construction – Page 34 – SafetyAtWorkBlog

The right time to do something, or union shortsightedness

The title of this blog is deliberately positive because I find it hard to understand why, when union right-of-entry is such a hot political topic, a New South Wales Minister would defy Federal Court action and accompany union organisers onto a construction site against the wishes of the company who operates the site.

The legal action has been considerably drawn-out but Minister Phil Costa’s seems purposely inflammatory. In a report on the visit in The Australian on 12 November 2008, the Minister said he was given permission by Sydney Water and a building contractor. This confirms the confusion over control of a workplace that is being worked through as part of the National OHS Law Review panel. Who is the principal contractor? Who runs the site?

The minister says that permission was obtained from John Holland Construction and the company was accommodating. The media report did not say if there was any particular reason the minister visited although a media handler said it was a PR visit.

The CFMEU assistance secretary said the only way the union could get on site Was “as a visitor with the minister” and that OHS issues have been raised including dust, wetness and falling from heights.

The minister’s visit just confirms the beliefs of the New South Wales employers that the Labor government’s relationship with the unions is too friendly. There is some support for this perspective when the government chooses to keep Sydney Ferries out of the credit-rating fire sale, “after intense pressure from union leaders” according to one media report.

In a national context, Minister Costa’s visit illustrates the need for clarity on national OHS laws as John Holland moved from the state workers’ compensation system to the national version, Comcare, a couple of years ago. So not only did the visit raise matters of workplace control, there was jurisdictional problems.

Unless you are a construction union member in New South Wales, minister Costa’s actions had no positive result.

I have been a union member for several decades and support many of their initiatives but occasionally some in the union movement take short term gains and narrow interest over the bigger picture and the best interest of the whole union movement. Isn’t short-term gain over long-term benefit what the unions accuse the banks and the corporations of?

Construction industry bullies

Workplace bullying is a possibility in all workplaces but more so in the blue collar construction industry than elsewhere, it seems.

The front page report in The Australian confirms the blue-collar bully stereotype that the former conservative government tried to gain political mileage from, most noticeably in political advertising, but also in political rhetoric over the years.

The article reports threatening language and physical imposition towards inspectors from the Australian Building and Construction Commission (ABCC). There was verbal abuse and insults to both the male and female inspectors. John Lloyd, head of the ABCC, is quoted as writing in a letter to the building company Brookfield Multiplex, that his inspectors:

“”feared for their safety and believed they would be assaulted if they had left the vehicle”.

The article also says that John Lloyd believes the incident, being investigated by the police, to be

“the worst abuse encountered by his inspectors in 1400 building site visits.”

The ABCC has draconian powers and there is, obviously, tension between the ABCC and construction workers however there is no excuse for workers breaching their OHS obligations to visitors to their worksite, regardless of the organisation the visitors represent.

The industry and unions have tried to eradicate it for safety and political reasons but on some sites it persists. The Construction, Forestry, Mining & Energy Union says that no CFMEU employee or officer was involved in the incident. That is good news but it was very likely that many of the participants were CFMEU members. The union should remind its members that the ABCC inspectors have the right to carry on their work tasks in a safe and healthy manner even if their presence is objectionable.

The construction workers involved in this incident are doing their case against the ABCC no good at all by their threatening behaviour. Indeed it allows the Labor government the chance to use similar rhetoric to that used by the Liberal Party – construction industry bullies and union thugs. Let’s hear the CFMEU discipline their members on their OHS obligations to others.

Is there anything worn under your PPE?

Associated Press has reported on an initiative by a US postal worker to have a kilt as an option for his work uniform. According to media reports, Dean Peterson has lobbied his union colleagues to push for the clothing option because

“Unbifurcated Garments are far more comfortable and suitable to male anatomy than trousers or shorts because they don’t confine the legs or cramp the male genitals the way that trousers or shorts do.”

This is not the first time that kilts have been seriously proposed as workwear. Workplace kilts are already on sale and I remember an Australian building worker wearing one some years ago. Utilikilts is probably the best known supplier of this garb.

Whether I would wear one after over 40 years of long trousers I am not sure but with increasing hazards of working outdoors in summer, I think the kilt should be seriously considered. However I would be interested in hearing of any reasons to not permit this option on the workplace safety grounds.

Texas Crane Collapse

Large cranes are now a basic tool for high-rise construction. Over the last six months the United States has had several crane collapses. The latest occurred in Texas on 19 July 2008 and involved a mobile crane. The collapse resulted in four deaths and injuries to seven workers. Fed-OSHA is investigating but as this is the latest in a run of collapses there is increased media attention.

According to the most recent media statement by the company that owned the crane, Deep South Crane & Rigging

“The Deep South Crane and Rigging Company experienced a tragic industrial accident yesterday in Houston, TX, that resulted in the death of four members of our company family. Our thoughts and prayers are focused on our deceased co-workers, their families and friends, and the extended Deep South Crane and Rigging family.

We wish we had all of the answers on what happened and why – but we do not – and speculating on cause would not resolve anything. But we are actively working to find those answers. We are fully engaged and cooperating with OSHA in their investigation of the accident. Our common goal is to identify the root cause, correct any issue that may be found, and ensure that this type of tragic accident does not occur again.”

According to one article:

“An Associated Press analysis in June found that cities and states have wildly varying rules governing construction cranes, and some have no regulations at all, choosing instead to rely on federal guidelines dating back nearly 40 years that some experts say have not kept up with technological advances.”

Video and audio reports on the incident are available through the links below. SafetyAtWorkBlog will be reporting on any new information about the investigations

Company representative – http://www.chron.com/disp/story.mpl/front/5896374.html

Crane investigations – http://www.khou.com/video/index.html?nvid=264952

Crane investigations/”competent person” – http://kut.org/items/show/13389

Climate Change Green Paper – OHS role

At the moment I am watching Senator Penny Wong releasing the Australian government’s green paper into climate change reduction, focussing on an emissions trading scheme. Some OHS professionals have disputed the relationship between environmental management and safety management. In practice there has always been an overlap in the disciplines and increasingly in management pocesses, auditing and standards.

The Green Paper has a direct OHS impact in the mining industry where fugitive emissions now need to be measured for climate change purposes as well as for health and safety compliance. Section 5.4 of the Summary of Preferred Positions states

The following sources would have minimum standards for emissions estimation methodologies imposed from the commencement of the scheme:
* electricity sector emissions (as required for the National Greenhouse and Energy Reporting Scheme and the Generator Efficiency Standards program)
* perfluorocarbon emissions (from aluminium production, as is current business practice and used for the National Greenhouse Accounts)
* fugitive emissions from underground coal mines (as currently mandated by state safety regulations for the large majority of mines).

The issue of climate change and the government’s emphasis on business impacts means that we need to reassess some of our amentiies, facilities and work methods to accommodate increased risks from climate change. The Green Paper describes several ways that climate change will change how we work. For instance when assessing the integrity of our building facilities we need to reconsider the structural tolerances as the report says

In our built environment, a 25 per cent increase in wind gust speed can lead to a 550 per cent increase in damage costs for buildings, with risks to human safety, largely because building or engineering standards have been exceeded.

Business continuity is going to undergo a revolution in criteria to be considered far beyond what we experienced with increased terrorist risks.

Construction site deaths and union calls for manslaughter charges

Last weekend two Queensland workers fell 26 storeys from swing scaffolding to their deaths. They were patching concrete on a building from a platform similar to those used by high-rise window cleaners. According to a 24 June 2008 ABC news report: “The Construction, Forestry, Mining and Energy Union (CFMEU) says the men were wearing harnesses…

Speeding in roadside worksites

I have a confessions to make. I stick to the speed limit and in over 25 years of driving cars and riding motorcycles, I have never had a speeding ticket. That may make me sound like a grumpy old fart but I can’t see how it can be worth putting yourself and others at risk for little return….

Category: construction

The right time to do something, or union shortsightedness

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Construction industry bullies

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Is there anything worn under your PPE?

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Texas Crane Collapse

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Climate Change Green Paper – OHS role

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Construction site deaths and union calls for manslaughter charges

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Speeding in roadside worksites

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