Australian unions are being distracted from OHS

The Australian Council of Trade Unions (ACTU) has illustrated several matters in a recent media release – the safety of migrant labourers and the unacceptable rate of fatalities in the Australian Construction industry.  Sadly these issues were mentioned in a media release protesting about the continuation of the Australian Building and Construction Commission (ABCC).

The media release was published on the eve of a new head of the ABCC and clearly wanted to piggy-back on media attention of the appointment.  The new head has been announced to be a lawyer, Leigh Johns, who has a political pedigree that should make him more palatable to the union movement.  (Johns is the author of several published legal articles including one in 1998 on “the obligation of mutual trust and confidence” and a 2002 article on “Bribery and Networking“) His appointment could be interpreted as part of the Labour Government’s plan to gently ease the ABCC into an inspectorate that is integrated within the government structure.  The trade union ideology seems to require a continued animosity to this strategy, particularly as there is no resolution yet on ABCC action against Ark Tribe. Continue reading “Australian unions are being distracted from OHS”

The fatal consequences of riding in the tray of a pick-up or ute

In 2007, Pedro Balading fell off the back of a utility vehicle while working in remote outback Australia and died.  On 16 March 2010, the owner of the Wollogorang cattle station, Panoy P/L, was fined $A60,000 over the death.

According to one media report:

“Pedro Balading, a 35-year-old father of three, was a Manila piggeries supervisor who arrived at Wollogorang Station in early 2007 and found himself isolated, underpaid and performing menial jobs. He asked to go home but was told by his employer, Panoy Pty Ltd, and the labour hire firm that brought him from the Philippines to complete his two-year contract.”

Work Health Authority‘s executive director, Laurene Hull said in a media statement:

“The danger associated with travelling in the back of a moving utility, where the risk of falling from the moving vehicle can result in death or serious injury is common knowledge,” Ms Hull said.  “Panoy Pty Ltd failed to take appropriate steps to ensure the hazard posed by travelling in the back of utilities was known to the workers and the risks appropriately managed.” Continue reading “The fatal consequences of riding in the tray of a pick-up or ute”

Migrant workers’ deaths on Christmas Eve

According to the Toronto Police, four workers died on December 24 2009 when the swing stage they were working on collapsed.  A fifth man, Dilshod Marupov, is in hospital.

Media reports have identified the five workers as migrant workers and although the swing stage was at the thirteenth floor of an apartment complex, no-one was wearing safety harnesses. Continue reading “Migrant workers’ deaths on Christmas Eve”

Coordinated raid on illegal workers in Australia

Illegal migrant workers are not a big problem in Australia.  Those who are caught are usually working outside of the allowances of their tourist or student visas.  Being an island nation and the bottom of the world, Australia does not have border protection issues to the extent of the United States or Europe.

That’s an odd way to begin an article, particularly one of occupational health and safety but there is a relevance.

The issue of migrant workers came up following a media statement from the Department of Immigration and Citizenship on 14 December 2009.

“…..10 people [working]on a farm at Carcuma, near Coonalpyn in the South Australian Mallee region [were detained]….

[the group contained] eight Thai and two Lao nationals who are now expected to be removed from Australia. …

Six of those located were unlawful non-citizens, two were student visa holders and two held tourist visas. …..

All are suspected of working illegally on the farm and investigations will now be conducted into their employment.” Continue reading “Coordinated raid on illegal workers in Australia”

Freshening an OHS career

OHS professionals, as with any profession, can easily become out-of-touch with what their profession is all about.  This is to improve the safety of people through a professional and competent approach.

Some professionals lose touch because they may be dealing with corporate OHS policies all day,  they may never get away from head office and the endless round of meetings, they don’t get to go to events outside their own professional network or they are simply comfortable with  the “academic” role and not miss getting their hands dirty on the shop floor.

In each of these scenarios the OHS professional is doing themselves, and their profession, no favours.  Their career may progress but their thinking does not.  Some OHS professional associations are at the same plateau.

There are some small things one can do if one wants to break the cycle and obtain a better quality of work.

  • Test the validity of the corporate polices by arranging for an internal audit by someone else and participate as an observer.
  • Take one’s skills out of head office and offer to mentor some of your contractor’s OHS people.
  • Establish a pro-bono service for the smaller businesses nearby.
  • If one’s company is in an industrial estate, start-up an Estate OHS group where business owners can meet to share or create solutions.
  • Offer one’s OHS services to a not-for-profit organization, if your company offers “volunteer” leave.
  • Offer to assist students at all levels with their OHS assignments.
  • Take a sabbatical to majority world sectors, such as Asia, and offer one’s OHS skills to OHS and labour advocates in that region.*

The biggest threat to one’s safety skills is stagnation.  If one’s professional safety organisation does not have the programs available to freshen up your skills and approach, go outside the safety field.  It is surprising how one’s skills in one area can be applied in others, such a public health, environmental safety, transport or maritime safety.

Kevin Jones

* A particularly useful organisation that is worth contacting is ANROAV – the Asian Network for the Rights of Occupational Accident Victims

A colleague in Asia recently told SafetyAtWorkBlog that ANROAV is in need of variety of educational materials.  Many of these are basic tools such as jigsaws that can be used to identify hazards or safe work options.

$A10,000 would be a great help in establishing a basic education fund which could access a suite of OHS comics and short films that can be used for education on fire risk, cancer, mine safety, electronics, solvents etc..

Lack of restraint – Australian approach, Singapore deaths

sa0200906[1]_Page_1The Northern Territory OHS  authority issued a guidance this week about unrestrained travel in work vehicles, a practice many of us stopped some time ago.  Obviously not everyone has.

The NT guidance is a curious document as it strongly advocates that employers assess the hazards of unrestrained travel and decide the appropriate control measures.  This advice is in line with legislative requirements and safety management protocols but clearly the authority has much clearer advice.  The document is headed 

“No seat – No belt – No ride”

The assessment has been done and the heading gives the best advice.  In OHS profession speak – if there is no seat for a passenger and/or no seat belt then NT OHS says allowing someone to travel on or in the vehicle is not acceptable.

Australia can often be glib about workplace incidents as it always looks past its region for comparisons from the US or Europe rather than looking at its immediate neighbourhood.  

Singapore’s Strait-Times reported in May 2009 about the real consequences of unrestrained travel after

“…three foreign workers sitting in the back of a lorry died after it crashed into the back of a trailer. A fourth man in the front seat also died.”

The article goes on to list the law changes that Singapore has introduced but, more interestingly, tells how much more complicated the issue is than in Australia due to the level of foreign labour.

Kevin Jones

Migrant worker safety

Recently one of the Australian boutique labour law firms ran a seminar on employment issues related to migrant workers.  Australia has a history of using workers from the Pacific Islands, principally, in agriculture.  Chinese have been working in Australia since the goldfields of the 1800s.  New Zealanders are so frequent that the countries almost share an economy in some ways.  Some labour is imported, other labour is invited or sought.

The global economic problems has exacerbated the difficulties many countries face with legal and illegal migrant workers.  Australia is not immune.  There may be less and less water in the country, certainly in the south, but it is still considered a land of opportunity by neighbours.

Workplace safety issues are perhaps the easiest to deal with in this labour sector as the employment status is not relevant to the obligation to provide a safe and healthy work environment.

pages-from-communicatingThe safety training, instruction and supervision matters are similarly unaffected by employment status.  However it has always been a difficult part of an OHS manager and HR manager’s job to make sure that workers understand their obligations and duties.  In Victoria, one of the first OHS Codes of Practice in the 1980s concerned providing OHS information in languages other than English.  It was probably the most ignored Code of Practice of all.

Recently, WorkSafe Victoria has issued Compliance Codes.  Following the recommendations and techniques in these codes implies compliance and can be wonderful for the small business sector.  One of the new codes is on communicating in languages other than English This is a great start but there needs a much greater effort, almost a movement, for Australia to avoid the problems facing countries like England.

In late-March 2009, the UK law firm Irwin Mitchell reported the following statistics

The report [by the Centre for Corporate Accountability], which makes the figures public for the first time and was compiled following Freedom of Information requests to the Health and Safety Executive, shows that a dozen migrant workers died in the construction industry in the year 2007/08 – at least double the figure expected and a six-fold increase in the number who died just five years earlier.

The 12 deaths comprised 17% of the total number of fatalities in the sector last year – more than double the HSE’s estimate of migrants making up around 8% of the total construction sector workforce.

Migrant deaths in other sectors is also on the increase, with the number of fatalities of non-UK workers up from nine in 2005/6 to 18 in 2007/8 and the proportion also doubling from 4.1% to 7.9% in the same period, against figures showing that 5.4% of the total workforce comprises migrants.

No official information is currently available on the level of injuries to migrant workers, as the HSE does not record nationality in injury cases, though estimates put the figure as high as 11% – again, double the expected level.

Many workplaces have already dealt with safety issues with migrant labour. Crews in rail maintenance, for instance, are often on ethical lines so that colleagues educate each other.  Often workplaces call on an established worker from a specific ethnic area to take the lead in supervising others and passing on OHS information.  These adhoc processes still need to be verified as effective but have worked in many workplaces for decades.

A recent rumour posted to the Australian website Crikey.com illustrates the type of attitude to migrant workers and the mixing of concerns about safety and industrial issues.

A Chinese owned mining project is advertising for a Bilingual (English Mandarin) Registered Nurse on their website [since removed].  The role is stated to be designed for liaison with Chinese workers and is required to have industrial safety knowledge, reporting directly to a company director?  How many Chinese workers is this project bringing into Australia given the recent restrictions on 457s [migrant work visas], what about the requirement for foreign workers to have some competency in English, anecdotal evidence that building and construction labour rates are already decreasing and how would the unions view this approach to health and safety of foreign workers?

One OHS expert at the law firm’s seminar accepted that the language requirements were woefully inadequate and not suited for the workplace situation.  It would be refreshing to see an OHS professional association begin lobbying the government on improving the language criteria for visa eligibility.  

The unions would be equally concerned about the safety of any workers onsite, hopefully regardless of the workers’ union membership status. 

Australia is in a lucky situation where many workplaces could continue to operate without migrant labour but the world and its economy is changing, and Australia will be dragged into the real world of the modern international workforce.  It is lucky because it has the opportunity to prepare.  It is such a shame that the preparation remains so thin.

Kevin Jones

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