Bill Calcutt makes some excellent points about the consultative strategy used by the Australian government in its recent 2020 summit. The summit showed that this government had differentiated itself from the previous conservative one through “transparent evidence-based decision making” and a wide consultative base, even though the guests were selected. Sadly, I am not sure…
The New South Wales Industrial Relations Minister, John Della Bosca is a linchpin in the move for harmonisation of OHS law in Australia.
All attention is on New South Wales as it is said to have OHS laws that are the most onerous on employers. Employer groups are calling for a greater preventative focus and more cooperation on improving workplace safety, specifically those areas of conflict that employer groups have in New South Wales.
Della Bosca supports the New South Wales OHS regime, at least lately he does, in reaction to the employer groups wanting, according to the Minister, a “version of harmonisation…aimed at reducing safety standards and eliminating the strong NSW laws.”
The NSW Minerals Council, reported in the Australian Financial Review on 13 June 2008 (page 19 sorry, there is no online reference), has concerns over the New South Wales operation of duty of care, double jeopardy, and appeal rights.
The wobbly element in the NSW argy-bargy is the political future of John Della Bosca. He has been stood down from his portfolio due to events relating to an alleged altercation in a restaurant that involves his wife, Belinda Neal, who is a member of the Federal Parliament. (Any internet search on “Della Bosca” is sure to turn up articles on this as the story has been running for almost two weeks). Della Bosca is one of the strongest performers in New South Wales politics and has held the IR portfolio for a long time. Political analysts are saying he will weather the storm but that his wife has little parliamentary future.
In the mean time, Della Bosca’s strong position on OHS is absent in the political discussion and this will have ramifications in the harmonisation process. The Treasurer, Michael Costa, the only other strong NSW performer, could take on the role but the longer Della Bosca’s absent, the more ground the government and its strong trade union support loses to the employers.
In a roundabout fashion, this also puts pressure on the recently-appointed Secretary of the Australian Council of Trade Unions, Jeff Lawrence. Some unions are less than impressed with his political performance. In Della Bosca’s absence, Lawrence needs to step up his lobbying and maybe continue it even when the Minister returns.
Australia’s Resources Minister, Martin Ferguson has emphasised that the National Offshore Petroleum Safety Authority (NOPSA) is a competent investigative organisation and that people should not speculate on the cause of the Varanus Island pipeline explosion before the report is completed.
At a joint press conference with the Minister on 14 June 2008, West Australian Premier, Alan Carpenter said it was too early to gauge the impact of the gas supply disruption. (Politically too early but the finance papers are full of the impact on Australian business. Look at the disastrous share performance of Babcock & Brown Power for evidence.) Carpenter then estimated a cost to the economy of “hundreds of millions of dollars a day”.
NOPSA’s report should be fascinating reading on the operation of an isolated gas pipeline but more fascinating would be a book about how the West Australian energy infrastructure was allowed to become so fragile. The book should also document the positives about the business continuity programs of the major WA industries.
The next impact will likely come from the insurance companies.
In August 2007 the Australian equestrian industry was struck by its first-ever outbreak of Equine Influenza (EI). The Federal Government’s report on the incident has been released and has significant lessons for several reasons.
Australia has been proud of its biosecurity and customs service for decades. As an island nation at the end of the world, there is a level of purity in its ecology that needs to be preserved (even though there were many earlier mistakes – foxes, rabbits, cane toads – to name a few). The country’s pride was obviously out of touch with reality as Justice Callinan was highly critical of the Australian Quarantine Inspection Service. Few government reports have included the clarity (or bluntness) of phrase as this report includes.
“The objective of biosecurity measures at a post-arrival quarantine station for animals, such as Eastern Creek, is to prevent the escape of disease that might be present in the station. It is therefore essential that people and equipment having contact with the animals are adequately decontaminated before leaving the station. That was not happening at Eastern Creek in August 2007. Had such biosecurity measures been in place, it is most unlikely that there could have been any escape of equine influenza from the Quarantine Station.
That such measures were not being implemented was a consequence of a number of acts and omissions on the part of various employees and officers of AQIS at different levels of that organisation and over a number of years.”
As the media reports appeared and the Agriculture Minister, Tony Burke, spoke passionately about the need to review the entire biosecurity process, farmers and other were thanking their luck that the outbreak was EI and not Foot & Mouth or other equally nasty infection.
Indonesia, a consistent sufferer of Avian Influenza, is only a few hundred kilometres away. If Australia had a poultry industry on its northern shores, would the Government’s approach to quarantine inspecton be different?
Callinan goes on to depict an organisation of mismanagement and is not afraid to point the finger of blame and responsibility. He summarises:
“What I describe bespeaks an organisation that lacked clear lines of communication between those responsible for formulating procedures and work instructions and those responsible for implementing them; one in which there was insufficient training and education in relation to the procedures and instructions to be followed; one in which there was no checking to ensure that those procedures and instructions were being implemented; and one in which any business plan or other reporting system did not alert senior management to these failures.”
For OHS professionals and risk managers, these systemic failures would fit with too many other risk management failures. It is too easy a criticism to say that the organisation was devoid of a safety culture. In the case of quarantining possible infectious animals, the organisation and process was inept.
A few years ago, Chris Maxwell undertook a review of Victoria’s OHS regime and stated that he thought citizens should be able to expect government departments to be exemplars of workplace safety. It is an expectation that may be unfair in many areas but when an organisation has been urging the public to be super-diligent over the importation of items that could potentially decimate agricultural industries, and then fails disastrously itself, maybe the public campaign funds could have been better spent inside the organisation.
ABC Radio report – http://mpegmedia.abc.net.au/news/audio/pm/200806/20080612-pm01-horseflu.mp3
Government response http://www.daff.gov.au/__data/assets/pdf_file/0008/690704/ei-response.pdf
This post is receiving a lot of attention from around the world so, although, at the moment, the workplace safety issues have diminished, it is interesting to note that The Australian newspaper for 12 June 2008 reports that the Premier, Alan Carpenter, has acknowledged that he may need to invoke emergency powers to seize control of electricity and gas supplies.
This is an extraordinary development that indicates the infrastructure fragility of Western Australia.
The supply disruption is now also receiving federal government attention as it begins to affect Australia’s ability to supply China’s insatiable appetite for Australian minerals and energy.
Alcoa Australia is the latest company to announce a “force majeure” as a result of the Apache Energy pipeline explosion.
It is phenomenal to see how an event that in OHS terms is a “near miss” has the potential to weaken a country’s economic growth.
On 8 June 2008, a US 60 Minutes report on combustible dust joined the conga-line of critics of the Occupational Safety And Health Administration. The tone of the report is set by the reporter, Scott Pelley’s introduction stating that it is OSHA’s responsibility to avoid the explosions. For OHS practitioners and professionals this is a peculiar statement as it is usually the employer’s responsibility for workplace safety.
The 60 Minutes report illustrates the difficulty that OHS inspectors face when visiting workplaces. Can an inspector be expected to identify ALL the hazards present in a workplace? This is a constant problem for OHS regulators, employers and sadly, the Courts.
The accusation in the 60 Minutes report is that inspectors had no information or training on the explosive hazards of dust. Training is not the solution for everything and an inspector’s state of knowledge should have identified dust as a potential hazard. Even if the hazard was identified in terms of an inhalation risk, or housekeeping, the explosive risk would be reduced if housekeeping was applied properly.
OSHA clearly stated the responsibility of workplace safety being on the employers. The missing element of the entire 60 Minutes report is that the site operators and employers who have experienced dust explosions were not interviewed.
More information on the February 2008 explosion at the Imperial Sugar plant mentioned in the report is available by clicking HERE
For those of you who find dust explosions exciting a video of a dust explosion in a silo is available HERE
For those employers or inspectors who did not do high school science, a schoolroom example of the combustible hazards of dust can be found HERE
On 3 June 2008, Brian Lehrer of radio station WNYC conducted a discussion on the issues of occupational health safety as it relates to New York City’s second crane collapse in a couple of months and a sharp rise in construction deaths so far in 2008.
The speakers are very critical of the Federal Occupational Safety & Health Administration and the resources provided to it by the Federal Government. Speakers also raise the issues of the rate of construction, the skill levels of inspectors, shortage of building equipment, union membership, in passing, the legal status of migrant workers, and the assessment criteria of inspectors on construction sites.
The resource levels and strategic planning matters raised in this discussion echo many of the debates that are occuring in Europe and Australia.
The podcast is available for download by clicking HERE