hazards – Page 70 – SafetyAtWorkBlog

Woodchipper decision could set a worrying safety precedent

The development of Australia’s new Work Health and Safety laws relies on potential prosecutions and Court rulings to clarify various elements and definitions. Some labour lawyers have forecast this clarification to take several years however last week The Warrnambool Standard reported on a decision by the Victorian Civil and Administrative Tribunal (VCAT) that provides a worrying clarification on the contentious definition of “as far as is reasonably practicable” from outside the anticipated Court structure.

WorkSafe Victoria placed an improvement notice on a woodchipper owned by the Warrnambool City Council following an incident in September 2011 where a worker, David Johnstone, had both hands removed by the blades of the woodchipper. The improvement notice stated that additional guarding in the form of a “bump bar” be installed on woodchippers. The Council requested a review of the notices through WorkSafe’s review processes. The directions stood and the Council appealed to VCAT, as per the normal process. VCAT found that the engineering controls demanded by WorkSafe were not required as the administrative controls advocated by the Council were found to have “reduced risk “so far as is reasonably practicable”.

The VCAT decision is concerning because it seems to conflict with the application of the Hierarchy of Controls for risk in which machine guarding, an engineering control, is considered a more effective control measure that administrative controls such as those favoured by the Council Continue reading “Woodchipper decision could set a worrying safety precedent”

Performance Management may be key to building a safe workplace culture

Occupational safety advice and incident investigations are peppered with the need to have an improved workplace culture. In some ways, workplace culture is another, and broader, way of saying of “system of work”, a concept that has existed in Australian OHS laws for a long time but never received the prominence of clarity it deserved. But how does one develop an improved workplace culture and system of work? Performance Management seems to be one option.

Performance management is well established in the human resources (HR) discipline but the OHS implications are just being acknowledged in the safety discipline. The concept has been mentioned several times in the public hearings of Australia’s inquiry into workplace bullying as a positive and potential negative.

According to Associate Professor Robin Kramar (now Professor of Human Resource Management at the Australian Catholic University) of in the 2004/2005 edition of CCH’s Australian Master Human Resources Guide, performance management is

“..a way of encouraging behaviour that supports organisational objectives.” (page 19)

This is particularly relevant to the management and removal of psychosocial hazards that safety professionals are increasingly being called on to address or to assist with. Continue reading “Performance Management may be key to building a safe workplace culture”

Public hearings into Workplace Bullying to commence in Australia

Next week Australia holds public hearings into the issue of workplace bullying. Currently the House Standing Committee on Education and Employment has not yet made any submissions publicly available which handicaps the value of the public hearings for observers but the Trade Unions have released their submissions. Generally, the suggestions for control measures are progressive but the submissions also indicate the extent of the challenge in “controlling” workplace bullying and some of the challenges facing this inquiry.

The ACTU claims that workplace bullying was given national prominence following a survey of union members in 2000 but that survey is not representative of the broader Australian community and should be treated with caution. The ACTU submission seeks support for its survey results from more authoritative sources such as Safe Work Australia and the Productivity Commission. But neither of these sources indicates workplace bullying to be as big an issue as the ACTU claims.

Safe Work Australia’s figures, quoted by the ACTU , say that in

“In 2007/08, 26% of accepted workers compensation claims for mental stress in Australia resulted in 26 or more weeks off work.”

The significance in this quote is that bullying is not mentioned and if one accepts that bullying is a subset of mental stress and psychosocial hazards, bullying should be only a fraction of the 26% figure. It is also the case that it is common for victims of bullying to eliminate the hazard through resignation rather than lodge workers’ compensation claims. So one metric may indicate a low bullying rate but another indicates a “hidden” rate. Accurate measurement, the accumulation of evidence, is a major problem in any study of workplace bullying and is a major challenge for this Parliamentary Inquiry. Continue reading “Public hearings into Workplace Bullying to commence in Australia”

WorkSafe’s approach to marketing safety to teenagers revealed

Two articles in two days concerning OHS advertising may seem a little much but in 2008 Australia’s Advertising Standards Board (ASB) received complaints about one of the graphic ads used by WorkSafe Victoria at that time. WorkSafe had identified a need to shock teenagers about workplace risks but some television viewers found them disturbing.

young-workers-pix-004 — WorkSafe Young Workers Campaign

A couple of the complaints reflect some of the comments posted by readers to the SafetyAtWorkBlog.

“These ads may be appropriate for industrial oh&s training programs, but not for the general community, for whom they serve no purpose other than to shock and horrify.”

“I was injured at work were I lost my entire eye ball, I think work place safety is very important, to spread the word is vital, however the scene of burnt flesh is going to upset and remind people who were injured at work the horror they suffered, I know I can’t watch it, and I wasn’t burnt.”

The ASB Case Report includes details of focus group surveys undertaken by WorkSafe Victoria in developing the advertisements. These details illustrate some of the marketing thinking of WorkSafe. Continue reading “WorkSafe’s approach to marketing safety to teenagers revealed”

Brodie’s Law not being applied. Perhaps a broader context is needed.

Workplace bullying is a hazard that must be recognized, addressed and punished, but above all prevented. “Brodie’s Law” was always going to be a part of this challenge but never the solution.

Today’s Age newspaper bemoans the fact that “Brodie’s Law” has not been applied since its introduction 12 months ago. This is not surprising and the article provides some clues to why.

The application of this law seems now to be mainly intended for the Victorian Police force and, as with any police force, there are a great many items on their agenda of which workplace bullying is only one.

Policing and harm prevention

It can also be asked why the Victorian Police force is policing a workplace issue? Workplace safety is principally the responsibility of the employer or, in the new language, person conducting a business or undertaking. The bullies and employer involved in the bullying of Brodie Panlock were prosecuted under occupational health and safety law, not the Crimes Act. Continue reading “Brodie’s Law not being applied. Perhaps a broader context is needed.”

Serious quad bike incident in New South Wales

SafetyAtWorkBlog has been informed that an Irish backpacker was working on a farm near Gravesend in New South Wales in late May 2012 and received serious back injuries when the quad bike, from which he was spot spraying weeds, rolled on an embankment. The man was taken to hospital after contacting the farmer for assistance.

A spokesperson from WorkCover NSW has confirmed that

“….a 26 year old male worker was injured on a property at Gravesend near Moree …. on Thursday, 31 May. Initial enquiries indicate that the worker was spot spraying weeds on the property and has suffered back injuries from a quad bike incident when he attempted to ride out of a gully.”

At this time, Workcover was unable to say whether

the worker had received any motorcycle or quad bike training.
the quad bike had any attachments or modifications.
the worker was wearing a helmet or other PPE at the time.

It is understood that the worker had been on the farm for only a few days.

We have been unable to find any media or online references to this incident.

On 24 May 2012, a week before the incident above, the Australian Broadcasting Corporation’s AM program ran an interview about the quad bike related fatality of an 11-year-old boy in 2011.

A longer audio interview on quad bike safety was conducted by ABC Rural in September 2011. The participants were Tony Williams of WorkCover NSW and John Lambert of the Forensic Engineering Society of Australia but the most significant quality of the interview was the solid understanding of agricultural safety shown by the interviewer.

Kevin Jones

Australian financial newspaper discusses workstation ergonomics

For some time, restricted posture at workstations has been identified as being unhealthy. The Australian Financial Review on 15 May 2012 takes up the story but the author, Dierdre Macken, points to squatting as an option until “they wait for the occupational health and safety review of chairs to come in”. She misses the point. Chairs are not the problem. The type of work and the design of workplaces is a much more important problem.

We have come to understand that productivity is not always achieved through a restricted focus on a work task based on an eight-hour day and that includes between one and three formal breaks. A better productivity comes from engagement, interaction and a variety of tasks. Interestingly workplace safety is also improved through these same elements.

Kevin Jones

Category: hazards

Woodchipper decision could set a worrying safety precedent

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Performance Management may be key to building a safe workplace culture

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Public hearings into Workplace Bullying to commence in Australia

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WorkSafe’s approach to marketing safety to teenagers revealed

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Brodie’s Law not being applied. Perhaps a broader context is needed.

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Serious quad bike incident in New South Wales

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Australian financial newspaper discusses workstation ergonomics

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