consultation – Page 72 – SafetyAtWorkBlog

Fatigue is the biggest threat to a person’s safety

Not so long ago, it was considered a legitimate criticism to blame the individual for “doing the wrong thing” at work. Depending on the type of worksite, this was considered “human error” or “bloody stupid”.

Fatigue is an interesting illustration of how occupational health and safety must cope with new perspectives on established hazards. Australian OHS legislation operates on a responsibility to manage the systems of work in a workplace, of which only one element is the worker.

A good incident investigation goes beyond the incident to see what led up to a worker acting the way they did, the reasons behind the decision. Instead of “tell me about your childhood”, OHS practitioners can legitimately ask “tell me about your sleep patterns”, or “tell me about your second job”, or “tell me about your relationship with your partner”, as these can be contributory factors to the decision made on the day or the work environment at the time of the incident.

Some recent AAP articles provide interesting examples of the different contexts in which fatigue as a workplace issue can manifest:

“Ambulance Employees Australia (AEA) said weary paramedics had fallen asleep at the wheel and administered wrong drugs because they did not have enough time off between shifts.

They have called for a minimum 10-hour break between shifts, compared with eight hours under the current award.

But Ambulance Victoria has said the fatigue issue was one of 175 union claims, which it said sought $800 million from pay talks.”

“Investigators examining the near-catastrophe at Melbourne Airport last month are exploring whether fatigue was a factor after being told the pilot had barely slept the day before the flight.

Emirates pilots are permitted to fly a maximum of 100 hours each 28 days and the pilot was also almost at the legal threshold of the number of hours he was able to fly.

Emirates has issued a statement saying safety was a top priority for the airline.”

A higher priority than a good night’s sleep apparently! Clearly it is the spread of hours that is the issue not the total over a fixed period.

Both these examples relate to workers’ interactions with the public and reflect the complexity of OHS’s spread to public safety.

It seems that every investigation now automatically assesses the fatigue level, or impairment, of the participants in incidents in the same way mobile phone records are checked in car accidents and blood-alcohol levels or drug testing in some industrial events.

If your OHS professional does not consider psychosocial issues in developing safety management plans or incident investigation, seek a second opinion, or better yet, make sure the first opinion is comprehensive.

Kevin Jones

Australian Prime Minister talks to the great unwashed

The edge of panic is starting to appear in Australian concerns over swine flu. Some health officials, who should know better, are slipping slightly off message. The Queensland government’s chief medical officer has recommended that food should be stockpiled. This was quickly jumped on by the Federal Health Minister, Nicola Roxon, has tried to provide a more palatable context to the stockpiling:

“We want people to be aware of the risk of this disease, we want people to be taking sensible planning steps but we don’t want panic,” she said. “It’s very important that we don’t have a rush on products that people just during the course of their ordinary shopping might think about whether they have some of these extra supplies.”

The Australian Prime Minister, Kevin Rudd, has offered some of the blandest, but relevant, advice:

“For all Australians to engage in the simple practice of washing their hands with soap on a regular basis.”

Kevin Rudd is not the poster boy for personal hygiene unless eating one’s earwax is a suitable hygiene practice.

SafetyAtWorkBlog will continue to watch for evidence of the effectiveness of handwashing in influenza control.

Roxon’s advice is sound however in one very important way – sensible planning steps. Cut through the hyperbole. Listen to reputable health advice, and keep your colleagues and employees informed. If that happens, we’ll get through this threat.

Kevin Jones

The value of brevity in government submissions and business reports

In Australia, at the moment, there are several governmental inquiries that could involve safety management issues. Submissions to inquiries can often be bloated with information that a review panel already knows or can be off topic. Frequently, relevant but not essential information is included in the body of the submission where it could be just as easily included in an appendix.

Past experience in handling Cabinet submissions has indicated that a brief listing of the recommendations or requests is best, as this makes it much easier for the review panels to digest. People tend to forget that their submission is going to be one of, perhaps, hundreds, and that brevity is highly valued in the public service (except perhaps in their own publications and reports?).

This position on brevity is one that should also be applied to client reports concerning workplace safety. Many consultants forget that their clients are already very familiar with their own workplace and don’t need to be shown “how to suck eggs”.

Kevin Jones

Engagement is Consultation re-badged

Recently an international business established an intranet discussion forum concerning “employee engagement”. By and large, this is another example of business management twaddle.

Essentially, when one engages with another, there is discussion, a conversation and the sharing of ideas in a cooperative, positive manner. In OHS circles this is called “consultation”. By discussing issues, people learn the basics, they refine their understandings and, often, come to a consensus or a resolution.

“Engagement” is another word for what happens on a daily basis in workplaces everywhere. What is bothersome is when a new management term is generated in order to, primarily, sell a new management book, and in a much lower priority, to provide a new perspective.

In the current edition of Australia’s business magazine, BRW, there is a discussion on engagement, (not available online). Through an OHS perspective, interpret the following quotes about “employee engagement scores):

“About 40 per cent of employees were failing at the most basic level, saying they either didn’t know what was expected of them or didn’t have the tools to do it.”

OHS = consultation, job description, induction, supervision.

“Those in a leadership position now are taking advantage and redoubling their efforts around employee engagement.”

OHS = leadership, safety culture

The article makes a useful distinction that an “engaged employee” does not equal a “happy employee”.

The BRW article does not, however, discuss the possible downsides of engagement. There is a risk that benchmarking of engagement may applied inappropriately and, according to the CIPD:

“Research confirms however that there is a significant gap between levels of engagement found among UK employees and those that would produce optimum performance. HR professionals need to recognise that engagement is a strategic issue that cannot simply be left to manage itself.”

Engagement is another tool for management but just how many tools are needed?

In short, a management system needs to talk with employees, listen to employees, and support employees. Wow, how radical. It can be that simple.

Kevin Jones

Safety In Numbers

Occupational health and safety has long been viewed by companies as a cost burden, but with legislative reform on the horizon, the time for a more proactive approach by the business community is now.

The full article is available at Business Spectator

Response to National OHS Law Review

In the Australian Financial Review on 17 February 2009 (page 8 but not accessible online) Steven Scott reports that the Western Australian Treasurer Troy Buswell is in a stoush with the Federal government over OHS laws. They are not. Buswell is quoted as saying

“My view is that it’s much more appropriate to make sure you get it right… We will not be supporting the establishment of Safe Work Australia until we are in a position to commit ourselves to the full harmonisation process.”

Buswell wants more time and more information. He is also concerned about the (related) industrial relations changes. Only last week, Buswell was at a Senate Committee supporting West Australian businesses. The Treasurer’s stance is at least consistent and prepared for flexibility.

Michael Tooma, a labour lawyer with Deacons in Sydney, is reported as saying that

“These right of entry provisions could be used for ulterior purposes, either for a recruitment drive or as a way of causing industrial agitation….. It gives unions the right to use OHS as a Trojan Horse for the purpose of entry onto sites.”

In his initial analysis of the final report Tooma wrote

“The Panel took the view that union right of entry contributes in a positive manner to OHS compliance at a workplace level. It recommended that the model Act provide right of entry for OHS purposes to union officials and/or union employees formally authorised for that purpose under the model Act.”

and that

“These recommendations have the potential to industrialise the safety agenda.”

The review panel is acting on the fact that workplace safety is already industrialised and that those who continue to split to two areas are denying reality. OHS cannot be managed successfully without also working with the human capital and industrial relations context.

The right-of-entry provisions in any legislation is a hotly contested ideological battle and there is plenty of evidence through the many submissions to many OHS and IR reviews of this.

Right-of-entry is not a threat of punishment and is readily avoided through workplaces having active and functional methods of consultation and safety management.

Similarly, concerns are being raised over the introduction of Provisional Improvement Notices (PINs) in some jurisdiction. PINs are an acknowlegement of a breakdown in communication and a dysfunctional safety management system in the workplace. In some workplaces PINs are never applied because everyone talks about safety in an open and accountable fashion.

Many of the concerns being raised over this final review panel report can be addressed by safety professionals and advocates publishing examples of how alarming legislative provisions have proven to be non-starters. The power may be on the legal register but are infrequently applied.

When the new right-of-entry provisions were being introduced in Victoria, many lawyers and employer representatives said the world would collapse. It hasn’t and the sensible control and oversight of the process is now recommended across Australia.

It is perhaps time for WorkSafe Victoria to re-emphasise the success of the right-of-entry management process it has operated under for several years. John Merritt, CEO of WorkSafe Victoria has spoken very positively of the process. An information sheet on the issues for employers is also available.

Kevin Jones

Draft guidance on musculoskeletal injuries in mining

Any inquiry into musculoskeletal disorders (MSD) in any industry is of great interest to OHS professionals as MSD are the bane of the profession.

The New South Wales Dept of Primary Industries (DPI) is requesting public comment on a new MSD guidance for the mining and extractive industries. Below is some text from the media release

Industry comment is being sought by the Musculoskeletal Disorders (MSD) Working Party on the guidance document The Management of Musculoskeletal Disorders in the Mining and Extractives Industry.

The benefits of the guide are that it;
• Facilitates sites taking planned preventative measures;
• Uses the capacities that already exist and;
• Provides effective tools for sites to use.

Comments are welcome on the guidance through the DPI website by close of business 27 March 2009.

Kevin Jones

Category: consultation

Fatigue is the biggest threat to a person’s safety

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Australian Prime Minister talks to the great unwashed

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The value of brevity in government submissions and business reports

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Engagement is Consultation re-badged

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Safety In Numbers

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Response to National OHS Law Review

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Draft guidance on musculoskeletal injuries in mining

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