Category: consultation

Zero Harm is a “fallacious deception” – thoughts on the 2012 Safety In Action Conference

Overall the Safety In Action Conference, currently occurring in Melbourne, has been consistent but without any standout moments.  However there have been nuggets of interest from the speakers and insight from some of the participants.

Andrew Douglas of M+K Lawyers was blunt in describing some of the actions between State Governments and the Federal Government over the harmonisation of occupational health and safety laws as “extortion” that is impeding much-needed growth.  Also, he was clear that the most effective people to undertake investigations of workplace incidents were OHS professionals as safety is their expertise.  He was adamant that lawyers are experts in law and safety professionals in safety but that they must work cooperatively.

Gerard Forlin was an enormously entertaining presenter who should have been a keynote speaker as, he himself said, he was only warming up after his half hour.  His comparisons between Australian and UK OHS law were insightful.  Industrial manslaughter laws are out of vogue in Australia but Forlin stated that corporate manslaughter laws have contributed to an increased focus on safety by senior executives, even though prosecutions under those laws have been curiously targeted. Continue reading “Zero Harm is a “fallacious deception” – thoughts on the 2012 Safety In Action Conference”

Inductions, technology and effectiveness

In relation to the new harmonised laws in Australia Amy Towers recently stated in a media release that

“Many employers still haven’t got it quite right. While most have an understanding of their new health and safety responsibilities, we’re finding the practices they do have in place don’t sufficiently meet the new compliance requirements – particularly for managing temporary or contracting staff…”

This is no great surprise.  While reviewing the compliance with incoming legislation, many law firms have similarly found that clients were not compliant with existing OHS laws.

Towers goes on to say that “businesses are most at risk of non-compliance in these areas:

Testosterone could impede collaboration

Testosterone does not have an immediate association with occupational health and safety, however it could have an impact on collaboration according to a recent article abstract in the Proceedings of the Royal Society B: Biological Sciences.

Researchers at University College London have found that

“Testosterone causally disrupts collaboration during joint decision-making – and does so by increasing individuals’ egocentricity, so that they overweigh their own subjective decisions.” Continue reading “Testosterone could impede collaboration”

New research on quad bike safety remains academic in a climate of uncertain OHS reform

Dr Tony Lower of the Australian Centre for Agricultural Health & Safety (AgHealth) has released a farm safety research report of curiosity more than influence.  The report, Farm Related Injuries Reported in the Australian Print Media 2011, makes use of the media monitoring services that the centre has been using for over five years.  The accompanying media release, not yet available online, summarises some basic findings:

“According to the report released by the Centre today, the 2011 information illustrates a 60% drop in the number of on‐farm injury deaths when compared to the early 1990’s, where the average number of deaths was 146 per year. “This reduction over the past 20 years is fantastic news, however by our estimates, many more deaths can be prevented by adopting solutions which we know from the evidence work” said Dr Lower.

The study results show that quad bikes (18) were the leading cause and made up 31% of all deaths.

Meanwhile tractors (10) were responsible for 17% of incidents. Tragically, seven of the fatal cases (11%) involved children aged 15yrs and under, with quad bikes (3) and drowning (2) being most frequently involved.”

An understandable limitation of the report is the fact that the social influence of print media is much less than in previous decades and that the report misses multimedia and the new medias.  This is one of those research reports than can genuinely suggest additional research to increase the relevance of the findings.   Continue reading “New research on quad bike safety remains academic in a climate of uncertain OHS reform”

Disagreement on workplace bullying strategy increases in Australia

According to The Australian newspaper on 5 January 2012 the Australian Council of Trade Unions (ACTU) is extremely critical of Safe Work Australia’s draft Code of Practice on Workplace Bullying. The ACTU has said that the draft code has a “fundamental flaw”

“… the failure to address workplace bullying in the same framework as any other workplace hazard/risk.”

This is a significant challenge but without access to the ACTU submission on the draft code it is difficult to determine the exact context of this fundamental flaw.

Of more concern is the apparent move by the ACTU, according to The Australian, to have single instances of inappropriate behavior covered by the workplace bullying code. This is contrary to the bullying concept that only repeated instances of abuse should be considered bullying.

Regardless of this challenge to established definitions, it is very hard to see how such a situation could be enforced by either OHS representatives or OHS regulators. The regulators have struggled for years with the existing definition and could have no effective role in workplaces if the unions’ wishes were successful. Continue reading “Disagreement on workplace bullying strategy increases in Australia”

Inadequate risk assessment results in an injured worker and $99k fine

There is increasing attention being given to the preparation of Safe Work Method Statements (SWMS) in Australian OHS laws.  Amongst many purposes, SWMS should provide a basic risk assessment of tasks being undertaken, usually, that day.  Often SWMS are too generic by being prepared days or weeks earlier, often SWMS miss the big risks by looking at the small risks.  A New South Wales Workcover news release on 9 December 2011 indicates the potential inadequacy of risk assessment.

The media statement reports on a $A99,000 fine against Bulk Maritime Terminals Pty Limited (BMT).

“On 17 September 2008 two employees were unloading 25 to 30 bulk bags of clay powder into a tanker truck for transportation. Each bag weighed approximately 900kgs.

One employee was using an overhead gantry crane to lift each bag from the floor of the warehouse to the height of the tanker. The second employee was harnessed to the top of the tanker truck to open the spout on the bag.

After being lifted off the ground, one of the bags fell off the crane hook, knocking the operator of the crane to the ground. Continue reading “Inadequate risk assessment results in an injured worker and $99k fine”

OHS Strategy to nowhere

Throughout 2011, Safe Work Australia (SWA) has been conducting consultative workshops in the development of the next ten-year National OHS Strategy.  SafetyAtWorkBlog reported previously on the Melbourne meeting.  SWA has released their report into that Melbourne meeting.

The meeting had a set of criteria for the stakeholders to consider.  Sadly, there was no forewarning of the issues to be discussed so the workshop took some time to gain traction.  With only one day of consultation, it would have been more productive to release the agenda topics a day or two earlier.  These topics, each of which could have generated at least a half-day’s debate, are listed below

“Social/Economic/Emerging Issues in the Workforce, Business and Technology…

Hazards – Enhancing the capacity of workplaces to respond to:

  • Disease-Causing Hazards …
  • Injury-Causing Hazards …
  • Psychological Injury-Causing Hazards …

Work Health and Safety Systems – Challenges and Solutions in Safe Design and Work Systems, Skills and Training, and in Safety Leadership and Organisational Culture…..”

The report has responses to each of these topics but many of the suggestions are already known.  The lack of creativity in the suggestions is largely disappointing.  The responses to “what will success looks like in ten years” are mostly extensions of programs that are already in place or a perpetuation of the “way things are done now”.  Innovation was largely missing, perhaps due to the participants not being able to lose their own agendas.  The earlier SafetyAtWorkBlog article discussed the negative impact of the shadow of harmonisation, a term found only once in SWA’s report. Continue reading “OHS Strategy to nowhere”

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