Unique company response to confined space penalty

In 2007, according to the ABC news site,

“42-year-old Geoffrey Johnson [died after he] inhaled toxic fumes from paint stripper when he was cleaning the inside of a large chemical tank”.

On 16 December 2009, his employer, Depot Vic P/L, was fined half a million dollars over this breach of the OHS legislation.

Initial reports say that the company is no longer in business but it

“told the court is had put aside money to pay the fine.”

Wow.  What happened to phoenix companies?  – the business scourge that closes down to avoid paying outstanding debts and, often the costs associated with a worker’s death, and then starts up again under a different structure.

That a company will pay a fine for an OHS breach years after ceasing business seems a remarkable and admirable act.

Hyde Park Tank Depot’s assets were purchased by the Scott Corporation several months after Mr Johnson’s death, according to information SafetyAtWorkBlog obtained from Scott Corporation.  The current business and website listing was not operating at the time of Mr Johnson’s death.

WorkSafe Victoria provided background to Mr Johnson’s death in a prosecution summary in April 2009.  The full summary gives a clear indication why the fine was so high.

“Depot Vic Pty Limited (formerly known as Hyde Park Tank Depot Pty Ltd) undertakes cleaning, repair and maintenance of ISO containers for the chemical industry.  ISO containers are confined spaces, being portable tanks used to transport chemicals.  The tanks are usually cleaned purely by hydro-blasting, but on occasion the tanks were required to be cleaned more thoroughly.

The system of work was such that when this situation occurred, the cleaning of the tank required 2 stages. The first stage involved the application of a cleaning agent, usually a product known as ‘Selleys Renovators Choice’ stripper (which is not a dangerous good).

The second stage then involved the use of hydro-blasting on the internal walls to remove the stripper and clean the wall.  The company’s work instructions required that a confined space permit be issued and that appropriate PPE be worn.

On 16 August 2007, an employee of Depot Vic Pty Limited died whilst attempting to remove latex from the internal walls of a 25,500 litre ISO tank.  The deceased had entered the tank and instead of using the ‘Selleys Renovators Choice’ stripper, had used a product known as ‘Paint Stripper Gel GS 125’ that was suited to clean external components only (and not the inside of the tank).  The label of this product contained safety directions such as “do not breathe vapour” and “use only in a well ventilated area”.  This product is a dangerous good ‘class 6.1 (toxic substance) of packing group 111’.  It is also a hazardous substance according to the criteria of the Australian Safety and Compensation Council.

The deceased was located in the tank in an unconcious (sic) state, and when retrieved from the tank did not regain conciousness. An expert analysis of the atmosphere inside the tank concluded that that (sic) there was a lethal concentration in all or part of the tank (10 litres of the dangerous good was used).  At the time of the incident a confined space permit was not issued, the deceased was not wearing respiratory protection, gloves or a harness, and there was no ‘spotter’ in place to supervise the latex removal works.

Further, there was a lack of training and supervision of employees in relation to the work procedures for confined space entry.”

Kevin Jones

Director accountability for OHS reinforced by NZ penalty

On April 5 2008, a cool store in New Zealand exploded killing one firefighter and injuring 7 others.  Icepak Coolstore Ltd, according to the fire services investigation report

“[had] very large quantities of combustible material contained in the expanded polystyrene construction panels and also in the foodstuffs stored.

“There were no compliant fire detection or protection systems or hydrants, and very limited firefighting water.”

In July 2008, the New Zealand Department of Labour (DoL) issued a media statement and fact sheet concerning the explosive potential of flammable hydrocarbon refrigerants.

Language warning on the video below

On 15 December 2009, a New Zealand Court penalised two companies and a director with fines totalling over $NZ390,000.  The DoL has issued a media statement about the prosecution results.

The many reports and inquiries into the explosion and fire are very informative but one element that the DoL wants to focus on is the penalty applied to the Director of Icepak Coolstore, Wayne Grattan.  He was

“fined $30,000 on one charge that he acquiesced in the failure of the company to take all practicable steps to ensure the safety of its employees while at work.”

The Department of Labour’s Chief Adviser for Workplace Health and Safety, Dr Geraint Emrys said (click HERE for audio):

“The prosecution against the director of Icepak should serve as a reminder to officers, agents and directors of organisations that they can be held personally accountable for the failures of their organisation.

“Mr Grattan was charged with acquiescing in Icepak’s failure in respect of obligations to its employees.  The outcome of the case against Mr Grattan reinforces the requirements of directors to be proactive in health and safety matters.”

As many Commonwealth countries have a strong commonality of law, the Icepak Coolstore case should be an important case study in many jurisdictions.

Kevin Jones

Formaldehyde upgraded to human carcinogen

On 4 November 2009, the United States’ National Toxicology Program (NTP) upgraded formaldehyde to a “known human carcinogen”.  This widely used chemical, principally in wood products, has been suspected of being carcinogenic for some time.

The suspicion was a major reason why, in Australia, Comcare issued a cautionary safety alert on using some shipping containers as converted accommodation.  But the Comcare advice was based, and reasonably so, on a manufacturers’ material safety data sheet (MSDS).

One such MSDS selected at random from the Australian internet sites has this to say about formaldehyde:

Reported fatal dose for humans: 60-90 mL

Oral LD50 (rat): 800 mg/kg

Inhalation LC50 (rat): 590 mg/m3

Low concentrations of formaldehyde may cause sensitisation by skin contact. Formaldehyde vapour is irritant to mucous membranes and respiratory tract. Asthma like symptoms have occasionally been reported following inhalation.

Animal studies have shown formaldehyde to cause carcinogenic effects. In particular, chronic inhalation studies in rats have shown the development of nasal cavity carcinomas at 6 and 15 ppm. These cancers developed at concentrations which produced chronic tissues irritation and would not be voluntarily tolerated by humans. [IPCS Environmental Health Criteria 89, Formaldehyde, World Health Organisation [WHO], Geneva, 1989.]

Some positive mutagenic effects have been reported for formaldehyde. Available animal data do not show embryotoxic or teratogenic effects following exposure to formaldehyde.

The NTP notes that formaldehyde effects have now been identified as having a role in leukaemia and not just localised inhalation-related cancers.

The MSDS is dated 2004 and Australian OHS legislation only requires MSDS to be updated at five-yearly intervals.  Of course they can be updated more frequently should the employer chose or, perhaps if the manufacturer advises them of a reclassification.

It is interesting that a 2004 MSDS still refers to WHO data that is fifteen years old and that the reference is to a non-Australian criterion.  It is accepted that chemical reclassification and research are long processes but what should the updating timeline be now that the US has made this significant re-categorisation?

Perhaps the Australia classifications will gain speed given that the more compatible European re-categorisation of formaldehyde, and other chemicals, was announced overnight.  The EU-OSHA website states

“Formaldehyde was confirmed as carcinogenic to humans. There is sufficient evidence in humans of an increased incidence of nasopharyngeal.”

However the human leukaemia issue was discusses in the evaluation summaries:

“The Working Group was almost evenly split on the evaluation of formaldehyde causing leukaemias in humans, with the majority viewing the evidence as sufficient for carcinogenicity and the minority viewing the evidence as limited.  Particularly relevant to the discussions regarding sufficient evidence was a recent study accepted for publication which, for the first time, reported aneuploidy in blood of exposed workers characteristic of myeloid leukaemia and myelodysplastic syndromes with supporting information suggesting a decrease in the major circulating blood cell types and in circulating haematological precursor cells.  The authors and Working Group felt this study needed to be replicated.”

Given that wood products that contain formaldehyde are used frequently in cabinet-making it is fair to expect MSDSs and OHS guidances on hazardous substances and wood dusts would be reissued and databases updated fairly quickly.  Just as important is the fact that particle boards are commonly sold in hardware and timber outlets in Australia and that Spring and Summer is often the DIY peak.

It is not hard to picture an unscrupulous media outlet generating a panic about the presence of formaldehyde in these products regardless of how the chemical is bound or whether inhalation risks are minimised.

Kevin Jones

Contradictions on endosulfan in fish hatchery

Earlier in 2009, SafetyAtWorkBlog reported on concerns over a possible cancer cluster near a fish hatchery in Queensland.

The final report of the Queensland Government’s inquiry, Noosa Fish Health Investigation Taskforce, is not due until February 2010 but the Federal Government’s Australian Pesticides and Veterinary Medicines Authority has released a statement entitled “Endosulfan Ruled out as a Potential Cause of Noosa Fish Health Issues”.  In that article APVMA states

“The Noosa Fish Health Investigation Taskforce has at this point eliminated endosulfan as a potential cause of deaths and deformities at a commercial fish hatchery at Noosa in the six events being investigated.  Endosulfan was not used by the neighbouring macadamia property during the period under investigation.  There was also some suggestion that because the commercial hatchery uses river water and fish from the river in its operations, pesticides in the Noosa River may have been involved in the incidents reported.  However, environmental monitoring of water from the Noosa River and its feeder lakes has not indicated that endosulfan is present at concentrations that would be harmful to aquatic life.”

The ABC reports on 7 December 2009 that

“…aquaculture veterinarian Associate Professor Matt Landos says there is new evidence that endosulphan may be a factor.

“The early reports from the task force did not identify endosulphan in any residue testing and as such it was considered a less likely potential cause,” he said.  “However, recent testing has identified the break-down product of endosulphan in the middle of Lake Cootharaba – in the middle of the Noosa system.”

Matt Landos is a member of the Queensland Government’s taskforce.

Kevin Jones

Nightclub fires and evacuations

Mainstream press around the world reported on the fire in a Russian nightclub over the weekend in which 100 people were killed.  One report says the nightclub owner has been arrested quotes the Russian President Dmitry Medvedev as saying

“All that has happened can only be described as a crime….I think this is absolutely clear….You have noted that a criminal investigation has been launched.  This is not a premeditated crime, but that does not reduce the gravity of the consequences. A huge number of people were killed.”

The fire reportedly started when stage pyrotechnics set fire to the ceiling.

Some readers, particularly in the United States would see distinct similarities with the  February 20 2003 in which 100 people were killed and over 200 injured.  A fire, also started by stage pyrotechnics, occurred in the Station nightclub on Rhode Island.  That whole event was captured on video.  The band’s tour manager who started the pyrotechnics, Daniel Biechele, was charged with 100 counts of involuntary manslaughter, pleaded guilty and served 4 years of a 15 year jail sentence.

The nightclub owners did not contest their charges and received similar sentences to Biechele.  Civil penalties added up to around $US175 million.

Given that the Station fire was six years ago, it is hard to understand why any nightclub would even consider using such stage pyrotechnics.

Other nightclub fires should not be forgotten although they received less coverage in the Western media.  Those with which SafetyAtWorkBlog is familiar include the 2002 fires in the Caracas nightclub, La Guajira where 47 people died, mainly from smoke inhalation.  Rumours had it that the nightclub had exceeded its allowable client limit.  Investigations showed that fire exits were not clear and the fire extinguishers were inoperative.

Although there are several incidents going back to the 1970s one that received a huge amount of attention was the December  30 2004 fire in the Republica Cromagnon nightclub in Buenos Aires. (The Wikipedia entry for this incident has a very good list of similar incidents)

The Republica Cromagnon nightclub had several of its doors shut with wire or padlocks.  The nightclub had 4,000 patrons in a premises licensed for 1,100.  Initial reports said that 715 people were injured and over 190 died from a fire that was started by a flare.

The incident generate three days of rioting and street protests of thousands of people, many were relatives of the dead.

In this case, not only were the club’s owners jailed on murder charges but city building inspectors and police officers were charged with manslaughter and corruption.  The inspectors allowed the nightclub to operate with inadequate safety standards.  The police accepted bribes from the owners and did not report the overcrowding or use of flares.

In November 2005, the mayor Buenos Aires, Anibal Ibarra, was suspended from office after the legislature voted to impeach him over issues related to the Republica Cromagnon fire.

Managing safety in nightclubs is a complex business as the industry overlaps many jurisdictional areas from workplace safety to building design to security to emergency response.  As the world moves towards the main season of celebrations with Christmas, New Year and others it is worth considering some of the more useful OHS guidelines for nightclub operation, even though such measures should have been considered well before now.

Going from the violations related to the Rhode Island fire by OSHA it would be expected for a nightclub owner to

  • Remove any highly flammable materials from the interior of the structure
  • Make sure that exit doors are visible at all times
  • have a written emergency action plan
  • have a written fire prevention plan
  • nominate and train staff to assist in a safe and orderly evacuation of other employees
  • review fire hazards with employees.

Seattle has a nightclub patron safety handout.

One guide from Virginia specifically references the Station nightclub fire.

The Health and Safety Executive has a guide to assessing risks in nightclubs as well as general OHS advice for the hospitality and leisure industries.

WorkSafe Victoria has a guide on crowd control which may also be useful

Many local jurisdictions have guidelines, or the industry itself has developed guidelines, to assist in the management of nightclub crowds.  SafetyAtWorkBlog urges owners and staff to undertake reviews prior to peak times.

Kevin Jones

The biggest management hurdle on workplace smoking

Smoking in the workplace is increasingly banned in countries around the world.  The mob of smokers in fire escapes and outside office building front doors are common occurences.  There is no denying that smoking is hazardous but this established fact does not seem to help with the regular management challenge – smokers work less than non-smokers and non-smokers resent this.

A recent study of workplace smoking in over a dozen countries published in the online edition International Journal of Public Health illustrates the continuing struggle.

“The study also found that overall employees estimated spending an average of one hour per day smoking at work, but most employees (almost 70 percent) did not believe that smoking had a negative financial impact on their employer.  However, about half of employers interviewed did believe that smoking had a negative financial impact on their organization.”

This people management issue often bleeds into the realm of the OHS manager as it is the health risks to the smokers and other workers than generated this division.  Clearly these statistics show the problem persists.

The tension comes from non-smokers working a full shift when a non-smoker is permitted to work at the same tasks for the same pay but work one hour less.  No companies have been able to solve this tension in any way other than encouraging smokers to quit smoking.  It may be attractive to OHS managers to leave this issue to the HR managers to struggle with but when planning any anti-smoking programs, this tension needs to be anticipated by OHS professionals.

“Several previous studies indicate that despite the beliefs of smoking employees and some employers in our study, smoking does have a substantial negative impact on a business’ finances,” [Michael Halpern PhD of RTI International] said. “More research needs to be done to quantify the economic impacts of workplace smoking and educate both employers and employees on those effects.”

Halpern’s comments illustrate a major limitation to the thinking of researchers on this issue and other similar workplace matters.  Workers’ health and compensation costs are rarely included in such surveys as business economics look at salary and time management issues yet business admits that worker health costs are part of the decision-making processes.

It is not that worker health costs are not quantifiable.  There is plenty of premium data, insurance figures and public health costs to include in the calculations but largely this data is ignored.  The researchers could take a two stage approach of, what they consider, primary labour costs with a mention of secondary health and compensation costs.  It would be possible to say something like “labour costs equate to $xxx – a substantial business costs but if workers’ compensation costs are included, an even more startling picture emerges…”

OHS professionals know that their job is not really one of handling safety issues exclusively but of managing safety within the business context.  To achieve this OHS professionals must be alert to all elements of business operation.

Kevin Jones

Shoemaking in South East Asia – book review

Some of the best OHS writing comes from the personal.  In a couple of days time a new book will go on sale that illustrates big issues from a niche context and brings to the research a degree of truth from the personal experiences of the author.

Pia Markkanen has written “Shoes, glues and homework – dangerous world in the global footwear industry” which packs in a range of issues into one book.  The best summary of the book comes from the Preface written by the series editors.

“Pia Markkanen’s extraordinary first hand investigation of the dangers of home work in the shoe industry in the Philippines and Indonesia is an important contribution to our understanding of work, health and the global economy. She also carefully documents the intersection of gender relations and hierarchy with the social relations of “globalised” economic development and reveal as the important implications for the health of women, men and children as toxic work enters the home.”

As one reads this book, local equivalents keep popping into the reader’s head.  For instance, Markkanen’s discussion of the home as workplace raises the definition of a “workplace” that is currently being worked through in Australia.  She briefly discusses the definition in her chapter “Informal Sector, Informal Economy” where she refers to an ILO Home Work Convention, and usefully distinguishes between the homeworker and the self-employed, a distinction that Australian OHS professionals and regulators should note.

Markkanen does not impose a Western perspective on her observations and acknowledges that regardless of the global economic issues and social paradigms, “shoemakers felt pride for their work”.  This pride goes some way to explaining why workers will tolerate hazards that others in other countries would not.  In many OHS books this element is often overlooked by OHS professionals and writers who are puzzled about workers tolerating exposure and who look to economic reasons predominantly.

In South East Asia, limited knowledge can be gleaned from literature reviews as the research data is sparse.  Markkanen interviewed participants first hand and, as mentioned earlier, this provides truth and reality.  She describes the shoe makers’ workshops in Indonesia:

“Shoe workshops are filled with hazardous exposures to glues, primers, and cleaning agents, unguarded tools, and dust.  Work positions are often awkward, cuts and burns are common, as are respiratory disorders.  Asthma and breathing difficulties are widespread when primers were in use.  Workers were reluctant to visit doctors because of the expense.”

She then reports on the interviews with Mr. Salet, a shoe manufacturer, Ms. Dessy, the business manager, Mr Iman, the business owner, Mr Ari, a skilled shoemaker, and many others.

Markkanen also illustrates the shame that the minority world and chemical manufacturers should feel about the outsourcing of lethal hazards to our fellows.  In the chapter, “Shoemaking and its hazards”, she writes:

“Shoe manufacturing will remain a hazardous occupation as long as organic solvents are applied in the production.  It is notable that in 1912, the Massachusetts Health Inspection report declared that naphtha cement, then in use for footwear manufacturing, was considered hazardous work.  The 1912 report also referred to a law which required the exclusion of minors from occupations hazardous to health – the naphtha cement use was considered such hazardous work unless a mechanical means of ventilation was provided and the cement containers were covered…. minors were prohibited from using the cement.  Almost a century later, hazardous footwear chemicals are still applied – even by children – in the global footwear industry.”

There is little attention given to the OHS requirements of majority world governments by OHS professionals in the West, partly because the outsourcing of manufacturing to those regions has led to the reporting of OHS infringements and human rights issues more than information about the legislative structures.

Markkanen provides a great section where she describes the OHS inspectorate resources of the Indonesian Government and the fact that Indonesian OHS law requires an occupational safety and health management system.  Granted this requirement is only for high-risk industries or business with more than 100 employees but there are many other countries that have nothing like this.  Markkanen quotes Article 87 of the Manpower Act 2003:

“Every enterprise is under an obligation to apply an occupational safety and health management system that shall be integrated into the enterprise’s management system.”

It is acknowledged that this section of legislation is hardly followed by business due to attitude and the lack of enforcement resources but we should note that safety management is not ignored by majority world governments.

Lastly, Markkanen provides a chapter on the gender issues associated with the shoemaking industry.  She makes a strong case for the further research into the area but it is a shame that to achieve improvements in women’s health the reality is  that

“women’s health needs female organizers and female women trade union leaders who understand women’s concerns”.

Some male OHS professionals may be trying to be “enlightened” but this seems to not be enough to work successfully in some Asian cultures.

Overall this book provides insight by looking at a small business activity that illustrates big issues.  The book is a slim volume of around 100 pages and it never becomes a difficult read because it is concise and has a personal presence that other “academic” books eschew.  As with many Baywood Books, the bibliographies are important sources of further reading.

At times it was necessary to put the book aside to digest the significance of some of the information.  Occasionally the reality depicted was confronting.  Baywood Books could do well by encouraging more writers to contribute to it Work, Health & Environment Series.

Kevin Jones

[SafetyAtWorkBlog received a review copy of this book at no charge.  We also noted that, according to the Baywood Books website, the book is available for another couple of weeks at a reduced price.]

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