Australian safety conference – confused but in a good way

Day 2 of the Safety In Action Conference is almost over and I am confused.  Some speakers say that safety cannot be improved without commitment from the most senior executives of a company.  Others are saying that safety improvement can be best achieved by trusting employees.

One speaker questioned the validity of the risk management approach to safety.  A colleague argued that this was not a return to prescriptive legislation, regulation and codes of practice but an opportunity for companies to assess their needs and set their own “rules” of compliance based on the risk assessment results, effectively determining their own level of OHS compliance.

Another speaker speculated that a particular Federal Minister may have been prosecuted under the model Work Health & Safety Act if Ministers had not been excluded from their duty of care.

Some see new the OHS laws as revolutionary, others see it as tweaking a legislative approach that is over 30 years old.

Some speakers I found thought-provoking, others thought these were facile and had lousy PowerPoint skills.

What this Safety In Action Conference in Australia has not been is dull.   Continue reading “Australian safety conference – confused but in a good way”

“Respect Agenda” – seriously?

Recently the Victorian Premier, John Brumby reshuffled his Cabinet and created a new portfolio the “Respect Agenda”.  The Minister with responsibility for the portfolio is ex-footballer Justin Madden.  Very little has been revealed about the agenda, which has been launched after a major international kerfuffle over serious racist attacks against Indian students.  It is likely to be relevant that 2010 is an election year for Victoria.

It is useful to consider these political pledges in the light of the workplace-related suicide of Brodie Panlock in 2006. Continue reading ““Respect Agenda” – seriously?”

Orewa College explosion update

The New Zealand Department of Labour has released a media statement about the prosecution reported on yesterday but

“The Department will not name either the parties or the specific charges until the charges reach court.”

This may be an indication of the political sensitivities of the prosecution.

A representative of the Orewa College Board of Trustees, Phil Pickford,was interviewed by New Zealand Radio on 21 December 2009.  The interview is available online.

Pickford states that he is proud of the OHS systems that are in place at Orewa College and places Orewa in the top 10% of schools for OHS performance.

It is difficult for anyone to make public statements on an OHS prosecution without knowing who has been charged and with what.

From SafetyAtWorkBlog’s perspective, regardless of any action taken by the DoL, it would have been expected that both the school and the Education Department would have undertaken their own investigations in to the death of one of their own employees, if for no other reason than to stop a similar occurrence in other schools.

A TV report of the explosion from mid-2009 is available online.

Kevin Jones

Boiler death puts OHS spotlight on New Zealand Education Department

Reports are coming out of New Zealand that representatives of the Education Department are uncomfortable with being charged under the country’s OHS legislation following a fatal boiler explosion at Orewa College.

On 24 June 2009, a boiler exploded at Orewa College in Northland, New Zealand. Initial media reports said that the boiler was being repaired the day after a malfunction. Rough phone video taken by one of the students during the evacuation is available online.

Richard Louis Nel received burns to 90 per cent of his body and later died.  A contractor, Robin Tubman, suffered a fractured skull and a shattered face.

The Department of Labour indicated shortly after the event that an investigation had begun but the Board of Trustees chairman Phil Pickford has questioned the delay in the prosecution.  According to one media report, Pickford said:

“On December 24 it will be six months since the tragedy and here we are at the 21st… They have to prosecute within six months and they have left it to the last minute.  Why?  I could surmise why, but I’m sure there’s another way they could have done it.”

SafetyAtWorkBlog contacted the NZ Department of Labour on 21 December 2009 for further information about the prosecution.   All the spokesperson would say is that “the outcome of the investigation is still being finalized”.

The belief that schools are not covered by OHS legislation is a common misperception in Australia and, from what one NZ SafetyAtWorkBlog reader says, New Zealand also.  Partly this is because the education of children is seen as the principal focus by teachers and educators, to the exclusion of all else. Modern businesses and institutions have slowly learnt that this is not the case and that there are a wealth of obligations, legislative and social, that apply. Educational institutions are often slow to acknowledge this reality.

Another reason, which may stem from the first, is that government departments have been very hesitant to prosecute each other. This may also be supported by the political conflicts that could arise by one politician’s department taking action against another politician’s department. Politicians should not take the credit for departmental achievements and then not be held accountability for failings (although this seems to happen frequently).

In August 2007, The Education Department in Victoria was fined $A8,000 for ignoring the directions of a WorkSafe inspector.   The media statement on the case illustrates a dismissive attitude to OHS issues.

Of more significance were issues at Merrilands College where “a Victorian principal accused of bullying has been removed from school and given a job in the Education Department after years of complaints by staff” according to The Age in July 2004.  The issues at Merrilands had been occurring for some time:

“It was also revealed that the Education Department – which confirmed there had been “Worksafe (sic) issues” at the school in the past – had known about the allegations since 2000, when 12 teachers wrote to the department after a staff member died of a heart attack that some believed was linked to workplace stress.”

According to the same media report

“WorkCover recently issued an improvement notice against the department following allegations of bullying and harassment at two other schools in the northern suburbs.”

To some extent the Orewa College explosion is a more straightforward prosecution because the incident came from an equipment failure and did not relate to the teaching staff or students.   The administrative staff are likely to be asked about maintenance schedules, particularly after other schools in the area had their boilers inspected with several found to be less than perfect.  It is likely that the  prosecution by NZ DoL will illuminate the plant maintenance procedures of secondary colleges but, perhaps of more long-lasting significance will be the attitudes of the education department and school representatives on show in court.

Kevin Jones

The future of the School of Risk & Safety Science

It was good to hear the President of the Safety Institute of Australia (SIA), Barry Silburn on the radio on 7 December 2009. The SIA has traditionally been very hesitant about going public on safety issues but clearly the potential disappearance of the School of Risk & Safety Science from the University of New South Wales is important to the SIA.

The closure of this school seems absurd, particularly, when the fact of its profitability is shown.

The university’s decision appears wrong and, from the evidence of the radio interview, it seems that the decision has occurred recently.  Dropping a school, regardless of the prominence claimed by the SIA, which has a problem with prominence of its own, is a harsh decision if there has not already been a consultative process or a strategic program for improvement and increased relevance.

It is not as if the school does not have access to top talent.  Names familiar to Australian OHS professionals, researchers and regulators include

Professor Chris Winder

Dr Anne Wyatt

Dr Jean Cross

Michael Tooma

In the University of New South Wales’ Australian School of Business, there are several other prominent OHS academics.  Most familiar to SafetyAtWorkBlog are

Professor Michael Quinlan

Professor Stephen Frenkel

Barry Silburn (a video of Barry Silburn talking about the SIA is available online) accuses the University of New South Wales of sacrificing the safety profession for short-term gain:

“They’re not looking at the overall picture of OHS within Australia they’re looking at very short-term money considerations on their courses that they’re conducting within the university”.

This seems an odd accusation when compared with the fact that the school has made a profit two years running.

It seems to SafetyAtWorkBlog that the limitations of the University’s review are clear in the statement of Deputy Vice Chancellor, Richard Henry:

We had an external review of the Faculty of Science by a committee of internationally respected scientists and their recommendations to the university were that the Faculty of Science should concentrate on its strengths; areas such as maths, physics, chemistry, psychology, biology.

The university wants to focus on pure science rather than applied science after a  review undertaken by “a committee of internationally respected scientists”.   HMMMM?

OHS academics are often less dependent on government funding than other schools and departments because the skills and knowledge can be more readily applied in a practical way and they live closer to the economic realities of business and workplace safety.

Silburn’s accusations of greed are too narrow.  The safety profession can continue without the School of Risk & Safety Science.  There are many sources of OHS graduates still in Australia and, from the activity of the University of Queensland, these opportunities are increasing.

It seems that the university may have been too narrow in its selection of the review panel for the Faculty of Science.  But if we take the panel’s recommendations seriously, Richard Henry does not see the School of Risk & Safety Sciences as fitting in the Faculty of Science.  Surely it could fit in the university’s School of Organisation and Management.  Going from this School’s profile in the website:

“The School of Organisation and Management is a multi-disciplinary unit comprising 32 full-time academics.  Our mission in the School of Organisation and Management (O&M) is to conduct high quality applied research and to prepare students for employment in diverse organisational settings.  Our main areas of research and teaching include: Organisational Behaviour, International Business, Human Resource Management, Industrial Relations, and social and psychological aspects of Management.”

Anne Wyatt researches the psychosocial issue of workplace bullying.  Chris Winder researches occupational toxicology and his most recent academic paper is “Managing hazards in the workplace using organisational safety management systems: A safe place, safe person, safe systems approach.”

If the University of New South Wales cannot see the continuing relevance of its profitable School of Risk & Safety Science, it should perhaps get examined at its own School of Optometry and Vision Science.

Kevin Jones

The School of Organisation and Management is a multi-disciplinary unit comprising 32 full-time academics. Our mission in the School of Organisation and Management (O&M) is to conduct high quality applied research and to prepare students for employment in diverse organisational settings. Our main areas of research and teaching include: Organisational Behaviour, International Business, Human Resource Management, Industrial Relations, and social and psychological aspects of Management.

OHS – time to grow up or get locked in the attic

In OHS law in Australia, the employer/employee relationship is dead or, at least, coughing up blood.  OHS law is to be based on “people conducting a business or undertaking” (PCBUs have been discussed briefly elsewhere) and not a worker working in a workplace, even though the recently changed industrial law, the Fair Work Act, maintains this relationship.

This morning in a staff seminar at a large multinational business in Australia a regional CEO revealed a considerable level of financial detail to his employees, much more so than any of the staff had seen before.  His reason for this was that he was talking with “adults”.  He employs adults and expects his workers to act like adults.  He also said that he cannot understand why, for so long, employees have been treated as children or act like children.

Past occupational health and safety law seems to reflect this relationship.  Employees have expected someone else to fix a problem because the employer has the principal responsibility for everyone’s safety.  The employee has had a legislative responsibility to look after their own safety and that of others for decades but it was rarely emphasised and only occasionally did it appear as a reason for a prosecution.

To be simplistic for a moment, parents set the house rules for when children are in the  house.  As children grow, the rules are amended and new rules are created as the child becomes more mobile, curious and intelligent.  In many circumstances, the children are given a fair degree of flexibility in meeting the house rules but every so often the rules need to be enforced and children reminded of them.  A penalty of some sort is applied.

At a WorkSafe seminar on 26 October 2009 in relation to the proposed Safe Work Bill, there was a tone to the panelists’ comments that seemed to be calling for a new “maturity” in OHS management.  It was as if the last thirty years has been the learning phase where the house rules have been clearly established and the children have reached a point where the house rules are to be self-policed.  It could also be put that the children are expected to extend these rules to any guests to the house.  But the analogy of a house as a workplace and business should stop there before it becomes silly.

What the new/proposed OHS laws are looking for is a responsible approach to staying safe.  The emphasis on “reasonably practicable” in the legislation is a plea and an expectation for people in a workplace to behave reasonably.  The impression is that if the test in law is to be of a “reasonable person” then the OHS law should be encouraging people in a workplace, whatever their status, to act reasonably.

In short, the Australian Government is asking businesses and workers to “grow up”.  The test will be who chooses to be sitting at the family meal table and who becomes the mad uncle locked in the attic that everyone feels embarrassed by.

Kevin Jones

Freshening an OHS career

OHS professionals, as with any profession, can easily become out-of-touch with what their profession is all about.  This is to improve the safety of people through a professional and competent approach.

Some professionals lose touch because they may be dealing with corporate OHS policies all day,  they may never get away from head office and the endless round of meetings, they don’t get to go to events outside their own professional network or they are simply comfortable with  the “academic” role and not miss getting their hands dirty on the shop floor.

In each of these scenarios the OHS professional is doing themselves, and their profession, no favours.  Their career may progress but their thinking does not.  Some OHS professional associations are at the same plateau.

There are some small things one can do if one wants to break the cycle and obtain a better quality of work.

  • Test the validity of the corporate polices by arranging for an internal audit by someone else and participate as an observer.
  • Take one’s skills out of head office and offer to mentor some of your contractor’s OHS people.
  • Establish a pro-bono service for the smaller businesses nearby.
  • If one’s company is in an industrial estate, start-up an Estate OHS group where business owners can meet to share or create solutions.
  • Offer one’s OHS services to a not-for-profit organization, if your company offers “volunteer” leave.
  • Offer to assist students at all levels with their OHS assignments.
  • Take a sabbatical to majority world sectors, such as Asia, and offer one’s OHS skills to OHS and labour advocates in that region.*

The biggest threat to one’s safety skills is stagnation.  If one’s professional safety organisation does not have the programs available to freshen up your skills and approach, go outside the safety field.  It is surprising how one’s skills in one area can be applied in others, such a public health, environmental safety, transport or maritime safety.

Kevin Jones

* A particularly useful organisation that is worth contacting is ANROAV – the Asian Network for the Rights of Occupational Accident Victims

A colleague in Asia recently told SafetyAtWorkBlog that ANROAV is in need of variety of educational materials.  Many of these are basic tools such as jigsaws that can be used to identify hazards or safe work options.

$A10,000 would be a great help in establishing a basic education fund which could access a suite of OHS comics and short films that can be used for education on fire risk, cancer, mine safety, electronics, solvents etc..

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