Some journeys should never be needed

Relatives of people who have died in workplaces regularly complain about the lack of communication from OHS regulators and other government and legal agencies who are charged with investigating an incident.  A recent example of this is Ann Maitland whose daughter, Michelle, died in a gymnastics class in 2009, but Ann Maitland took action and the safety level of gymnastics classes, and many other workplaces,  is likely to improve considerably as a result.

Prior to discussing the government’s report into gymnastics safety, it is worth acknowledging the arduous journey that Ann Maitland ( an occasional commenter on this blog) undertook.

In response to complaints by Ann Maitland, the Queensland Department of Justice and Attorney-General engaged conducted an independent review of the actions of Work Health and Safety Queensland (WHSQ)  in relation to Michelle Maitland’s death.  The review report found that

“A key deficiency highlighted by Mr Byrne was the inadequate communication with Ann Maitland. He further adds that “any similar situation in the future by the creation of the liaison officer position”. In this regard the Investigations Liaison Support Officer position was implemented in January 2011.”

There were several other recommendations from the review for WHSQ to tighten up enforcement procedures.  The fact that an independent review was conducted at all is a major win for Ann Maitland and other Queensland families.  The fact that such an independent review was required at all should be a matter of great concern. Continue reading “Some journeys should never be needed”

Small fine of $1250 but important safety lessons

An OHS fine of $A1250 hardly seems newsworthy but several important issues are illustrated by a prosecution in Western Australia on 10 November 2011, particularly, individual responsibility and accountability.

WorkSafe WA has released details of a prosecution against an individual worker over the fall of material from 15 metres towards fellow construction workers.  The media release (not yet available online) says that

“In July 2009, Mr Bell was employed by Perth Rigging Company Pty Ltd on a site at Naval Base where steel roof sections were being placed on concrete silos. He was in charge of arranging how the steel roof sections would be lifted into place.

The first roof section had been placed on one of the silos, and the second section (which was 18 meters long, six metres wide and weighed more than 10 tonnes) was to be lifted onto another of the silos.

Perth Rigging did not have available the necessary rigging equipment to lift this roof section, and the site supervisor offered to obtain this equipment. The offer was accepted, but Mr Bell did not stipulate what rigging equipment was required. Continue reading “Small fine of $1250 but important safety lessons”

Australia inactive on environmental tobacco smoke

Safe Work Australia has released a couple of packages of draft codes of practice in line with the Australian Government’s OHS harmonisation strategy but where is the code that addresses the established risk of environmental tobacco smoke (ETS) or second-hand smoke?  This is a question that was asked during the recent Safe Work Australia week by Smoke Free Australia, an alliance of employee and health groups.

Smoke Free’s media release stated that

“….thousands of Australians are working in areas contaminated by highly toxic, carcinogenic tobacco smoke – and Safe Work Australia has done nothing to prevent it”

Stafford Sanders, the coordinator for Smoke Free Australia, was struggling to understand why ETS had not been given prominence in the new draft codes of practice given that second-hand smoke is a known killer. Continue reading “Australia inactive on environmental tobacco smoke”

Workplaces are under-prepared for first aid incidents

The Australian Medical Association (AMA) has reported that

“Less than 10% of people are aware they need to cool burn wounds for 20 minutes in cool water as a first aid measure.”

Research* published in the AMA’s Medical Journal of Australia, in October 2011, found that

“Unprompted, 82% of (7320) respondents said they knew to cool the burn with cool or cold water but 41.5% said they didn’t know for how long cold running water should be applied.”

SafetyAtWorkBlog has followed the issue of first aid treatment for burns and the evidence for burn creams.

The application of the recommended treatment for burns continues to be a contentious issue in practice in Australian workplaces.  Part of the reason could be that first aid treatment in many workplaces is seen as little more than a “bandaid treatment” because this is the first aid treatment most seen and most received.  But this perception does not site well with the evidence for burn treatments.

The first aid (band aid) treatments in most workplace is quick and usually does not interrupt work.  To properly treat a burn, a worker must stop work for twenty minutes.  Most workplaces where burns are likely to occur, for instance, construction sites, manufacturing, food preparation, are unlikely to welcome a stoppage of one worker for twenty minutes.  Can one imagine a burger flipper at a fast food restaurant standing with a hand under a running tap for twenty minutes?  It would be unlikely that this absence could be covered. Continue reading “Workplaces are under-prepared for first aid incidents”

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT).  The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers.  The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

Bullying Code of Practice illustrates the huge challenges of OHS in Australia

Australia has released a draft Code of Practice on “preventing and responding to workplace bullying“.  As it is the latest publication on this issue by an OHS authority, it deserves some analysis.

The draft code has applied the established definition of workplace bullying as:

“repeated, unreasonable behaviour directed towards a worker or a group of workers, that creates a risk to health and safety.”

It covers direct and indirect bullying and includes the new communications technologies through which stalking and cyberbullying can occur.

Unintentional bullying

Curiously the draft Code also includes “unintentional bullying”:

“Bullying can also be unintentional, where actions which, although not intended to humiliate, offend, intimidate or distress, cause and should reasonably have been expected to cause that effect.  Sometimes people do not realise that their behaviour can be harmful to others.  In some situations, behaviours may unintentionally cause distress and be perceived as bullying.”

This section has generated some discussion already.  Professional colleagues today explained to me how inappropriate acts may be construed by the recipient as bullying even through the proponent does not see the actions as such.  The quote above importantly emphasises the role of perception, a concept that is not traditionally associated with OHS, where facts, figures and engineering solutions are more comfortable.  Perceived bullying, injustices and abuse have been more often dealt with through human resources networks.  It is difficult to see any way of investigating workplace bullying without substantial support from an HR professional.  It is similarly difficult to see any way of preventing bullying without access to this resource. Continue reading “Bullying Code of Practice illustrates the huge challenges of OHS in Australia”

Working Alone gets regulatory boost

Over many years OHS regulators in Australia have produced guidance notes and Codes of Practice to assist businesses in addressing the hazard of workers working alone.  The new model Work Heath and Safety (WHS)  Regulations due to be released with several Codes on 26 September 2011 brings the serious hazard of working alone to the front of business’ workplace safety considerations with a specific regulation on control the hazards of “remote or isolated work”.  The inclusion of this hazard overtly in these regulations will mean that addressing the hazard of working alone becomes a legal requirement.

Division 6 of the model WHS Regulations defines “remote or isolated work” as being:

“…in relation to a workers, means work that is isolated from the assistance of other persons because of location, time or nature of work.”

It is worth considering some of the occupations this might apply to:

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