campaign – Page 33 – SafetyAtWorkBlog

Grandad’s disease

Almost as a follow-on from the Matt Peacock podcast the UK’s Health and Safety Executive has given asbestos the feature slot in its October 2009 podcast that has just been released.

The podcast and accompanying campaign is aimed at the recent tradespeople who may be under the impression that, as asbestos was banned in the UK in 2000, that the hazard no longer exists. This is not the case and the podcast pushes this point.

The podcast also mentions how people panic when there is any risk of exposure to asbestos. Strangely, the speakers say that harm from asbestos is more likely to come from prolonged exposure than from a single fibre. This seems to contrast with the asbestos campaigns of the past and given that symptoms of asbestos-related diseases can appear “out-of-the-blue” decades later, the statement sounds odd.

The HSE podcast can be downloaded HERE.

Kevin Jones

Safe Work Australia Week 2009 begins

The last week of October 2009 is Safe Work Australia Week. The federal OHS authority sets an overall framework for the States’ OHS promotional activities.

A media statement in support of the week, reiterated the statistics –

“More than 260 Australians die as a result of work related injuries and over 135,000 are seriously injured every year.”

Below is a list of the links for each Australian State’s acitivities.

SWAW_generic_WEB

Greens keep fighting ANSTO on nuclear safety

The Australian Greens Senator Ludlam is not resting on his “wins” against the Australian Nuclear Science & Technology Organisation. On 22 October 2009, Ludlam issued a media statement. Some quotes are below:

“If ANSTO believes its record is clean, it should make public the incident reports rather than waiting for the issues to be raised in Senate committees,” said Greens spokesperson on nuclear issues, Senator Scott Ludlam.

Good point. If one places this incident in the realm of workplace safety, the incident still would not become public. OHS authorities usually only make public incident details after prosecution for, probably, sound legal reasons. On OHS principles, issues that have relevance to other worksites should be communicated and, in some cases and industries, safety alerts are issued, but should a public notice be made of each incident that is reported? Probably not as disinterest and complacency would soon emerge.

“The ANSTO statement confuses the issue by referring to imaginary claims of a ‘spill’ and seeks to downplay an incident by noting, “The quantity of medical isotope in the vial was 1/10 of a teaspoon”. The quantity of material exposed is irrelevant: as ANSTO well knows, it is the level of radioactivity of a given sample that matters, not how many teaspoons may have been dropped.

Agreed to some extent. Quantity does not equal risk.

“ANSTO is also aware that there is no safe level of ionising radiation… as confirmed by the National Academies of Science BEIR VII report on “Health Risks from Exposure to Low Levels of Ionizing Radiation“.

There are umpteen instances of arguments over “safe levels” in OHS and environmental management. It is likely that the Australian Greens will become more vocal when the determination of “reasonably practicable” becomes more widely applied throughout Australia. Exposure levels are arguments that cannot be won in the short term and vary considerably as research continues

Whistleblower

“ANSTO’s whistleblower policy states that disclosure of threats to the health, safety and welfare of staff, and/or the general public is in the public interest.”

The environmental sector has relied on whistleblowers for decades – Silkwood, Brockovich, being obvious examples – or at least, relied on those who persist or become obsessed.

The call here by the Greens is likely to have many companies reassessing the application of their whistleblower policy, should they have one. OHS doesn’t usually work through such a policy but it is an approach that may require reanalysis in line with the expansion of OHS law into the traditional areas of public liability.

One would hope that a corporation’s sense of social responsibility would be applied in such worker and public health matters. Given the secrecy over nuclear power leaks and spills at England’s Sellafield plant, an important part of England’s weapons program for many decades, the Greens’ suspicion can be easily understood.

Kevin Jones

Independent Aussie politician forecasts “near riots” on OHS

Rob Oakenshott is an independent politician in the New South Wales parliament, He was formerly a representative of the National Party. Oakenshott is one of the first Australian politicians who are not directly involved in the program of OHS law harmonisation to raise any concerns.

What spurred him to speak was a recent case in the High Court of Australia centring around NSW’s absolute OHS duty of care. Comments from the Allens Arthur Robinson newsletter say:

“The matter will present an opportunity for the court to determine whether the interpretation of the duties under the OHS Act is so restrictive that it makes it impossible for an employer to comply with them and practically removes the benefit of the statutory defences. The issue of the difficulty of complying with the legislation is something that the defendants have submitted runs counter to the rule of law and the Constitution.”

Oakenshott stated in a media release (not yet available on his website):

“I am also concerned that aspects of NSW state legislation such as the absolute liability elements are being considered by the Federal Government,” he said. “Having been involved in state politics for fifteen years, I can assure the government they will have near riots on the streets from the small business community of Australia if they mirror NSW legislation in the quest for harmonious national laws.”

This would be the first time that OHS would ever have raised the passion of Australian small businesses to this extent. A survey produced for the ACTU (considered to be representative of the general population by the research company) quoted the following statistics:

67% believe that workplace safety is important, but only 40% see it as “very important”.

Kevin Jones

Safe Work Bill, suitably qualified and professional plans

Dr Geoff Dell of Protocol Safety Management and a prominent member of the

Safety Institute of Australia (SIA), believes that the most crucial issue facing the safety profession in Australia is the lack of the requirement to use a “suitably qualified” safety adviser.

The Australian Government was recommended to include such a requirement in its draft OHS model laws but rejected the recommendation because

“an unintended consequence could be that persons conducting a business or undertaking would be encouraged to delegate their responsibilities”.

This is odd because the Safe Work Bill includes seemingly clear duties:

“The person who has management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are safe and without risks to the health of any person.”

Unless the “suitably qualified” person (undefined in the Safe Work Bill) is also the “person who has management or control of a workplace” who has to ensure safety, it is hard to see how the Government’s concerns about abrogated responsibility are relevant.

Dr Dell wrote to the Workplace Relations Minister, Julia Gillard, on behalf of the SIA.

“Our motivation for urging you for inclusion of a “suitably qualified” requirement in the model OHS legislation should not be misinterpreted as any desire on our part to diminish or eliminate the equally important requirement for companies to consult their workers, or the workers’ elected representatives, on issues and decisions relating to the workers’ health and safety. Collaboration of employers and workers in the delivery of appropriate workplace health and safety outcomes is an essential precept.

Rather, it is our strong view that when those workplace collaboration processes need the OHS advice of others, there is an important need to ensure the persons providing that advice have the appropriate credentials to deliver that advice to the maximum benefit of those involved at the workplace.”

The argument is repeatedly expressed as a comparison between a suitably qualified safety advisor and doctors or plumbers or other licensed or registered occupations. But the Government has twice now indicated that it sees no the risks of abusing such a formalised position outweigh the benefits – the first in not accepting a review panel recommendation and second by omitting the issue in the Safe Work Bill.

Should the safety profession, as a whole, continue to push the issue with an unsupportive government or should it accept that the battle is lost and begin a Plan B? A plan where, perhaps, the market begins to demand certainty about the skill level of their safety advisors to such an extent that a scheme of accredited safety professionals is an indispensable business resource?

This may be the tactic of the SIA in its support of an elite level of safety professional who must have a tertiary OHS qualification. It is certainly devoting considerable resources to the program, supported by hundreds of thousands of dollars from WorkSafe Victoria. The caveat of this approach is that the SIA gets control of the profession.

This is not the case with the professions with which the SIA likes to compare itself. Those professions have independent assessment bodies, ethics bodies and sometimes industry/profession ombudsmen.

What the safety profession needs to counter is the argument that the Government has accepted from somewhere, that business is highly likely to push its OHS responsibility to others if it can. The profession, and the SIA, needs to convince the Government that business will accept its OHS duties.

Dr Dell told SafetyAtWorkBlog that the Safe Work Bill has been written for lawyers by lawyers and seems aimed at what to do after an incident has occurred. It is about harm minimisation and not safety. He says that the preventative aim of OHS legislation has been severely diluted. In this he echoes some of the SafetyAtWorkBlog position that the new laws are not about safety management but about safety law, and have little bearing on the shop floor where hazards are most often faced and controlled.

It is also important to remember that OHS law was intended to be a law that could be understood by the layman and implemented by the layman. The new Safe Work Bill will be incomprehensible to anyone other than lawyers and even then, as seen from recent blog articles about Mike Hammond, Michael Tooma and others, the lawyers are unlikely to agree on interpretation and application.

Kevin Jones

[Note: Kevin Jones is a Fellow of the Safety Institute of Australia]

Increasing risk of silicosis in the majority world

Australian safety expert and activist Melody Kemp reported from the annual meeting of the Asian Network for the Rights of Occupational Accident Victims (ANROAV) that was held in late September 2009 in Phnom Penh.

The meeting featured many stories about the increasing risk of silicosis in Asia. Melody writes in the 27 September edition of the blog “In These Times”:

“Silicosis afflicts workers working with gems, ceramics, rock blasting, drilling and crushing, and mining. It haunts unprotected workers in glassworks, mines and foundries, as well as those who live within reach of the dust. It’s usually fatal by the time it is diagnosed.

Largely eradicated in the economic North, silicosis is now the scourge of the Global South. Millions die from the illness each year.”

The size of the growing occupational and community threat is frightening.

“China alone reports over 100,000 new cases of industrial lung disease per year, and has more than 4 million existing cases. And those are just the official figures. Even industrially advanced South Korea sees over 1,000 new cases of occupational chest disease each year, reported Dr. Domyung Paek, a pulmonary specialist from Seoul National University.”

Melody has contacted SafetyAtWorkBlog asking for assistance in attracting occupational medical experts to Cambodia and other countries undergoing rapid industrialisation. She can be contacted by clicking HERE.

Kevin Jones

Safety Leadership push in Queensland

Expect quite a few OHS statements coming from Australian politicians as the country approaches Safe Work Australia Week in late October 2009.

On 16 September 2009, the Queensland Attorney-General and Minister for Industrial Relations, Cameron Dick, sought support for a

“…groundbreaking new program to reduce workplace deaths and injuries.”

Groundbreaking? Not sure. Perhaps for Queensland.

According to his media statement the “Zero Harm at Work ” program “aims to reduce the shocking number of deaths and injuries in Queensland workplaces.” Dick goes on to say

“Ensuring safety in the workplace is one of the most important challenges facing industry in Queensland… Every year around 100 Queenslanders are killed at work and 30,000 people suffer serious injuries or work related diseases. The cost to our State of these tragic deaths and injuries is more than $5 billion a year. And worst of all, mums, dads, husbands, wives and children are left mourning the family member that never came home from work.”

Dick hits the right targets in the media statement but does safety leadership, particularly these types of programs, stop incidents from occurring in the workplaces?

Or is the effect of these programs to have senior executives feel that they are reducing injuries because they are talking about safety?

SafetyAtWorkBlog has long believed that safety awareness does not necessarily equal the reduction of workplace injury and illness. “Zero Harm” cannot be achieved without financial cost and it is unclear whether industry is willing to invest the amount of money required to genuinely achieve this aim.

But then if “zero harm” is only a goal, an aspiration, then it doesn’t matter if it is not achieved “at least we tried”. (Or the total cynic would say “at least the voters saw that we tried”)

There are sure to be more such statements and launches in the next six weeks. SafetyAtWorkBlog will be looking for evidence not aspirations.

Kevin Jones

Category: campaign

Grandad’s disease

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Safe Work Australia Week 2009 begins

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Greens keep fighting ANSTO on nuclear safety

Whistleblower

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Independent Aussie politician forecasts “near riots” on OHS

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Safe Work Bill, suitably qualified and professional plans

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Increasing risk of silicosis in the majority world

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Safety Leadership push in Queensland

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Whistleblower

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