Category: construction

Federal Safety Commissioner begins review of SWMS info

Recently, the issue of Safe Work Method Statements was discussed at a construction safety conference in Canberra.  SafetyAtWorkBlog reported that:

“Several delegates stated their belief that the Office of the Federal Safety Commissioner (OFSC) is largely to blame for the over-emphasis on SWMS in the construction sector and for the bloating of SWMS into a document that does little to improve safety and is more related to meeting the audit criteria of the OFSC”

Last week, the Office of the Federal Safety Commission (OFSC) removed the webpage that led to its Fact Sheet – Guidance for producing Safe Work Method Statements.  The webpage now says that

“The Guidance for producing Safe Work Method Statements (SWMS) Fact Sheet is currently under review.”

What’s going on? Continue reading “Federal Safety Commissioner begins review of SWMS info”

No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush

Australian politics is currently embroiled in a dispute generated by a contractor entering the telecommunications pits of the asset owner. Some, or many, of the pits contain asbestos and the contractor’s work, the laying of new fibre-optic cables, may disturb the asbestos. There are many other concerns but that is the nub.

The Australian newspaper has been running on this issue for many weeks but one article in today’s edition called “Tak​ing a dig: will Bill come up short?” (page 9 – online paywall), by David Crowe, caught my attention. Crowe reports that:

“The Aus­tralian has been told Tel­stra chief ex­ec­u­tive David Thodey wrote to Shorten in De­cem­ber 2009 to ar­gue against his pro­posal for a ‘‘proac­tive’’ pro­gram to re­move as­bestos from the com­pany’s pits. Thodey gave three rea­sons for not pro­ceed­ing: the cost; the risk of re­leas­ing as­bestos; and the fact plans for the NBN were in train but had not been locked in.”

I realise that the OHS legislative concept of “reasonably practicable” does not extend to all facets of life but if it were applied to the current asbestos exposure (and I think it could) Thodey’s three reasons given above would be crucial in any potential prosecution, particularly if the reasons in Thodey’s response to Bill Shorten were listed in order of priority. In OHS law, cost is the last element to be considered in determining a reasonably practicable hazard control measure.

Continue reading “No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush”

Serious questions raised over the role of Safe Work Method Statements

Any safety conference involving the Australian construction industry will have some discussion on Safe Work Method Statements (SWMS) and this weekend’s Building Safety conference was no different. During the presentation on Saturday by the Federal Safety Commissioners, SWMS was bubbling along underneath many of his words and statements. Sadly, the audience (now) seems to have been too polite to ask him questions about the elephant in the room. There was no such hesitation following the presentation by Brookfield-Multiplex’s Paul Breslin on the Sunday.

Several delegates stated their belief that the Office of the Federal Safety Commissioner (OFSC) is largely to blame for the over-emphasis on SWMS in the construction sector and for the bloating of SWMS into a document that does little to improve safety and is more related to meeting the audit criteria of the OFSC.

Continue reading “Serious questions raised over the role of Safe Work Method Statements”

“Rule #1 – No Poofters”

The Building Safety conference this weekend had one or two underwhelming speakers but these were overshadowed by some brilliant presentations, and by brilliant, I mean challenging. I had no indication of what was to come from the presentation by Dr Dean Laplonge on gender. His presentation has caused me to begin to reassess my own (male) perceptions and those of the safety profession.

The title of this article is a Monty Python reference where a professor from England joins the Philosophy Faculty of the University of Woolloomooloo. He is inducted into the faculty by being told the rules and he even has his name changed to Bruce. This sketch is a good example of humour through hyperbole but over the decades this sketch has become more disturbing as, amongst others, it shows a gender perspective of the early 1970s that, in some industries, still echoes.

Continue reading ““Rule #1 – No Poofters””

Six years jail for injury reporting fraud

B0000187“If it can’t be measured, it can’t be managed”* has been a mantra of business for decades but all measurement can be corrupted.  One of the most contentious elements of occupational health and safety (OHS)  is the measurement of safety performance and a recent prosecution in the United States provides an important lesson for OHS managers everywhere, even though details are scarce.

“On Apr. 11, 2013, Walter Cardin, 55, of Metairie, La., was sentenced to serve 78 months in prison followed by two years of supervised release…. after being charged by a federal grand jury with eight counts of major fraud against the Tennessee Valley Authority (TVA), an agency of the United States.” [link added]

According to the US Attorney’s Office

“Cardin generated false injury rates which were used by the Shaw Group to collect safety bonuses of over $2.5 million from TVA. … Cardin was convicted of providing the false information about injuries by underreporting their number and severity… The evidence presented at trial encompassed over 80 injuries, including broken bones, torn ligaments, hernias, lacerations, and shoulder, back, and knee injuries that were not properly recorded by Cardin. Some employees testified that they were denied or delayed proper medical treatment as a result of Cardin’s fraud. Evidence showed that Cardin intentionally misrepresented or simply lied about how the injuries had occurred and how serious the injuries were.” [link added]

There are many safety management issues related to the conduct of Walter Cardin. Continue reading “Six years jail for injury reporting fraud”

Fall prevention in Australia needs a major overhaul

Below is a guest post from long time SafetyAtWorkBlog reader, Marian Macdonald.

“If you need to use that, you’ll almost certainly die,” says fall prevention expert Carl Sachs, pointing to a guardrail on the rooftop of a multi-storey Melbourne office block.

Fixed to flimsy aluminium flashing, the guardrail flies in the face of several mandatory and voluntary standards but Sachs says non-compliances are more the norm than the exception on Australia’s rooftops. The problem, he says, is that height safety equipment installers need no training or qualifications and nobody is checking that their work really is capable of saving lives.

“Australians wouldn’t accept unqualified electricians wiring our houses but, as it stands, all you need is a ute, a credit card and a cordless drill to install the safety gear that stops us falling off skyscrapers,” he says.

It’s a concern echoed by, plumbers, building surveyors, facility managers and builders.

Paul Naylor of the Master Plumbers Association of NSW, says plumbers risk deadly falls daily.

“Whilst due diligence principles can be applied and all care taken to ensure that height safety systems are adequate, without some form of regulation or certification, workers are placed at risk of serious injury everyday due to a lack of knowledge and regulation specific to fall prevention,” Mr Naylor says.

Continue reading “Fall prevention in Australia needs a major overhaul”

Master Builders’ curious response on construction safety

In November 2012, the Australian Capital Territory (ACT) government released “Getting Home Safely“, a damning report written by Lynette Briggs and Mark McCabe, into the safety culture and performance of that territory’s building and construction industry.  But the Master Builders Association of the ACT has rejected several recommendations and questioned many others, yet refuses to release the evidence that it is assumed would support their position.

Cover of http___www.mba.orgIn February 2013, ACT’s Minister for Workplace Safety and Industrial Relations, Simon Corbell, accepted all 27 recommendations of the report, much to the surprise of some of us.  Corbell said in his media release that

“It is no longer acceptable for people in the construction industry to say there are safety issues in construction sites and then do nothing about them. This report compels unions, employers and government to stand up and actively promote a culture where everyone looks out for their mates, and everyone can go home safely every day…”

“As the report highlights, this is not simply an issue for Government. Safety is an issue for every person on a construction site with principal contractors, sub-contractors, workers, unions and the Regulator all working together.

“The Government expects employers and unions to demonstrate leadership on this issue.”

Safety Leadership or Conspiracy Theory

Today the Master Builders Association of the ACT released its response to “Getting Home Safely” (the Gower review).  That response indicates that not all Minister Corbell’s expectations are going to be met with the MBA.  In some ways this confirms many of the concerns in the report. Continue reading “Master Builders’ curious response on construction safety”

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