community – Page 15 – SafetyAtWorkBlog

Differentiate the WorkCover and WorkSafe brands

“In many industries, and in the safety profession itself, people confuse the OHS laws of injury prevention with the Compensation laws of rehabilitation.”

This misunderstanding also extends to the public. Every so often, this blog receives comments from irate readers who express their frustration with “WorkSafe” or “Workcover”. It is a frustration that is shared by many but the frustration is frequently aimed at the wrong target. Most of the frustration stems from real or perceived injustice in the workers compensation system, but the criticism refers repeatedly to the OHS prevention and enforcement authority. Continue reading “Differentiate the WorkCover and WorkSafe brands”

UK’s approach to OHS reform is flawed by short-term political strategy

England’s Prime Minister, David Cameron, has described OHS as a “monster” in a speech to small business owners on 5 January 2012. It is important to note the PM’s comments prior to his monster reference that have not been repeated in the mainstream press. He refers to

“… a great big machine of health and safety that has built up over years.”

Cameron feels that he needs to address an OHS regulatory system and enforcement strategies that have become too complex for, particularly, small business to comply with. Part of his solution is to exempt the self-employed, in some specific sectors, from OHS laws. This is a questionable decision as it effectively establishes a two-tier safety management regime and sets a precedent for other similar sectors to lobby for an exemption from other, perceived, onerous laws.

It may be that OHS laws in the UK have become overly complicated over time but the role of the media must be considered in that it has focussed on many absurd managerial decisions that have resulted from a skewed understanding of OHS and risk. Frequently the media reports have no relation to OHS laws and all to do with an increasing litigious society and the pursuit of money through, potentially spurious, public liability insurance claims.

In the 5 January 2012 speech Cameron states that

“…the key about health and safety is not just the rules and the laws and the regulations – it is also the culture of fear many businesses have about health and safety.” (emphasis added)

Cameron explains his answer for reducing this fear of health and safety, the capping of fees that lawyers can earn from legal action against businesses on behalf of their clients, usually, employees. There is no fear of health and safety, it is a fear of litigation. Cameron is not on about OHS law reform, his concern is about “unnecessary” litigation costs. This is unlikely to be reduced by cutting the budget of the Health & Safety Executive (HSE) which must reduce services as the HSE resources have been contracting for some time. Continue reading “UK’s approach to OHS reform is flawed by short-term political strategy”

Social obligation is lost on some

In response to the Weekly Times’ articles on quad bike safety and the mandatory use of helmets, one letter writer in this week’s edition of the newspaper wrote:

“More state lunacy… Accidents happen, legislation cannot stop this. Free people have the right to decide such things for themselves.”

The letter writer has a strong belief that accidents happen and that nothing can be done to stop the harm, particularly through the application of legislation. This view is in the minority but is still spoken in some social circles, although the volume of such statements may have reduced over time.

The statement shows a misunderstanding of the cause of accidents and there is always a cause, or several. It is no longer socially acceptable to concede a workplace death as an Act of God or “shit happens”, although only recently in an expensive rail safety seminar, “shit happens” was said repeatedly. The letter writer’s statement is one of hopelessness, the antithesis of the values of the safety profession and OHS regulators.

Philosophers can argue the point more effectively but if one is to concede that “accidents happen”, that “shit happens”, then one should also not expect to be covered by workers’ compensation or compensated if injured in a public footpath or seek financial restitution if assaulted at a crowded nightclub or in a dark alley. What outrage would be felt if one was to lodge a workers’ compensation claim and the insurer’s response was “accidents happen, good luck with your disability”.

The “nanny state” epithet is short hand for lazy thinking, social ignorance and selfishness.

Safety often involves investigation, perhaps even “CSI:Safety” – Grissom in a fluoro vest. We must seek the root cause, in loss prevention terms, or contributory factors in the modern OHS and risk management context. From analysis comes insight and from insight comes prevention.

It is hard to imagine that anyone who may have lost a loved one in an industrial, or agricultural, incident could have written this letter to the Weekly Times. It is slightly easier to imagine that there are people in society who just do not care about the welfare of others and they write occasionally to the Weekly Times about the “nanny state”.

Kevin Jones

Religious wisdom on workplace safety

It is rare to visit the Bible when thinking about occupational health and safety but this week Australia’s Uniting Church, its Creative Ministries Network and the United Voices trade union released a report on the working condition of shopping centre cleaners. In the report “Cutting Corners” there are many references to the Bible’s and the Church’s thoughts and actions on labour issues.

For instance, according to the report:

“…God is ‘against those who oppress the hired workers in their wages, the widow and the orphan’ (Malachi 3:5).”

and

“…the Prophet Muhammad underlined the importance of the just wage by saying, ‘give the employee his wages before his sweat has had time to dry’.”

The Uniting Church has strong arguments to justify its involvement in social equity matters.

“Cutting Corners” was a broad report based on hundreds of telephone interviews with cleaners. The major safety-related findings of the survey were:

“The key violations borne by shopping centre cleaners constitute a litany of injustices, from low rates of pay, pay that is not commensurate with their Continue reading “Religious wisdom on workplace safety”

Santos slapped with stale celery over near-miss

More often than not people are disappointed by the sentences handed out by Courts on OHS breaches. Even with sentencing guidelines, the ultimate decision rests with the judgement of the Court. Today’s $A84,000 fine against Santos Ltd appears low considering that the incident had the potential to be catastrophic and the company has just reported “half-year profit up 155% to $504 million”. (ABC News provides a good pocket description of the incident with The Age discusses the corporate impact at the time)

The 2004 incident involved a near miss but a near miss that was just a second away from a catastrophe. The fact that no one was directly injured has been mentioned in many media reports but not being injured is not the same as not being affected. Industrial Magistrate Ardlie’s decision records that some employees had to run through the gas cloud to reach the muster point. Some had difficulty breathing. One worker was knocked off his feet by the blast and had the fireball travel over him burning the exposed parts of his body.

Dr John Edwards of Flinders University is quoted in Industrial Magistrate Ardlie’s decision that, without prompt evacuation, “the exposure dose [to hydrocarbons] could have been considerable and life-threatening”. Continue reading “Santos slapped with stale celery over near-miss”

Similarities between the regulation of environmental and workplace safety

In June 2011, Victoria’s Environment Protection Authority (EPA) released a revised Compliance and Enforcement (C&E) policy. There seemed to be some similarities to WorkSafe’s C&E policy, developed in 2006, so SafetyAtWorkBlog spoke this afternoon to John Merritt, who became the CEO of the EPA in early 2010 after many years as the executive director of WorkSafe Victoria.

In an exclusive podcast with SafetyAtWorkBlog Merritt, a major participant in the development of both policies, provides a useful insight into

Why a revised C&E policy was necessary
The similarities of environmental and workplace safety enforcement
How WorkSafe enforcement lessons can be applied to environmental protection
The cooperation between government agencies
Balancing transparency and information provision
EPA’s use of social media
Maintaining a local focus in a world of global environmental challenges

The podcast should be of interest to those professionals who need to manage the, often competing, business elements of environmental, safety and health obligations.

Kevin Jones

Tasmanian Workers’ Memorial Park officially opened

Workplace safety is littered with good intentions that are not fulfilled but thankfully Tasmania has followed through on a pledge to create a workers’ memorial park. SafetyAtWorkBlog reported on the design launch by the, then, Minister for Workplace Relation Lisa Singh, two years ago.

The Tasmanian Workers’ Memorial Park, located in Elizabeth Gardens, Launceston, was opened in beautiful winter sunshine on 18 June 2011. Photographs of the park’s official opening are to be provided. Unions Tasmania Secretary Kevin Harkins said in a media release (not yet available online)

“…it is hoped that those affected by a workplace death would use the site as a memorial to their lost family member or friend, and that people walking through the park would be reminded of the need to be safe at work.”

This type of horticultural memorial provides a place of reflection for many issues and worker safety is as legitimate as any other issues but what needs to be reinforced is the purpose of the park. It is common to wander through a park and be oblivious of that park’s significance. Continue reading “Tasmanian Workers’ Memorial Park officially opened”

Category: community

Differentiate the WorkCover and WorkSafe brands

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UK’s approach to OHS reform is flawed by short-term political strategy

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Social obligation is lost on some

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Religious wisdom on workplace safety

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Santos slapped with stale celery over near-miss

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Similarities between the regulation of environmental and workplace safety

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Tasmanian Workers’ Memorial Park officially opened

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