Farmers creating dis-harmony in OHS legislation

Australia is undergoing a process of national harmonisation on workplace safety legislation.  The government has played down the chances of  State jurisdictions creating exemptions to, or variations of, OHS law.  The message was that we are all “singing from the same song sheet”. 

Even before model OHS legislation has been approved, the New South Wales Farmer’s Federation has wangled an exemption from the driver fatigue legislation in that state.

According to the President of the NSW Farmer’s Federation, Jock Laurie, the fatigue law was not about reducing or removing fatigue from the transport industry, it was about 

“bureaucrats finding other ways to make life difficult for people”.

He is willing to even go on the record with the statement – Jock Laurie

As farmer and outspoken conservative Senator Bill Heffernan, said in Parliament on 22 September 2008, the legislation

“is designed to make driving safer and the work conditions better for drivers in Australia, and to harmonise the laws across the states.”

Yet he goes on to support the call for an exemption which results in weakening the harmonisation process.

It seems that farmers who drive trucks long-distances over many hours, particularly during harvest-time, do not have any relationship to the transport industry.  The situation will now be that a petrol tanker driver on a country highway can operate under one set of national OHS and transport rules and a farmer delivering grain to a port operates with an exemption – all because maintainign a log book is unnecessary red tape!

This threat to the harmonisation process should have been jumped on by the Federal government.

However, it has to be said, that inadequate transport infrastructure investment has lead to the closure of country rail lines and increased the need for farmers to transport produce by road, thereby increasing the road risk to rural communities.  Perhaps the farmers’ lobby groups realise they can’t change the big picture so are aiming for little targets.

Kevin Jones

Safety conference protest

Janet Holmes a Court speaking at the Safety In Action Conference 2009  

 

 

Janet Holmes a Court speaking at the Safety In Action Conference 2009

On 31 March 2009, Australian trade unionists (pictured below)  protested outside the Safety In Action Conference.   The crowd was objecting to the presence of Ms Janet Holmes a Court, the chair of  John Holland, as a keynote speaker.  As Dave Noonan, CFMEU Construction Division national secretary, put it

“It is an outrage that a company with a dismal safety record is the key note speaker at a major safety conference,” Mr Noonan said. “John Holland needs to stop talking about safety and start working with the unions to make their worksites safe.” 

Many of the conference delegates who were attended a breakfast seminar were oblivious of the protest outside.  According to a media statement from the Safety Institute of Australia national president, Barry Silburn

“We share the same goal as the unions – to bring safety failures into the public arena and work towards preventing more deaths – so we wholeheartedly support their efforts and were pleased to see them at the conference today,” Mr Silburn said. “We certainly don’t condone the systems failures at John Holland. Janet Holmes a Court’s presentation was an opportunity to hear what went wrong and of her plans to improve those systems. She acknowledged that John Holland had made mistakes and gave delegates the opportunity to learn from them.”  

Recently, the trade union movement has become more strident in its protests about John Holland’s move to the national workers compensation scheme, the only construction contractor to choose this option.  The union argues that safety on John  Holland sites has deteriorated since the move.  They also complain over John Holland restricting union access to their worksites.

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Nanotechnology safety campaign (with Interview)

On 18 March 2009, Steve Mullins the OHS Officer with the Australian Council of Trade Unions presented a paper on nanotechnology hazards to the “Science Meets Parliament” forum.  His concerns over worker safety are not shared by the nanotechnology industry as media reports show but, as Steve points out, nanotechnology hazards have some interesting parallels with asbestos.

Below are the concerns that Steve has over the nanotechnology manufacturing industry in Australia:  

  • No regulatory acceptance that nanomaterials are more hazardous
  • No nano specific risk assessment or controls mandated
  • No nano specific monitoring equipment 
  • No nano specific MSDS
  • No exposure levels
  • No labels
  • No requirement to inform
  • No health surveillance
  • No training
  • No nano specific PPE
  • Where nano specific risk management applied or promoted, end up trying to apply controls designed for larger material anyway
  • There is no coordinated approach

An exclusive interview with Steve is available by clicking HERE.

Amanda Barnard

In 2008 Australian theoretical physicist Amanda Barnard was awarded the L’Oréal Australia For Women in Science Fellowship.  Barnard is developing computational tools to predict the behaviour of nanoparticles in the environment.

An video report about Amanda Branard  is below.

April 28 – Workers’ Memorial Day

memorial-poster-2009This annual event seems to receive more attention in Europe than elsewhere although over the years several Australian capital cities have erected workers’ memorial stones.  It is usually here that ceremonies occur.

I always attend these services in my own right as it helps to keep me grounded as I wade through risk assessments, policies, consultations, and other safety ephemera.

One of the chilling parts of the service is always the reading of those who have died over the previous twelve months.  This has echoes of the 9/11 recital each year but for the worker memorial there is a new set of names each year and a new set of families and a new round of grieving.

Please check your local town and city activities lists and attend this year’s event.

In support, the UK’s Hazards magazine has produced a simple but effective poster that can be downloaded.

Kevin Jones


Union influence on OHS – interview with Professor Michael Quinlan

Professor Michael Quinlan of the University of New South Wales believes that the influence of Australian trade unions in improving OHS conditions should not be underestimated or past achievements, forgotten.  

In talking with Kevin Jones in a recent podcast, Quinlan said that the persistent accusation of unions using OHS as an industrial relations tool is “largely an ideological beat-up”.  Although he does believe that Australian trade unions have not pursued workplace hazards to the extent they should have, even with the impeding launch of a campaign on cancers. 

Professor Quinlan mentioned that

“most health and safety management systems are, in fact, largely management safety systems.  They not deal a lot with health….. Their KPIs [Key Performance Indicators] are always expressed in terms of zero-injuries or zero-harm.”

 He also emphasised that that more Australian workers are killed as a result of occupational disease than injury.

He also addresses the growing demand for occupational health and safety regulation to move from industrial relations to the area of health.  Quinlan believes this will never happen because matters to do with employment, organisational restructuring and others have an OHS impact.  He says that running OHS as “an entirely separate agenda…is intellectually and factually flawed.”

Quinlan acknowledges the argument that Robens-style legislation was relevant for the time and where union-presence persists but he said

“where you don’t have effective or worker input, you will have serious problems with health and safety”.

He reminded us that Roben’s also advocated self-regulation, a concept of which there is now great suspicion in a range of business areas.

Quinlan spoke highly of some of the initiatives of OHS regulation, for instance, the adaptation of the inspectorate to duty-of-care matters and a broader operational brief. He also said that the current OHS legislation in Australia “is the best we’ve ever had” and believes some of the recent criticism needs to be supported by evidence.  Also none of the critics have proposed a viable alternative.

Professor Quinlan is a keynote speaker on Day 3 of the Safety In Action conference.

Kevin Jones

Note: the author assists the Safety Institute in the promotion of the Safety in Action conferences.

Safety promotion needs backup

vwa-billboard-2008-0022

WorkSafe Victoria has had considerable advertising success by focusing on the social impact of workplace injuries and death.  In the newspapers and television over Christmas 2008, WorkSafe ads, like the billboard above, were on high rotation but, after the high number of workplace fatalities in January 2009, the strategy must be needing a review.

In terms of OHS promotion generally, branding and awareness strategies are valid however, when the messages of the strategies continue to be ignored, alternatives need to be developed.  The fatality figures imply that family is “the most important reason for safety” but only for a short time or in limited circumstances.  When you return to work the work environment or your approach to the work tasks are worse than before Christmas.

The reality of advertising is that it is often cheaper to raise awareness than change the behaviour of clients, in terms of OHS, this would be both the workers and the employers.  Raising safety as a business priority requires considerably legwork by regulators on-site and through industry associations.  Few OHS authorities around the world seem to be applying hands-on approaches to the extent required.

Part of the reason is that trade unions used to be the shopfloor safety police, as anticipated by Robens in the early 1970s, but trade union membership is at record low levels.  The deficiency in the safety profile on the shopfloor or at the office watercooler is not being picked up by the employers.

Media campaigns are the public face of safety promotion but they should not be a veneer.  Regulators need to provide more information on the alternative strategies they already employ, or plan to introduce, so that promotion is not seen as an end in itself.  

Direct business and CEO visits have been used in the past but given up because these were short term initiatives.   In Victoria, high level visits by regulators to CEOs, board members and directors had a considerable impact in the 1990s but there was no follow-up strategy to maintain that profile.   Ten years on there are a new set of senior managers who could do with a bit of prodding.

Kevin Jones

Latest WorkSafe ad – now online

The Christmas ad campaign by WorkSafe Victoria is now available for viewing on line.

I saw it with my family for the first time last night on television and it had a terrific impact on my wife.  The hug from the teenage daughter is the clincher.  My teenage son had seen the ad previously and thought it was very effective.

A major change in the campaign is dialogue.  Refreshingly the conversation is not about safety and there is an undercurrent of fear of injury to the normal/banal family conversation that locate the action into our own homes.

The Homecoming ad made good use of the Dido music, for the time, but that campaign relied on visuals.  The latest ad hits the core family values and concerns and deserves a wide audience.

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