Summer heat, fatigue and UV – a speculative solution

Let’s pull together several workplace hazards and suggest one control measure that may address all of them at once. Of course, the control may generate other work hazards or management challenges.

In Summer, work occurs throughout daylight hours. The long days, and possibly daylight savings, maximise the window of productivity for workers, particularly those who work outside – building construction, housing, rail maintenance, roadworks….. Such work can lead to the workplace hazards of excessive exposure to ultraviolet radiation (UV), fatigue, and heat stress.

Each of these hazards has its own separate advocates for safe practices, as well as the OHS regulator that provides guidance on all hazards. This complicates the management of OHS because sometimes there are conflicting control measures or at least measures that are incompatible with the needs and desires of the workforce. If we think of this combination of hazards as a Gordian Knot, we could solve the problem by splitting the working day into two sessions on either side of a sleep break or, as the November 2009 edition of the Harvard Health Letter calls it, a nap.

The Harvard article, “Napping may not be such a no-no”, discusses the good and bad of napping and the tone of the article seems to look at this control measure mainly for office-based or administrative tasks.

“[Robert Stickgold, a Harvard sleep researcher] says his and others’ findings argue for employer policies that actively encourage napping, especially in today’s knowledge-based economy. Some companies have set up nap rooms, and Google has “nap pods” that block out light and sound.”

The article suggest a couple of suggestions

“Keep it short. A 20- to 30-minute nap may be ideal. Even just napping for a few minutes has benefits. Longer naps can lead to grogginess.

Find a dark, quiet, cool place. Reducing light and noise helps most people get to sleep faster. Cool temperatures are helpful, too.

Plan on it. Waiting till sleepiness gets so bad that you have to take a nap can be dangerous if you’re driving. A regular nap time may also help you get to sleep faster and wake up quicker.

Don’t feel guilty! A nap can make you more productive at work and at home.”

But sometimes SafetyAtWorkBlog likes to extend a solution to the bigger picture.

In Australia, the peak period for extreme levels of UV is between the daylight savings hours of 10.00am and 1.00pm, or 3.00pm in some instances. If an outside work site suspended work for three hours, the employees could have lunch and rest, or sleep, in the shade. Depending on the location of the work site, some could even go home for that period.

The work day could still be as productive by starting early and finishing late, basically inserting a rest break of several hours into the middle of the daytime shift. There is evidence in the Harvard article that productivity could be increased as a result of the rest break.

iStock_000004187454 construction siestal

On quick reflection, this scenario is a fantasy because the ramifications of such a change are huge, and OHS is unlikely to achieve any structural cultural change of this magnitude, but it remains an attractive fantasy. The attraction is the logical simplicity but, of course, logic is often bashed around by reality and below are some of those realities:

Expanded work hours for a construction adjacent to a residential area working on the 9 to 5
Deliveries of supplies to be rescheduled to the two work periods
Would the split shift continue on cloudy and cool days or during Winter?
Would the portable/temporary lunch sheds now need to include a bunk room for all employees on a work site?
In a bunk room, would one person’s snoring becoming an occupational hazard for everyone?
Can plant be “paused” for the lunch break?
Can a concrete pour be interrupted for a lunch?

Lists of other problems or challenges are welcome through the blog’s comments field below.

Such a structural or societal control option (or fantasy) should be discussed, debated or workshopped as what may not work in the grand scheme may allow for changes, or tweaks, on a smaller scale. Often the best OHS solutions come from speculation which can lead to the epiphany of “why do we do it that way?”

Of course, some countries are way ahead of the rest of the world in managing these workplace hazards by already having a culture that embraces the “siesta“.

Kevin Jones

ng may not be such a no-no

Revealing podcast on asbestos in Australia

On 15 October 2009, Matt Peacock, a journalist with the Australian Broadcasting Corporation and author of a new book on asbestos and the James Hardie company, “Killer Company: James Hardie Exposed” spoke publicly at Trades Hall in Victoria.

Peacock has allowed an edited version of his presentation to be used as a SafetyAtWork podcast which can be downloaded. In the podcast he discusses the conduct of the James Hardie boss of several decades, John B Reid; the pervasive nature of asbestos throughout the Australian community; the surveillance of opponents by the company; the immoral public relations campaigns and, generally, the conduct of a corporation that knowingly sold a product that was toxic and harmful.

One blogger reviewed the book and said

“Killer Company” clearly shows that JH directors were criminally negligent and showed no humanity or compassion for their victims and no remorse for their crimes.

Peacock produced several reports on asbestos recently. Video and transcripts of his reports can be accessed HERE.

Peacock has also been interviewed extensively about his book. A video interview is available HERE

Kevin Jones

Safe Work Australia Week podcast

Today, 1,500 union health and safety representatives attended a one-day seminar in Melbourne concerning occupational health and safety. The seminars were supported by a range of information booths on issues from support on workplace death, legal advice, superannuation and individual union services.

Kevin Jones, the editor of SafetyAtWorkBlog took the opportunity to chat with a couple of people on the booths about OHS generally and what their thoughts were on workplace safety.

The latest SafetyAtWork Podcast includes discussions with the Asbestos Information and Support Services, the AMWU and TWU.

The podcast can be downloaded HERE

Asbestos and corruption as a case study

Australia has been a major supplier of asbestos to the world for decades. It has also been a major corporate beneficiary of the revenue for the sale of this poisonous material.

The latest situation in Melbourne is a good example of all that is wrong with asbestos and worker exposure. According to reports in The Age newspapers in late October 2009, a property developer has allegedly offered $A57,000 to a safety officer on a hospital redevelopment project, allegedly, in order to turn a blind eye to the issue of asbestos at the site. According to the newspaper reports, some in the industry have described this payment as a bribe.

In February 2006, the developer received a report from an independent consultant advising that asbestos be removed prior to demolition. The developer removed most but not all. It is in this patch of remaining asbestos that two workers dug through the concrete with a jack hammer and concrete saw, generating considerable dust from the concrete and the asbestos. The workers were not wearing any protective masks.

Australia is dealing with the corporate immorality of James Hardie Industries, although there is much more that can be down. Wittenoom is closed and has almost disappeared. Companies are required to have an asbestos register for their properties. Tasmania is to become free of asbestos by 2020. There is a lot of activity, so much that the control of this poisonous material should not be handled in an ad hoc manner. Governmental vision is required to commit to the removal of asbestos and the clean-up of contaminated sites.

It is an easy moral call for governments – the toxicity of asbestos is indisputable, the public health risks are known. But it will cost. Governments are in a similar bind as with climate change policy – decades of prosperity at the same time as not considering the health legacy of that wealth.

There is no such thing as an emissions trading scheme for asbestos. It is suspected that, if at all, the government will need to apply surcharges or tax incentives for companies to support any initiative. This always flows back to the consumers paying ultimately. Anti-asbestos advocates can rightly feel angry at the fact that companies have benefited greatly from knowingly selling a toxic material, and the same companies are likely to benefit again through the clean-up. This may simply be the price we must pay for living in a society based on capitalism. God help the new “capitalist” nations like China.

Kevin Jones

SafetyAtWorkBlog hopes to finalise a podcast with journalist and author, Matt Peacock, by the end of this week. Peacock is the author of Killer Company

Mobile phone cancer link still unclear

A new research study into the possible health effects if using a mobile phone remains inconclusive. According to a report in the Journal of Clinical Oncology,

“The current study found that there is possible evidence linking mobile phone use to an increased risk of tumors from a meta-analysis of low-biased case-control studies. Prospective cohort studies providing a higher level of evidence are needed.”

Basically this is saying there is a bit of evidence but more research is needed. In the context of cancer risks from using mobile phones, status quo remains.

Although only the abstract of the research is available online for free, a long discussion is available at Australia’s ABC website. The significant issue in this article is that “high quality” research found evidence of a possible cancer link and “low-quality” research found none.

If one is not a medical researcher, as SafetyAtWorkBlog is not, this research provides no practical guidance for the reduction of risk. In fact, it goes some way to fostering the layman’s suspicion of research.

If one has the task of minimising the (perceived) risk of receiving cancer for workers using mobile telephones, this study is useless. In reducing the increasing concerns from staff about this occupational hazard, this study is useless. The research does indicate that, at least, research is continuing but it adds nothing to the state of OHS knowledge needed to manage the potential hazard.

“Absence of evidence is not evidence of absence”* seems to fit the situation of mobile phones and cancer.

Kevin Jones

* Both Carl Sagan and Donald Rumsfeld have used this phrase. Allocate credit to whichever you choose

Working in heat – still contentious

Australians associate working in hot conditions as outside work although the occupational hazard of heat is just as relevant in bakeries and foundries. OHS regulators and safety lobbyists often try to include too much in their heat-related strategies – heat stress, skin cancer, hydration, dust, and a range of other hazard combinations related to specific industries.

What the community and many workers want is a defined unsafe temperature limit. Some will remember being allowed to take their school ties off when the temperature reached 38 degrees Celsius (100 degrees Fahrenheit). But OHS legislation, more often than note, focuses on the system of work and this allows for work in excessive temperatures as long as the system can ensure this is safe.

Legislatively, this position is understandable but it is not what people want or expect.

The issue was raised recently at the Trade Union Congress in September 2009 in England in a discussion on working temperatures. Pauline Nazir, representing the Bakers, Food and Allied Workers’ Union, said

“The question is why there is no maximum temperature and why has the Health and Safety Executive and the Government have consistently dodged calls for similar protection for those who work at the higher levels of temperature? It is a big question for a big organisation, but one that the Health and Safety Executive has failed to answer logically despite years of pressure. While they have failed to act, workers suffer the consequences, year in and year out.

It seems illogical that we have regulations that limit the temperatures at which cows and pigs can be transported around the country, but offers no protection other than the general health and safety legislative offerings. It is true that if you move livestock in Britain, there is a maximum level of 35 degrees Centigrade within the carrier, but poor old human beings can regularly carry out physical and strenuous work at temperatures that far exceed these levels. Why have we failed to get the Health and Safety Executive to act?”

The variety of factors contributing to excessive heat at work is probably the reason for lack of progress on the hazard. There are many organisations advocating prevention of harm from working in heat but they all have their own funding models, costs, agendas and “sub”hazards. Nazir’s call for the Health & Safety Executive to do something sounds unfair but the common activity she is referring to is working in heat so it is not unreasonable to expect an OHS regulator to coordinate resource and, perhaps, research.

Coordinated safety action is expected of business operators to ensure these hazards are controlled but that operator would need to read up to a dozen brochures, codes, guidances or policy statements to get close to achieving a situation that employees would consider safe.

It may never be appropriate for an OHS regulator to state a defined (un)safe temperature (the hygienists would argue safe working conditions) but what can be achieved is guidance that pulls together the multiple hazards and control measures so that achieving a safe workplace is as easy as can be.

WorkSafe Victoria has started along this path with a (thin) guidance and more generic terms of discomfort and illness but there is a need for a much more comprehensive guide.

Kevin Jones

UPDATE: 9 October 2009

A reader has pointed out a podcast by the Canadian Centre for Occupational Health and Safety from the July 2009 that explains some of the justification for not issuing a specific working in heat benchmark.

Civil liability and work-related diseases

On 4 October 2009, Queensland’s Attorney-General Cameron Dick released details of his intentions to increase the compensation available for individuals and their relatives through his Civil Liability and Other Legislation Amendment Bill. Below is a table which shows the level of the increase.

It needs to be pointed out that this is not workers’ compensation but OHS legislation is blurring the demarcation between workers compensation and civil liability in the context of safety management. New Australian legislation is placing OHS obligations on workers and employers for the off-site effects of workplace activities.

The Attorney-General, who is also the Minister for Workplace Relations had this to say about the importance and breadth of the draft Bill:

“This legislation will increase the maximum caps, for the first time in six years, on general damages available under the Civil Liability Act 2003 for personal injuries,” Mr Dick said…. “These amendments will afford injured persons the monetary compensation they need to help them get on with their lives. The amendments also ensure a de facto partner of an injured person is now able to claim for loss of earnings.”

Dick goes on to discuss the good news concerning dust-related diseases as the amendments will also abolish the statutory limitation period for dust-related disease claims including asbestosis, mesothelioma and silicosis. It is unclear whether workers’ compensation insurance has similar limitations.

“The removal of the statutory limitation period for dust-relates (sic) diseases will deliver significant benefits to sufferers, by improving their access to justice and reducing the costs and stress associated with pursuing a claim,” Mr Dick said. “This amendment will have retrospective effect to ensure it captures current cases of dust-related disease originating from exposure during the 1950s, 1960s and 1970s.”

Dick said the amendments also ensure that the caps will be annually indexed to average weekly earnings.

These changes raise the possibility that a workplace may have an event that directly injures workers and also affects people outside the worksite. This could generate two processes for compensation – the workers and members of the public. The business operator would be involved in both processes, of course.

But Australian OHS legislation is moving towards one OHS “Act” that would involve the management of a hazard and its potential off-site effects. Why then split the compensation mechanisms? Would it not be easier for the business owner to manage the environmental, public and worker impacts of the one event in an integrated fashion?

The model OHS legislation deals with multiple parties affected by work processes surely the government should be looking at a single compensation process that also addresses multiple parties?

The workers’ compensation harmonisation review is still a couple of years away but potential changes should be anticipated. The table below perhaps should be compared to the Table of Maims used in workers’ compensation in the spirit of harmonisation to determine a broader social justice.

Perhaps in this period of public comment on draft OHS model legislation, the government and stakeholders should anticipate the social consequences of the OHS management obligations it is currently considering. If environmental legislation and management imposes a “cradle-to-grave” context, why should safety management legislation not?

Kevin Jones

Injury	Injury Scale Value	Currently worth	Maximum from 1 July 2010 will be worth
Serious Facial Injury	14 to 25	$16,600 to $35,000	$19,550 to $41,220
Loss of one eye	26 to 30	$37,000 to $45,000	$43,560 to $53,000
Loss of one testicle	2 to 10	$2000 to $11,000	$2360 to $12,950
Loss of both kidneys	56 to 75	$110,360 to $166,400	$130,000 to $196,000
Loss of one arm from the shoulder	50 to 65	$93,800 to $136,100	$110,500 to $160,300
Loss of one hand	35-60	$56,000 to $121,400	$65,950 to $143,000
Loss of a finger	5 to 20	$5000 to $26,000	$5900 to $30,600
Loss of one leg above the knee	35 to 50	$56,000 to $93,800	$65,950 to $110,500
Loss of one foot	20 to 35	$26,000 to $56,000	$30,600 to $65,950
Total loss of hair on head	11 to 15	$12,400 to $18,000	$14,600 to $21,200

Category: cancer

Summer heat, fatigue and UV – a speculative solution

ng may not be such a no-no

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Revealing podcast on asbestos in Australia

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Asbestos and corruption as a case study

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Mobile phone cancer link still unclear

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Working in heat – still contentious

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Civil liability and work-related diseases

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ng may not be such a no-no

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