“Union safety”?

Reading an article about CFMEU organiser, Joe McDonald, today illustrates an important differentiation to be kept in mind.  A unionist’s benchmark for safety compliance may differ from that of the employer, regardless of the fact that the employer has the major legislative obligation to establish a “safe and healthy work environment”.

Joe McDonald pledges to keep his members safe.  A spokesperson for the construction company said

“…there were some safety issues at the site but said they were being addressed when the union walked out.”

How does walking away from OHS consultation improve safety?

The cause of the confusion on “safety” comes from the weakening of prescriptive legislation and codes to accommodate operating costs, and in the increase of the  “reasonably practicable”  test.

The union movement in New South Wales had the most extreme level of OHS regulation in Australia.  It was hated by the business sector and has been weakened by the government as a result of federal pressures and aims but, the fact that New South Wales has achieved a 2% reduction in the injury incident rate, may add weight to the unions’ desire to retain the legislation.

There is a fundamental dichotomy of regulatory and operational approaches in OHS management in Australia currently that the harmonised OHS system may only exacerbate.  It is now up to the Safe Work Australia boffins to keep an open mind in harmonisation negotiations but to also remained focused on the aim of any OHS legislation which is to keep people safe.

Kevin Jones

OHS regulator resources in perspective

It is essential for corporate OHS policy-makers to leave their high-rise offices to experience high-risk workplaces such as factories and small business.  This exposure to reality will add a practicality and ease of implementation to their OHS initiatives.

3i17 coverIn a similar way it is important that OHS professionals in industrialised nations with online references immediately to hand, and assistance at the end of a mobile phone call, realise that workplace safety can implemented, taught and regulated with a lot less.  Some countries have no option but to work with lean resources but good skills.

In 2002 I conducted an interview with Stanley D Pirione, the Deputy Commissioner of Labour for the Solomon Islands.  In 2008 Mr Pirione was the Under-Secretary – Strategic Policy and Reform of the Public Service.  Over the last seven years, the Solomon Islands has faced many political and economic crises.

The interview below is from 2002 but, I think, it is a useful reminder of how some our colleagues have to achieve similar performance targets with a lot less.

Kevin Jones

SAW: Could you provide us with an outline of your Department’s activity and structure?

SP: Eight workers usually staff the OHS Unit but at the moment, we have only 3 workers. We operate under the Labour Division of the Ministry of Commerce and Employment and Industries. The main objective is to provide protection for workers from work hazards, promote and control safety and health at the workplace and provide advice to employers and employees about their respective duties as stipulated in the various Acts and Laws. We also carry out inspections on work policies and practices within industries to ensure compliance with our standards.

We also have Labour Inspectors who conduct respect inspections and surprise inspections. We usually go on tours to the provinces. The geography of the islands means that the islands are very far from Honiara, the main place. We conduct no more than two or three visits a year.

We promote Labour laws through the local newspapers, brochures, even through the radio. We host workshops and seminars for the middle managers and health and safety officers.

SAW: Does the Department’s workforce include the Inspectors?

SP: We usually conduct inspections on Honiara because it is less costly and close to our offices. The islands are very scattered and it can take 10 to 15 hours to travel by boat to the other side. To go by plane is too costly.

We do have overseers in our sub-centres but due to the government problems, some of the workers have been called back to the main centre in Honiara. But what we are doing now is we are providing “extension services” where we appoint workers from the private sector to do labour inspections for the Government. We go through a number of procedures with them; the Government blesses them and gives them the mandate to inspect. These people then have the same powers as the Labour Officers. We are opening up for those in the private sector.

For the past 16 or 18 months, the rate of inspections has really declined because of our problems in the Solomons.

SAW: How is the integrity of the inspection by the “extension services” maintained?

SP: We appoint inspectors in their own respective fields, especially those in manufacturing, mining, fisheries and forestry. Each inspector inspects within his own area of work.

SAW: In a country of limited resources, what is the major source of information on new OHS hazards, or hazard controls?

SP: We always tip in on ILO Suva who give us much information. Last year, two of our officers attended regional workshops on health and safety in Nadi. We make use of this information and then disseminate it to the industries.

However, the standard of information to the public is very low. Most of the workers in the industries are not really aware of the safety standards. The Government itself has not really recognised the role of the OHS Unit. We work on every possible means of resources that we have in giving them out to these people.

SAW: How long has the Solomons had workplace safety legislation?

SP: Since Independence. We have only two Acts here – the Workers Compensation Act and the Safety At Work Act. They were enacted in Parliament in 1982 and the latest review was in 1996. We still need to update these Acts because there are a lot of things to be done.

The standard of safety practiced by foreign companies in the Solomons is very much higher compared to our safety legislation. The Safety At Work Act is too general. It does not cover specific industries like those in mining and fisheries

SAW: I suspect that overseas companies dominate mining.

SP: So far, we only have one mine and mining company, an Australian company. But it is the logging industry that has dominated the workforce here.

We have 15 to 18 logging operations in the Solomons, mostly from Malaysia. The problem is that this group do not enforce their labour standards here, compared to the New Zealand and Australian companies.

SAW: Do the Solomons pay close attention to voluntary standards imposed by overseas companies?

SP: The conditions we place on foreign companies when they move in are to make sure that their standards match ours. But there are too much politics involved and then they will just get through. We usually make use of the powers that we have available through our legislation. We give companies enough time to improve on their standards. Mostly when the investors come in we say this is what we expect from you.

SAW: Many countries have to balance the enforcement of safety standards so as not to deter investment. Is that the case in the Solomons?

SP: The Government has appealed to all the Departments to facilitate as much as possible to let these people in. There should not be any hindrance, there should not be any delay in processing whatever they intend to do. In fact health and safety is also treated as a hindrance to their intended activities but we always state that they should not operate below our standards.

SAW: Do the Australian companies have difficulty in that arrangement?

SP: The Australian companies in mining and manufacturing have higher standards than their Asian counterparts. We always use their standards to inspect, particularly in the Asian logging companies. We are using Codes o Practices as guidelines, from New Zealand, even from Australia. We use them as a standard, we know that that is higher than the one we have here but we know that that is internationally recognised.

SAW: Is logging the dominant industry in the Solomons?

SP: For the post 10 years or so, logging has been the dominant industry. The logging companies employ 20-30% of the private sector. This is the industry that we have a lot of injuries from. Mostly, minor injuries like cuts and lacerations. Over the last 5 years we have received many accidents from the manufacturing and forestry sectors. We have an average of 2-3 fatal cases each year.

SAW: Principally in the logging industry?

SP: Yes

SAW: Are injured logging workers rehabilitated through the companies’ processes or is the compensation and rehabilitation mainly through the Government’s workers compensation legislation and processes?

SP: For fatal accidents, the company pays out for the funeral expenses. They meet all the payments and sometimes pay some compensation to the worker’s relatives and dependents. That is treated differently from what is required under the Workers Compensation Act.

We follow our own formula and procedures. The companies have nothing to say about that. Once we give a claim, we charge them for negligence, for not abiding by the provisions. There should be no questions about that.

For small incidents like abrasions, contusions or small simple fractures or sprains and strains, we follow the Workers Compensation Act.

But there are particular arrangements that occur between the employee and the employer, outside of the Act. We always welcome those.

SAW: Are the mines in the Solomons open-cut or underground?

SP: Open cut. The mining industry is very new and started about 6 years ago. We haven’t yet tried to make provisions for Codes of Practice with regards to mining. We are confident because of the standard of health and safety within this mining company. We are not concentrating on mining because we know too well that the standards are much higher than in logging.

SAW: What industry do most people want to be employed in? Is it logging because of high pay? Alternatively, is it mining because it is a safe industry with an Australian company? Do the citizens of the Solomons consider safety when they go for jobs?

SP: These industries have generated a great deal of money in a very short time. These have attracted workers because of the high pay and all sorts of allowances. Before that most of the workers were focussing in the manufacturing sector or the fishing sector. Just because the work is lighter particularly in the manufacturing sector, there’s not as much exposure to hazards. There is a lot less risk than in the logging.

The logging companies do pay bonuses for those who are exposed to very dangerous situations.

The fishing is quite similar. Due to the problems in the fishing sector, many workers have left and moved to the logging sector. Most of the workers go to the industries based on higher wages.

SAW: Some countries separate the OHS enforcement of fishing from land-based industries. Does this happen in the Solomons?

SP: The Safety at Work Act is too general. It only mentions responsibilities of employers and workers. It does not say anything about fishing although it gives more time for the Minister responsible to put out rules or regulations. Mostly, the Safety at Work Act covers only the manufacturing sector, not specifically fishing or even logging and mining. We have a bit of difficulty so can only place their obligation under the Safety at Work Act. Regardless of what industry you are involved in, regardless of what activity you are doing, as long as you are the employer, defined by the Law, and then this is your responsibility.

SAW: If you were able to have anything to improve OHS in the Solomons, what would you choose?

SP: We have a range of programs here to give out enforcement standards to workers. We have a lot of workshops and programs targeting certain industries. We also have radio programs, we have field and enterprise inspections. We usually go out on courtesy visits and then we talk with the employer and the employee. It is not like a policing attitude. We suggest, in a friendly manner, what they should do.

We also issue pamphlets and brochures but the problem with all this is that we do not have enough money to carry out all our programs. That’s why we are now establishing “extension services”. The Government then does not have to go and spend money for inspections. We appoint inspectors in their own respective industries.

We also need training programs. We did have a project sponsored by the UNDP, where some of our officers used to go out to New Zealand. Last week, Papua New Guinea’s OHS Division sends us information but now the UNDP has withdrawn its sponsor….

SAW: Many countries have support on workplace safety from the trade union movement. Is that so in the Solomons?

SP: The union movement in the Solomon Islands deals with wage increases and other conditions of services but not necessarily on occupational health and safety. It is quite weak. Many workers have been frustrated by the weaknesses of the union. The union movement has been talking too much about politics and not concentrating on their members or increasing the membership.

The safety standards have not really been discussed in negotiations. They are more concerned with better wages and better housing.

SAW: The political problems have resulted in some areas that you cannot go to. How much did the instability hamper you Department’s operations?

SP: During the 1997 Government there was a lot of consultation with overseas groups from Australia and New Zealand providing seminars. There was a lot of motivation. We have tried very hard to improve on labour law reviews. We also tried to work out Codes of Practices in new areas, put up new Regulations. The activity of the OHS Unit have been gradually increased since 1997. The Government has been very supportive of our work plans. The Government gave us a vehicle to use to carry out inspections.

Due to the ethnic problems of the Solomons, nearly 50% of our operations have been affected. There are no finances. Some of our workers have been left out. A former OHS Officer is now a Minister of the Government. He resigned, went home and then ran for election. Some of our workers now work in the private sector. This is because the Government has not been very supportive in addressing the problems we have encountered.

We are optimistic as things gradually improve. It is only law and order that is the problem we have right now. But we are optimistic, we are now establishing the “extension services”.

Recently I conducted two inspections. One was a logging company in one of the provinces and I will be going out inspecting in July, August, and September. By the end of this year, I should have covered at least six or seven logging companies.

We have just finished one workshop and we are trying to have another in June.

SAW: Thank you very much for your time.

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

Fair Work Act and OHS

On 1 July 2009, the Australian industrial relations (IR) climate changed with the introduction of the Fair Work Act. Regardless of the politics of the new Act’s origin, this legislation changes the way that working conditions for Australians are negotiated and set.

The  Fair Work Act has no relevance to occupational health and safety, so why mention this on SafetyAtWorkBlog?

The new IR legislation should reduce the conflict that has been existent in workplace negotiations.  The new industrial climate is consultative and  forward-looking.  In fact, the government is hoping that, to some extent, this legislation reboots industrial relations (to borrow a phrase from current international diplomacy).

Fair Work Australia Commissioner Lewin
Fair Work Australia Commissioner Lewin

It is in this IR climate, and consultative structure, that OHS issues will need to be discussed and negotiated in the future.

In a webinar conducted by SmartCompany and Gadens Lawyers on 9 July 2009, the openness of the information/consultative processes was stressed by panellist, Kathryn Dent.

This positive management climate reflected that presented in an earlier seminar conducted by Douglas Workplace Lawyers.  Fair Work Australia Commissioner Lewin  and lawyer, Andrew Douglas, spoke about how the new IR system is more inclusive than the previous WorkChoices systems.  However, they also admitted that the Fair Work Act has nebulous support documentation and information.

Andrew Douglas
Andrew Douglas

The level of prescription is much less than previous.  This allows for less restrictive negotiation but it also means that clarity may rely on determinations made by the tribunal.  Commissioner Lewin concurred with Andrew Douglas’ point that the operations of the Fair Work system will require several years of “settling in” and some adjustments depending on determinations.

When raising OHS issues for the next year or so in Australia, employees and professionals need to be reminded that many of the managers and employers with whom they are dealing may well be feeling swamped by new industrial relations processes.  This distraction may be understandable but OHS obligations remain the same regardless of other management issues.

OHS may seem to be more messy during this period as the IR overlaps with the “safe systems of work”.  Unless IR is already part of the responsibilities of an OHS professional, the advice is to keep away from the details of the Fair Work Act.  However it is recommended that at least one seminar on the Fair Work Act be attended so that the “tone” of the new legislation is understood.  More important is how the Act is to be applied within the workplaces of one’s clients or employer.

Safety management systems will need to be tweaked to fit with the new consultative aims and processes.  Of course, they will need to be tweaked again once the harmonised national OHS legislation comes begins in 2010.  Don’t expect stability in Australian workplaces for the next couple of years.

Kevin Jones

The need for a safety philosopher

It is very hard to be an OHS professional and not feel like one is part of the “nanny state” approach to personal choice.  There is a fundamental disconnection between the responsibilities on business for a safe workplace and the responsibilities on an individual to make themselves safe at work.

When the work processes are seen as mechanistic, where workers are part of that process, safety management is easier.  Hazards are known because the work process and environment are fixed and have no variation.  The employer’s area of responsibility is clear and can be said to be from the engineering/production perspective.

But at different points in history, the spotlight of humanism becomes bright enough that the workers get attention.  Safety management becomes complex because humanity is acknowledged in the work processes; one must consult, talk, listen and engage with the worker who was, previously, an element of the production process.

This is the Manicheism of safety management – the machine or the human.

This rumination occurred in response to an article reported by the Australian Broadcasting Corporation on the union representing Sydney bus drivers “asking the New South Wales Government to pay for personal trainers and Weight Watchers programs.”

The union’s bus secretary, Raul Boanza, says, according to the ABC report,

“the union wants the Government to formalise an existing 50 per cent Weight Watchers subsidy by including the provision in enterprise agreements” and

“it will also seek gym memberships or personal trainers on a case-by-case basis on the advice of a medical specialist.”

Apparently

“the Rail, Tram and Bus Union says drivers must pass strict medical standards every two years to keep their licences”.

SafetyAtWorkBlog contacted the union this afternoon and were advised that the person who raised the issue initially “is making no further comment on the matter.”

This is a shame as one of the first questions would have been, “should an employee be held responsible for making sure they are fit for work?”

Let’s indulge in some late-Friday afternoon silliness.  If a widget in a mechanical process is faulty, it is fixed or replaced.  In a mechanistic perspective, if a worker is too fat to undertake the tasks they have performed previously they should be fixed or replaced.  This seems to match the position of Raul Boanza.

But if the widget had a consciousness and the means and responsibility to maintain their own suitability for work, should that widget be fixed or replaced?  This seems to be what each worker in any workplace needs to regularly ask themselves.

As mentioned above these two differing perspectives reflect our society’s (internal) debate on personal responsibility to one’s self and one’s society.

The leading safety academic in Australia is a sociologist.  Perhaps we are in need of a safety philosopher or at least a safety profession that considers safety in its social and personal contexts, that discusses, debates and progresses, rather than worrying about the latest corporate logo.  Perhaps we just need people to take responsibility for their own actions and be accountable for their own errors.

Kevin Jones

Peanut allergy fatality saga to continue

Safety management in the education sector seems to be one of the hardest management challenges.  There are overlapping safety obligations through OHS legislation, education department guidelines, public health matters and meeting the demands of parents and students.

700 Peanuts - Federal Court coverA decision in the Federal Court of Australia on 30 June 2009 illustrates the challenges.

A 13 year old boy from Scotch College, in Melbourne, Nathan Francis, died after eating from a ration pack of beef satay on a Defence Forces camp.  The school, which was supervising the camp, were aware of the boy’s severe allergy to peanuts.

The Australian Department of Defence was fined over $A200,000.

The full judgement of the court raises several  issues that are relevant to the management of safety of people in one’s care.  The judge has recommended a State coronial inquest to determine the roles and responsibilities of Scotch College in Nathan’s death.

Justice for Nathan and his family is likely to have many more months to go. [ SafetyAtWorkBlog will follow the issue.]

A fantastic audio report on the decision is available at the ABC website. The payment of the fine back to the government is not dealt with in this blog.

The first section of the judgement (below) indicates what the judge believes are the failures that need to be addressed through an appropriate safety process:

  • Communication;
  • Instruction;
  • Provision of appropriate supplies;
  • The importance of labelling; and
  • Following procedures and guidelines

Some readers may find that this prosecution could make an interesting case study for safety management.

Kevin Jones

Justice North found that the Federal OHS Act was breached by the Commonwealth government through the Chief of Army.  The respondent

(a) supplied Cadet Nathan Fazal Francis, Cadet Nivae Anandaganeshan and Cadet Gene van den Broek with one-man combat ration packs (CRP’s) containing a satay beef food pouch which contained peanuts or peanut protein for their consumption despite having been informed that the said cadets were allergic to peanuts;
and, in so doing, it failed to:

(b) warn parents of the [Australian Army Cadets] AAC cadets about the contents of the CRP’s;

(c) warn AAC cadets about the contents of CRP’s;

(d) warn AAC cadets with pre-existing food allergies of the contents of CRP’s;

(e) make appropriate use of information provided by AAC cadets and parents of AAC cadets regarding pre-existing or known allergic conditions and correlate that information with the potential risk of being exposed to allergies through the supply of food contained in CRP’s;

(f) ensure that the contents of CRP’s allocated to AAC cadets did not include food products or allergens that may have triggered allergic responses by removing or requiring the removal of peanut-based food products from CRP’s;

(g) prevent distribution or provision of peanut-based food products to AAC cadets with pre-existing allergic reactions by:

i. inspecting the contents of CRP’s to be allocated to those individual AAC cadets who had given notice of allergic conditions;

ii. isolating cadets with pre-existing medical conditions and/or notified food allergies at the time of distribution of CRP’s and issuing them with CRP’s that did not contain peanut products or other food allergens;

iii. removing all CRP’s known to contain peanut protein or other food allergens from circulation amongst AAC cadets;

iv. requiring all AAC cadets with notified allergic conditions to provide their own food supplies;

(h) issue any or any adequate instructions or provide adequate supervision regarding distribution of CRP’s;

(i) issue any adequate instructions or provide adequate supervision regarding consumption of contents of CRP’s;

(j) prevent the consumption of CRP’s containing food allergens by AAC cadets with food allergies;

(k) distribute CRP’s after consulting or considering pre-existing medical conditions; and

(l) take into consideration the findings of a report dated 22 November 1996 by the Australian National Audit Office entitled ‘Management of Food Provisioning in the Australian Defence Force’.

Safety culture improvements in Spain

The improved safety status in workplaces that have an active union presence has been verified through research, but what of the efforts on safety management from outside the union research efforts.

Below is the abstract of an article that was published online late-2008 (and is available for purchase).  The research was conducted in a country with a negative safety culture so the improvements may be more marked than from outside Spain.  However, the full study (not accessed by SafetyAtWorkBlog) may provide an interesting before-and-after story.

“Occupational accidents severely deteriorate human capital, and hence negatively affect the productivity and competitiveness of countries. But despite this, we still observe a scarcity of preventive practices, an unsatisfactory management commitment and an absence of safety culture among Spanish firms. The result is evident in firms’ high accident rates.  This situation is a consequence of the general belief among firms that investing in safety is a cost, and hence has negative repercussions for their competitiveness.  The current work aims to identify good practices in safety management, and analyse the effect of these practices on a set of indicators of organisational performance.  For this, we first carry out an exhaustive literature review, and then formulate a series of hypotheses.  We then test the proposed model on a sample of 455 Spanish firms.  Our findings show that safety management has a positive influence on safety performance, competitiveness performance, and economic-financial performance.  Hence they provide evidence of the compatibility between worker protection and corporate competitiveness.”

The full article is available in Safety Science (Volume 47, Issue 7, August 2009, Pages 980-991).

Kevin Jones

B Fernández-Muñiz, J Montes-Peón and C Vázquez-Ordás, ‘Relation between occupational safety management and firm performance’ (2009) Safety Science 47: 980-991.

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