Lawyer speaks on nanotechnology risks

A leading Australian OHS lawyer, Michael Tooma, spoke to ABC Radio on 16 April 2009.

Tooma spoke about the potential risks employers face by dealing with a substance whose hazard rating is unclear. HE says

“Employers at the moment may be unaware of the extent of the potential liability sometime down the track. …We could be facing another epidemic in our industrial history of people, large groups of people, displaying latent symptoms from current exposures that are taking place at the moment. “

The unions have repeatedly made the comparison with asbestos hazards but as  Dr Craig Cormick of the Australian Office of Nanotechnology says, in the same interview, that in the early usage of asbestos evidence of potential harm was available but not shared.

An April 2007 legal update from Tooma on the issue is available

How Workers’ Memorial Day should be treated

For the first time in many years, I will not be able to attend the local service for the Workers’ Memorial Day on 28 April 2009.  I will be attending the Safe Work Australia Awards in Canberra which, coincidentally, is on the same day.  I hope that the award ceremony includes a minute’s silence to remember those who have died at work.

Recently the San Francisco Labor Council passed a resolution in support of Workers’ Memorial Day.  It provided several good reasons why trade unionists and, I would say, OHS professionals, should support this day.  Below is part of the resolution

wmd-sf-0000000lyerWhereas, April 28, 2009 is an international day of commemoration for injured workers and workers killed on the job; and

Whereas, the elimination of all doctors at Ca-OSHA has threatened the health and safety protection of California’s 17 million workers; and

Whereas, the introduction of new technology such as biotech and nanotechnology without proper oversight can and has become a threat to workers and our communities; and

Whereas, the deregulation of workers compensation has harmed injured workers and their families in California and throughout the country; and

Whereas, many of these workers have been forced onto SSI, Disability Insurance and other state and local agencies to cover their healthcare costs which is cost-shifting; and

Whereas, senior workers in many industries have been forced into retirement due to their disabilities on the job and discrimination against them due to their disabilities and age including at the US Post Office and other industries; and

Whereas, all working people and their families whether working or injured are entitled to full healthcare,

Therefore be it resolved the San Francisco Labor Council endorses and supports a Workers Memorial Day event on April 28, 2009 in San Francisco at ILWU Local 34 and encourages it’s affiliates to publicize and participate in this California Coalition for Workers Memorial Day (CCWMD) 

It is a lesson for other unions and organisations that such a day does not deal with localised industrial relations disputes and can be a platform for improvement in the quality of life of workers by calling for 

  • increased enforcement and policy resources;
  • caution over emerging hazards;
  • reassessment of deregulation;
  • insurance and healthcare improvements; and
  • appealing early retirements due to illness and injury.

I urge OHS professionals to seek out your local commemorations and participate.  The more people attend, the more government will realise the seriousness of the issue.  More importantly, the services remind us why we entered this profession in the first place and, just maybe, how we have made a difference.

Kevin Jones

Cost of occupational injuries and illnesses rise

According to a report in the Australian Financial Review (page 5, not available online) on 14 April 2009, the costs of work-related injury and disease has increased to $A57.5 billion.  This represents 5.9% of the country’s gross domestic product, up from 5% in 2000-01.

Of perhaps more concern is the sectors of society which are estiimated to bear these increasing costs.  49% of costs are borne by workers, 47% by the community and 3% by the employers.  Even if the insurance costs were allocated to employers, this would only amount to 18% of the injury and diseases costs.

The figures from the report conducted by the Australian Safety & Compensation Council could justify the push by some in the OHS profession to move workplace safety into the area of public health.  Regardless, the spread of the cost should be borne in mind when OHS organisations lobby government for more support and attention.

Kevin Jones

Global pressures on Australian workers compensation schemes

Around 18 months ago the Victoria Government launched WorkHealth, a health prevention program that would be funded from the interest generated from the pool of workers compensation funds.  SafetyAtWorkBlog has previously questioned how the program will be funded when its income source is likely to have been severely reduced due to the global economic problems.

On 1 April 2009 WorkCover in South Australia reported a half-year net loss of $313 million. WorkCover CEO Julia Davison said in a media release that

“the global crisis is, as expected, taking its toll.  In the last six months stock markets have declined, investors have experienced significant losses, and interest rates have fallen significantly,” she said  “Like all investors, WorkCover has been hit hard by the global financial downturn.”

Earlier in March 2009, the Chair of the WorkSafe Board Elana Rubin said 

“the significant downturn on the world financial markets and reduction in interest rates had combined to drive a net loss of $1.42 billion for the half year.  Whilst interest rate reductions are good news for those of us with mortgages, they have the opposite effect on our scheme – in the half year to 31 December 2008, the unprecedented level of interest rate cuts negatively impacted our net result by $645 million.”

On 1 April 2009 SafetyAtWorkBlog asked John Merritt why WorkHealth was not mentioned as part of his keynote presentation at the Safety In Action Conference.  He reiterated the importance of the program in easing the recovery time, particularly, for manual handling injuries but acknowledged that the program’s funding source was based on interest

“from the [$600 million of the assets of the] workers compensation scheme over the next five years ….well there used to be interest from assets – there should be one day, there will be again –  around $40 million each year for the next five years will be invested in worker health.”

It is good to hear that the WorkHealth program is going to continue but the fragility of the program’s funding should have been evident in the planning phase.  Governments around the world are pulling back on government funded programs in a wide range of areas.  Ideas that seem good in the good times are now looking like luxuries.  It will be interesting to see if WorkHealth continues in the WorkCover area or moves to Health, where many of its critics have always said it belongs.

Kevin Jones

Mental Illness and Workplace Safety

Reports in the Australian media this week indicated that “nearly half the population has a common mental health problem at some point during their lives”.  Safety professionals and HR practitioners should take note of these statistics and hope that it does not manifest in their shift, even though it is likely.

The difficulty with trying to manage or anticipate mental health issues is that they seem to have evolved over time and multiplied.  There is the common phrase of “trying to herd cats” and it seems that mental health issues are the cats.  One could apply lateral thinking and propose the solution is to get a dog but will the dog herd a cat that doesn’t look like a cat, smell like a cat, or worst scenario of all, a cat that resembles a dog!

Because of the fluctuating psychiatric states of everyone everyday how does one recognise when a mood swing becomes a mental health issue.  Does one take everything as a mental health issue and waste time on frivolous matters?  Or is there no such thing as a frivolous matter?

In the one article there are these confusing and inconsistent terms for mental health:

  • “common mental health problem”
  • “mental condition”
  • “non psychotic psychiatric problems”
  • “mood disorder”
  • “anxiety disorder”
  • “mental health disorder”
  • “substance abuse or dependency”
  • “mental disorder”
  • “mental illness”
  • “psychiatric condition”

In this report it is unlikely that the synonyms have been generated by the journalist as the data quoted is from the Australian Bureau of Statistics, but it indicates the confusion that safety professionals can feel when they need to accommodate more recent workplace hazards – the psychosocial hazards.

The list above does not include the “established” hazards of bullying, occupational violence or stress.  The fact that there may be a clear differentiation between mental health symptoms and mental disorders but that needs to be clearly communicated to those who manage workplaces so that control resources can be allocated where best needed.

The article referred to above provides interesting statistics and there are gems of useful information in the ABS report but the article provides me with no clues about how to begin a coordinated program to address the mental health issues in the workplace.  It is an article without hope, without clues, without pathways on which the professional can act.

There is no doubt the psychosocial hazards at work are real but the advocates of intervention need to clarify the message.

Kevin Jones

(This blog posting does not discuss the recent changes to compensation for defence personnel and soldiers for mental health from combat, but mental health in that “industry” is a fascinating comparison to what occurs in the private sector.)

OHS and Corporate Responsibility in Asia

In 2000, Melody Kemp was interviewed for Safety At Work magazine about her experience monitoring Western corporations’ workplace safety in Asia. Below is an extract of that interview.

In 2000, Melody Kemp was interviewed for Safety At Work magazine about her experience monitoring Western corporations’ workplace safety in Asia.  Below is an extract of that interview.

The full interview is available by clicking the HERE.pages-from-2i5-melody-kemp-interview

Recently you were part of an international OHS inspection team in Indonesia. Can you tell us about that?

I guess the reason I became part of the team was that I was known to the social research group that we were working with.  First, Reebok, who we were working for, put the job out for tender, which was actually quite unusual.  Normally the other shoe companies tend to elect an international consulting accounting firm like Price Waterhouse or Ernst Young.  

The woman who took over the human rights job used to work for the Asian Foundation and she had a totally different set of beliefs.  She had a background in social activism and human rights, so she was interested in a different approach.  Being as independent as they could be they decided to take this opportunity. They subcontracted to a prominent social research group who have worked for World Bank and have a lot of status.

Also, they were all Indonesians while I was the only foreigner on the team but I also speak Indonesian.  A major factor was that we were all familiar with the language and culture.  They needed an OHS person, they preferred to work with a woman, and I was the only woman they could find in Indonesia with that mix of skills. 

Nanotechnology safety campaign (with Interview)

On 18 March 2009, Steve Mullins the OHS Officer with the Australian Council of Trade Unions presented a paper on nanotechnology hazards to the “Science Meets Parliament” forum.  His concerns over worker safety are not shared by the nanotechnology industry as media reports show but, as Steve points out, nanotechnology hazards have some interesting parallels with asbestos.

Below are the concerns that Steve has over the nanotechnology manufacturing industry in Australia:  

  • No regulatory acceptance that nanomaterials are more hazardous
  • No nano specific risk assessment or controls mandated
  • No nano specific monitoring equipment 
  • No nano specific MSDS
  • No exposure levels
  • No labels
  • No requirement to inform
  • No health surveillance
  • No training
  • No nano specific PPE
  • Where nano specific risk management applied or promoted, end up trying to apply controls designed for larger material anyway
  • There is no coordinated approach

An exclusive interview with Steve is available by clicking HERE.

Amanda Barnard

In 2008 Australian theoretical physicist Amanda Barnard was awarded the L’Oréal Australia For Women in Science Fellowship.  Barnard is developing computational tools to predict the behaviour of nanoparticles in the environment.

An video report about Amanda Branard  is below.

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