Abolition of Construction Code is a return to the past on OHS

The new Andrews Government in Victoria has followed through on its election pledge to abolish the Construction Compliance Code Unit (CCCU) of the Department of Treasury and Finance. It announced this in a peculiar manner within a media release on whooping cough, a process that Senator Abetz went to town on. But Premier Andrews’ decision raises the question of, if the Code is gone, what replaces it? The simply answer is nothing.

A spokesperson for the Premier advised SafetyAtWorkBlog that

“The Andrews Labor Government has delivered on its election commitment to scrap the Victorian Code of Practice for the Building and Construction Industry and its monitoring body the Construction Code Compliance Unit (CCCU).

Contractors bidding for Victorian Government work and applying for pre-qualification on construction registers will still need to meet safety and industrial relations management criteria. Contractors must also have occupational health and safety policies and procedures to meet legislative and regulatory requirements.”

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Trade Union Royal Commission affects OHS credibility

Whether one believes that the Royal Commission into Trade Union Governance and Corruption is a political witch-hunt or a genuine attempt to clean up a corrupt industry sector, the Royal Commission seems to have revealed an abuse and exploitation of occupational health and safety (OHS) – an exploitation that has received next to no attention. The release of the Commission’s interim report allows for a quick analysis of this situation.

Former Prime Minister Julia Gillard was a particular target of the Commission in relation to a “slush fund” established by her then-boyfriend, Bruce Wilson, commonly referred to as the “AWU affair“.  The “slush fund”, known as the Australian Workers Union Workplace Reform Association, was developed, according to Gillard

“… to support the re-election of union officials who would campaign for workplace reforms including better occupational health and safety.” (Interim Report, Vol 1, page 99)

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Media tips for Australian OHS professionals

The occupational health and safety (OHS) profession in Australia has suffered from the lack of a public voice.  This is partly due to ineffective and disorganised professional associations but more it is due to fear – fear of embarrassment, fear of ridicule, fear of failure….  This is peculiar because a fundamental element of OHS is communication.  Below is some information from an Australian journalism textbook that may help reduce some of that fear.

Code of Ethics

The Media Entertainment and Arts Alliance (ie. the journalists’ “union” in Australia) publishes a Code of Ethics. (Similar organisations round the world have equivalent documents and obligations)  This is vital information for any journalist but also important for those who want to engage with the media, perhaps through interviews.  For instance, on the use of sources, the Code says

“Aim to attribute information to its source.  Where a source seeks anonymity, do not agree without first considering the source’s motives and any alternative attributable source.  Where confidences are accepted,  respect them in all circumstances.”

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Workplace Safety finally gets a mention in the Victorian election campaign (sort of)

On 25 November 2014 the Federal Minister for Employment, Eric Abetz, attacked the Victorian Labor Party over its pledge to revoke the Construction Compliance Code which, primarily, deals with industrial relations but also has some occupational health and safety (OHS) requirements.

Abetz states that

“the Victorian Shadow Industrial Relations Minister [Natalie Hutchins] falsely claimed that the Code would not improve workplace safety, despite the numerous improved safety standards that it contains.”

The claim, apparently in the Herald-Sun newspaper, cannot be verified except through a reference in a news.com.au article. The original quote seems unavailable.

It is curious that this OHS criticism has come from a Federal Parliamentarian instead of from Victoria’s own Industrial Relations Minister and Attorney-General,

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Lack of progress on Safe Work Method Statements shows immaturity

On 27 October 2014 the Safety Institute of Australia, with the support of RMIT University conducted a seminar on safety in the construction industry.  As with the event last year the issue of Safe Work Method Statements (SWMS) dominated the conversation.  The same frustrations were expressed as last year – SWMS are too big and complex, they are demanded for tasks they are not legislatively required for, they are rarely read, they are rarely reviewed and they are written only in English.  What was missing was an indication of  who is (over)demanding SWMS and why.

The seminar contained one client representative experienced in major construction projects who said that he was not directly involved with SWMS as the contract demands only that work is undertaken safely with predetermined levels of risk and reward.  That level of safety may or may not involve the use of SWMS – SWMS were not prescribed.

He did not review SWMS unless there was a specific reason and most of the time there was not.  It could be argued that too much involvement by the client in how the project is to be completed implies a shared OHS responsibility with the client, changing the client/contractor relationship.

One construction industry representative said that they have been able to reduce the number of SWMS to around twenty types for each of the active construction projects.  This has been achieved by limiting the SWMS to the 19 high risk tasks identified in safety legislation.  It was significant that this perspective came from the top-level of construction companies, the Tier Ones.

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When developing a mental health/wellbeing plan, suicide should not be forgotten

Cover of MIC-Report-October-2014In developing harm reduction and prevention strategies, the occupational health and safety (OHS) profession likes to look at worst case scenarios on the understanding that dealing with an extreme event introduces mechanisms that deal with lesser events.  Partly this is a legacy of Bird’s Pyramid.  During this current month of attention on workplace mental health, the issue of work-related suicide is unavoidable as a worst case scenario for depression and mental ill-health.  There are several new pieces of data on work-related suicides that OHS professionals need to consider as part of their own professional development and to increase their organisational and operational relevance.

Mates In Construction

In October 2014, the Mates In Construction (MIC) program released a report on “The economic cost of suicide and suicide behaviour in the NSW construction industry and the impact of MATES in Construction suicide“. Below is a summary of some of its findings, in Australian Dollars:

“The average age of each suicide fatality among construction industry workers was 36.8 years and 37.7 years in QLD [Queensland] and NSW [New South Wales], respectively.”

“The average cost of a self-harm attempt resulting in a short-term absence from work is estimated at $925 in 2010 dollars.”

“Each self-harm attempt resulting in full incapacity is estimated at $2.78 million; and, each suicide attempt resulting in a fatality is estimated at $2.14 million”

“The key cost driver for full incapacity and a fatality is lost income, equivalent to 27.3 years productive years”

“Across all categories, the burden of cost associated with self-harm and suicide is borne largely by the government: 97% or $4.80 million of the total combined cost of $4.92 million.” (all in page 3)

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When safety equipment fails to be safe, nobody’s watching

Twelve months ago, some Australia media, including this blog, began reporting on safety concerns raised by the Working At Heights Association (WAHA) about the reliability and suitability of anchor points.  Australia is currently in the middle of Safe Work Australia Month and there seems to have been little progress on the issue.  A reader of SafetyAtWorkBlog provided the following summary and update of the situation:

Who checks the true safety of equipment designed to save the lives of Australian workers? Nobody in particular, it seems.

Last September, the Working At Heights Association, an industry body staffed by volunteers, revealed many of the most commonly-used roof anchors failed to meet basic safety standards. Almost a year later, the association is still battling to see rooftops made safe, despite repeated appeals for action from the OHS regulators and the absence of the Australian Competition and Consumer Commission (ACCC).

 An estimated 800,000 Australians work at height and routinely clip their harnesses onto safety anchors. A worker falls to his or her death every 12 days and WAHA chairman Michael Biddle said authorities should be concerned. Biddle told Industry Update magazine

“It’s the third highest cause of death in the workplace after motor vehicle accidents and being hit by moving objects. In most cases, regulators are more concerned in taking a reactive approach after an accident has happened.  There is a great need for an enhanced level of enforcement.   If we had an increase in penalties and stronger enforcement of standards I’m sure we would see a higher level of compliance by industry.”

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