hazards – Page 72 – SafetyAtWorkBlog

More safety indemnities offered but with similar limitations

In August-September 2012 a media release was circulated in Australia promoting an

“…an Australian industry first – leading construction & mining workplace safety provider RIS offers to indemnify operators against non compliance prosecution.”

This may be a first for RoofSafe Industrial Safety (RIS) but not for Australia. SafetyAtWorkBlog has reported on a smaller but similar system that originated in the automotive repair industry.

RIS’ Syncron system has several steps to compliance

Safety Audit
Assessment and Priorities
Coordinated actions aimed at maximum cost savings
Indemnification
Ongoing Monitoring and Continuous Improvement

It seems to be popular in the mining sector, according to the RIS website and clearly, from the media release, RIS is expanding its application from its fall–protection base into construction.

Indemnification

There are lots of issues of concern in the media release, if not in the Syncron system itself. The indemnification is of particular concern and although these sorts of safety management systems are apparently cleared through legal advisers they need a great deal of explanation in order for businesses to feel comfortable.

One of the potential traps of these systems is that indemnification only exists when the assessment and management system is followed absolutely, as highlighted below. Although the advisory resources exist outside the customer’s business, checking and monitoring still comes from the customer and adequate resources are required.

The legalese through all Syncron brochures and statements needs forensic analysis. Continue reading “More safety indemnities offered but with similar limitations”

Momentum increases for tangible action on workplace bullying

According to the Canberra Times, a company board has been served with an improvement notice over inadequate attention to workplace bullying claims in a retirement home. The ABC television program, 7.30, has followed up workplace bullying claims aired earlier this month with a further case on 25 September 2012 with savage criticism of WorkSafe Victoria’s actions in the case.

The Australian Government has completed the public hearings of its Parliamentary Inquiry into workplace bullying. Bullying is everywhere but little seems to be happening to address the various elements and deficiencies of the regulatory system.

On 21 September 2012 the WorkSafe ACT Commissioner warned about inaction on workplace bullying:

“If bullying has not occurred, then a properly conducted investigation should find that… If, on the other hand, an independent investigation substantiates the allegations, then the employer will be in a position to act to protect their workers from any ongoing threat to their health and safety.” Continue reading “Momentum increases for tangible action on workplace bullying”

Strengthening safety decision-making

Any professional sees elements of their profession in other walks of life. Police notice infringements when they are off duty. Teachers often continue to instruct or educate when outside of school. Journalist’s conversations with friends often contain pointed questions.

Safety professionals, commonly, extend safety principles to their own behaviours and lives. This can sometimes lead to a heightened intolerance of unsafe behaviour in others but also desires that life operated on safety principles. Today I wondered about the application of the concept of “Reasonably Practicable” in prioritising corporate and personal safety objectives.

I simplified (bastardised, some may say) the Safe Work Australia guideline on reasonably practicable into questions that we should ask in our non-OHS lives but, most importantly, the priority of the reasonable practicable process is retained. The questions, in order of priority are:

How important is it?
How harmful could it be?
What do we know about it?
How can we control it?
How much will it cost?

Self-help aficionados may see these as life lessons or criteria that can be applied to many decisions. I agree to some extent but the priority of the questions is of most importance in the decision-making process because it places the issue of cost last. Continue reading “Strengthening safety decision-making”

Law reform does not prevent harm, only compensates for it

Josh Bornstein is a media-savvy lawyer with Maurice Blackburn who has gained some prominence on the matter of workplace bullying. A week ago Bornstein spoke at a Legalwise seminar in Melbourne Australia and he has yet to stop running on his topic of discussion – “Disproving the seven myths about workplace bullying”. Today he released a video of his presentation on the Maurice Blackburn YouTube channel. The speech from the seminar is HERE.

Lawyers advise that words and statements are very important. Documents and presentations are deconstructed for nuance and alternate interpretations. Context is also vitally important to determine why something was said when it was said and why it was said. These tools are equally useful for Bornstein’s presentation.

Continue reading “Law reform does not prevent harm, only compensates for it”

Managing on luck is not managing safety

In December 2011, SafetyAtWorkBlog reported on a serious misreading of workplace safety by the President of the Australian Hotels Association in South Australia (AHA/SA), Peter Hurley. The debate on new work health and safety laws in South Australia continues and on 7 September on radio station FIVEAA, according to an interview transcript (not available on-line), Peter Hurley continued to display his misunderstanding of OHS laws and principles even though SafeWorkSA responded at the time. The broader significance of his comments is that they could provide an example of the way that OHS myths are created through anecdote and misunderstanding.

Hurley reportedly said:

“..last year one of our hotels was subjected to some very aggressive inspectorate activity and among a myriad of other nit-picking things that we were instructed that we had to comply with was an instruction that we had to deck out our bottle shop staff in high vis apparel so if someone wandered in and wanted to have a discussion about the nuances of one vintage of Grange against another, they were going to have stand there and talk to a bloke who looked like he was working on a building site … Continue reading “Managing on luck is not managing safety”

Reliance on PPE impedes safety progress

There is an increasing call for the mandatory wearing of high-visibility clothing for motorcycle riders around the world. The reason is to make motorcyclist more visible to car drivers and other road users. This sounds logical and sensible and is, in some way, based on the prominence of high-visibility clothing in the industrial sectors of manufacturing, construction and others. But is this a matter of policy based on evidence or a broad application of logic or a “common sense”?

As the requirement for high visibility clothing has been in workplaces longer than on motorcyclists it is worth looking for evidence of the effectiveness of high visibility clothing in workplaces. A brief survey of some of the research literature has been unsuccessful in locating much research into this issue. (We always welcome input from readers on this). Wikipedia traces high-visibility clothing back to Scottish railways in the early 1960s, where

“Train drivers operating in these areas were asked their opinion as to the effectiveness of the jackets.”

It would seem the choice of high visibility clothing has stemmed from assessing a workplace, determining the dominant colour of that workplace or environment and then examining the colour wheel (above) to choose a colour of the greatest contrast, thereby providing a high visibility. Continue reading “Reliance on PPE impedes safety progress”

A shaky start leads to a terrific book on incident investigation by Michael Tooma

There is one word that should not be used as an adjective in relation to workplace fatalities – impacted. Workers fall from roofs and the concrete floor has an impact on them. Workers hit by mobile plant or crushed in machines die from the impact. An impact results from the transfer of energy and this transfer of energy in workplaces can kill.

“Impacted” is used by those who do not feel comfortable differentiating between “affect” and “effect” and it is surprising to find the term used in the opening chapter of Michael Tooma’s latest book, Due Diligence: Incident Notification, Management and Investigation.

“Unless you have been involved in a serious incident, you don’t really appreciate how an incident will affect you. For every worker killed at work, there is a grieving mother, father, spouse and/or child. Their co-workers are impacted. Their friends are impacted. Management, guilt-ridden as they are in the aftermath of an incident, sometimes for good reason, sometimes not, are also personally and emotionally impacted. The tragedy touches everyone. In the midst of it all, a group of people are tasked with managing through the chaos and trying to get answers for all those impacted by the tragedy. This book is for them.”

The sentiment is correct and true but read the paragraph aloud and it sounds absurd. And why the overuse of “impacted” when a perfectly suitable word, “affect”, was used in the first sentence?

And this clumsy opening does the book a disservice. Tooma has repeatedly stated that this is a safety book written by a lawyer and not a legal book written about safety. This is a major change from a major Australian OHS publisher. It is a recognition that the readership is not lawyers feeding on lawyers but people wanting to understand workplace safety. Continue reading “A shaky start leads to a terrific book on incident investigation by Michael Tooma”

Category: hazards

More safety indemnities offered but with similar limitations

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Momentum increases for tangible action on workplace bullying

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Strengthening safety decision-making

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Law reform does not prevent harm, only compensates for it

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Managing on luck is not managing safety

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Reliance on PPE impedes safety progress

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A shaky start leads to a terrific book on incident investigation by Michael Tooma

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