New book on pipeline safety has OHS lessons for all

Hopkins Hayes Book CoverAny new book by Andrew Hopkins is a cause for excitement.  The latest book co-written with Associate Professor Jan Hayes* focusses, primarily, on two pipeline disasters in the United States but has sufficient information and thoughts for those OHS professionals outside this sector and jurisdiction.

Nightmare Pipeline Failures: Fantasy planning, black swans and integrity management” is a typically slim volume written in Plain English that benefits from the broad knowledge of its authors.  Readers of Hopkins’ early books will get all of the cross-references.  In some ways, this book can be seen as almost a case-study of Hopkins’ work on mindfulness and high-reliability organisation, as the themes of management perspectives, activity and decision-making occur repeatedly in this book. Continue reading “New book on pipeline safety has OHS lessons for all”

AiGroup pushes for harmonised OHS laws during Victoria’s election campaign

Cover of Vic Pre-election statementLater this month, Victoria is conducting its regular State election.  Workplace safety has not been mentioned by any of the candidates but at least one industry association has mentioned occupational health and safety in its pre-election statement.  The Australian Industry Group (AiGroup) has recommended

“The next Victorian Government should immediately commit to the harmonised OHS laws as the state remains the only jurisdiction not to do so.” (page 5)

The AiGroup does not expand on the reasons for this recommendation other than seeing OHS has part of its general call for harmonisation and that it is part of “reducing costs of doing business”.  SafetyAtWorkBlog was able to fill in some of the AiGroup’s reasoning by talking, exclusively, with

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A Declaration of lip service on OHS

Next month Australia hosts the G20 but there is always a lot of activity leading to this meeting and labour relations is part of that preparation.  In September 2014 the G20 conducted its Labour and Employment Ministerial meeting at which a Declaration was released that includes some occupational health and safety (OHS) information.  The Declaration is full of “weasel words” and “soft verbs” but it is worth noting so that the actions of governments on OHS in the future can be referenced, even though tangible results will be few.

On promoting safer workplaces, the Declaration states:

“Improving workplace safety and health is an urgent priority that protects workers and contributes to increased productivity and growth. We agree to take further steps to reduce the substantial human and economic costs associated with unsafe workplaces and work-related illnesses. We endorse the attached G20 Statement on Safer and Healthier Workplaces (Annex C), and we commit, as appropriate, to implement its recommendations in collaboration with governments, international organisations and social partners.”

If we were to deconstruct this statement, accepting that the paragraph is extracted from the labour relations context, the Australian Government, and other parties, does not accept that OHS is an “urgent priority”, only that improving it is.  Any government can prove that it is “improving” OHS even when controls are removed due to red tape reduction or by the ideological strategy of increasing employer control through increased flexibility.

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HIP Royal Commission – Gross Negligence and Accountability

Little of the recent commentary on the findings of the Royal Commission into the Home Insulation Program (HIP) have mentioned the opinion of the Royal Commissioner Ian Hanger that the Australian Government acted in a “grossly negligent” manner.  Such a comment deserves considerable analysis by a specialist lawyer but it remains a remarkable criticism in terms of obligations under OHS/WHS laws.

Commissioner Hanger wrote:

“To encourage inexperienced young people to work in an environment where there was a risk of defective electrical wiring, and allow them to install conductive material was, in my opinion, grossly negligent. It is no answer for the Australian Government to say that it was the responsibility of those young people’s employers to protect them.” (para 5.2.20, emphasis added)

Gross negligence has been equated to the term “reckless endangerment” included in Australia’s Work Health and Safety laws.  One legal website site says that:

“Reckless endangerment is the offense of engaging in activity that has a disregard for risks with foreseeably dangerous consequences.”

Commissioner Hanger’s comments certainly seem to fit reckless endangerment as the risks, not only of electrocution but simply from working in domestic roof spaces, were well known.

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HIP Royal Commission – Risk Registers

Cover of ReportoftheRoyalCommissionintotheHomeInsulationProgramSafetyAtWorkBlog has written previously about the evidence of Margaret Coaldrake to the Royal Commission into the Home Insulation Program (HIP) given at the public hearings and also the occupational health and safety role of risk management and risk registers. The release of the Royal Commission’s final report on 1 September 2014 provides further details on a risk management process that is common to all large projects.

Commissioner Ian Hanger spent considerable time on the issue of the risk register as this was one of the crucial elements in the project’s whole decision-making process up to Ministerial level.

Risk Register

Commissioner Hanger was scathing of the risk management process that not only ignored the risk of worker fatalities but purposely dropped this risk from the register. He was unforgiving in his criticism of Margaret Coaldrake. He criticised her judgement. In working with her Minter Ellison colleague Eric Chalmers:

“it was up to [Coaldrake] to make sure that she and the people working with her were qualified to provide the service that Minter Ellison consultants had been retained to do.” (para 7.11.15)

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Fear of exposure rather than pride in their work

Due diligence” is an established business management concept that only recently came to be applied to occupational health and safety (OHS) in Australia through the Work Health and Safety (WHS) harmonisation process.  It’s credibility comes from the Corporations Act, principally, but also Consumer Protection and, partly, Environmental laws.

iStock_000015900242SmallThe attention given by OHS/WHS professionals and senior executives to due diligence is already changing how workplace safety is managed in a positive way but recently the

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OHS is not all about covering one’s arse

iStock_000005779267_SmallIt is very common to hear people say that the core motivation for introducing or improving workplace safety management is to cover one’s arse (to protect oneself from various legislative and reputational exposures), be that the collective arse of management, the board and executives or the arse of the individual worker.  This is a fundamental misunderstanding of the intention occupational health and safety (OHS) laws and principles yet the fear of reputational damage is a strong motivator of change with which safety professionals should learn to work and, perhaps, exploit, particularly as the traditional methods for corporate embarrassment, the media, are declining.

The most pertinent research on reputation risk as a motivator for OHS change seems to come from the UK’s Health and Safety Executive in 2005. In a summary report on research into compliance, HSE looked at the motivations of employers for change.  It found that reputational damage was one of many motivators and that each was given around the same weight in deliberations but that

“Respondents cite newspaper reports covering serious incidents and requirement to advise customers of incidents as the best way of increasing risk of reputational damage, followed by a requirement to report health and safety in company reports. ” ( page 10)

This change catalyst relies on two increasingly fragile criteria – the media and annual reports.  The media has rarely reported on OHS issues unless the incident

  • has caused major disruption
  • involves a high profile individual or company
  • involves children
  • can be given a party political context.
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