Opaque response on construction industry safety code

Model-Health-and-Safety-Management-Plan (2)Victoria’s Construction Compliance Code Unit in the Department of Treasury and Finance has just completed its public comments stage for its model Health and Safety Management Plan (HSMP).  The comments period was extended by a month after initially ending after only one month‘s public consultation on 6 January 2014.  New South Wales and Queensland have mirrored the Victorian construction compliance code so the significance of this OHS submission stage should not be underestimated however the submission process and unusual secrecy is not building the faith and trust in the HSMP that the process needs for it to succeed.

The regular process for submissions to government inquires is for those submissions to be made publicly available, with the permission of the writer.  The CCCU seems to have no plans to follow this protocol which is an enormous shame as the submissions would have provided a window into both the understanding of OHS in the Victorian construction sector, an understanding of the OHS role of the CCCU and an insight into how the CCCU is generally perceived by the Victorian community.

SafetyAtWorkBlog put the following (we think reasonable) questions to the CCCU last week in preparation for the end of the commentary phase:

  • Could you please estimate the number of submissions the CCU has received on the model Health and Safety Management Plan (HSMP) to date?
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Australian media fishes for bad news on NBN Co and asbestos and misses the good news

Prior to the 2013 election, the Australian media, particular the News Limited newspapers, went to town  on the  previous (Labor) government over its handling of the National Broadband Network (NBN) strategy.  The media sniffed a political vulnerability as it had in the Home Insulation Program and other economic stimulus packages, such as the Building the Education Revolution, even though the economic program is seen by some as a very successful strategy.

The NBN has several OHS contexts but asbestos is the most prominent.  NBN needed to install its fibre-optic cables through the established and old infrastructure of a major competitor and partially government-owned telecommunication company, Telstra.  Many of Telstra’s old pits were constructed using asbestos.

On 5 November 2013 The Australian newspaper published its latest article on NBN and asbestos but the content of its own article shows how much hyperbole the newspaper has employed in this long campaign and that NBN Co seems to be managing its asbestos safety well. Continue reading “Australian media fishes for bad news on NBN Co and asbestos and misses the good news”

How good intentions can lead to workplace deaths

The recent coronial finding into three workplace deaths related to an Australian government economic stimulus package in 2009 has muddled the safety profession over the political context and the OHS context of these deaths.  But the finding and resulting discussions could be the catalyst for a much-needed analysis of how decisions made with good intentions in Canberra can lead to the tragic personal and shopfloor decisions in the suburbs.

Nanny State

The Home Insulation Program (HIP) could have been interpreted as government “interference” in the market and been badged as “nanny state” economics.  However it may be possible to argue that Prime Minister Rudd could have been an economic hero if the Home Insulation Program had continued without any deaths. Continue reading “How good intentions can lead to workplace deaths”

Coronial report into insulation deaths slams government actions

This week a Queensland Coroner brought down the findings into the deaths of three men, Matthew Fuller (25), Rueben Barnes (16) and Mitchell Sweeney (22). Each of these men were electrocuted whilst installing foil insulation in the roofs of Queensland houses as part of a Federally funded economic stimulus project during 2009 and 2012.

Since the Coroner’s findings were published on 4 July 2013, the Australian media has focussed its attention, principally, on Kevin Rudd.  Rudd was the Prime Minister and a major motivator at the time for the stimulus package, named the Home Insulation  Program or HIP by the Coroner.  Rudd recently regained the Prime Ministership providing a fresh political newsworthiness to the HIP issues.  But in this attention, the Coroner’s broad findings are often being overlooked. Continue reading “Coronial report into insulation deaths slams government actions”

Federal Safety Commissioner begins review of SWMS info

Recently, the issue of Safe Work Method Statements was discussed at a construction safety conference in Canberra.  SafetyAtWorkBlog reported that:

“Several delegates stated their belief that the Office of the Federal Safety Commissioner (OFSC) is largely to blame for the over-emphasis on SWMS in the construction sector and for the bloating of SWMS into a document that does little to improve safety and is more related to meeting the audit criteria of the OFSC”

Last week, the Office of the Federal Safety Commission (OFSC) removed the webpage that led to its Fact Sheet – Guidance for producing Safe Work Method Statements.  The webpage now says that

“The Guidance for producing Safe Work Method Statements (SWMS) Fact Sheet is currently under review.”

What’s going on? Continue reading “Federal Safety Commissioner begins review of SWMS info”

Melbourne Business School takes the high road on fall prevention

Below is a guest post from long time SafetyAtWorkBlog reader, Marian Macdonald.

Workplace Access & Safety height safety consultant Aaron Carratello on a walkway built for access to HVAC equipment at Mt Eliza Business School
Workplace Access & Safety height safety consultant Aaron Carratello on a walkway built for access to HVAC equipment at Mt Eliza Business School

It was when Simon Murray put himself in the witness box and imagined what a judge would say that investing in walkways and guardrails became a ‘no brainer’.

The property and facility manager of the Melbourne Business School was faced with an important decision: whether to install extra roof anchors and static lines or shift towards more passive forms of fall prevention.

Roof anchors were cheaper initially, while the walkways and guardrails offered a far lower lifetime cost but, in the end, price was not the issue.

“A judge would ask whether we had done what was ‘reasonably practicable’,” Mr Murray says, “and if we’d only installed roof anchors and static lines to reach our HVAC equipment, the answer would have been ‘no’.” Continue reading “Melbourne Business School takes the high road on fall prevention”

The safety role of the Construction Compliance Code Unit

Recently SafetyAtWorkBlog was able to spend some time with the Director of the Victorian Government’s Construction Compliance Code Unit (CCCU), Nigel Hadgkiss. The CCCU and Hadgkiss have been in the Victorian media recently in terms of the CCCU investigation of industrial relations matters in several Grocon construction projects and some discussions with LendLease but an often overlooked, yet significant, element of the Construction Compliance Code is the occupational health and safety obligations. The CCCU has been working on early drafts of a Health and Safety Management Plan (HSMP) with which all those operating under the Code will need to comply.

Many of the questions SafetyAtWorkBlog posed stemmed from a presentation Hadgkiss made at a breakfast seminar on which SafetyAtWorkBlog previously wrote. That article is recommended for background and context.

Nigel Hadgkiss advised that since 1 July 2012 71 companies and associated companies have “signed up” to the Compliance Code with a full awareness that OHS is a key element of compliance.

OHS obligations of unsuccessful tenderers

The Code requires companies tendering for Victorian Government construction work to follow specific OHS obligations, whether they are the successful tenderers or not. In some ways this seem unfair.

Hadgkiss believes that the tenderers to government contracts are well aware of the safety obligations from the outset. From that point they are contractually bound whether they are successful or not.

Continue reading “The safety role of the Construction Compliance Code Unit”

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