Category: design

Consumer Product Safety System review should be on the OHS radar

Following on from the product safety theme in yesterday’s article, it is noted that the Australian Treasury has opened a consultation phase on improving the effectiveness of the Consumer Product Safety System. The report makes specific reference to workplace health and safety laws.

This consultation is a direct result of the recent review of Australian Consumer Law:

“The Australian Consumer Law Review final report recommended the introduction of a General Safety Provision (GSP) into the Australian Consumer Law (ACL) requiring traders to take reasonable steps to ensure the safety of a product before selling it onto the market.”

page 7

The GSP has similarities to the duties of the PCBU (person conducting a business or undertaking) under the model Work Health and Safety (WHS) laws.

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Pimp your administrative controls

Safety risks increased, or created, by distraction are a problem as relevant to occupational health and safety (OHS) as it is across society. There are analogue solutions – remove the distracting devices – and technological solutions that are often embedded in the distracting device. Sometimes there are other solutions and one is being trialled at a small intersection in Melbourne.

These illuminated tactile pavers have been embedded in the footpath applying the logic that as people are looking down at their phone screens, a bright contrasting floor level background should attract their attention. These footpath lights are synchronised with the pedestrian traffic lights, basically bringing the traffic signals within the peripheral vision of pedestrians.

Several variations on this concept have been trialled around the world for traffic and pedestrian control but they may be more usefully applied in some workplaces, especially where passive hazard signs have become normalised.

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Long commute times need to be factored into OHS structures

The mainstream media reported on the release of new demographic statistics from the latest HILDA survey (Household, Income and Labour Dynamics in Australia). Most of the attention is on the increasing commuting times to and from work in the urban centres. Traffic is not usually an occupational health and safety (OHS) issue but traffic congestion reduces the effectiveness of our social recuperation and recovery structures and work/life balance initiatives.

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Can this job be performed in extreme heat?

Parts of Europe are sweltering in extreme Summer temperatures similar to what Australian workers have experienced. A comparison of just temperatures is unreasonable as the European challenge is greater than Australia’s because the society, buildings and operational structures are largely designed and configured for low temperatures and snow. In many ways climate change will be more disruptive for European businesses as Australia has always been hot and dry.

The occupational health and safety (OHS) advice on how to address, or cope with, extreme heat has always been focused on the individual’s capacity to work in heat rather than reconfiguring work to avoid these unsafe and unhealthy conditions. Here is some advice from an American law firm from early this month:

“Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat stroke. Liability can arise whether work is being done outside in construction, landscaping, and agriculture, or inside in non-air conditioned manufacturing plants and warehouses.”

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Burnout of a different kind

[Updated 12 noon 12 June 2019]

Why do some companies accept or propose an Enforceable Undertaking in relation to breaches of occupational health and safety law? This media statement from WorkSafeNT dated June 7, 2019 illustrates one answer:

“Car Festivals Pty Ltd and the Northern Territory Major Events Company Pty Ltd committed to spend a combined $1.2 million in legally binding agreements, when it became clear NT WorkSafe was considering laying charges over the incident.” (emphasis added)

This reads like someone has calculated the potential cost (fines, etc) to the companies from an OHS prosecution and has opted for the cheaper option. And $1.2 million is a hefty financial commitment.

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To OPD or not to OPD? That is NOT the question

The current debate and lobbying campaigns over quad bikes in Australia have become less about safety than about product design integrity. The opposition to operator protection devices (OPDs) has been so loud that it has dominated the quad bike safety discussion. So, last week I decided to visit a local quad bike dealer to talk to the sellers not about OPDs but about Safety. I found that some vehicles have safety integrated into their design and operation.

I have learnt that the best conversations happen during the weekdays when shop assistants and managers have the time to devote to someone who may be a potential buyer but is, at least, someone genuinely interested in the product, in this case quad bikes and side-by-side (SXS) work vehicles.

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Honda and Yamaha dig in over quad bike safety

“Just carrying on doing more reviews is not going to take us very far. We now have to make a start and that’s going to require legislation,”

These words were spoken by the head of the UK Competition and Markets Authority, Andrew Tyrie, but could easily have been a quote from the Australian Competition and Consumer Commission (ACCC) in relation to its recent review of the safety of quad bikes.

Improving the safety of quad bikes, or what used to be called All Terrain Vehicles (ATVs) until everyone accepted that they don’t travel safely over all terrains, has been a contentious issue in Australia for well over a decade. The issue appears in the media regularly after each death or near miss involving a quad bike rider.

Last week the issue appeared in the media for a different reason. Yamaha and Honda have both advised their dealers that if the ACCC safety recommendations and safety standard become law, they will

“….. be force[d] to cease selling utility ATVs in Australia” (Yamaha)

“… withdraw from the ATV market in Australia.” (Honda)

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