PCBUs have begun appearing

A reader has drawn SafetyAtWorkBlog’s attention to one State regulator in Australia who has already begun to apply the broader definition for “employer” in their OHS guidance material.

In September 2009, the ACT Safety Commissioner published a Guidance on “Safe Structures, Systems and Workplaces“.  In that guidance, the Commissioner refers to

…”New general duties to ensure work safety by managing risk apply to a person:

…carrying on a business or undertaking;…”

This anticipates the definition put forward in Australia’s OHS model Act in relation to PCBUs (Peek-A-Boos).

The matter of a “business or undertaker” was also used in the ACT’s Work Safety Act 2008 (effective from 1 October 2009) throughout the document but with slight variation.  Of most interest here are the definitions of employer, worker and “business or undertaking”:

“employer, of a worker, includes a person who engages the worker to carry out work in the person’s business or undertaking.”

“worker means an individual who carries out work in relation to a business or undertaking, whether for reward or otherwise, under an arrangement with the person conducting the business or undertaking.”

“business or undertaking includes—

(a) a not-for-profit business; and

(b) an activity conducted by a local, state or territory government.”

The logic of such an inclusive term is understandable but needs greater clarity which is likely to some from regulations or supportive documents.

Having a Peek-A-Boo is one thing, let’s just hope that the jargon does not develop to start referring to “undertakers”.

Kevin Jones

WorkSafe Victoria Awards winners

On 29 October 2009, WorkSafe Victoria held its WorkSafe Awards event at  the Palladium Room at Melbourne’s Crown Casino.  SafetyAtWorkBlog attended as a guest.  All the winners were deserved and there are short profiles of some of the winners below.

WorkSafe Awards 2009 004The first award was for the Health & Safety Representative of the Year, won by Phyl Hilton.  Hilton was clearly honoured by the award and in his acceptance speech acknowledged that good OHS laws are “socially progressive” – a position that is rarely heard outside of the union movement or from non-blue-collar workers.  It is an element missing from many of the submission currently being received by Australian Government in its OHS law review.

Hilton presented as genuine and his commitment to the safety of his colleagues was undeniable.  Significantly, he thanked several WorkSafe inspectors for their support and assistance.  WorkSafe would have been chuffed but the comment which reinforced safety as a partnership.

WorkSafe Awards 2009 001The Best Solution to a Health and Safety Risk was given to Bendigo TAFE for a machine guarding solution.  Guards have become an unfashionable hazard control solution and often now seem to rely on new technology.  The chuck key guard was as hi-tech as an interlock device but one that the users of the lathes, almost all young workers, would not need any involvement with.  If chuck key remains in the place, the guard is out of position and the machine cannot start.  Simple is always the best.

The combination of beer and safety is a heady mix for Australians so the keg handler had a cultural edge on the other award finalists in the  category, Best Solution to Prevent Musculoskeletal Injuries.  The keg mover and the keg stacker seemed to be two different devices WorkSafe Awards 2009 002and it would have been great to have a single device but the stacking option was particularly interesting.  Many pub cellars are cramped and being able to stack beer kegs in a  stable fashion is attractive, and sensible.  The cross-support that is placed on top of each keg was, perhaps, the standout feature.  One can almost see the staring at the top of the keg by the designers and the creative cogs turning.  The best solutions always seem to be those where one asks “why didn’t I think of that?”

WorkSafe has placed a lot of attention on safety in the horse racing industry, particularly, as injuries received by jockeys and the killing of injured racehorses are in public view and therefore are highly newsworthy.

WorkSafe Awards 2009 003The attraction of this winner of Best Design for Workplace Safety is that the inventor has looked beyond PPE for jockeys to what a jockey is likely to hit when falling of a racehorse at speed.

The OHS law drafters should take note that this innovation has come from looking at “eliminating a hazard, at the source”, an important terminology omitted from the last Australia OHS law draft.  Would there have been the same level of innovation if the racing industry had done what was “reasonably practicable”?  It is very doubtful.

This post has focussed on individual achievement and physical solutions to hazards.  The awards for OHS committee and safety management systems are not detailed here as they are more difficult to quantify but for completeness, the Safety Committee of the Year went to RMIT – School of Aerospace, Mechanical and Manufacturing Engineering, Bundoora East, the Best Strategy for Health and Safety Management went to the Youth Justice Custodial Services – Department of Human Services, Parkville for its program in Clinical Group Supervision.

Some of these solutions need to be viewed to fully understand their merit and it is hoped that SafetyAtWorkBlog will be able to post the videos of the winners and, more importantly, the other finalists, shortly.  Certainly the other finalists in the solutions categories deserve almost as much recognition.

Kevin Jones

WorkSafe Awards 2009 005

Health and Safety Representative of the Year

Recipient: Phyl Hilton – Toyota Motor Corporation, Altona

Phyl, who works as a toolmaker at Toyota’s Altona Plant, has been a health and safety representative for 10 years. Representing 27 members in the trades department within the Press shop, he takes a leading role in identifying opportunities for safety improvements in his workplace. Using a practical and collaborative approach, Phyl has played an integral part in many initiatives, including the design and construction of weld bay facilities, the procurement of portable fume extractors and the development of press plant policies in English and Japanese. Phyl was also part of the Traffic Management Control Working Party and the Working at Heights and Trades Hazard Mapping projects. He is committed to developing and driving safety knowledge among Toyota apprentices and actively mentors and coaches fellow health and safety representatives.

Best Design for Workplace Safety

Recipient: Bendigo Regional Institute of TAFE, Bendigo

Initiative: Lathe Chuck Guard

Bendigo Regional Institute of TAFE works with students and apprentices to prepare them for the workforce. An incident highlighted the risk of an operator forgetting to remove a key from the chuck on a lathe before turning it on. Working on lathes is a normal part of work in many businesses within the manufacturing industry. The chuck can spin at 1000rpm or more and this could cause the key to fly out from the machine with high force, creating a projectile that could result in serious injury to the operator or others close to the lathe. The Lathe Chuck Guard protects the operator by refusing to close if the key is left in the chuck. The guard is interlocked to ensure the lathe can only be started with the guard closed. Having a guard assists with providing a safe work environment within the TAFE workshop. The Lathe Chuck Guard is a simple, cheap, yet effective, way of reducing the risk of projectile keys. It is adaptable for a range of lathes across industries and will benefit other educational facilities and the wider manufacturing industry.

Best Solution for Preventing Musculoskeletal Injuries

Recipient: Cherry Constructions and Workright Safety Solutions, Seaford

Initiative: Keg Handling System

The Keg Handling System is a mechanical aid system to assist the hospitality industry. It consists of a keg lifter, trolley, ramp and stack safe crosses and is used for handling beer kegs. Keg handling has been a major issue in hospitality for several decades and is traditionally done by hand without the use of mechanical aids. The Keg Handling System seeks to improve the way kegs, which can weigh up to 67kg, are handled and reduce the risk of injury. The keg lifter can lift a keg, manoeuvre it into position and lower it to the floor or on top of another keg with minimal effort from the operator. The trolley can pick up a keg from any position so that it doesn’t have to be moved to meet the trolley. It has a locking device so the keg is fixed to the trolley. The stack safe crosses allow the kegs to ’nest‘ into each other, stopping them from toppling. The major risks associated with handling beer kegs are musculoskeletal injuries to the back, shoulders and arms, and crushing injuries. The automated and easy-to-manoeuvre system is readily used in small spaces and by a range of staff. This design can also be adapted for other industries to aid in lifting and transporting many items including gas bottles, oil drums and even large pot plants in nurseries.

Best Design for Workplace Safety

Recipient: Racing Victoria (Flemington), Dan Mawby and Delta-V Experts (North Fitzroy)

Initiative: Running Rails

Running rails have been a safety issue in the racing industry for many years, causing serious injuries to jockeys and horses involved in collisions. Track staff have also been hurt due to the manual handling required to set up and move rails. Designed and invented by Dan Mawby, tested by Delta-V Experts and used by Racing Victoria, this new lightweight durable UV-rated plastic running rail is a welcome replacement for the solid aluminium rails currently in use. The major improvement is that the horizontal rail doesn’t break from the impact of weight-bearing objects – instead, it elevates, springs and bends on impact. The design and flexibility of this rail system also has the ability to steer a horse back on track should light contact be made, therefore avoiding injury. The new Running Rail is in place at Flemington and Caulfield Racecourse and some training facilities.

Australian Standards and OHS harmonisation

This morning in Melbourne, WorkSafe Victoria conducted a three-hour seminar on the harmonisation of Australia’s OHS laws.  The speakers and panelists were John Merritt of WorkSafe, Tracey Browne of the Australian Industry Group and Cathy Butcher of the Victorian Trades Hall.  Tripartism at its best.

The large auditorium was filled with hundreds of attendees, very few were the familiar faces of the OHS professionals who can often dominate such events.

A question was asked to the panel about the application of the Australian Standard for Plant.  The question was, basically, will the Australian Standards be referred to within the upcoming OHS regulations?  The panel unanimously said no.

This was the clearest indication yet that the rumour about Australian Standards not being given legislative legitimacy through legislation is correct.  Tracey Browne however provided the rationale.  She said

“The important thing is that as soon as we incorporate an Australian Standard in a regulation, we create a whole different legislative status of something that was never designed to be a safety regulation….

This doesn’t change the fact, though, that it is the “state of knowledge” and when you look at what you are doing in relation to what is reasonably practicable, you need to take into account all the things you know or ought to know.  So if you are [for instance] bringing plant into Australia, and that is your business, then you need to know what the Australian Standards are and make sure that’s part of your consideration.”

Standards Australia is undergoing a considerable rethink due to a big loss of funds and in response to the changing regulatory structure in all sorts of industry and financial sectors.  The challenge is acknowledged by the CEO of Standards Australia, John Tucker ,when he discusses a “new way of operating“.

Kevin Jones

Handedness is not considered when investigating a workplace incident

Ha01-012Robyn Parkin has completed her small survey of handedness in safety management.  Initial results are below:

  • “92% of respondents stated that their companies do not ask whether a person is left- or right-handed on their accident report form, and 77% do not consider handedness as a possible root cause of accidents.
  • 13 companies stated that they may consider handedness where ergonomics is a possible issue, eg with poor access to equipment controls.”

More details will be available in an upcoming edition of New Zealand’s Safeguard magazine.  Robyn Parkin can be contacted about her research at robyn@impac.co.nz

Kevin Jones

What Trevor Keltz gets right

Madonna has just released another greatest hits CD.  Trevor Kletz has done similar in releasing the fifth edition of “What Went Wrong?” He admits that almost all of the content has appeared elsewhere.  It’s been almost 20 years since I had to read Kletz’s books and articles as part of working in a Major Hazards Branch of an OHS regulator in Australia.  Not being an engineer, the books informed me but were a chore.  This is not the case with the last edition.

Kletz has two parts to the book.  The first is a collection of short case notes recording as he says

“…the immediate technical causes of the accidents and the changes in design and methods of working needed to prevent them from happening again”.

The second discusses the weaknesses of management systems.  In short, the book reflects the expanding nature of safety management over the last forty years.  Kletz may be from the Olde School of safety engineers (he is 87 years old) but often one needs a fresh perspective on a profession and coming from a person with such extensive experience, Kletz is worth listening to.  Thankfully, he does not sound like a grumpy old man.

Kletz notes that process industry lessons seem to fade after a few years.  In my opinion this may be an effect of the transience of modern careers where corporate memory is often fragmented.  It may also be due to the shipping of manufacturing and process industries off-shore and the establishment of large complexes in countries with different (lax) safety requirements.  It may also be due to a corporate performance regime where maintenance is not valued or understood as that supports long term thinking rather than quite returns on investment.

Regardless of the cause, the short-term memory makes the need for such books as this as more important than never.

In anticipation of his look at management systems he notes in his preface, that management systems need maintaining and, more importantly, reading.  In some circumstances, too much faith is placed in the system (I would refer to the Esso Longford explosion as an example).  Kletz says all systems have limitations.

“All they can do is make the most of people’s knowledge and experience by applying them in a systematic way.  If people lack knowledge and experience, the systems are empty shells.”

What Kletz does not write about is human error because, as he says, “all accidents are due to human error”.  He avoids making the weak logic jump that the behaviouralists make where, “if all accidents are due to human error then fix the human and you fix the hazard”.  Kletz devotes a whole chapter to his classification of human errors as

  • Mistakes;
  • Violations or noncompliance;
  • Mismatches;
  • Slips and lapses of attention.

This edition of “What Went Wrong?” provides a baseline for the safety concepts we have come to accept but also a critical eye on safety and manufacturing management shortcomings.  The style is very easy to read although occasionally repetitive.  Thankfully the process technicalities are avoided unless they relate to the technical point Kletz is making.  I found part B hugely useful but it is recommended for all safety professionals.

Kevin Jones

I’m left handed. Am I safe?

Recently a New Zealand OHS discussion forum carried a request for people to participate in research to determine whether “handedness” – whether one was left- or right-handed – could be a contributory factor in being injured at work.

The survey period has closed. Robyn Parkin, the researcher, and SafetyAtWorkBlog agreed not to post about the research until now, as Robyn wanted to survey New Zealanders.  Robyn describes her research project as looking at

“…whether New Zealand companies consider handedness as a potential contributing factor for accidents, and if so, what size companies are more likely to consider this factor”

Robyn is concerned that the design of workplaces, workstations and plant may not have considered the way a left-handed person, for instance, may operate a machine, or whether the emergency stop can only be reached with one’s right hand.

Left-handedness exists in around 10% of the population and there are many OHS or community designs that accommodate the needs a similar small minority.  As with many other reseacrh projects, Robyn’s investigation into the potential role of handedness at work causes all of us to look at our own workplaces from a fresh perspective.  And that has got to be good.

Robyn is happy to discuss her research with others by email.

Kevin Jones

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