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”

Grass Roots Safety

For over 40 years, the Australian State of Victoria has had several safety organisations that exist under the radar.  In the 1960s the Department of Labour & Industries supported the generation of safety groups but many groups simply appeared.

These groups are, what in contemporary times would be referred to as, networking groups.  The members were from a range of industries, often from a particularly industrial part of Melbourne of regional areas.  The groups met usually once a month sometimes in a factory canteen to talk about safety and to see if any members could suggestion solutions to particular problems.

One group, the Western Safety Group encompasses the western suburbs of Melbourne, a zone of concentrated manufacturing plants and one which includes a major zone of chemical production.  (In my youth I would try to catch lizards in the buffer zones around the plants)

A risk with any grass roots association is to reach a level of sustainability without becoming a commercial entity.  WSG and  the Central Safety Group have achieved this in different ways.  In each WSG meeting, which usually runs for around one hour during the day, there is a 10 to 15 minute window for sellers of new OHS products and services to sell their wares.  This is a pragmatic solution to the reality that an OHS network’s membership list could be lucrative.

The Central Safety Group has a different approach because it has developed a different character.  The CSG, of which I am a Life Member, has conducted its meetings in the centre of Melbourne and with the decline of manufacturing and industry in the city and inner suburbs, the membership has moved from an industrial to managerial approach.

CSG does not allow for the promotion of OHS services and products and is much the better for it.  Allowing commercialism into a community or networking group makes it a trade show or exhibition and defeats the purpose.

These two groups, and there are others, have had a fluid membership that has probably topped no more than about 80 members at a time but this is an advantage.  Members appreciate the face-to-face discussion.  Meetings have minimal formality and foster camaraderie even amongst industrial competitors.

Mostly the safety groups that have lasted have done so by maintaining an independence from the OHS regulator although most groups have at least one member who works with WorkSafe Victoria.  Although some of the groups have existed for decades, there is no mention of them on the WorkSafe website although WorkSafe has made several attempts to create a safety group directory and a meeting of Safety Group secretaries almost 10 years ago began discussions with WorkSafe to establish a single webpage listing.

The groups are also, largely, independent from the larger safety organisations although those safety organisations have made moves to support safety groups.  Moves that have been mostly rebuffed.

Over the last few year the Western and the Central Safety Groups have established websites (CSG’s will be functioning in December 2009) as the most efficient way to communicate with members in between the monthly meetings.

Such networking groups have huge advantages over professional associations who have such a broad range of issues to consider.  The safety group “model” talks about safety and funds itself from annual membership fees of much less than $A100 in most circumstances.

In some circumstance “small is beautiful”, welcoming, professionally satisfying and productive.  Victoria’s safety groups are a good example of groups of like-minded OHS professional helping each other out rather than trying to climb the greasy pole.

Kevin Jones

Safety awards and the new media option

In yesterday’s article on Kerrin Rowan, mention was made of how important local community support is.  A reader has drawn our attention to a front page article in the Plains Producer newspaper of 9 October 2008 (not available online)

It reminded us of the significance local newspapers have in the rewarding the achievements of local citizens and that the front page article, inversely, illustrates how almost all daily metropolitan newspapers ignore OHS and RTW award winners.  There seems to be no mention of Kerrin in the online site for The Adelaide Advertiser.

But then safety awards seem not to be newsworthy.  Daily newspapers seem to see safety awards as a marketing tool and throws them all in the PR basket, even those worthy of greater attention. Kerrin’s story is one of the few exceptional rehabilitation stories and yet even with this level of “human interest”, such a story is ignored.

The newspapers are happy to receive the advertising revenue for a half page ad inserted by the OHS regulator congratulating the award winners but no one in the newspaper publishers seems to see any newsworthiness in the award winners.

Perhaps it is time for the OHS regulators to give up trying for the attention of the traditional media and go Web 2.0 with blogs, Twitter and Youtube.  Although, SafetyAtWorkBlog would still be looking for the human interest.  Recently we did not report on some OHS award winners for OHS management systems, principally because it is difficult to describe explain such a system in an article.  What could be done is to report on the significance of the award for the winners but that does not assist readers with OHS solutions, one of the aims of our blog.

OHS people and blog readers like pictures and video.  They like to use the technological capacity of the internet in a combination that traditional media cannot match.  OHS regulators and award conveners could do more to support the newer media by a prompt turnaround in video or images from the awards night.  These are already produced before, or on, the awards nights but often take over a week, if at all, to be accessible to the media.  The new media and its readers want immediacy and immediacy allows the community to share in some of the exhilaration felt by the award winners.  Topicality is tenuous.

Some OHS awards have been running for over ten years but still gain no traction in the metropolitan newspapers.  Our advice is to embrace the new media and see where it leads.

Kevin Jones

Public Comments vs Petition – modern lobbying required

Recently SafetyAtWorkBlog noted that almost one quarter of the submission to the government on its proposed national model OHS law were from individuals and confidential.  There was a suspicion of bulk proforma submissions.

One example that is available through the publicly accessible submissions is a letter to the Minister, Julia Gillard, from the Dr Sharann Johnson, President of the Australian lnstitute of Occupational Hygienists.  The letter raises concerns over the omission of “suitably qualified” from the legislation.  It concludes

“I strongly implore you to reconsider your decision not to include a requirement for the providers of Occupational Health and Safety advice and services to be “suitably qualified” in the national new model OHS legislation.  lt would be disappointing to see this amalgamation of legislation miss the opportunity to make a significant impact on the standard of OHS advice provided to Australian industry and ultimately improve our health and safety performance at a national level.”

Similar concerns to Dr Johnson’s have been discussed elsewhere in  SafetyAtWorkBlog but on the issue of proforma submissions it is noted that three other submissions, Kevin Hedges, Gavin Irving and a personal submission by Dr Johnson, contain almost exactly the same text.

What these and other proforma submitters are producing is not a response to a draft document or a submission but a petition.  Petitions have existed for centuries and carry considerable political clout but putting in a cut-and-paste submission is unhelpful.  It signifies a united position but is not constructive.  A petition to the Government or specific ministers on a single issue, such as “suitably qualified”, may have had more influence if it included an influential number of signatories and was lodged at the appropriate time, in response to outrage over the particular matter.

There is no criticism of the content of the AIOH letters only of the method of delivery and strategy.  There are many more confidential submissions that have also applied a similar strategy.

SafetyAtWorkBlog contacted Safe Work Australia over the issue  and asked “How many proformas were used and who were they by?”  A spokesperson responded

“Of the 480 submissions received, just over 200 standard form submissions were received from union members, in five different proformas.  Each of the five forms contained similar comments.  In addition, we identified a small number of standard form submissions from one professional association.”

In developing better legislation, the influence on the process from “weight of numbers” is likely to be far less in this circumstance than would be gained through constructive and innovative suggestions.

As Australia is likely to go through similar public comment phases on a raft of OHS regulations and documents over the next 12 months, assuming the Government does not shelve the project.  It is important for the proforma submitters to review their strategies and, perhaps, establish more direct contact through lobbying the relevant Ministers in each State and Federally, on behalf of their large (?) membership. In this way the Government would be familiar with the various organisations, would understand the background to those organisations’ arguments, and would then anticipate the innovative solutions that OHS organisations, professionals and experts, would put forward.

This strategy has worked for the unions and business groups for decades.  It may be time for a new strategy for some groups that combines reliable techniques like petitions with personal contact to be followed up by a knock-out submission at the right time, perhaps supported by a broadly distributed media statement.

Kevin Jones

How to make positive training programs attractive to OHS professionals

Yesterday’s article on positive training programs and behaviour-based safety (BBS) has generated a great deal of interest and attention.

The article’s title should maybe have specified the “OHS context”.   Like with Return-To-Work, OHS professionals need BBS and positive training to be explained to their understanding so they see how it fits with their own safety management systems.    They need to have their own “light-bulb moment on the relevance of the training not be convinced of the need by a sales person.

HR professionals may be more receptive to positive training concepts because they are more familiar with the psych babble but OHS still has engineering as the basis for the profession.   Only in the last 10 years have OHS professionals accepted (not universally) the legitimacy of psychosocial hazards and that, primarily, because the OHS regulators released guidance on the hazards.

Don’t try to apply leadership and training to OHS through HR because the jargon confuses.  Introduce yourself to some OHS people and listen to them talk of their profession.  Research the attitudes of the OHS people directly.  Do not rely on external research surveys as it is more important for you to understand OHS people than for a survey to report “47% of OHS professionals think resilience training programs are twaddle”.

Once you have listened, go personally to other OHS professionals and practitioners with training programs that can be readily integrated into safety management systems.  Don’t expect your potential clients to exert effort to understand you, it’s your job to understand them.

And don’t expect a quick decision.  Good OHS professionals will ask their colleagues and peers what they think of your programs and concepts before getting back to you.  They may even approach their OHS associations for an opinion.

iStockphotos evangelist

Past approaches to OHS professionals on BBS and similar training have been embarrassing.  One notable BBS advocate from the US spoke around five years ago to about 400 OHS people in Australia.  At morning tea time around half left the (expensive) seminar convinced that BBS was a crock.  That advocate is still highly regarded in the US but Australians just didn’t “get it”.

Slapping up a couple of pictures of the Sydney Opera House in a presentation, or  walking the room like an evangelist, does more harm than good.  Come prepared and prepared to listen and the OHS professional may “get it”…..even just a little bit.

Kevin Jones

New Safety Institute magazine is (mostly) a winner

Finally, the Safety Institute of Australia has got its act together and has contracted someone who has produced an OHS magazine that, mostly, satisfies the needs of its members and the aims of the Institute. SIA magazine cover 001

The first edition of OHS Professional landed in the SafetyAtWorkBlog letter box this morning and, it is fair to say that the involvement of an international publishing company, LexisNexis, is all over this magazine.  The format clearly owes itself to other publications in the LexisNexis Australia stable,  such as Lawyers Weekly, HR Leader and Risk Manager.

By and large, the magazine seems better for not having an OHS professional as the editor.  Mark Phillips places the magazine in the publishing context rather than in the past where such magazines were squeezed into the OHS context or, even worse, made to fit into some agenda of a professional association.  OHS Professional is devoid of the institutional baggage and infighting that has occurred in the past in the Institute.  However, this is the first edition and the Letters page is yet to be operational.

There are some tweaks that could improve the magazine or address some bugbears. There is a book review on the latest Andrew Hopkins book.  The name of the reviewer is not specified and described only as “an SIA member”.  Clearly identifying the author is important to establishing the independence of any review.

This is particularly relevant in this case as the retail outlet of the Hopkins book is listed as Futuremedia.  The founder of Futuremedia is Kerry Wonka. The Futuremedia website lists a professional membership with the SIA and Kerry Wonka is identified as a committee member of the SIA New South Wales Division.  The absence of a reviewer’s name allows for speculation that the review could be an advertorial.  The simple inclusion of a name would establish additional credibility to the very good review of an important book.

Several articles would seem to be familiar to readers as similar content has appeared in other Australian safety publications such as Safety Solutions, a free trade publication that is widely circulated, and various online OHS websites.  If any magazine is to survive in the modern knowledge industry it must differentiate itself from not only other magazines but other information sources.  OHS Professional has the basic structure right and it would be great to see its content develop into an independent source of important OHS information that does not rely on the cycle of SIA conferences and events.

As a for instance, National Safety magazine (pictured right) has established itself as an independent source of authoritative OHS information under the editorship of Helen Borger.  National Safety reduced its reliance on being a magazine for members of the National Safety Council of Australia and this has helped broaden its readership and to survive where many other OHS magazines, such as CCH’s OHS Magazine (pictured below)  and Niche Publishing’s Complete Safety, folded.

As with other SIA publications, the enthusiasm that comes from a new source of OHS information continues to be let down by an unfriendly website.  There seems to have been no coordination between the SIA’s website developer and the hard copy publishers.  Anyone visiting the SIA website would be unaware that it publishes much at all.  More prominence is given to its partner organisations than to the important and tangible benefits of becoming a member, such as high quality publications.

CCH OHS magazine cover 001When one finally finds the link in the drop down list for SIA magazines, the only article relates to the SIA’s relationship to its previous publisher who cancelled the contract at very short notice!!

The relationship with LexisNexis Australia is crucial to building a contemporary relevance for the Safety Institute of Australia, an aim that the SIA has regularly stated publicly but the Institute is hampering these good efforts with poor online support and inadequate promotional coordination.

In this first week of November 2009, SafetyAtWorkBlog has received two SIA publications that have great potential.  The sad part is that this has occurred in the week after Safe Work Australia Week, the most active OHS week in Australia.  This seems a major missed opportunity for the Safety Institute and it is suggested that their promotional coordinator, whoever it may be, should be sat down and had a long talking to.

Having said this, the next edition of OHS Professional will be keenly anticipated.  If it is as good as the first edition, it will be a shame it is not published more frequently.

Kevin Jones

Disclaimer: an article by Kevin Jones is in this edition of OHS Professional.  Kevin also works part-time as a content provider for LexisNexis but has no involvement with the publications.  Kevin has written for National Safety magazine a couple of times over the last ten years and he is a Fellow of the Safety Institute.

New coronial approach should lead to greater safety information

The Australian State of Victoria has been in a fortuitous position with a Coroner, Graeme Johnstone, who was a staunch advocate of safety in the public and workplace spheres.  Johnstone was a strong and physical presence at many conferences and in the media.  Indeed, it would be difficult to find a more obvious and influential safety advocate in Australia over the last twenty years.

Johnstone retired recently due to ill-health.  From 4 November 2009, his successor, Jennifer Coate, will be sitting in an official Coroners Court and the supportive legislation should provide even greater support to safety advocates.

According to a media release issued in support of the Court, there are several important legislative changes.

  • The power of the court to make recommendations to any Minister, public statutory body or entity relating to public health and safety and the administration of justice. Previously recommendations could only be made to Ministers.
  • Importantly, any Minister, public statutory body or entity either receiving or  [sic] the [sic]of a recommendation must now respond in writing within three months stating what action will be taken (if any) as a result of the recommendations. This has never been required before and is an Australian first.
  • All inquest findings, coronial recommendations and responses to recommendations will be published on the internet, unless otherwise ordered by a coroner. This is the first time in Victorian coronial history that a requirement to publish inquest findings has been enshrined in legislation.
  • A new power for coroners to compel witnesses to testify without the risk of self incrimination. The court will now be able to issue a certificate excusing evidence heard by the court from being used to incriminate witnesses in other court proceedings.”

On the first point, how much different would have been the approach to level crossing safety with this authority?  Would the faulty design of some level crossings have been changed more quickly?  Of course, recommendations are still only recommendations but by referring to statutory authorities and others, there is likely to be less direct political spin and, perhaps, greater accountability.

This leads to the second point, timelines.  Any meeting, action item, control measure or even correspondence, should have a timeline for response.  This will allow the families of victims a hook on which they can hang their dissatisfaction with government inaction.  Of course, there is usually no guarantee that correspondence is publicly accessible but to bullet point three.

Not only will inquest findings now be easily accessible to the public, the government responses mentioned above will be made available on the Coroner’s website.

Around ten years ago I was writing a book on occupational health and safety in the sex industry in Australia.  I requested details form the Coroner’s office of deaths in this industry.  I received many pages of decisions which helped considerably in determining whether deaths occurred at work or in relation to work.

Several years later, I put in a similar request for information on dairy-related deaths in support of a WorkSafe Victoria guidance with which I was assisting.  The level of detail provided then was a line or two on each incident.  It was enough to prepare a rough data table but was woefully unhelpful in the preparation of case studies of work-related fatalities.  The accessibility allowed under the new laws will allow for a greater, and more public, understanding of the contributing factors to death which should lead to greater options for elimination or control.

The Coroner is clearly enthusiastic about her new powers.  In the media release Coates says

“This new legislation will better enable the court to thoroughly examine and investigate the different types of deaths reported to us so we can help prevent similar deaths from occurring.  Of real significance is the requirement that any body or entity receiving a recommendation must respond to us. This will be a real mechanism for change to public safety and we expect enormous benefits for the Victorian community to follow,” she said.

Judge Coate said publishing inquest findings, recommendations and responses on the internet would make public statutory authorities and entities more aware of their responsibility to respond to coronial findings.

“The new response requirement means the recommendations of a coroner cannot be selectively pursued or ignored. This is an important gain for the public safety and administration of justice for our community”

She said the publication of inquest findings, recommendations and responses on the internet would also make the coronial process more accessible to families who experience the death of a loved one investigated by the court.

“We have gone to great lengths to ensure our new practices under the Act recognise and have regard for the families and friends of a loved one who has died.  That includes acknowledging the distress of families and their need for support and a recognition that different cultures have different beliefs and practices surrounding death.”

SafetyAtWorkBlog wishes Coroner Coates all the best and will be keenly watching the progress.

Kevin Jones

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd