law – Page 188 – SafetyAtWorkBlog

Quad bike fatalities cost an average of at least $2.3 million

Australian research has provided an important additional element to discussions on the safety of using quad bikes as work vehicles on Australian farms. According to a media release to be published on 3 April 2013 from the Australian Centre for Agricultural Health and Safety (ACAHS):

“Two new papers released today in the Australian and New Zealand Journal of Public Health ….indicate that the costs for fatal [quad bike] incidents between 2001-2010 were $288 million.” [links added, articles only available for purchase or by subscription]

Dr Tony Lower, ACAHS Director, says that

“This conservative estimate draws on deaths data from the National Coroners Information System and includes projected losses in future earnings, impacts on household contributions, insurance payments, investigation and hospital costs…. The average cost was $A2.3 million, with the highest average being in those aged 25-34 years at $A4.2 million”.

This estimation is shocking but refreshing. Shocking in that the cost is so high but refreshing because the data is not based, as so much OHS data is, only on workers compensation claims data Continue reading

An OHS look at the Australian Labor Party’s National Platform

The leadership squabbles in the Australian Labor Party (ALP) have diminished for the moment, and the next Federal election is set for September 2013. Most everyone is tipping the ALP to lose the election. The verb “lose” is specifically chosen, for the opposition Liberal/National coalition will probably win “by default”. Whatever the electoral outcomes, the major political parties in Australia have current positions and policies on workplace safety. Six months out from an election, it may be worth looking at those policies, as they currently stand. The first is that of the ALP.

The ALP has an extensive National Platform that was presented at its National Conference in 2012. Below are some of the statements from that document as they pertain to occupational health and safety (OHS). Some commentary is offered on these statements.

“The Labor Government places the highest priority on worker safety, particularly miner worker safety.” (page 42) Continue reading “An OHS look at the Australian Labor Party’s National Platform”

Latest review into workers compensation provides OHS clues

The Australian Government has released its report into a review of its national workers’ compensation scheme, Comcare, and the Safety, Rehabilitation and Compensation (SRC) Act. Some of the media (and politicians), as it often does, has focused on the seemingly absurd compensation claims. Few cases have gained the same degree of national and international attention as the sex case for instance, and although most workers’ compensation reports focus on post-incident treatments, there is a glimmer of hope on occupational health and safety (OHS) in this latest review.

The report, the latest undertaken by Peter Hanks QC, states that one of the guiding principles of the SRC Act should be an acknowledgement that

“The benefit and premium structure should promote incident prevention and reduce risk of loss.” (page 25)

This would be a wonderful benchmark to apply but is likely to be overshadowed by the compensation and rehabilitation issues of the review, unless OHS professionals and practitioners continue to remind regulators that prevention is better than cure.

Peter Hanks admits in a 2012 video interview on his review that injury prevention is not part of the terms of reference but there are elements of his report that require serious consideration by OHS professionals in consultation with their Human Resources (HR) colleagues. Continue reading “Latest review into workers compensation provides OHS clues”

CSB pushes for a more effective discussion on fatigue management

Occupational health and safety has many examples of addressing small or short-term issues rather than facing the difficult and hard, but more sustainable, control measures. I was reminded of this by a recent media statement from the United States Chemical Safety Board (CSB) in relation to fatigue management.

In 2007 the CSB recommended that, following the Texas City refinery fire,

“the American Petroleum Institute (API) and the United Steelworkers International Union (USW) jointly lead the development of an ANSI consensus standard with guidelines for fatigue prevention in the refinery and petrochemical industries.” [links added]

The progress of API and USW in developing the 2010 ANSI-approved Recommended Practice 755 (RP 755) has been reviewed by the CSB staff and they have found the following disturbing problems:

“The document was not the result of an effective consensus process, and therefore does not constitute a tool that multiple stakeholders in the industry can “own.” It was not balanced in terms of stakeholder interests and perspectives, and did not sufficiently incorporate or take into account the input of experts from other industry sectors that have addressed fatigue risks. Continue reading “CSB pushes for a more effective discussion on fatigue management”

First aid marketing exercise requires analysis

It is common to use a self-commissioned survey to market one’s services but sometimes the evidence does not support some of the marketing statements. The latest survey by St John Ambulance is a good example of this.

According to St John Ambulance’s media release on 13 March 2013:

“Only 13 per cent of Australian workplaces know how to keep their employees safe according to new research released … by … St John Ambulance Australia.”

This is reworded in the report (page 2) as

“…only 13% of Australian businesses are compliant with the new [First Aid in the Workplace Code of Practice]’s requirements…”

The survey sample does not support the generalisations above. Continue reading “First aid marketing exercise requires analysis”

Where are the Codes for establishing a safety culture?

Recently a safety professional told me he was investigating an incident on a work site and asked his first question “What do you think caused the incident?” The response was “safety culture”. Of course the next question will always be “what do you mean by safety culture?” and in most cases at this point the investigation will stall.

All workplaces have a safety culture, it is just that most are dysfunctional or immature. In many workplaces, incident causes are handballed to this poorly understood concept of which most take as the latest iteration of “an act of God” or an SEP – “someone else’s problem”.

Safety regulators need to break the use of safety culture as an excuse by developing codes of practice on how to introduce and build an effective safety culture in Australian workplaces.

Continue reading “Where are the Codes for establishing a safety culture?”

Need to focus on safety first and compliance later

Several years ago, a WorkSafe Victorian executive saw “reasonably practicable” as a major legal advantage in safety regulation. It is of legal benefit, but does it make workplaces safer? Does it make it easier to manage workplace safety? In this time of economic austerity and the pursuit of red tape reductions, can the “reasonably practicable” elements of Australia safety law be an impediment to safety management?

Employers have always seen legislative compliance as the equivalent of being safe. This position seems sensible because if the safety police of the OHS regulator leave you alone after a site visit and say you are compliant, your workplace must be safe. The safety experts have visited and found nothing wrong, it is logical to then assume safety.

Here’s a radical thought – compliance ≠ safety. Never has and never will.

This will be a shock for many businesses, and even a shock for many OHS regulators, because so much workplace safety strategy is based a flawed logic that “if I comply with workplace safety laws, I am safe”. Regardless of OHS laws, there is a moral social duty to look after the safety and welfare of one’s workers and oneself. When values become codified in law, the law becomes the value, and the moral duty becomes historical.

Continue reading “Need to focus on safety first and compliance later”

Category: law

Quad bike fatalities cost an average of at least $2.3 million

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An OHS look at the Australian Labor Party’s National Platform

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Latest review into workers compensation provides OHS clues

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CSB pushes for a more effective discussion on fatigue management

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First aid marketing exercise requires analysis

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Where are the Codes for establishing a safety culture?

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Need to focus on safety first and compliance later

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