Forklift death and safety posters

Twelve days in 2010 and Victoria has experienced its first workplace death and it was due to the use of a forklift.  A 60-year-old man was crushed after a load being removed from a truck by forklift fell.

According to WorkSafe Victoria:

“…the man was guiding a forklift driver who was to remove the computer equipment weighing some 200kg and standing about 2m high, from the back of a semi-trailer.  The equipment was on castors and not mounted on a pallet.”

As part of WorkSafe ongoing campaign on forklift safety, it has issued two safety posters.  Originals should be available through the local WorkSafe Victoria offices.

HSE Chair’s review of 2009

Judith Hackett, Chair of the UK Health and Safety Executive (HSE), reviews the performance of the agency in the December podcast produced by the agency.  Transcript is available online

The podcast provides a positive outlook for the HSE which one would expect.  Hackett talks about the need for the HSE to dispel the myths that have been promoted throughout the media and the lack of credibility of the regulator discussed by many in the UK, such as Jeremy Clarkson.   Continue reading “HSE Chair’s review of 2009”

OHS debate is over, says Deputy PM

Deputy Prime minister and Workplace Relations Minister, Julia Gillard, has told the Australian Financial Review (only available online to subscribers) that the OHS law changes were finalised at the recent Workplace Relations Ministers’ Council.

Gillard again rejected the trade union movement’s concerns about weakened worker protection.  The Minister emphasised that substantial economic benefits would flow to business as a result of increased administrative efficiencies.

However, the likelihood of a nationally harmonised OHS system seems as far away as ever with the West Australian Government continuing to refuse to apply the new laws which it sees as too friendly to the unions.

Significantly, the Australian Government has backed down from its earlier threat to penalise any governments that do not support the changes.  This lets the WA Liberal Government off the hook and provides the New South Wales Liberal Party with an easy platform option for the 2010 State election.

The conservative forces in Australia can take heart but Minister Gillard’s position has the union movement facing difficult decisions.  It has strongly funded a campaign against elements of the OHS laws and branded the laws as “second-rate safety”.  It now needs to decide whether to give up the campaign totally as a lost cause or to pare it back so that, over time, the campaign fades away, as did the industrial manslaughter campaign of around five years ago.

The ACTU has expressed disappointment but must have realised, privately at least, that some union powers, considered to be extreme by business and industry groups and over which the business complaints have been load and long, were going to be sacrificed in any harmonisation process.

Former Prime Minister and ACTU President Bob Hawke achieved many industrial relations reforms in the early 1980’s by pushing “consensus”.  This negotiation process had strong similarities to the current OHS harmonisation however big C Consensus is now rarely spoken by the Australian trade union movement.  One of the few contemporary outings was when current ACTU Secretary Jeff Lawrence, who expressed the disappointment above, speaking about industrial relations said on 14 June 2007:

“I’m tough enough but I’m also a person who likes to work by consensus”.

To operate constructively at the big tripartite table of OHS, the unions will need to accept a defeat and gain whatever they can from the new rules.  This is doubly important in the lead-up to the planned harmonisation of workers compensation.  Australia will see some fiery union rhetoric when harmonisation threatens to reduce the income and entitlements of workers who are already injured.

Kevin Jones

OHS law and safety management

Regular readers will be aware that SafetyAtWorkBlog holds the belief that OHS legislation is not the same as managing workplace safety.  Safety can be managed without recourse to law (this is what many mean when they say that “safety is just common sense”) but legislation provides some parameters in which that management occurs.

The Australian Council of Trade Unions has issued a call for tougher OHS laws and used workplace fatality statistics as the basis.  Tying the two issues together serves a political purpose but avoids the fact that a range of economic, political, social and even environmental issues can affect how workplaces manage safety.

The media statement issued on 11 December 2009 says:

“A sharp rise in work-related fatalities last year shows that proposed new workplace health and safety laws need to be strengthened, not watered down, say unions.

There were 177 fatal injuries in workplaces in 2008-9, according to newly released statistics from the national regulatory body, Safe Work Australia. This is an 18% increase from the previous year…. [hyperlink added]

ACTU Secretary Jeff Lawrence said the increase in fatalities was disturbing at a time when proposed changes to Australian workplace safety laws would result in a weakening of protections and rights.

“A double-digit increase in workplace fatalities in one year is shocking,” Mr Lawrence said. “Each of these victims is someone’s partner, parent, son, daughter or friend.  The Federal, state and territory governments will make significant decisions about new national health and safety laws today.  If any evidence was needed that requirements for employers to provide a safe workplace need to be toughened, this is it. We urge the federal and state governments to make workers’ safety their highest priority.”

The ACTU is doing what it should by serving the needs of its members but the push for union prosecutions of OHS breaches is only one part of its social charter.  The aim of improving safety can be best achieved by motivating union members and establishing a dialogue with the general community, which includes business, small and large.

Is the day far off when we may see joint statements from unions and employer groups on the issue of workplace safety?  Can politics be put aside for the benefit of improving safety?  Comments welcome.

Kevin Jones

Tripartism and new/old politics

The future of Australian OHS legislation relies on tripatism, discussion and, hopefully, consensus.  In early December 2009, the most recent Liberal Party leader, Tony Abbott, appointed Eric Abetz to the opposition portfolio of workplace relations.  According to a media statement released on 8 December 2009,

“Employment is a vital social and economic portfolio area. Balancing the competing interests to ensure maximum employment levels with acceptable working conditions, is always the challenge”.

“The Coalition fully accepts the verdict of the Australian people at the last election that WorkChoices is dead.  However, in defeating WorkChoices, the Australian people did not vote to reinstate the extremism of some in the Union movement”.

“Labor has deliberately strengthened the hand of Trade Union officials as a clear payback for bank rolling Labor’s election campaign”.

Yes, Abetz and the Liberal Party are not in power at the moment and the political pundits say this may not occur for some years.  But the hard attitude toward the union movement is not likely to help the development of OHS legislative reforms whether in power or opposition.

Kevin Jones

A good book of safety solutions case studies

Australia has many safety awards programs.  SafetyAtWorkBlog has reported on some of the practical solutions from the awards and lamented how the prominence of such solutions fades quickly as the mainstream media ignores them.  The blog has also shown examples of a hard copy solutions database that existed in Victoria and Australia for a couple of decades.

The European Union’s Agency for Safety and Health at Work has recently released, online, a publication in support of its risk assessment campaign that shows how safety solutions can be presented and shared without worrying about commercial-in-confidence or intellectual property.

Jukka Takala, Director of EU-OSHA, says in his foreword

“This report supports the campaign by providing information on successful interventions in the workplace illustrating how the hazards identified after a risk assessment can be eliminated or controlled. The report is aimed at those who are responsible for carrying out risk assessments in the workplace and for preparing decisions on risk elimination or control measures.”

The report, “Assessment, elimination and substantial reduction of occupational risks“, also provides a list of some very useful elements for preventative safety

“The employer shall implement the measures (necessary for the safety and health protection of workers) on the basis of the following general principles of prevention:

(a) avoiding risks;
(b) evaluating the risks which cannot be avoided;
(c) combating the risks at source;
(d) adapting the work to the individual;
(e) adapting to technical progress;
(f) replacing the dangerous by the non-dangerous or the less dangerous;
(g) developing a coherent overall prevention policy;
(h) giving collective protective measures priority over individual protective measures;
(i) giving appropriate instructions to the workers”

The report is very useful in its clarification of the role and potential benefits of risk assessment.  Each solution is described, in detail, as a case study and the report includes guarding issues, manual handling and psychosocial hazards.  On the latter category, here is the summary for psychosocial hazards in hospitals

“Stress in hospitals – assessment of psychosocial and physical risks

Hospital work is known to be physically and psychologically demanding.  A pilot project was therefore set up in a hospital with 470 employees to assess workplace risks and organisational aspects.  The workers were exposed to physical strain, risks from chemical and biological agents and psychosocial strain.  They were also stressed by administrative tasks. After the assessment the results were analysed, action plans drawn up and measures implemented.  Risk assessment became a standard part of quality and health management systems, including training.”

One of the particularly interesting element in this program was that one of the first sources of information it used was quality management documentation.  Quality management is one of the most under-utilised sources of OHS and strategic planning data.  As long as quality managers do not perceive quality as a business element above that of safety, environment or any other, as long as they accept that each element is of equal importance in integration of management system, the quality data will be indispensable.

The quality data is followed up by interviews with middle- or line managers, questionnaires and observations.

Of all of the control measures, this organisational change was very clever:

“The administrative tasks, in particular, were perceived by the nurses to be distracting and onerous.  They felt that paperwork kept them away from important care work.  Consequently, administrative tasks were delegated to the night shifts, where there was more time to devote to them as the amount of care work fell at night.”

This looked at workload in a peak/off-peak context that fits with the natural rhythm of the clients.  The paperwork night-shift may be a suitable solution for other workplaces and the night-shift workers may have increased productivity due to the lack of distractions.

EU-OSHA keeps producing reports and publications that call out for a broader readership than Europe and this is a great example.

Kevin Jones

Union continues pressure on asbestos as an urgent public health issue

Following on from Asbestos Awareness Week, an ABC media report on 3 December 2009 says that the Australian Workers Union is continuing to apply pressure to the Tasmanian Government and Cement Australia for testing of former employees  and local residents for exposure to asbestos.

An epidemiological study of former employees has been agreed to by the company and is being conducted by Monash University.  Dr Yossi Berger of the AWU wants the study to be expanded to residents.

The logic is sound, particularly in Railton where the entire community has been exposed to asbestos production and products over decades.   Asbestos should be considered as more than a work-related hazard.

The union position on this pernicious substance received recent support from Matt Peacock’s book “Killer Company” that brought to the public’s attention the issue of asbestos bags being used in carpet underlay over many years.  Peacock says that cases of mesothelioma that just appear without any direct link to asbestos-handling , use or manufacture could come from unsuspecting exposure to asbestos in seemingly innocuous sources, such as underlay.

The union must be fairly confident that the results of any study will provide incontrovertible proof of the spread of the asbestos hazard, so that there can be some “oomph” behind a broader public campaign.  As mentioned at a recent Asbestos seminar, the evidence may exist but it needs to be translated into a format that the national decision-makers will accept and cannot contest.  Then large-scale improvements are possible.

Kevin Jones

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