Category: business

Finger injury causes hefty new safety agenda for John Holland Rail

Comcare has instigated a hefty list of enforceable undertakings (EU) against John Holland Rail (JHR) after a contractor, Jack Wilmot, needed a finger amputated after a workplace injury.

According to the report on the Comcare website

“…an apprentice boilermaker was involved in an incident which resulted in crush injuries to his left index finger at a JHR facility located at Kewdale, Western Australia.”

Cover John_Holland_enforceable_undertaking_legal_documentComcare’s investigation report

“found that JHR failed to ensure the apprentice, had received adequate training, supervision and instructions in the task he was undertaking when injured.”

Stephen Sasse, Director of John Holland Rail, signed off on the enforceable undertaking at the end of August 2009.

Below are some of the mandatory safety improvements

  • maintain the new supervisory structure implemented at the Kewdale facility shortly after the incident
  • implement and adapt the safer systems of work across JHR workplaces within two months of signing the EU
  • conduct a risk assessment of all major activities undertaken by JHR to determine and identify those which should be classified as ‘high risk activities’ (HRAs) within six months of signing the EU
  • eliminate where reasonably practicable to do so, all HRAs and otherwise apply appropriate control measures to the balance of the HRAs, within six months of signing the EU
  • provide training regarding safer systems of work to all JHR employees who undertake rail plant maintenance activities as part of their duties within eight months of signing the EU
  • commence implementation of the Rail Safety Business Plan 2009 at all JHR workplaces by 31 September 2009 including commencing work on each of the 28 strategic initiatives within the stated timeframes.

Some of these tasks would be impossible to undertake from scratch.  A response from John Holland Rail and/or John Holland Group is being sought.

Enforceable undertakings are a feature of financial and OHS legal processes.  In Queensland and Victoria an EU is

“… a legal agreement in which a person or organisation undertakes to carry out specific activities to improve worker health and safety and deliver benefits to industry and the broader community.”

John Holland Group has been proud of its OHS record for many years and has had the benefit of Janet Holmes a Court as a safety champion within and outside the company.  Holmes a Court spoke of her commitment to safety at the 2009 Safety In Action Conference which was hosted by the Safety Institute of Australia (SIA) of which John Holland is a Diamond Corporate Partner ($A25,000 minimum donation).

Only last week the SIA, proudly announced a Diamond Corporate Partnership with John Holland Group which commits the company to, amongst other commitments,

  • “Act and work responsibly and competently at all times to improve health and safety in workplaces and ensure they do no harm.
  • Give priority to the health, safety and welfare of employees, employers and other workplace health and safety stakeholders in accordance with accepted standards of moral and legal behaviour during the performance of their duties.
  • Ensure the health, safety and welfare of employees, employers and other workplace health and safety stakeholders takes precedence over the professional member’s responsibility to sectional or private interests.
  • Ensure work by people under their direction is competently performed and honestly and reliably reported.
  • Ensure they do not engage in any illegal or improper practices.”

It is suggested that for next year’s Safety In Action Conference, the SIA asks a JHG representative to discuss the above enforceable undertakings as a case study of inadequate safety management and the related organisational and financial costs.

Kevin Jones

[Note: Kevin Jones was involved in the promotion of Safety In Action 2009]

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

Meditation is a proven stress reduction method for workplaces

Meditation is not on the regular agenda at SafetyAtWorkBlog.  If there was time to meditate, the time would probably be spent losing weight in the gym but there is fascinating research that provides some evidence of meditation’s benefit  in reducing work-related stress.

At the Safety Conference in Sydney at the end of  October 2009, Dr Ramesh Manocha of Sydney’s Royal Hospital for Women will release research that

“found that after eight weeks of mental silence meditation training called sahaja yoga, occupational stress scores improved [decreased?] 26 per cent.  A non-mental silence relaxation program reaped a 13 per cent gain, while a waiting list control group lifted just 1 per cent.”

The language sounds slightly “new-age” but what makes the difference in this circumstance is that the initial research was undertaken with three groups mentioned above and, importantly, with a control group.

Below is a TV interview with Dr Manocha on the first stage of research.

When looking at workplace stress, people reduce stressors but Dr Manocha says this often requires impossible organisation restructuring due to internal political pressures.  These techniques can be applied on a personal level that employees can take with them through their various life-stages.

Dr Manocha then applied the meditation training in real corporate situations.  According to a media release provided in the lead-up to the conference:

“In a later field trial of mental silence meditation by 520 doctors and lawyers, more than half of the participants whose psychological state (K10) scores indicated they were “at risk” were reclassified as “low risk” after two weeks of meditation.”

It’s the application of this meditation in the workplace context that gained the attention of  SafetyAtWorkBlog and what will be presented at the conference.  The gentle skepticism evident in the TV interview above is understandable but in a time when safety professionals demand evidence, we must look seriously at evidence when it is presented.

More information on The Safety Conference is available HERE.

Kevin Jones

In Australia OHS management is red tape

The Australian newspaper of 1 September 2009 epitomised the ideological problems with OHS in a business management context.  Page 5 has two articles next to each other:

“Renewed pledge to cut business regulation” and

“Building chief ‘spat on an abused‘”.

The first article reports on a speech by the Competition Minister, Craig Emerson, where it is reported that the Minister

“has pledged his commitment to removing unnecessary regulation that hampered business”.

The Minister was speaking to a business audience and has been described as less friendly to regulation than his predecessor.  OHS compliance is often bundled as an element of unnecessary business paperwork by employer and industry groups however, in this speech, the Minister spoke more of open markets.

The second article focuses on an attack on the head of the much-hated Australian Building & Construction Commission, John Lloyd, but also reports on the national union protest scheduled for 1 September 2009, concerning the weakening of OHS laws through the harmonisation process.

The article reports on a union survey:

“Unions commissioned a poll that showed 78 per cent of those surveyed agreed employers should do more to protect the health and safety of their workers, even if it led to increased costs or red tape.”

That unions would even accept that OHS compliance could be considered red tape is a great concern, and the phrase is taken directly from the ACTU media release.

Union Survey figures

SafetyAtWorkBlog is endeavouring to obtain the original survey results (over 1000 respondents (workers) taken in the last week of August 2009) but for the moment it is worth quoting ACTU Secretary Jeff Lawrence’s interpretation of the statistics.

“… this poll shows the Australian public don’t want workplace safety rights undermined.”

“The poll shows there is significant support in the Australian community for stronger rights and protections for workers and an ongoing role for unions in checking workplaces where employees are worried they are in danger.

“The poll finds 81 per cent of those surveyed agreed workers should have the right to call in help from a union to check on health and safety issues regardless of their employer’s approval.

“Seven out of ten Australians (69%) believe that injured workers should be able to take their employer to court under workplace health and safety laws.”

Business and government in Australia are harmonising OHS laws to reduce the red tape business compliance costs.  Unions believe that OHS red tape and increased business cost is acceptable.

What does this leave the safety professional who says that they can minimise the red tape associated with OHS compliance AND that safety is not a cost but an investment?  Out in the cold with the Victorian WorkCover Minister, it is suggested.

Kevin Jones

The importance of handling professional complaints professionally

Any member of any profession can be subject to the complaints process of that profession’s governing body.  A complaints procedure is an essential element of any organisation.  In fact, one could argue that the professionalism and maturity of an organisation can be judged by how that organisation investigates and handles a complaint.

Not only must a complaint be handled professionally, it must be seen to be handled professionally.

Regardless of whether a complaint is valid or baseless, it is essential to have

  • Clear guidelines on how to make a complaint and the consequences of lodging a complaint;
  • Defined complaints handling procedures;
  • Complaints procedures that have been tested through desktop exercises and simulations;
  • An independent assessor/mediator;
  • An understanding that of natural justice;
  • An independent appeals process; and
  • The commitment to support, in practice, the professional ideals espoused.

Many executives, particularly of volunteer organisations whose good intentions are often not supported by the necessary administrative procedures, resources or skills, run the risk of exacerbating both frivolous and valid complaints.

As can be seen by some of the articles in SafetyAtWorkBlog, from James Hardie Industries to restorative justice to handling aggressive customers, people expect a certain dignity and accountability in their professional dealings.  A major element of safety management, and basic professionalism, is the ability to apologise when mistakes have been made.  For only through an acknowledgement of mistakes can the integrity of a process be (re)established.

Australia’s Prime Minister, Kevin Rudd, has shown the power of the apology when he acknowledged in 2008 the injustices done to Australia’s indigenous population.  It took courage to apologise for actions done long ago by someone else.  The ability to apologise shows a maturity and professionalism that is still lacking from many Australian organisations, voluntary and corporate.

Kevin Jones

The importance of independent advice at Board level

The recent court decision by Judge Gzell on the previous directors of James Hardie Industries generated considerable media attention in Australia for many reasons; a primary reason is that the company is perceived as making its profits at the cost of its employees’ health.  The social and corporate cost of inadequate workplace and product safety management is now clear to everyone, even public policy makers.

Another area of attention has come from how Judge Gzell’s decision has affected the operation of company boards and the roles of directors.  This is hugely important to the big end of town but the rules apply to boards big and small.  In August 2009 Regnan (Governance Engagement & Research Pty Ltd) identified three major points from Gzell’s decision; the third is the one that is most broadly relevant.

“Non‐Executive Directors – Today more than ever, investors need competent directors from diverse backgrounds, and this case highlights the critical role non‐executive directors play in overseeing and interrogating company management.  While the facts of the James Hardie case are very specific and do not create additional responsibilities for directors, it does underscore the value at risk when non‐executives fail to perform their role and highlights the role of independent directors to satisfy themselves through the taking of advice wholly independent of management.” [my emphasis]

The need for independent advice is regularly identified as an important element of effective risk management for all industry and professional sectors.  A board of “yes-men” can do a disservice to an organisation in a very short time.

The OHS professional often seeks a “devil’s advocate” role at senior management level yet to achieve that level of influence one often has to “sell one’s soul to the devil”.  It may be possible to be an independent director who holds strong OHS opinions but one would never achieve such a position unless one could demonstrate business acumen, and business acumen often requires the dilution of principles.

The environmental movement has shown one pathway to corporate influence but it is hard to identify an environmental advocate who has achieved corporate influence while maintaining a grass-roots credibility.  Similarly, at some point in the OHS professional’s career it is necessary to choose between the ideology from which progression has come and the career progression that requires a reinterpretation of that ideology into the corporate mould.

Is it possible to represent core OHS principles at board level without “joining the darkside”?

Kevin Jones

Challenges for US labor unions and lessons for all businesses

Doug Henwood releases regular podcasts of his radio broadcasting and occasionally there is content that provides an interesting perspective on occupational health and safety, as does the 3CR program, Stick Together.  On August 1 2009 Henwood interviewed journalist, Steve Early, author of “Embedded With Organized Labor”. The podcast is available online. The Early interview clicks in at the 38 minute mark.

(A video interview with Steve Early is also available)

Early talks about how difficult the United States union movement has found it to maintain the enthusiastic momentum from 15 years ago.  He says that several industrial relations programs have slowed due to a lack of support from the grass roots or perhaps the exclusion of this sector in the initial planning of the programs.

As with many policy issues in the early period of the Obama government, a lot of interest is being placed on labour relations.  The government has begun discussions with labour leaders but these leaders face the challenge of gaining the government’s attention during the miasma of policy changes and President Obama has clearly stated to labour leaders, according to Early, that health care is his primary policy area at the moment.  The last month has shown the level of the challenge on health care policy.

Steve Early echoes the thoughts of Tom Bramble, an Australian academic analyst of unions, when he advocates an increased role for the rank-and-file union members.  It is in this sector that the passionate values of industrial relations and trade unionism are felt the strongest, often because it has avoided the political baggage that comes with the upper levels of the union movement.

Early reiterates that the best asset for change is an organisation’s membership.  He agrees that there is often a class-divide between the rank-and-file members and union management.  In many large organisations, senior executives are being encouraged to gain a better understanding of their organisations by jumping across the structure to (re)experience the lot of the membership.

Early says that the union movement in the 1930s resolved this by a major reconstruction of unions.  Corporations and conservative organizations are loathe to deconstruct in order to rebuild because, primarily, the executives get too comfortable.  Executives who genuinely understand their organisation, particularly those organisations that are member-based, can rebuild and remain true.

Kevin Jones

© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2026. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd