New quadbike safety research in a time of political change

In the next edition of the Medical Journal of Australia (MJA), Dr Tony Lower, Director of Australian Centre for Agricultural Health and Safety and Monash University researchers ( Angela J Clapperton and Emily L Herde) will be providing more evidence about the death and injury rate associated with the use of All-Terrain Vehicles (ATV) and quadbikes. A unique feature of this study is that “it is the first Australian study quantifying injuries from three different data sources.”

This research is timely as only last week a Tasmanian court case was occurring over a quad bike incident on a dairy farm. According to a newspaper report on the case:

“Defence counsel Glynn Williams told magistrate Michael Brett that quad bikes were inherently unsafe and unstable…. [and]

“There is ongoing carnage on farms and while the government can legislate to make stronger and stronger dog laws there is no willingness to legislate for stronger quad bike laws”

According to a media statement on the MJA paper due for release on 16 September 2013, Lower says:

“As the data indicates not only are there increasing numbers of quad cases, they are also more serious than other similar injuries. Further, because of their threat to life, they will frequently require higher levels of medical treatment and longer recovery periods for the victims.”

“The impact of deaths and serious injuries from quad bikes is significant and I am sure everyone would like to see a decrease in these incidents.”

Continue reading “New quadbike safety research in a time of political change”

Workplace bullying can exist in the boardroom

A most curious article about workplace bullying appeared in the Australian Financial Review (AFR) on 11 September 2013. In discussing recent changes to Australia’s Fair Work Act Nick Ruskin of K&L Gates wrote about the broad definition of workplace bullying to be applied:

“…the intriguing thing is that worker is very broadly defined. Its definition, reliant on the Workplace Health & Safety Act 2011, is so wide it could even include the director of a corporation.

In other words, non-executive directors of corporations will have the same ability as a traditional worker to take a bullying grievance to the Fair Work Commission.

We could see a situation in which a company director alleges they have been bullied by another director and seeks early intervention from the Commission.” (emphasis added)

Continue reading “Workplace bullying can exist in the boardroom”

One in three safety devices unfit to save lives

On September 3 2013 I will be on a panel in Sydney discussing issues associated with working at heights. Below is a media release (not yet available online) about the panel and some recent data on working at heights risks. The quotes are mine.

Inaction by policy makers is putting lives at risk and now, says a peak safety industry body, there are the numbers to prove it.

The Working At Heights Association (WAHA) will host a crisis summit on Tuesday at The Safety Show Sydney, where it will reveal that one in three roof anchors are unfit for use. Of the 3245 anchors audited by association members over the last three months, 2260 were deemed unusable.

Part of the problem, says WAHA secretary Gordon Cadzow, has been the lack of awareness of the number of inadequate safety systems on Australia’s rooftops.

Continue reading “One in three safety devices unfit to save lives”

MP wants to close a dodgy loophole but vision is what’s needed

One of the most discussed posts on this blog concerned an insurance company that paid the fines awarded against a company director. The company director had been found guilty of OHS breaches that led to the death of a worker. Yesterday, South Australia’s Deputy Premier and Minister for Industrial Relations. John Rau, said that he will be taking action to close the loophole that allows for this situation. But this is unlikely to succeed and may be a distraction from the more significant issue of new penalties for deterrence.

In a media release, not yet available online, Rau states that

“Insurance should not be the preference over safe equipment and safe workplace standards….

Whilst most employers do the right thing, this dodge effectively means that the incentive for a company to provide a safe environment for its workers is diminished or eliminated.”

Rau’s current strategy for closing this loophole, which is not really a legal loophole at all, is weak. Rau, a Labor Party politician, says that he will bring the matter to the attention of the Federal Minister for Workplace Relations, Bill Shorten. However, Australia is ten days away from an election that the current (Labor) government is tipped to lose.

Continue reading “MP wants to close a dodgy loophole but vision is what’s needed”

CSIRO bullying case shows the complexity of the issue for all of us

For some time the Commonwealth Science and Industrial Research Organisation (CSIRO) has been plagued with accusations of bullying and harassment.   A researcher began court action in 2011.  An anonymous website “Victims of CSIRO” was established in 2012 and provides a timeline of disgruntlement for back as far as 2002.  In May 2012, Liberal politician Sophie Mirabella, raised the issue of bullying in criticism of the then Prime Minister, Julia Gillard.  In July 2012, Comcare issued an Improvement Notice to CSIRO following an investigation

”thoroughly reviewing the workplace systems relating to the prevention and management of bullying behaviour at CSIRO”.

In September 2012, CSIRO whistleblowers spoke of bullying. The CSIRO Staff Association reported anecdotal evidence of increased bullying and harassment in late 2012.

In August 2013 HWL Ebsworth released the independent report  (the Pearce report) which, according to the CSIRO, found

“no major or widespread issues with unreasonable behaviour or bullying in CSIRO”.

How does that work? Continue reading “CSIRO bullying case shows the complexity of the issue for all of us”

Judicial inquiry into insulation dominated by election campaign politics

Australia’s conservative opposition leader, Tony Abbott, has announced that he intends to conduct a judicial inquiry into the government’s handling of the home insulation program (HIP) that resulted in the deaths of four workers in Queensland and New South Wales in 2009 and 2010.

Such a call would, normally, be very welcome but the timing of Abbott’s announcement brings a level of political baggage that weakens his commitment. Continue reading “Judicial inquiry into insulation dominated by election campaign politics”

Focus on Safety and compliance will come

Everyone wants clarity.  We want the comfort of knowing we are doing the right thing or that we are meeting the targets we and others set.  Workplace safety is no different but it has been complicated to an extent that clarity is unachievable and so uncertainty has come to dominate.

Occupational health and safety (OHS) consultants are often asked by business, small business in particular, “just tell us how to comply”.  Once upon a time this could be done but now the best a consultant can do is say something like “I reckon you’ll be okay, ……. if you follow through with the commitments needed, and keep your state of knowledge up to date, and take out as many liability insurances as you can, and become a member of an industry association ….and……..and…..”

The cult of “reasonably practicable” has been a major cause of this uncertainty but even prior to this was the move in Australia in the 1990s from a prescriptive regulatory structure to performance-based.

OHS compliance is now at the stage of the “best guess” or an “educated guess”, if one is lucky.  Continue reading “Focus on Safety and compliance will come”

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