construction – Page 33 – SafetyAtWorkBlog

It’s not what you do, it’s the way that you do it

One of my colleagues has described her role in a corporation as an “irritant”. She is responsible for quality, environment, risk and OHS – all of those required business elements that companies will avoid or ignore if they could. Her company acknowledges that these elements are necessary and values her role and efforts.

OHS professionals could benefit from realising that in most circumstances, they are not welcome, or rather, their advice is not welcome. OHS is a bitter pill for many companies. But handled well, explained and discussed, OHS can be a substantial agent for positive change.

Sadly, one construction industry unionist in Australia is doing more harm than good. Joe McDonlad is an experienced unionist who is undoubtedly committed to the safety of his members in Western Australia’s construction industry. However, he does not respect the law or due process.

This week, Joe McDonald was fined $10,000 by a Perth Magistrate, Jeremy Packington, for unlawfully entering three building sites in 2007. McDonald’s actions generated considerable political discussion at the time, mainly because his actions occurred during an election campaign.

Safety improvements can be achieved without confrontation and insults. A major OHS principle is consultation. McDonald is a safety-focused trade unionist who may succeed in his aims to improve safety for his members. But the manner in which he conducts his services is causing widespread damage to the cause of OHS in the general community, employers’ perceptions of OHS and the trade union movement in general.

Sometimes the bigger picture is important.

An audio report and a video report of Joe’s action on the construction site and his thoughts on safety are available online.

Kevin Jones

Union abuse of workplace safety

The fragility of Australia’s agreement for OHS harmonisation is illustrated in an article by Michael Stutchbury of The Australian. He mentions the potential domino effect resulting from the West Australian Treasurer’s desire to keep his options open. New South Wales and Queensland see that a (politically unpalatable) out is possible.

The freshest information in his article was that the CEO of the Business Council of Australia (BCA), Katie Lahey, has described OHS harmonisation as “linchpin” in the government’s push for a seamless national business economy, according to Stutchbury. This perspective is one that should be watched closely as the BCA is not renowned for its OHS innovation or advice.

Stutchbury misinterprets the pledge by the Construction, Forestry Mining and Energy Union (CFMEU)

“to make safety the key to their battle against the ABCC’s powers”.

The union is applying safety to their industrial relations battle with the ABCC because their initial attack failed. The Government has watered down the ABCC’s powers but the ABCC will continue to exist. Indeed the “lawlessness” of the unions has caused the Government to continue with regulatory oversight of the construction industry beyond the ABCC. The unions are flogging a dead horse (albeit for excellent ideological reasons) and, as a result, are reinforcing the political and community perspectives of union “thuggery”.

The ABCC action against unions has not been on the basis of health and safety, as far as SafetyAtWorkBlog is aware. It has been on the issue of union conduct, the way the union progresses on OHS matters. The ABCC concerns stem from the process itself and not the origin of the process.

The Australian union movement needs to realise that it is its heavy-handedness on industrial relations that is impeding its progress on several fronts. It is not getting the ear of what traditionally has been a sympathetic political party and it is failing to gain any ground in the community because of its brash conduct. As a result it is not attracting new members.

It is also disappointing that health and safety is trotted out as a Plan B. This has happened repeatedly and has resulted in the tactic being seen as minimally effective. The union movement needs to see that OHS is a core value of union membership. Workers can be confident that an OHS issue brought to management with the union’s support will get an audience, and is more likely to get fixed.

The unions will gain new members by emphasising the positive and direct benefits of union membership. A possible campaign start could be

“You will be safer at work with a union”.

There is a place for ideological protest. The point needs to be made that the powers of ABCC are inappropriate. But the ABCC was introduced in response to union arrogance and excessive testosterone. A change of culture in the union movement some time ago would have allowed it to focus on the future of its members rather than continue with its outdated and unpopular belligerence.

Kevin Jones

Worker health continues to get government support

Just because Victoria’s WorkHealth program is not functioning anywhere near its initial intention, it does not mean that the issue of workers’ poor health is being ignored. In mid-June 2009, Australia’s federal government announced a targeted program called the Tradies Tune-Up.

The funding for this program is very modest in comparison with WorkHealth’s proposed riches. According to a media statement, the government is allocating $A219,500 to “monitor and check on the health of building and construction workers.” This sector was chosen because statistics show

“…that men working in manual occupations, like construction, have higher mortality rates, disability and serious chronic disease than other professions. Statistically, they are also at greater risk of self-harm and suicide.”

This program has a greater opportunity for success as it is coordinated through OzHelp Foundation, a partnership between the ACT branches of the Master Builders Association and the Construction, Forestry, Mining and Energy Union. The construction unions, to the knowledge of SafetyAtWorkBlog, have always had strong mental health and wellbeing support programs, often run through chaplaincies, a much neglected form of employee assistance program.

As has occurred elsewhere in Australian workplace services, the program will operate with the support of a mobile assessment vans. The program will have

“a specially equipped van and accompanying health staff including a registered nurse will set-up ‘pit-stops’ at construction and building sites testing workers in 20 minute sessions on their levels of cholesterol, blood pressure, blood glucose and waist size.”

The government has also committed to develop a National Men’s Health Policy to be finalised later this year.

Health assessment programs that go to the workplace and, importantly, have the support of the union movement have a good chance of success but that success is not just the number of visits. They must have tangible health improvements to the workers.

Also assessments are not enough to simply inform someone they are fat and unhealthy. There must be a support program for health improvement and the reduction of unhealthy distractions.

OzHelp should not be seen as a Rudd government initiative or only something that can thrive under a sympathetic Labour government. The foundation has existed for almost five years as can be seen by this media statement.

Such programs also must operate with specific performance benchmarks. Currently there is no information available about program benchmarks or what timeline is being applied to the program. As the program is receiving government funding, it may be necessary to await for department annual reports, if this type of program is reported at all.

Kevin Jones

New Inventors – scaffold safety – video

For several years now the Australian Broadcasting Corporation has run the New Inventors. This show displays new Australian inventions which increasingly is showing innovations in workplace safety. In the past many award winning hazard solutions have first come to the attention of the marketplace and OHS regulators through the program.

On 17 June 2009, the show included an innovative scaffold fall protection barrier, HeightGuard. For a limited time only, the video of the invention is available online. The product should be seen to be best understood.

A media release on HeightGuard is also available in support of the inventors’ appearance at the Queensland Safety Show.

Kevin Jones

Union movement misdirects on OHS

According to an AAP report on 3 June 2009, the ACTU is forecasting action on the matter of workplace deaths. Although the issues is heartfelt and important, the Australian union movement mostly discusses OHS in relation to its opposition to the Australian Building and Construction Commission. The AAP report is a good reflection of this.

ACTU secretary Jeff Lawrence states that the rate of workplace fatality is unacceptable but is then quoted as saying

“The high level of deaths and injuries in the construction industry is a national disgrace and yet safety standards have got worse in the period the Australian Building and Construction Commission (ABCC) has operated.”

It has never been the role of the ABCC to regulate workplace safety obligations. That obligation sits with the State OHS authorities and maybe the Australian Safety & Compensation Council (now Safe Work Australia).The union movement has been instrumental in improving safety on worksites throughout Australia but Jeff Lawrence’s misdirection to the ABCC does a disservice to the efforts of OHS professional and health & safety representatives.

Kevin Jones

Workplace safety can be funny

This week workplace safety on a building site received a much needed dose of humour. The Australian show “ThankGod, You’re Here” had a comedian enter a pretend building site and have to face questions from an OHS inspector as if he was the owner of the site.

The sketch has added impact because of its timing. It is hard to imagine this occurring ten years ago in a society and industry where OHS compliance was less valued, when hardhats were considered optional and when brightly-coloured vests looked stupid. That the sketch is funny is a measure of how OHS regulation and enforcement has matured and just how successful the OHS regulators have been in changing the society’s attitudes to workplace safety in Australia.

Also, it shows something more illustrative of comedy, more true. In the sketch there are some wonderful stunts done by a small earthmover. Only last year there was outrage, and fines, over some forklift stunts done for real by a young driver in Melbourne. The environment makes the difference between laughter and outrage.

The success of the TV show’s concept is also indicated by the issue of the 12-year-old welder on the building site. The comedian, Merrick Watts, removes the issue of age by insisting the young boy is actually in his fifties and just looks younger.

WorkSafe Victoria, whose logo is worn by the pretend inspectors in the sketch, have said that they did not pay for brand placement and that the show did not belittle the work they do. In fact the show “actually showed that we have a job to do and that there are good reasons for it.”

Kevin Jones

Australian trade unions hijack the World Day of Safety

Every year the ILO sponsors the World Day for Health and Safety At Work on 28 April 2009. This day is a day of remembrance for most countries where people reflect on those who have died at work in the previous year. Each year, these days are full of tears and grief, and motivation for safety professionals to work harder.

When handled well these are days of sorrow and dignity. Sadly, occasionally, these days are hijacked by the trade union movement in their industrial campaigns that only indirectly relate to workplace safety.

A couple of years ago, at the height of the union campaign to oust the Howard Government in Australia, the Victorian Trades Hall spokesperson, Brian Boyd, spoke passionately in support of the campaign. His political calls did not relate to the memories of the dead workers who people were there to remember and mourn.

For 2009, the Construction Forestry, Mining and Energy Union has imposed their campaign against the Australia Building & Construction Commission on the World Day for Health and Safety At Work, or Workers’ Memorial Day, whichever matches one’s political leanings. This demeans the original intention of the day and should be criticised.

The tenuousness of the ABCC campaign and safety is discussed elsewhere but it is inappropriate for the CFMEU Construction Division National Secretary, Dave Noonan, to link in a media statement the two issues:

“Each week on an Australian construction sites, statistics show that a worker will die. We cannot let this go on for another week let alone for another five years. Construction workers and unions are today making a stand for safety. If that means we have to have stop work meetings for safety or refuse to cooperate with the ABCC, then that’s what we’ll do.”

It is believed that there are no restrictions for meetings to discuss OHS matters on construction sites but there are conditions for union right-of-entry on OHS matters as listed below. The processes seem reasonable and are similar to the processes applied for several years in the Victorian jurisdiction.

It is disappointing to the OHS profession to link safety with a non-safety-related industrial campaign. What is more disturbing is the misuse of a memorial day to dead workers for political ends.

Kevin Jones

According to the website of the ABCC:

“1. A union official must have one of the following valid reasons to enter your site:

Investigate, on reasonable grounds, a suspected breach of the Workplace Relations Act 1996, a collective agreement, an award, an AWA or an order of the AIRC

Hold discussions with members or workers eligible to be members of the union

Perform inspections and functions under an OHS law *

If none of these reasons apply you have the right to refuse entry.”

Also

“Union officials must comply with your reasonable requests about:

The rooms or areas they may use on the site for holding discussions

The route they should take to access those rooms or areas

Occupational health and safety”

* Under the Workplace Relations Act 1996 union officials who enter a worksite for OHS purposes must hold a valid federal permit, produce that permit on request, exercise those rights during working hours and comply with reasonable OHS requirements.

Category: construction

It’s not what you do, it’s the way that you do it

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Union abuse of workplace safety

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Worker health continues to get government support

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New Inventors – scaffold safety – video

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Union movement misdirects on OHS

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Workplace safety can be funny

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Australian trade unions hijack the World Day of Safety

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