Dis-harmonisation over OHS laws

Victoria’s largest OHS conference and trade show has ended.   The shadow of the impending harmonisation of OHS laws hung over both events.  The OHS message throughout the conference was one of nothing to worry about. WorkSafe’s Ian Forsythe felt that Victoria was well-placed for minimal disruption as the OHS laws in that State had been thoroughly reviewed by Chris Maxwell QC in 2003.  Forsythe described the current OHS review as “Maxwell on steroids”, a good line for the conference audience but one that reflects the, often, smug approach of many Victorians to the harmonisation process, an approach not shared elsewhere as shown by a front-page article in The Australian on 9 April 2011.

The Business Council of Australia is concerned about the different interpretations of the laws by each of the states.  This has been a possibility from the very start of the reform process because the focus was always harmonisation, not uniformity. Continue reading “Dis-harmonisation over OHS laws”

Workplace safety challenges for the Coffice

What is a workplace?  In Australia, the easy answer is “wherever work takes place”.  This seems sensible and logical but think about it and the impact on businesses and community will be large.  The Sunday Age newspaper reports on one business that is setting down some ground rules for those who are running businesses from their cafe or, what the article describes as “coffices“. Continue reading “Workplace safety challenges for the Coffice”

Operational Risk Management – a timeless book, sadly

For several years now Mark Abkowitz’s book “Operational Risk Management” has been sitting on my “to-read” shelf.  Given my recent wish for a case study approach to leadership and given the Fukushima nuclear issues, the book caught my attention.

Books that analyse disasters are far superior to watching real-time disasters because the distress is minimised, the analysis can be dispassionate and time can provide a more detailed context.  (The quickness of production of some of the books about the BP/Gulf of Mexico suffered from the curse of topicality)  Books provide a distance that the constant exposure to “disaster porn” does not.

Operational Risk Management looks at many at many disasters from the last 30 years but the disasters are not only industrial and process disasters, although Chernobyl and Bhopal are covered. Continue reading “Operational Risk Management – a timeless book, sadly”

Managerial OHS walk-arounds and D&O liabilities

The latest edition of The National Research Centre for Occupational Health and Safety Regulation’s newsletter lists two new working papers, one from Andrew Hopkins and one from Neil Foster.  Both should be obligatory reading.

Hopkins discusses how to increase the value of the “management walk-arounds” an increasingly common key performance indicator for senior executives.  Hopkins, naturally, uses the Deep Water Horizon case as an illustration of the flaws in the process but walk-arounds should not only be for large projects.

Hopkins shows that the VIPs had an inadequate understanding of safety.  They identified the slips, trips and falls hazards rather than asking questions about the potential major hazards of the facility.  This is a common trap for managers and safety professionals, for those with suitable OHS skills, and one that needs to be actively countered.  Continue reading “Managerial OHS walk-arounds and D&O liabilities”

Rotting fish, safety leadership and wizards

In business, government and public authorities, CEOs and executives regularly resign during periods of controversy.  Within the 24 hours of each other in 2010 two prominent Australian executives resigned – Brian Waldron and Russell Rees.  Waldron because the rugby league team, Melbourne Storm, his previous CEO appointment, was found to have operated unethically during his time at the top.  Rees resigned because, he said it is the right time to leave, however there had been serious questions put in a Royal Commission about his handling of the events in Black Saturday bushfires when over 170 people died.

The dominant mantra in occupational safety management is that safety cannot be improved without leadership from the executives.  Australian safety conferences are laden with mentions of leadership.  Leaders have the potential to inspire, although some stay on for too long.

The leadership sellers in the corporate marketplace (some not dissimilar to wizards) are all pushing the positive benefits of leadership.  But there are good leaders and bad leaders.  There are inspirational leaders and there are selfish leaders.  There are those executives who lead in positive directions and there are those who lead organisations and others astray.  There are some people who are not suited to being leaders at all. Continue reading “Rotting fish, safety leadership and wizards”

Understanding people is understanding safety

SafetyAtWorkBlog reader Ken Malcolm submitted this comment in response to Yossi Berger’s article of 21 March 2011 but I think it warrants a post of its own:

It is often said two safety professionals never agree however I do agree SA law has been ineffective.  However let me explain why I think this way.

I am in Victoria, in the business of making sustainable changes in the workplace.  I am convinced that prescriptive legislation does not cut it when you want to improve safety, as Lord Robens recognised.  All you get are thicker law books and people less willing to read them.  In most businesses I consult to, they have a problem and the problem is quite simple.  They have excellent systems but nobody is implementing or enforcing them; or the employees are just not following them. In many cases they have an eager OHS Manager with perfect sets of graphs and records; he or she is busily tracking failure.  What they can’t do is drive a culture change.  BTW, safety culture is what you get when the boss isn’t there.

The requirement to find hazards and manage them according to the unique circumstances of the work environment and of the persons within it, does affect culture if this process is supported by senior execs and fostered or encouraged properly.  Laws that encourage that approach are desirable.  With regards to getting tough, fear motivation does not achieve lasting change and with a normalisation of deviance, greater risks are tolerated by degree until people are climbing on safety rails to clean equipment 6 metres from the ground.  Continue reading “Understanding people is understanding safety”

Authority in denial?

Polite or ignorant?

Coroners can be a polite lot, preferring what they would call ‘substance’ to emotion, accuracy to grand standing.  They also hope that their Findings make a difference and help to protect people against a range of lethal circumstances.  Ex-coroner Graeme Johnstone (Victoria) was an outstanding example in OHS.   So any comments in their Findings ought to be considered against this background.

However, the comments by the South Australian State Coroner Mark Frederick Johns in his Findings (9/2/2011) in the death of Daniel Nicholas Madeley who died (6/6/2004) as a result of an occupational incident are puzzling.  Either the man is being very polite or seriously ignorant of what really goes on in industry.  And it does matter because coroners carry a lot of authority.  Work by Johnstone, Olle and Tasmanian coroners (mining disasters) has been very helpful.

Poor guarding

To paraphrase: Daniel was 18 years old when he died of ‘horrific injuries sustained when he was caught in a horizontal boring machine’.  He became entangled in the machine Continue reading “Authority in denial?”

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