Lessons for everyone in the legal action against France Telecom executives over suicides

In 2009-10, SafetyAtWorkBlog followed the unfolding and tragic story of the spate of suicides at France Telecome that were directly related to the change of work practices and organisational policies instigated after privatisation.  SafetyAtWorkBlog stated that the suicides could be considered to be a case study of poor personnel management and, in more recent parlance, a failure of safety leadership.  This month French authorities have begun investigating France Telecom executives.

According to an AFP report in early July 2012:

“Louis-Pierre Wenes was placed under investigation on Thursday, a day after former France Telecom chief Didier Lombard, for workplace harassment, his lawyer Frederique Beaulieu said.”

At the time of the suicides Wenes was Deputy CEO and Lombard was CEO.

Interestingly and curiously, workplace bullying is not a term used in the France Telecome situation, although it may have met the criteria that Australia applies. Continue reading “Lessons for everyone in the legal action against France Telecom executives over suicides”

OHS Honour missed but well-deserved

Following the SafetyAtWorkBlog article about the 2012 Queen’s Birthday Honours, a reader has brought a well-deserved OHS recipient to our attention that we, and many others, missed.

Ian Ewart received the medal of the Order of Australia (OAM) for his services to his local community in Traralgon however I knew Ian through his involvement with the Gippsland OHS Network, a safety group in a regional part of Victoria renown for its electricity generation.  His creation of that network was an important part of his nomination.

Very little more information has appeared in the official Honours websites and notifications but a colleague of Ian’s has provided the extract from his nomination:

“Ian’s employment in the safety industry began in 1979 when he was appointed as a training officer by the National Safety Council of Australia. Various safety roles followed until his retirement from full-time employment in June 2009. Not content to retire, Ian then established an OH&S consultancy business to continue to service those who wished to retain his expertise. Continue reading “OHS Honour missed but well-deserved”

Through Wilful Blindness I begin to see

Put your hand over your ears and start saying La La La La La La La.  That is willful blindness (or, technically,deafness, but let’s not quibble).

Margaret Heffernan, author of a new paperback edition of  “Wilful Blindness  – Why we ignore the obvious at our peril“, discovered wilful blindness while researching the trial of the Enron executives.  Heffernan says that

“Judge [Simeon] Lake was applying the legal principle of wilful blindness: you are responsible if you could have known, and should have known, something which instead you strove not to see.” (page 1)

Heffernan’s book is not simply a new book on business management. Heffernan acknowledges that wilful blindness is not limited to a workplace, person or management theory.  She also says wilful blindness is not always a negative.  It is this breadth of approach to the topic that increases the worthiness of her book. Continue reading “Through Wilful Blindness I begin to see”

Where can I get my own Cynthia Carroll?

The June 2012 edition of the Harvard Business Review includes a fascinating article (extract online ) on safety by the controversial CEO of Anglo American, Cynthia Carroll.  The whole article is well worth reading but there was one element that I found particularly interesting, Carroll’s mention of zero harm.

Carroll visited operations in South Africa where Anglo American employed 86,000 people from various cultural background s and literacy. She writes:

“When I visited the operations, my conversations with local managers were frustrating. Safety was improving, they assured me, but it would never be perfect. My goal of zero harm was simply not achievable. The head of our platinum operations at the time insisted repeatedly, “Cynthia, you just have to understand…” As I talked to people and examined the facilities, I wondered how much authority someone who is underground for hours on end, with a shift supervisor right behind him, really has. I questioned whether a line worker had the power to put up his hand and say, “I’m not going to do this, because it is unsafe.””

Following a fatality on the day of her visit and in conjunction with the safety concerns she had, Carroll closed the Rustenburg platinum mine for a structural safety makeover. Continue reading “Where can I get my own Cynthia Carroll?”

Motivation needed from Prime Minister on OHS laws

In July 2010, Prime Minister Julia Gillard mentioned OHS harmonisation in an election debate.  She said that OHS harmonisation was one of her achievements but less than two years later, at the Australian Council of Trade Union (ACTU) Congress, there is no mention of harmonisation in her speech.  The only mention of safety was in terms of truck drivers:

“And we’ve moved to protect the rights of cleaners.  We’ve moved to improve the laws for outworkers. We’ve moved so that a truck-driving cabin being a workplace […] can be a safer workplace, so that truck driver gets back home that evening.”

The Prime Minister audience was trade unionists and perhaps they need motivation and support and acknowledgement for their efforts in difficult economic and political times but there is a big move from harmonising the OHS laws across a country to determining a truck cabin as a workplace (which it has been for decades in some States).

The 2012 ACTU Congress included industrial manslaughter on its agenda.  Its OHS and Rehabilitation policy stated:

“Congress  affirms  that  industrial  manslaughter  should  be  an  offence  under occupational health and safety legislation or other legislation as most appropriate. The elements of the offence should be:  A worker dies in the course of employment or  at a place of work or is injured or contracts a disease, injury or illness in the course of employment and later dies;  The  conduct  (by  way  of  act  or  omission)  of  a  person  caused  the  death,  injury  or illness; and  The person was reckless or negligent about causing serious harm or death to the worker.”

Industrial manslaughter seems a poisoned political concept but it remains a potential motivator in Australia even though it is a reality in the UK.  Without motivation from the Prime Minister, other issues will fill the void.

Kevin Jones

“Do some good” sounds more effective than achieving “zero harm”

The April 2012 edition of the UK magazine Training Journal makes a statement that is so simple, safety professionals should be kicking themselves.  The safety profession is trying to change the measurement of safety from lag indicators to lead, from negatives to positives, from failures to successes and yet we continue to talk about zero harm.  In Training Journal, Stuart Walkley states that

“…we face a new challenge, not just to ‘do no harm’ but to ‘do some good’ in the workplace, to create a healthy working environment that supports and contributes to our wellbeing.”

“Do some good”.  I would rather be a Do Some Good Manager than a Zero Harm Manager.  Focussing on the safety positive is what I do as a safety adviser but saying that my job is to “do some good” makes me feel better about my job than if I was minimising the negative, which is what the zero harm descriptor does.

Also, “do some good” sits well with the new approach that safety professionals are supposed to have, having to blend the psychosocial hazards into our risk controls approach. Continue reading ““Do some good” sounds more effective than achieving “zero harm””

Safety leadership and culture require accountability

At the recent Safe Work Australia Awards, the Minister for Workplace Relations had a dig at “safety culture“, according to an article from the National Safety Council of Australia.   Bill Shorten said :

“It is not the systems or the fancy talk about culture that will save people’s lives.”

This has been interpreted by some as Shorten disparaging the advocates of safety culture.  I agree that safety culture can be used as a euphemism for “Act of God” and therefore take no preventative action but safety culture is not designed by Gods, it is designed and implemented by Chief Executive Officers and Boards of Directors, often under the rubric of “leadership”. Continue reading “Safety leadership and culture require accountability”

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