Serious questions raised over the role of Safe Work Method Statements

Any safety conference involving the Australian construction industry will have some discussion on Safe Work Method Statements (SWMS) and this weekend’s Building Safety conference was no different. During the presentation on Saturday by the Federal Safety Commissioners, SWMS was bubbling along underneath many of his words and statements. Sadly, the audience (now) seems to have been too polite to ask him questions about the elephant in the room. There was no such hesitation following the presentation by Brookfield-Multiplex’s Paul Breslin on the Sunday.

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.

Continue reading “Serious questions raised over the role of Safe Work Method Statements”

“Rule #1 – No Poofters”

The Building Safety conference this weekend had one or two underwhelming speakers but these were overshadowed by some brilliant presentations, and by brilliant, I mean challenging. I had no indication of what was to come from the presentation by Dr Dean Laplonge on gender. His presentation has caused me to begin to reassess my own (male) perceptions and those of the safety profession.

The title of this article is a Monty Python reference where a professor from England joins the Philosophy Faculty of the University of Woolloomooloo. He is inducted into the faculty by being told the rules and he even has his name changed to Bruce. This sketch is a good example of humour through hyperbole but over the decades this sketch has become more disturbing as, amongst others, it shows a gender perspective of the early 1970s that, in some industries, still echoes.

Continue reading ““Rule #1 – No Poofters””

Rita Donahy speaks at Australia’s Building Safety conference

Donahy 2013 01The first international speaker at this weekend’s Building Safety conference in Canberra, Australia was Rita Donahy, author of the One Death Is Too Many report into the UK’s construction industry safety performance, and a member of the House of Lords.

Donahy stressed that workplace safety is, and should be, a social issue and not treated as a special case.
Continue reading “Rita Donahy speaks at Australia’s Building Safety conference”

Supreme Court decision limits public knowledge of OHS offences

Woman CelebratingIn May 2013 Fiona Austin (@upfrontfi) a lawyer with the Australian law firm, Herbert Smith Freehills (HSF), tweeted:

“Great win in the Supreme Court! No more naming and shaming for health and safety offenders in Queensland”

The Supreme Court decision is an appalling situation over which OHS professionals and regulators should be outraged.

Austin and other HSF lawyers authored a longer article on the case and totally miss the point of why OHS offenders should be named.  Shaming of offenders is a different matter.

The article explains how a decision under the Penalties and Sentences Act 1992 (Qld) may stop the OHS regulator in Queensland, Work Health and Safety Queensland, from listing the names of offenders on its website. Continue reading “Supreme Court decision limits public knowledge of OHS offences”

Safe Work Australia vs Quad Bike Manufacturers

The chair of Safe Work Australia, Rex Hoy, makes an extraordinary challenge to the manufacturers of quad bikes.  In a media statement released on 26 April 2013, he

“…has called on the designers and manufacturers of quad bikes to urgently reconsider improving the design of quad bikes so they are not prone to roll over.”

Quad bike Say Safety_v151_04_10This sounds a sensible and safe suggestion but independent Australian research is still to be completed on whether these work vehicles are prone to roll over as a result of their design, and not simply driver (mis)behaviour.

Hoy notes that people continue to die whilst riding quad bikes and is quoted saying:

“We cannot sit by and watch people being killed and seriously injured by these vehicles. Everyone has a responsibility for quad bike safety but it must involve a safer product. We need to ask ourselves how much a life is worth opposed to the cost of a crush protection device.”

Quad bike designers and manufacturers have been emphatic in their position that rollovers are, primarily, the fault of driver behaviour and that crush protection devices are likely to contribute to rollovers or exacerbate worker injuries from rollovers. Continue reading “Safe Work Australia vs Quad Bike Manufacturers”

Safety change through rape?!

At many occupational health and safety seminars and conferences in Australia there is often an OHS professional in the audience who says that jail time is the only real and effective deterrent for those breaking safety laws, usually in the context of gross negligence, reckless endangerment or industrial manslaughter.  The threat of imprisonment is indeed a deterrent for some people.

But sometimes there is an OHS professional who colours their call for imprisonment by suggesting that, once in prison, offenders should be harmed or even raped.  An example appeared on an OHS discussion forum within the last week.  The comment, on an issue of fall prevention, included this phrase:

“Only need to send a few for a short holiday with “Bubba” and some soap on a rope, to get the message across to the masses.”

This person is suggesting that the deprivation of liberty is insufficient punishment for an OHS offence and that the offender should also be raped.  What does this say about the real values of a person whose profession is based on harm minimisation and the elimination of hazards?

If, as The Guardian newspaper says, the two main principles for jail are “in order to punish wrongdoers, and to remove the danger they would otherwise pose to the wider world”, where is the justification for abuse?

The “Bubba” comment above, and many similar comments I have heard over the years, may be an extension of the cynicism that many OHS professionals seem to acquire over their time in the profession.  But it is also offensive and shows an approach to humanity that I do not share and that I believe has no place in the OHS profession, or anywhere, for that matter.  It is lazy thinking, and these thoughts come from those who advise Australian businesses!  It is a shameful situation.

Kevin Jones

Six years jail for injury reporting fraud

B0000187“If it can’t be measured, it can’t be managed”* has been a mantra of business for decades but all measurement can be corrupted.  One of the most contentious elements of occupational health and safety (OHS)  is the measurement of safety performance and a recent prosecution in the United States provides an important lesson for OHS managers everywhere, even though details are scarce.

“On Apr. 11, 2013, Walter Cardin, 55, of Metairie, La., was sentenced to serve 78 months in prison followed by two years of supervised release…. after being charged by a federal grand jury with eight counts of major fraud against the Tennessee Valley Authority (TVA), an agency of the United States.” [link added]

According to the US Attorney’s Office

“Cardin generated false injury rates which were used by the Shaw Group to collect safety bonuses of over $2.5 million from TVA. … Cardin was convicted of providing the false information about injuries by underreporting their number and severity… The evidence presented at trial encompassed over 80 injuries, including broken bones, torn ligaments, hernias, lacerations, and shoulder, back, and knee injuries that were not properly recorded by Cardin. Some employees testified that they were denied or delayed proper medical treatment as a result of Cardin’s fraud. Evidence showed that Cardin intentionally misrepresented or simply lied about how the injuries had occurred and how serious the injuries were.” [link added]

There are many safety management issues related to the conduct of Walter Cardin. Continue reading “Six years jail for injury reporting fraud”

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