An Ombudsman for the safety profession

WorkSafe Victoria is very keen for the safety advice and management discipline to become professional.  It is providing considerable technical and financial support to the Safety Institute of Australia and other members of the Health and Safety Professionals Alliance (HaSPA).  The current status of HaSPA in Australia has been discussed in other SafetyAtWorkBlog articles.

HaSPA likes to compare itself to other managerial professions such as accounting, medicine and the law, and is trying to establish a contemporary profession.  One of the professions mentioned, law, an established profession for hundreds of years, is seriously considering the introduction of an ombudsman, a concept that should have been established already for the safety sector.

According to a media report in The Australian on 4 September 2009:

A taskforce of federal and state officials is working on a plan to create a national legal ombudsman with unprecedented power over the nation’s lawyers.

If the plan goes ahead, the ombudsman would be able to set standards for all lawyers, oversee the handling of all complaints from consumers and intervene with the profession’s state-based regulators.

One option being considered would establish the office of the legal ombudsman as a new national institution drawing authority from a network of uniform state laws.

This would unify the regulation of lawyers and give state governments a role in confirming prospective candidates for the new national office.

Lawyers, rather than taxpayers, could be asked to pay for the cost of establishing their new regulator.

The taskforce, which has been appointed by federal Attorney-General Robert McClelland, is examining the possibility of establishing the new office as the centrepiece for the promised regulatory overhaul of the legal profession.

OHS law in Australia is undergoing its most major national review in decades.  Shouldn’t the safety profession also develop the “Office of the Safety Ombudsman”?  The legal profession is doing all the work on a model.

Australia has a tradition of effective industry-based ombudsmen.  A list is available online but the most publicly well-known would be the Telecommunications Industry Ombudsman.

[In the last couple of years the safety profession has heard from the Victorian Health Services Commissioner, Beth Wilson, on the purpose and role of the commission and how the safety profession can learn from her support, adjudication and  advocacy.  The commissioner is not an ombudsman but there may be a role for a safety commissioner to address WorkSafe’s concerns over the quality of safety advice being provided by safety professioanls to business.  A video of Beth Wilson briefly discussing the role is available on YouTube.]

The application of an Ombudsman model in the safety profession should be discussed but similar objections will be raised to those of the legal profession in the article quoted above.  Underpinning the objections is that an established profession is resistant to change and suspicious of relinquishing the power it has established over its lifetime.

If the safety advocates are truly committed to establishing a contemporary profession, the concept of a safety ombudsman must be discussed or else  the system of self-regulation will continue and so will the lack of independence, the lack of accountability, the limited communication and the lack of faith by the general community that safety professionals can be trusted to do a good job.

Kevin Jones

Australian survey on attitudes to OHS and laws

Firstly there is an apology for having statistics dominate SafetyAtWorkBlog this week however everything became available all at once.

An earlier article mentioned some recent OHS statistics that have been released by the Australian Council of Trade Unions.  Below is the SafetyAtWorkBlog interpretation of the survey report.

The survey was undertaken by an independent research firm using a representative sample of the Australian population.  It was not taken, like some previous ACTU surveys, from the trade union membership exclusively.  In some respects the generality makes the survey results more interesting and some more broadly relevant.

67% of respondents were not aware that the governments are coordinating the standardisation of OHS laws.

67% believe that workplace safety is important, but only 40% see it as “very important”.

85% were not aware that workplace deaths (quoted from an unreferenced Government report) are “four times the annual road toll”.

80% think more should be done about OHS.  However, if this question was asked after the previous one that compares workplace death to the road toll, the high response is not unexpected.  Also the report gives no indication  of who is expected to do something about OHS – government? employer? individual? sea urchins?

The issue of “red tape” was specifically asked in the question.  It would have been interesting to have the question remain at just its core so it was a clear agree or disagree response:

“Do you agree or disagree that employers should have to do more to protect the health and safety of their workers (even if it means more costs or red tape for their business)?”

69% said that if they are injured at work, they should be able to take court action under OHS laws against an employer.

One would have to ask the purpose of  this question.  Don’t people trust that OHS regulators would take legal action on the part of the injured workers?

Not all the questions in the survey report are mentioned above but lets take away the trade union context of the survey results for the moment.

OHS regulators claim that their extensive and expensive advertising campaigns are generating an increased awareness of OHS in the community. Two thirds of a population believing OHS is important is a good result but how much of this awareness has been generated by government advertising, increased media reporting of incidents, union activism or some other reason?  An analysis or further research would be useful.

Workplace deaths occur more often than road fatalities.  Is this a fair comparison?  Driving a car on a country road is a very different activity to driving a forklift in a cold store, for instance.

More should be done about workplace safety but would the respondent take on the responsibility themselves?  A clarification of this response would have occurred by comparing it with the employer question above, without the red tape distraction.  But what would the union movement had said to a response that may indicate an overall happiness with how employers manage safety?

The Australian trade union movement has continued its campaign against the operation of harmonised OHS laws by marches on 1 September.  The first draft of the harmonised OHS laws will be available in a couple of weeks.  Around a month after that is Safe Work Australia Week.  The next two months promise to be a busy period of heightened debate (or lobbying and spin) on OHS laws.

Kevin Jones

SafetyAtWorkBlog would like to thank the ACTU for making the survey report available and we look forward to many more surveys from unions and employer groups that hopefully clarify people’s attitudes and approaches to safety.

Why isn’t safety and health a continuum in a worker’s life?

Several years ago I attended a safety seminar hosted by Seacare.  Maritime safety is not part of my “brief” but safety is, and I was seeking alternate perspectives on my specialist area.  Seacare conducted a session where the treatment and management of an injured worker was work-shopped from incident to return-to-work.

It was the first time I had seen a panel of experts deal with the life of a worker across the injury management continuum.  The session showed the necessity to communicate across several disciplines and to always keep the focus on the injured worker.  I had never seen a better example of risk management in relation to an  employee’s welfare.

If only the real world was as organised.

WorkLife Book Covers 003Work/life balance in Australia is skewed towards those workers who have young families or a role as a carer.  This is due to work/life balance evolving from the feminist and social concepts of the 1970s and in response to the increased number of women in paid employment.  Barbara Pocock sees these matters in the 1970s as themselves a reaction to the “male-dominated employing class” that, in one exampled, believed that 3 month’s long-service leave was more important than maternity leave. (p212, The Work/Life Collision)

Work/Life Balance Origin

(Wikipedia has a peculiar article on work/life balance that has some interesting points and reference links but then undoes its good work by relying on a couple of major sources and many of them are commercial consultants.  That the Australian work in this area is not referenced, indicates a major deficiency.  Please note that the concept of balancing work life and non-work life existed well before “work/life balance” was first used.  SafetyAtWorkBlog would point the concept’s origin to around the same time as Australia’s introduction of the eight hour day in the mid-1800s or even earlier with Robert Owen in the UK calling for a 10-hour day.)

WorkLife Book Covers 005In the 2000s the emphasis remains not on work/life balance but work/family.  As a result, work/life balance will remain an issue handled in the management silo of human resources and being seen as relevant to a lifestage of an individual rather than the individual themselves.  There is also an inherent gender bias that could be minimised if the silo was removed.

The Seacare workshop illustrated for me that an injured worker is managed by different silos throughout their rehabilitation.  Wherever possible the employer outsources this management to experts in OHS, trauma counselling, medicine, physiotherapy, return-to-work coordinators, and other specialists.  The common element through all of these silos is the individual and that person’s health.

OHS & Work/Life Conflict

WorkLife Book Covers 001Occupational health and safety has a big advantage over work/life balance in that it focuses on the individual first.  Employers must provide for the health and safety of the worker and, by and large, employers get the safety obligation right.  This part of the process has long-established practices based principally on engineering solutions – stopping things falling on a worker, stopping the worker falling into machinery, stopping the inhalation of toxic dust – effectively “blue collar” solutions to “blue collar” hazards.

The mental health of the worker was not a big concern.  This is partly because in most of Australia, legislation only ever related to health and safety, and rarely to welfare.  Where welfare was a legislated consideration for the management of workers, the social context of the worker was acknowledged myuch earlier and work/life issues began to grow.

The regrettable element of this evolution was that “health” remained a narrow workplace definition instead of embracing the “welfare” or mental health of the worker.  If health had been supported by a definition that included welfare in all Australian States’ OHS legislation, the mental health needs of workers and the social contexts of worker management would have been discussed much earlier and in parallel.

Work/Life Balance Awards – A Missed Opportunity

An example of the divergence and the need, in my opinion, to reintegrate work/life balance and occupational health comes from some correspondence I have had with the organisers of the National Work/Life Balance Awards in the Australian Department of Education, Employment and Workplace Relations (DEEWR).  Until very recently, these awards were called the National Work and Family Awards.

WorkLife Book Covers 004DEEWR includes in its structure Safe Work Australia, the organisation responsible for monitoring OHS across the country.  It seemed odd to me, from the big holistic picture, that DEEWR has not included Safe Work Australia in the judging panel for the 2009 Work/Life Balance Awards.  DEEWR advised me that it believes the OHS experience of two of the judging panel, the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry, was sufficient.  Perhaps but why not draw on the OHS expertise of one’s own staff as well?

It also seemed odd that one organisation would conduct two national awards programs – the National Work/Life Balance Awards and the Safe Work Australia Awards.  DEEWR advised me that

“The [National Work/Life Balance Awards] recognise organisations that are outstanding in achieving positive outcomes through the implementation and communication of work-life balance policies, practices and initiatives which meet the needs of both the employer and its employees. The Safe Work Australia Awards focus on OHS more broadly and recognise businesses and individuals for their outstanding efforts in OHS and for making safety a high priority in their workplace.”

If the Safe Work Australia Awards focus on “OHS more broadly” why not have one set of awards that acknowledges both the work and social contexts of employees?  This is harder to answer when

“Applicants for awards must consent to an assessment to determine whether they have complied with the Fair Work Act 2009, the Workplace Relations Act 1996 and any relevant state or territory legislation, award or other industrial instruments” [my emphasis]

This would surely include the OHS legislation of each State and the Commonwealth.

DEEWR does not involve any of the state OHS regulators in the awards process.  The judging panel does not analyse the workers’ compensation premium awards rates of award contenders.  State regulators could surely provide a useful perspective as it is mostly under their jurisdictions that businesses are prosecuted for OHS breaches.  Worker’s compensation premiums are used by all regulators as a major (sometime the only) indicator of safety performance and for targeting of enforcement programs.  The judges of the National Work/Life Balance Awards do not.

OHS professionals and return-to-work coordinators acknowledge that the non-work life and mental health of workers are important elements in regaining a fully-functional employee.

DEEWR made the decision to rebrand the awards to Work/Life instead of “work and family”.  This does not reflect the complex interrelations of the social and individual contexts of the health and safety of individual workers.

DEEWR is coordinating the reforms of laws into both OHS and workers compensation.  The Australian Government is working on legislative harmonisation across all legislative jurisdictions in workplace health and safety.  These OHS laws are likely to extend employer obligations well beyond workers to the public and those potentially affected by work practices..

However DEEWR is missing a major opportunity to set the agenda for the future by acknowledging that the impacts on an individual of the work life and the home life should be managed across the social and employment disciplines.

Kevin Jones

The images included in this posting show some of the many terrific books dealing with, or mentioning, work/life management.

Handling trauma

The Rural Health Education Foundation (RHEF) produced a DVD recently as part of its professional development program on managing trauma.  It is an introduction for rural medical practitioners on how to identify trauma and how to advise on management.  The video was produced in conjunction with the Australian Centre for Posttraumatic Mental Health and is unavailable at the moment due to a lack of funding.  However, the video, and others, are available online through a free registration at the RHEF website.

Trauma DVD 002Health and safety practitioners rarely prepare themselves adequately for handling a traumatized worker whether it is from a work experience or an issue outside the workplace.  OHS practitioners often have a linear perspective where an incident occurs, the personal damage is handled or referred on and the avoidance of recurrence is prevented.

The cycle of incident, rehabilitation and reintegration to the workplace is not widely understood in the OHS field.  The “Recovery From Trauma: What Works” video illustrates the personal and psychological cost of an incident.  Through a case study it also shows the early signs of trauma, when a worker may “not be himself” – the clues to a possible bigger problem.  One case study, John, specifically includes the impact of his situation on his work performance.

In the early stages of trauma, around a week after an incident, the video advises that people avoid

  • Alcohol and drugs
  • Keeping overly busy
  • Involvement in stressful situations
  • Withdrawing
  • Stopping yourself doing things you enjoy
  • Taking risks

If the worker is out of sorts for longer than a week, professional assistance should be sought.

The video was broadcast in February 2009 so the information is current.

The program continues with issues of post-traumatic stress disorder with additional case studies including a policeman talking about his counseling and the therapy he undertook after a traumatic event.

RHEF does not try to do everything by itself and draws upon subject matter experts on trauma and recovery.  The video is a very professional production and RHEF should be supported in its initiatives.  Readers are encouraged to watch the videos online and, if you can, consider supporting RHEF financially so that these important resources can be made available to medical professionals throughout Australia.

Kevin Jones

Firefighter trauma

A major element of risk management  is business continuity.  This requires considerable planning, disaster recovery resources, and a long-term focus.

In early 2009 parts of Victoria, some not far from the offices of SafetyAtWorkBlog, were incinerated and across the State over 170 people died. In a conservative western culture like Australia, the bush-fires were the biggest natural disaster in living memory.

The is a Royal Commission into the Victorian Bushfires that is illustrating many of the disaster planning and community continuity needs in risk management.

The Australian Broadcasting Corporation’s “7.30 Report” provided a report on 5 August 2009 which originates from the views of the community and the volunteer firefighters.  One of the issues relevant to safety professionals and risk managers is the psychological impact on volunteer workers.  Many in the report talk of trauma.  Many in the disaster areas have not returned and their are many who remain psychologically harmed.

When a workforce is so closely integrated with a community, rehabilitation is a daunting task and changes a community forever.

Overseas readers may have experienced their own natural disasters such as hurricane Katrina, earthquakes, floods and wildfires.  Many of these stories are reported around the world.  In the recovery phase of any disaster, businesses need to rebuild but are often rebuilding with damaged people.  It would be heartening to see the OHS regulators and OHS professions becoming more involved over the long recovery period.

Kevin Jones

New Work/Life Research

There seems to be new institutes and academic schools popping up regularly over research into the issue of work/life balance.  Recently one of the oldest and most prominent of the institutes, the Centre for Work + Life at the University of South Australia, released new research data.AWALI--full cover

The latest Australian Work and Life Index (AWALI) was released in late July 2009.  The executive summary identifies several important issues relevant to OHS:

“Three years of data about work-life interference in Australia tell us that many employees experience frequent interference from work in their personal, home and community lives, many feel overloaded at work and feelings of time pressure are also common and growing.”

“Work hours are central to work-life interference….. Many Australians are a long way from their preferred working hours and the 2008/09 economic downturn has not made any difference to the incidence of this mismatch.”

The work by Barbara Pocock and others at the Centre is characterised by recommendations for improvements rather than simply describing a situation.  In this data the researchers say

“Our AWALI reports over the past three years suggest that employers and public policy makers can help workers deal with work-life pressures.  This involves improving the quality of supervision and workplace culture, controlling workloads, designing ‘do-able’ jobs, reducing long working hours and work-related commuting, increasing employee-centered flexibility and options for permanent part-time work, improving the fit between actual and preferred hours and increasing care supports.”

It is obvious from these comments that OHS professionals need to work hard on these matters to create, or maintain, their workplace safety cultures.

Kevin Jones

New Bachelor degree in OHS

A new Bachelor degree in OHS is being offered at the University of Queensland.  Professor of Occupational Health and Safety Mike Capra says in a media release that

“graduates would become a new generation of highly-trained OHS specialists who would be in demand due to a workforce shortage.”

The New South Wales WorkCover has had to remind employers not to cut corners on safety due to the tough economic climate.  With the unemployment rate increasing in Australia, the demand claimed by Professor Capra is disputable.

The issue of employability was raised in a discussion forum recently.  One person pointed out that employers are able to be more selective.  When they have to choose between a graduate fresh from university or an applicant with experience, experience will win every time.

It will be interesting to see what programs the Bachelor Degree has in place to provide the necessary practical experience.

Hopefully on graduation in 2015, the career opportunities have improved with a stronger economy.

Professor Capra is quoted further.

“The program was developed at the request of the OHS industry, including peak body the Safety Institute of Australia, which saw the need for a professional qualification in the field,” Professor Capra said.  “The lack of well-qualified OHS professionals is causing alarm among members of major OHS associations, government authorities and employers.”

The biggest motivation for improved professionalism has come from WorkSafe Victoria through the Health and Safety Professionals Alliance, and only within the last couple of years.  It is is the “alarm” of the OHS regulator that seems to have been the biggest factor.  At least WorkSafe  is willing to fund the development of such a program having provided a grant of almost $A400,000 recently.

Some of the claims in the promotional video for the course are dubious (“never be out of a job”, for example) and the video could pass, in parts, for a tourism ad, but if the target audience is school leavers, the focus on fun, sun and job variety is probably relevant.

If it is the first course of its kind in Australia, as claimed, it will be very interesting to watch how it is received.

Kevin Jones

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