplace laws as everyone else. 

SafetyAtWorkBlog believes that, as the sexual harassment is occurring in workplaces, predominantly, that MP’s ARE “under the same workplace laws as everyone else”.

Keane refers to one case where a Minister who was sexually harassing a staff member was relocated to another ministry.  The case recalls the Catholic Church’s risk control measure with paedophile priests.

Workplace safety regulators have been trying to emphasise for years that unacceptable behaviour in workplaces is more serious than a “bad day” or a “bad mood” and that this can be symptomatic of a sick workplace culture.

It is hoped that Crikey readers get to realise that inappropriate conduct at work can be criminal, a breach of OHS legislation or, even, a contravention of our Human Rights obligations.  That the Australian political parties tolerate such behaviour is shameful

Mandatory reporting of stress-related injuries

An OHS colleague of mine, Col Finnie, has posted a comment to a recent SafetyAtWorkBlog article on depression.  As I work out the technicalities of having Col as a regular contributor to this blog, I felt that his comment warranted a little more prominence.  The original comment can be viewed HERE)

I find the whole issue of what is being done about work stress intriguing. Last time I looked stress claims outstripped manual handling injuries in the UK (if I recall right, that was about a year ago). You’d imagine that trend will also happen here in time.

I wonder if it might be worth considering getting doctors to report to their local OH&S agency when they have evidence that a particular business appears to be the source of an unusual number of stress related patients?

If it’s legitimate for the police or emergency wards to be a source of reports of info on apparent work related physical injuries, why shouldn’t that be legitimate for other types of injuries?

There is no reason for this idea to be considered a “witch-hunt”. I’d consider it an opportunity for a regulator to pitch in on getting a business on-track with how it’s dealing (or not dealing) with managing stress stuff. Clearly, the reporting approach would have to be handled carefully. It’s quite likely it wouldn’t work as a mandatory requirement. But guidance and an info program could be worked up to make sure the complex issue of stress is dealt with sensibly.”

Contributors wanted

SafetyAtWorkBlog has received a lot of compliments since it began in Janury 2008 and I am pleased at the increased reach of the blog and the variety of regular readers.  To keep the content fresh, I am looking for people with strong opinions on workplace-related topics to register as contributors. 

You made need a WordPress account but as these are free and very easy to set-up, I hope you won’t mind.  You can open an account at http://wordpress.com/

If you think that you have the time to provide, at least, one post each week, please contact me, Kevin Jones, at jonesk99 (at) gmail.com (excuse the spam avoiodance email address)

New work accommodation for Torres Strait nurses

In February 2008, a nurse was raped in her remote house on Mabuiag Island.  The accommodation was provided as part of her occupation and risk assessments have identified that the house was not secure, poorly maintained and, in my opinion, unsafe. Previous SafetyAtWorkBlog posts on this issue are available HERE.

Stephen Robertson, Minister for Health
Stephen Robertson, Minister for Health

On 19 August 2008, the Queensland Minister for Health, Stephen Robertson, officially opened primary health centres on both Warraber and Erub Islands.

The Warraber Island facility cost $A4.45 million and includes:

  • two, two-bedroom staff accommodation units
  • expanded clinical areas
  • a dental chair
  • a conference room.

The $6.84 million Erub Island facility includes:

  • a three-bedroom doctor’s residence
  • two, two-bedroom staff accommodation units
  • expanded clinical areas, including a dental chair, a morgue, and a conference room for video conferencing.

The media release emphasizes a feature rarely mentioned:

“Both centres have secure accommodation units to ensure the safety of local health staff.”

Theses costs are for upgraded clinics with very good facilities and housing is only part of the projects.

Beth Mohle, Assistant Secretary with the Queensland Nurses Union, told me today that the official opening of these facilities had been delayed for several months due to the difficult of providing a reliable electricity supply to the clinics.  These facilities had been planned for a considerable time, well before the February 2008 attack.  In fact the previous facilities on Erub Island had been so bad that the facility was condemned.

Beth said that the new clinics had been assessed by the union’s OHS officer in March 2008 and found to be very suitable.  There were several minor security issues but the union was generally happy with the clinics.

A formal maintenance schedule for the facilities has been committed to be the government.

Beth said that the remaining outstanding issue for negotiation with Queensland Health is the operation of duress buttons for its members. However a trial of a satellite-based system through Skynet Mobile Communications is under way where the community police will be informed immediately of any problems.  

The underlying challenge for all OHS issues in Torres Strait seems to be the remoteness.  Many of the islands have no mobile phone communication coverage and nursing staff have only recently received automobiles.  Previously wheelbarrows were used for transporting equipment on the islands.

To update readers about the circumstances of the nurse who was attacked on Mabuig Island, the case against the attackers is still before the Courts.  The nurse is no longer working in that profession and she has a WorkCover claim relating specifically to the effects of the attack.  

Beth Mohle spoke optimistically about the progress made on the campaign to improve housing and facilities in these remote communities but we must remember the unnecessarily unsafe conditions that workers were expected to operate in.  The future may be hopeful but much of this hope is built on pain and trauma.

Are turban’s as safe as helmets?

A safety colleague of mine, Daniel Lo, posed an interesting question in a SafetyAtWorkBlog comment

“Are there any scientific studies of the crash impact that a turban could take compared to that of a regulated helmet?”

I would extend that to hard hats, motorcycle helmets and bicycle helmets. 

Let me pose a scenario that may help focus discussion. If I was wearing a turban and someone hit me on the head with a hammer, would I receive the same level of harm as if this happened whilst I was wearing a hardhat?

Daniel has posed a terrific question and I hope someone can help.

 

There are a lot of issues related to the wearing of turbans instead of helmets.  I think a good brief discussion of the issue of Turbans and helmets can be found at http://www.helmets.org/turbans.htm 

Another issue occurred in Canada where the riding of a motorbike with a turban instead of a helmet was discussed in court.  The argument was that a turban could unwrap in high winds.  The article did not discuss the issues of a turban as a safe replacement for a motorcycle helmet.

Basic information about turbans can be found at the SikhWiki

Texas Crane Collapse

Large cranes are now a basic tool for high-rise construction.  Over the last six months the United States has had several crane collapses.  The latest occurred in Texas on 19 July 2008 and involved a mobile crane.  The collapse resulted in four deaths and injuries to seven workers.  Fed-OSHA is investigating but as this is the latest in a run of collapses there is increased media attention.

According to the most recent media statement by the company that owned the crane, Deep South Crane & Rigging

“The Deep South Crane and Rigging Company experienced a tragic industrial accident yesterday in Houston, TX, that resulted in the death of four members of our company family. Our thoughts and prayers are focused on our deceased co-workers, their families and friends, and the extended Deep South Crane and Rigging family.

We wish we had all of the answers on what happened and why – but we do not – and speculating on cause would not resolve anything. But we are actively working to find those answers. We are fully engaged and cooperating with OSHA in their investigation of the accident. Our common goal is to identify the root cause, correct any issue that may be found, and ensure that this type of tragic accident does not occur again.”

According to one article:

“An Associated Press analysis in June found that cities and states have wildly varying rules governing construction cranes, and some have no regulations at all, choosing instead to rely on federal guidelines dating back nearly 40 years that some experts say have not kept up with technological advances.”

Video and audio reports on the incident are available through the links below.  SafetyAtWorkBlog will be reporting on any new information about the investigations

Company representative – http://www.chron.com/disp/story.mpl/front/5896374.html  

Crane investigations – http://www.khou.com/video/index.html?nvid=264952 

Crane investigations/”competent person” – http://kut.org/items/show/13389

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