Duty of Care – Page 87 – SafetyAtWorkBlog

Lack of restraint – Australian approach, Singapore deaths

sa0200906[1]_Page_1 The Northern Territory OHS authority issued a guidance this week about unrestrained travel in work vehicles, a practice many of us stopped some time ago. Obviously not everyone has.

The NT guidance is a curious document as it strongly advocates that employers assess the hazards of unrestrained travel and decide the appropriate control measures. This advice is in line with legislative requirements and safety management protocols but clearly the authority has much clearer advice. The document is headed

“No seat – No belt – No ride”

The assessment has been done and the heading gives the best advice. In OHS profession speak – if there is no seat for a passenger and/or no seat belt then NT OHS says allowing someone to travel on or in the vehicle is not acceptable.

Australia can often be glib about workplace incidents as it always looks past its region for comparisons from the US or Europe rather than looking at its immediate neighbourhood.

Singapore’s Strait-Times reported in May 2009 about the real consequences of unrestrained travel after

“…three foreign workers sitting in the back of a lorry died after it crashed into the back of a trailer. A fourth man in the front seat also died.”

The article goes on to list the law changes that Singapore has introduced but, more interestingly, tells how much more complicated the issue is than in Australia due to the level of foreign labour.

Kevin Jones

Passive smoking and casino workers

Smoke-free workplaces have gained considerable attention over the last few years but many countries allow exemptions for casinos. This makes no health sense but considerable political and revenue sense. The American Lung Association has released a video story about one non-smoking casino worker who has suffered lung cancer, Vinnie Rennich. (The 16meg flash video is available for download)

Morality in business

A good safety manager is one who is aware of the social context of the job and the social consequences of injury on employees. The manager also needs to consider the operational parameters of the company. This is a difficult balancing act that many spend their careers trying to attain. But what if morality or legislative obligation was removed from the workplace, or was never there in the first place. How would employees be treated then?

GHOSTS is a movie, ostensibly, about one person, Ai Qin, who travelled illegally from China to England in order to earn a living, a living that she believed she could not achieve in China. As the opening scenes of the film show, she, and many others, are drowning in Morecambe Bay when the tide comes in rapidly while they are picking cockles. The reality behind this fictional film radically changed England’s approach to gangmasters and resulted in prosecutions of the operators of the cocklepicking business. Those operators were found responsible for the deaths of 23 cocklepickers in 2004.

As with many memorable films, the story of a single individual can fascinate and shame us at the same time. GHOSTS is not an enjoyable film as the hardship and the choices faced are uncomfortable to watch but it is an important film for many reasons. One is that gangmasters, and immoral companies, do not exist in a vacuum. Minor bribery, institutional ignorance, laziness and a disregard for human life are shown by various characters throughout the film. There are combinations of these elements which push Ai Qin into certain decisions where others would be provided with options.

Another is that we need to be reminded of these events. Often workplace tragedies fade as quickly as the media’s interest in them. People often follow events only as long as they are on the telly but this habit provides an extremely skewed view of reality. People are not expected to follow all issues, or be passionate about all the issues. That way lies madness, confusion and inaction. It is necessary to filter our ideological passions while retaining an interest in other related matters. We categorise our priorities in relation to our resources, emotions and circumstances at one particular time.

But investigations take time and the truth often appears years later, sometimes when the heat in an issue has diminished, or we have had to reprioritize, or the media is looking elsewhere. Outrage is always more attractive to the media than reason but we need to follow issues to their conclusion. This is why families revisit the heartache of a fatality by sitting through coronial inquests or prosecutions. They need to know the truth and find some answer to why the world has turned out as it has.

The conditions for trafficking, illegal migration and unregulated work continue in England today, just as they do in most countries. GHOSTS is not a film about sex trafficking. But whether people are being trafficked for sex, fruit picking, working in supermarkets or in take-away kitchens, is irrelevant. Trafficking is inhumane and must be actively discouraged.

The issue will grow in its economic, human rights and political significance.

It may be heresy to apply the hierarchy of controls outside the workplace safety domain but if safety professionals investigated the contributory factors behind trafficking, it would be hard to argue against the elimination of the hazard for a lower order control measure. If all physical journeys begin with a single step, then cultural change can begin with a single thought.

Kevin Jones

Victim support fund – http://www.ghosts.uk.com/

Beaconsfield Coroners report update

There have been several media reports of the disappointment in the findings felt by Larry Knight’s family but little else in the media, particularly over the weekend when some retrospection could have been expected.

However, the Tasmanian workplace relations minister, Lisa Singh, issued a statement last week. The most significant parts of the statement are

“I was pleased that the coroner Mr Rod Chandler noted in his report that the inspectorate was adequately staffed,” Ms Singh said. “I accept his criticism that at the time of the rock fall that killed Mr Knight, Workplace Standards was not sufficiently resourced to handle some issues of mine safety. That has now been rectified.

“I am seeking further advice on his recommendation that an audit of the office be undertaken each year to ensure that it is properly fulfilling its statutory duties.”

According to a statement from the law firm Maurice Blackburn

“Maurice Blackburn Special counsel Kamal Farouque, who acted as Counsel for the Knight family and the AWU throughout the Coronial Inquest, said that Coroner Rod Chandler’s findings include several major criticisms including:

ground support at the mine was inadequate;

the mine failed to put in place a comprehensive, rigorous and properly documented risk assessment process; and

if a thorough and systematic risk assessment process had been conducted, the likelihood of Mr Knight’s death occurring would have been reduced, perhaps significantly.

“What is plain is that the Coroner has made findings that indicate safety deficiencies,” Mr. Farouque said.

“A lesson to be learned from Mr Knight’s tragic death is the critical importance of proper risk management practices to worker safety, particularly in the mining industry,” Mr. Chandler found.”

Now we wait to see who implements those lessons.

Kevin Jones

CEO loses job over safety failures

Health funding and management is a constant political issue. The attention increases hugely during election campaigns like the one that is currently occurring in the Australian state of Queensland.

This week the leader of the opposition parties, Lawrence Springborg, called for the release of a government report into the sexual attack on a nurse and security in Torres Strait islands. SafetyAtWorkBlog has written repeatedly on OHS issues associated with the attack in February 2008. Springborg has pledged increased safety resources for remote area nurses.

Queensland Health reports on 25 February 2009 that the CEO of the Torres Strait District’s health service CEO has been stood aside as a result of the government’s investigation. The statement reads

“Director-General Michael Reid said the Crime and Misconduct Commission had reviewed the report by the Ethical Standards Unit and was satisfied with the investigation.
“Some allegations that members of the Torres Strait and Northern Peninsula Health Service District executive did not act appropriately were upheld by this investigation,” he said. “We accept this investigation has found serious faults in the way Queensland Health staff responded to this critical incident and we are taking immediate action.”
The CEO of the Torres Strait-Northern Peninsula District has been stood down, effective immediately, while her role with Queensland Health is under further consideration.”

Many of the issues raised relate to possible corruption and improper behaviour by the Queensland Health and others. These are the political points that Springborg is likely to chase.

In terms of occupational health and safety, the focus of this blog, Queensland Health says

“There is substantial evidence that there has been a systemic failure by the Torres Strait and Northern Peninsula Health Service District to acknowledge and address workplace health and safety issues within the District over a long period of time.”

“There is sufficient evidence to conclude, on the balance of probabilities, that members of the Torres Strait and Northern Peninsula Health Service District (TSNPHSD)
Executive responded inappropriately and insensitively when notified of the alleged rape of a Remote Island Nurse on Mabuiag Island on or around 5 February 2008.”

“Further, there is sufficient evidence exists to find, on the balance of probabilities, that the repatriation of the remote area nurse from the outer islands as not managed or coordinated at a level cognisant with the seriousness of the events which had occurred.”

It is no wonder the CEO of the health service has lost her job. It is a little surprising that more, and more prominent, heads have not rolled. It is suspected that this may be one of the aims of the opposition politicians during the current election campaign.

To return to our core issue of OHS and accountability, this result clearly indicates that senior executives, particularly in the public sector in this instance, must take a preventative approach to the health, safety and security of their staff, wherever the employee is located.

Kevin Jones

International Women’s Day (of safety)

The global theme for the 2009 International Women’s Day (8 March 2009) is

“Women and men united to end violence against women and girls”

The organising committee is at pains to stress that although this is a global theme, individual nations, individual states and organisations are able to set their own themes. Some themes already chosen include

Australia, UNIFEM: Unite to End Violence Against Women
Australia, QLD Office for Women: Our Women, Our State
Australia, WA Department for Communities: Sharing the Caring for the Future
UK, Doncaster Council: Women’s Voices and Influence
UK, Welsh Assembly Government: Bridging the Generational Gap

Given that Australian health care workers suffer occupational violence, amongst many other sectors, and that employers are obliged to assist workers who may be subjected to violence at work or the consequences of non-work-related violence, it seems odd that so often the major advocates of International Women’s Day remain the unions.

It is also regrettable that many of the themes internationally and locally are responding to negatives rather than motivating action from strengths.

As is indicated from the list above, the public sector agencies are keen to develop programs around the international day. The societal and career disadvantages of women are integral to how safety is managed.

Stress, violence, adequate leave entitlements, security, work/life balance, chronic illness – all of these issues are dealt with by good safety professionals. Perhaps a safety organisation or agency in Australia could take up the theme of “Safe work for women” and look at these issues this year using gender as the key to controlling these hazards in a coordinated and cross-gender fashion.

In support of women’s OHS (if there can be such a specific category), readers are reminded of an excellent (and FREE) resource written by Melody Kemp called Working for Life: Sourcebook on Occupational Health for Women

Kevin Jones

Workplace bullying – interview with Lawrence Lorber (2002)

In April 2002, I interviewed Lawrence Lorber of US law firm Proskauer Rose on workplace bullying. It was at the height of the Enron collapse and corporate behaviour towards staff was gaining a lot of attention. Over the last fortnight I have been researching some of the management books and concepts concerning leadership, emotional intelligence, modern expectations of managers – all of which could be thrown into “workplace culture.”

As I was reading back issue of the SafetyATWORK magazine, I used to published, there seemed to be valuable comments from Lawrence that remain relevant. Below is an extract of the interview. The full interview is available HERE

SAW: In Australia, the approach to workplace bullying seems to be coming from a systemic management system rather than one relying on psychological assessment.

LL: The highly competitive and highly contentious nature of what is coming out about Enron, the “up or out” atmosphere is one aspect of a system that can lead to managers or co-workers to engage in bullying. The characteristics of being tough or abrasive may be necessary to get ahead in the organisation. The environment can encourage or create bullying tendencies. However, not everybody turns into Attila the Hun in a highly competitive environment. Others survive without taking on the attributes of the bully.

Psychological testing is frequently applied in the States with regard to executive promotions. Dealing with bullying does require a combination of the systemic and individual approach. I work for some companies who are publicly perceived as fairly aggressive, there are tough people there who I might not want to work for but they are effective. They might be perceived as bullies. But looking at bullying as an environmental issue does mask the problem.

SAW: Managers sometimes need to motivate a staff member, perhaps, by rebuking them. The receiver of the rebuke may perceive that as bullying. How can we balance these perceptions?

LL: There were management books in the States in the 1980s, which encouraged management by intimidation. At one point that was the vogue. After the movie PATTON came out, everyone wanted to be General Patton.

If you look at a harsh manager who is demanding in an abrasive manner, that could be bullying.

How do you define bullying? Do you define it by your own reaction? A very US example is sex harassment. Is harassment in the eyes of the beholder? Does it have to be a reasonable woman who believes she is being harassed? In the circumstance where the bully is a male and the recipient is a female, frequently that becomes harassment.

SAW: That is a problem for the managers where for the last 30 years, harassment, bullying and discrimination has been handled outside the OHS field, in Human Resources. Now there are national and international moves to combat bullying because of the stress at work issues. I haven’t seen that approach in the United States.

LL: Here it’s not health and safety. Our definition of harassment is an “intimidating atmosphere”. That can also be a definition of bullying.

I don’t think it will be considered as a health and safety issue because workplace stress is not a field that is devoid of regulation. It is simply being regulated in a different context-employment discrimination and to a lesser extent under the disability laws.

SafetyATWORK magazine April 2002 cover image

Category: Duty of Care

Lack of restraint – Australian approach, Singapore deaths

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Passive smoking and casino workers

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Morality in business

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Beaconsfield Coroners report update

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CEO loses job over safety failures

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International Women’s Day (of safety)

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Workplace bullying – interview with Lawrence Lorber (2002)

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