OHS crime alert

Media     -0x1.8b5ce0p-63lert-            52392336nal[1] - crimeIn late June 2009, WorkSafe Victoria tried a new approach to raising the awareness of the criminal status of OHS breaches through producing a formatted media alert and placing an ad in the daily newspapers.

It is unclear how else the “flyer” will be distributed other than through the WorkSafe website.  Indications are that a hard copy of the alert for distribution through WorkSafe offices is not planned.

The ad, pictured right, refers to the prosecution of Rapid Roller over the second serious lathe incident at that workplace in 12 months, the most recent resulting in a death.

Kevin Jones

Root Cause and Camels

In tertiary risk management courses, one is urged to look for “contributory factors” to an event.  An event can be a specific action or failure but a good investigation looks at the factors that led, or conspired, to the failure – “contributory factors” – as well as the failure itself.

For example, a common phrase is “the straw that broke the camel’s back” meaning a specific event that caused damage.  The common application of this phrase focuses on a single event in an already overburdened situation.

However occupational health and safety (OHS) expands this single event over time and work to analyse the cumulative effects on the camel of carrying innumerable straws.  It just so happened that one particular straw broke the camel’s back.

OHS is also about the cumulative effect of hazards on a company’s health.  There are a multitude of camels and a multitude of straws but the focus remains the same – investigate the combination of issues or hazards that culminated in an injury, event or disaster.

Decades ago investigators would look for a “root cause”, a phrase rarely applied in the technical discipline now but one that remains in common parlance.  However, root cause is not something that OHS professionals should forget or ignore.  A root cause can be an aim of an investigation but not one that dismisses other possibilities.  This may be why the term is out of vogue because it implies a fixation, an “Ahab”, which is a perspective that leads to very poor decision-making in all of the areas of work, business and life.

Kevin Jones

Integrating climate change impacts into OHS and business management

Today the European Policy Centre in Brussels released the report Climate change: Global Risks, Challenges & Decisions. The findings of this report do not directly affect workplace safety but do indicate new ways in which businesses must manage the economic and social hazards that climate change produces.  These new ways of management must be anticipated and understood by OHS professionals.

Synthesis Report Web coverThe report says that

“Linking climate change with broader sustainable consumption and production concerns, human rights issues and democratic values is crucial for shifting societies towards more sustainable development pathways.”

The need for integrated management of business has never been greater.  The common threat of climate change can only be met with a business strategy that embraces the reality of the threat and has this reality on the table of all business discussions – a desire that many professionals have also been pushing for OHS for years.  The boardroom and management tables are becoming full of issues that some see as competing but are in truth complementary.

The report discusses two types of action that can be taken.  Businesses that produce large amounts of carbon should be well involved with mitigation measures and the political policy frameworks.  Other businesses can benefit substantially from adapation, that is

“…whereby society increases its capacity to cope with the impacts of climate change, so far as possible.”

The report gives developing countries a particular focus for adaptation but the concept is equally relevant, and perhaps more easily implemented, in Western countries.

“Adaptation to climate change cannot be successfully implemented if treated as an “add on” and implemented separately from other initiatives aimed at fostering economic and social development and increasing the resilience of societies.”

Climate change is altering the statistical possibilities of worst-case scenarios.  The one-in-a-million is becoming the one-in-a-thousand.  The once-in-a-hundred-years is becoming once-in-a-decade.  The rapidity of change and the greater extremes and fluctuations of these events are changing the way projects are handled, costed and managed.  These fluctuations will challenge the way that safety is managed and are broadening the scope of the profession.

OHS needs to be seen as a discipline that is as multi-faceted as risk management, as human as human resources and as responsible as corporate social responsibility.  The OHS professional will remain focused on the safety of employees but what used to be on the periphery is now moving to the centre – climate change, business continuity, infectious disease pandemics, travel, risk management, shareholder expectations, quality, auditing, governance and accountability, to name a few.

And none of these issues can be dealth with without an integrated and adaptive approach, an approach that can provide more wide-ranging social benefits than ever before.

Kevin Jones

Resilience, stress and safety management

The July 25 2007 SafetyAtWork podcast is now available for download.  It includes an interview with Michael Licenblat where we discuss the psychological approach to individuals taking control of their own safety, the benefits of wellbeing programs and the changing workplace.

On listening back to the podcast today, I was struck by several issues he raises:

  • Michael is one of the few wellbeing gurus who directly link the management of stress to the productivity of the worker.  He displays more awareness than many others of the “proactive” OHS context of this approach to human capital.
  • He discusses why it is difficult for all of us to say no to some work tasks, even if  the task is high risk and may injure ourselves and others.
  • He states two core elements of workplace cultures that seem to revolve around the established OHS obligation of consultation.  Perhaps OHS managers can become real agents of change by cranking up consultation.

Kevin Jones

BHP, swine flu and leave entitlements

Many OHS professionals and business gurus state that safety leadership must come from the top of the corporate tree.  BHP Billiton received some rare positive press on 16 June 2009 concerning its OHS policies.

According to Mark Hawthorne, BHP CEO Marius Kloppers has revealed he is battling “pig flu”, in his words.  This seems to have generated a flurry of OHS activity.  Sadly the best OHS practice was not mentioned, which would be to send the infected CEO home.

Hawthorne’s article identifies several BHP swine flu actions:

  • non-essential trips have been cancelled;
  • executives who must fly are being provided with Tamiflu;
  • cleaning shifts have been increased;
  • telephones, keyboards, rest rooms and public areas are being disinfected more regularly; and
  • bottles of alcohol-based hand sanitisers have appeared.

SafetyAtWorkBlog is seeking clarification from BHP Billiton on a number of points.

It is hoped that these measures were not generated only by the CEO comments but were already in place, particularly, following previous incidents with SARS and even avian influenza.

Any measures should be supported by staff consultation that involves more than a notice on the board or an email in the intranet.  Many of these measures generate as many questions as they hope to answer and there should be information sessions for those who wish more detail.

Indeed one of the basic employment issues that always comes up in discussions about pandemics is leave entitlements.  The importance of brainstorming pandemic planning can be illustrated by an article in The Australian, also on 16 June 2009.  The ACTU believes that unpaid leave should not be applied if a worker needs to be absent from work due to influenza, even if the worker themselves are not ill.

The ACTU has told SafetyAtWorkBlog that the following motion was passed at last week’s ACTU Congress

that Federal and State governments should bring together peak union and employer groups to establish guidelines for handling the pandemic. These would:

  • ensure workers and their families are not financially disadvantaged by the outbreak;
  • provide employers with useful information and procedures to deal with any suspected cases of swine flu in the workplace;
  • ensure persons who are in isolation as a consequence of swine flu are not discriminated against or disadvantaged in their employment; and,
  • educate the community about the disease to stop misinformation, panic and help in the overall strategy to slow down the spread of the disease during the winter months.

One of the criticisms that SafetyAtWorkBlog has expressed about many influenza advice sites is that control of the hazard at work is not being seen in the context of occupational health and safety.  This was the case with www.fluthreat.com.

Sadly, influenza information from OHS regulators is of dubious value and application, in many instances, and the regulators have not been promoting their advice.  Very little OHS traction has been gained on the pandemic, even when the unions make the point to the media, as the ACTU did with The Australian newspaper.  The Australian’s article did not mention the following, and sensible, ACTU advice:

“Employers owe a duty of care to workers to provide healthy and safe workplaces as far as reasonably forseeable(sic) [and] the swine flu outbreak has been highly publicised and is reasonably forseeable.”

Let’s hope that the BHP Billiton control measures are part of an integrated OHS/pandemic plan and not a reflex action to please the boss.

Kevin Jones

Corporate health adviser’s recommendations on swine flu

Recently SafetyAtWorkBlog wondered why the ACT OHS Commissioner referenced a commercial website instead of a government authority.  The commercial website was www.fluthreat.com operated by HSA Group which since early April 2009 is part of Medibank Private.

Fluthreat.com.au provides information on its Flu At Work page that is very flimsy and seems to be  intended to generate further enquiries to its commercial advisory service.  We’re not comfortable with that or the lack of badging from the parent company but…….

SafetyAtWorkBlog put some questions to HSA Group/Medibank and received the following responses from their media advisor over a week later.  We could be picky but we have decided to let the responses speak for themselves.

The questions were based on the bulletpoints listed on the Flu At Work page in order to flesh out the advice to a more practical level.

What does HSA Group recommend for basic personal respiratory hygiene methods?

HSA’s fluthreat website covers basic respiratory hygiene considerations.  Personal habits that we all should adopt include covering mouths when coughing and sneezing, using tissues and disposing of them properly, and regularly washing of hands.

In this time of swine flu, is the old way of throwing tissues in a waste basket no longer the right option?

Using a waste basket is fine.  The important thing is the waste is disposed of appropriately, and the waste basket does not require excessive handling in the disposal process.

Handwipes and gel have issues of their own – should they be applied after handwashing or instead of, should they be used after each sneeze or cough? What does HSA recommend?

Considerations of personal  hygiene should be a regular occurrence – not just simply after each sneeze or  cough.  Handwipes and gels are for occasions when you can’t wash your hands – it is not necessary to use both.  Handwipes and gels should be alcohol based, which has been shown to be effective in killing influenza type viruses.

Regarding adequate cleaning of surfaces and equipment, should this be undertaken by the users of the equipment or should cleaning contractors be contacted in order to upgrade their processes?

Unfortunately there is no one simple answer to this question.  Every business operates differently, and therefore will require a different response to a pandemic.  We encourage all businesses to have a pandemic plan, which will guide the business wide response.

Certainly cleaning of surfaces and equipment should be considered in the context of an organisation’s pandemic plan, and may include having staff take additional care for hygiene and cleaning, or having cleaning contractors upgrade their processes.  The appropriateness of such considerations are linked to the pandemic phase & an organisation’s response strategy in the context of their pandemic plan.

Regarding telephones, which are the closest item most office workers have to their mouths, years ago there were phone cleaners who  physically came to the office to clean and disinfect  handsets. Would HSA recommend this service be reinstated?

These services are still available for businesses who want them.  Alternatively staff can be trained to do it themselves with alcohol based wipes.  Again the specific needs of businesses will vary, and cleaning of telephone handsets should be set out in the pandemic plan.

In a closed environment, such as an office, where possible, should ventilation be increased by opening a window?  Some office buildings turn off they ventilation overnight even when nightshift workers are in the building.  Does HSA believe that nightshift workers could be at increased risk of contracting influenza?

Ventilation is important in workplaces, and not just due to swine flu. Where windows can be opened without affecting the air-conditioning flow this will help with ventilation. Air conditioning should remain on if people are present in the building.  However there is no evidence that nightshift workers are at an increased risk of contracting influenza – it is the behaviour of workers and their levels of personal hygiene that are the strongest influence on this.

Regarding encouraging sick persons to stay at home, why only “encourage”, when  employers have the legislative obligation to not place their employees at risk? What if the employee has shown no symptoms of influenza but may be infectious due to contact with a family member who is sick?

Employers should have policies in place that articulate how staff should  behave in such circumstances, and ideally a plan that covers pandemics specifically.  There is only a very small risk of people being infectious prior to symptoms appearing.

Sending workers home after the illness has appeared is an acknowledgement that illness is already present in the workplace.  In this instance, what would HSA advise the employer to do?

Employers should continue to activate their pandemic plan, which will trigger workplace specific staff communications and contingency plans.

Does HSA recommend the wearing of facemasks as a suitable control measure for anyone who may come to work sneezing (for whatever reason)?

Facemasks can be very helpful in controlling the spread of respiratory diseases.  However it should be noted that a sneeze does not necessarily equate to H1N1 or seasonal influenza.  A diagnosis of suspected H1N1 or seasonal influenza requires consideration of a number of other factors.

Regardless of the further information from HSA Group/Medibank, SafetyAtWorkBlog still recommends that the best advice is available from the relevant health authorities in your State or country.

Kevin Jones

Workplace safety insurance – podcast

Douglas_A 2Recently I interviewed workplace lawyer, Andrew Douglas, pictured right, while researching an article concerning the application of statutory liability insurance policies to workplace safety management.

SafetyAtWorkBlog is pleased to provide our latest podcast which includes my interview with Andrew.  The interview provides simpler information on the statutory liability issue but also, and perhaps more importantly, we discuss how business perceives the role of insurance  in managing safety and risk.  We also contemplate the impact of such insurance on OHS regulators’ enforcement policies.

 

Kevin Jones

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