hours of work – Page 23 – SafetyAtWorkBlog

Complacency and arrogance are the problems with mine safety in Australia

The signs are not good for the future of BHP Billiton’s safety program. At the Diggers & Dealers conference in Western Australia on 5 August 2009, Ian Ashby, the President of BHP Billiton Iron Ore expanded on his statements some months ago about the poor safety practices at the company’s Pilbara worksites.

According to one media report, Ashby has said that BHP’s safety performance was “generally showing improving trends”. He also said

“We’re looking for systems to eliminate these tragic events….. There hasn’t been any epiphany but we need to increase the intentionality and focus.”

Ashby specified two particular occupational hazards

traffic management, and
“fatigue management to prevent excess working hours”.

In April 2009, Ashby identified the following safety areas as those requiring attention:

Reduce site access;
Improve contractor management;
Enhance existing strategies to prevent excess working hours;
Move rail operations from the Mine Safety and Inspection Act to the Rail Safety Act;
Enhance traffic management standards, and;
Suspend all non-essential work outside daylight hours

Ashby’s presentation to the conference is now available for download.

The concern for the future safety performance of BHP Billiton comes from Ashby statements that, according to the press report, “the root of the problem was a poor attitude towards safety in the Pilbara region.

“There is an element that I don’t like to dwell on, but there is a complacency generally in the Australian workforce and a bit of an arrogance. I think some of that is quite manifest in the Pilbara.”

Ashby must have read the comments by Warren Edney about the lack of “safety brainwashing” in relation to the Pilbara miners. [SafetyAtWorkBlog has tried to clarify Edney’s comments with his employer, Royal Bank of Scotland]

The machismo of mine workers and new mining employers may be part of the issue but, as has been pointed out before, a similar Australian company in the same industry sector in very similar geographies – Rio Tinto – does not have anywhere near the same amount of fatalities even though it draw from the same worker demographics.

The OHS issue at BHP Billiton seems to be developing into a classic study of safety versus production.

It may be useful to note the report in the business section of The Age newspaper entitled “China taking all the ore we can ship: BHP“, a report generated from the same presentation by Ian Ashby at Diggers & Dealers’.

Kevin Jones

New Work/Life Research

There seems to be new institutes and academic schools popping up regularly over research into the issue of work/life balance. Recently one of the oldest and most prominent of the institutes, the Centre for Work + Life at the University of South Australia, released new research data.

The latest Australian Work and Life Index (AWALI) was released in late July 2009. The executive summary identifies several important issues relevant to OHS:

“Three years of data about work-life interference in Australia tell us that many employees experience frequent interference from work in their personal, home and community lives, many feel overloaded at work and feelings of time pressure are also common and growing.”

“Work hours are central to work-life interference….. Many Australians are a long way from their preferred working hours and the 2008/09 economic downturn has not made any difference to the incidence of this mismatch.”

The work by Barbara Pocock and others at the Centre is characterised by recommendations for improvements rather than simply describing a situation. In this data the researchers say

“Our AWALI reports over the past three years suggest that employers and public policy makers can help workers deal with work-life pressures. This involves improving the quality of supervision and workplace culture, controlling workloads, designing ‘do-able’ jobs, reducing long working hours and work-related commuting, increasing employee-centered flexibility and options for permanent part-time work, improving the fit between actual and preferred hours and increasing care supports.”

It is obvious from these comments that OHS professionals need to work hard on these matters to create, or maintain, their workplace safety cultures.

Kevin Jones

The myth of the three-hour sleep

The Australian media has widely reported that Australian Prime Minister, Kevin Rudd, exists on three-hours sleep per night. He doesn’t and Professor Drew Dawson, a prominent Australian sleep researcher, discusses the exaggeration of high-flying professionals in an article at Crikey.com on 21 July 2009.

More research of Professor Drew Dawson, Director, Centre for Sleep Research, University of South Australia, is available online.

An OHS look at the Fair Work book

On 9 July 2009 I wrote in SafetyAtWorkBlog

“The Fair Work Act has no relevance to occupational health and safety, so why mention this on SafetyAtWorkBlog?”

The Fair Work Act changes the negotiating and consultative structure of Australian workplaces stemming from changes in industrial relations law.

A book that came across my desk this morning suggests several other overlaps of OHS and IR in the new regime. Federation Press sent a copy of “Fair Work – The New Workplace Laws and the Work Choices Legacy“, a book edited by Anthony Forsyth and Andrew Stewart.

In Andrew Stewart’s chapter he talks of how the New South Wales Industrial Relations Commission made several extreme rulings on the application of State OHS laws to federal employees. He states that the government of Kevin Rudd has progressed OHS legislative reforms considerably by the government has “not indicated any interest in taking over the field itself”. The reticence has seemed strange and I was one of those who tipped a greater role for Comcare as a body for national OHS oversight.

Stewart has interpreted the government’s suspension of Comcare licences for national workers compensation coverage as illustrating the government’s interest lies

“in streamlining workers compensation for multi-State employers, rather than imposing a national regime”.

Ron McCallum is an Australia labour academic who always demands attention. Stewart includes a particularly salient reference

“Ron McCallum, for example, has argued that labour laws that are centred around corporations are unlikely to retain a ‘wholesome’ balance between employers and employees. Ultimately, he suggests, such laws are likely to become ‘little more that a sub-set of corporations law because inevitably they will fasten upon the economic needs of corporations and their employees will be viewed as but one aspect of the productive process in our globalized economy.”

The path to fairness is likely to continue to be rocky even during the terms of a government that originated from the labour movement.

NES

Jill Murray and Rosemary Owens write a chapter focusing on the Safety Net, a set of legislated minimum standards – National Employment Standards (NES). These standards are not “lines in the sand” and have purposely been given inherently flexibility. One of the issues discussed by Murray & Owens is maximum working hours.

This is particularly important to those of us who are trying to manage the issues of fatigue and impairment in workplaces. The authors state that it remains between the employer and employee to determine what hours, additional to the 38-hour working week, are “reasonable”. Some of the relevant safety factors in determining reasonableness are listed as

“Occupational health and safety risks”

“Personal circumstances, including family responsibilities”, as well as

“Needs of the workplace or enterprise” and

“any other relevant matter.”

Murray & Owens say that to determine reasonableness is almost impossible to negotiate between individuals because there is no priority allocated to each of the eleven criteria. The authors say

“… this kind of conflict is exactly what the provision must confront: a business might have urgent demands on production, yet an individual worker has to get home to cook tea for the family.”

Murray & Owens go on

“By placing the potential to expand working hours in the hands of the parties at the workplace, the NES, like WorkChoices, really mean that whoever holds the greater power (and, perhaps, knowledge of their rights) is likley to prevail, notwithstanding any calculation of reasonableness.”

Here is the opportunity for the union movement to generate additional members and in an industrial relations climate that allows fro greater access to employees. It is rare to find any individual who understands their own employment rights sufficiently to negotiate by and for themselves. The union movement could again become the “Friend of the Workers” by actually being the friend of workers and doing some solid footwork.

The Fair Work book is far more than this short article indicates. I only received the book this morning but am promising myself that I will read the rest.

As safety management broadens itself to cover psychosocial risks, it increasingly overlaps industrial relations, a workplace element that, with luck and a bit of work, could have been avoided by OHS professionals in the past. That is no longer the case and OHS professionals must understand how industrial relations changes will affect their own workplace and how they do their jobs. The Fair Work book is a great place to start.

Kevin Jones

What the next generation of graduates wants

A survey of graduates by GradConnection released on 15 July 2009 has important information for Australian companies and provides some optimism for the OHS profession and regulators.

A dominant element of modern employment is work/life balance. In some disciplines this is taken as workplace flexibility. In terms of workplace safety, work/life balance is a euphemism for psychosocial hazards of stress, bullying, fatigue, and workload amongst others. From this position, the survey findings showed that, when asked “What are the most important extra benefits?”, work/life balance scored the most support at almost 39%.

Companies that want to recruit graduates, often those companies which are looking to refresh their staff and workplace culture but also need to build sustainability and longevity, need to review their existing working conditions to match the desires of job seekers. This could be an enormous task for corporations that will take years but smaller companies can afford to be more reactive and flexible and may get the edge on attracting graduates.

It must be acknowledged that over 60% identified high salaries as the most important element in their salary packages. But the work/life balance indicates a growing reality that graduates are less likely to trade off wellbeing for dollars.

This is supported in terms of extra benefits where flexitime and flexible working arrangements gained around 24% and 22% support, respectively. Companies must operate within the time constraints of their industry, suppliers and customers but they should also identify those work processes that allow for flexibility. It may be useful to formalize start and finish times so that there remains a core set of hours within the working day where interaction of staff and clients can be maximised. Some of the social structures are already pushing in this direction with issues of public transport, schooling and childcare already accommodating this flexibility.

David Jenkins, the director of GradConnection, told SafetyAtWorkBlog that

The data we have extracted is drawn from contributions by about 10,500 graduates currently looking at their career options. It gives employers clear indicators as to what grads are looking for in their careers and helps potential employers adjust or increase their messaging about careers on offer at their companies.

Hope for OHS professionals and regulators comes from the fact that of the values that graduates wanted an employer to embrace, health and safety ranked third, behind equal opportunities and environmental sustainability.

This survey is the first generated through the website of GradConnections so the next survey should be able to provide some trend data.

Kevin Jones

Sleep disorders and workplace safety – new research grant

Recently, the Australian Government awarded some research grants of which at least one is relevant to workplace safety. $2.5 million was given for the establishment of a Centre for Clinical Research Excellence in Interdisciplinary Sleep Health (CRISH).

When the grant was announced Professor Ron Grunstein of the Woolcock Institute of Medical Research said,

“Adequate sleep is as important as exercise and diet. Sleep loss and sleep disorders contribute to mortality, chronic disease, mental health problems and the economic health burden.

“This funding will allow us to establish a network of leading sleep researchers and physicians in different specialties to investigate the biology of sleep, and look at ways to prevent and treat sleep disorders.”

Amongst several social benefits of the research, the issue of shiftwork health was mentioned. There are many contributory factors to the health of shiftworker and sleep disorders is only one, but an important one.

The most recent Australian data on the costs of sleep disorders was from 2004 by Access Economics, an organisation that the government often relies on for data. Its report, Wake Up Australia, estimates that sleep disorders such as obstructive sleep apnea and insomnia underlie 9.1 per cent of work related injuries.

The origin of this statistic needs to be closely examined in the body of the report (page 23) as there is quite a bit of statistical magic applied however the 9.1% figure has been referred to in relation to the potential benefit of the CRISH project. The statistic is not invalid but it is also not so simple.

Kevin Jones

When employees are their worst enemy.

A recent article in a rehabilitation newsletter reminded me of a client from several years ago.

Several employees in a small item packaging line were reporting wrist and forearm soreness toward the end of their shift. They believed that the line speed was too fast for them to comfortably work their full shift.

In consultation with the workers and the operations manager we went through various possible control options – line speed, automation, seating, posture, warm-up exercise, footwear, length of shift…..

A couple of days later, I was at the workplace at the end of the shift. The employees said they were sore but they did not go home. They stayed on for several hours of overtime. When I asked them about this they said they always do the overtime.

So the assessment of working environment had incomplete data.

My advice was that if the employees were putting themselves at harm of the potential for harm, undertaking overtime while not fit-for-work contravenes their own OHS obligations. If the employer offered these employees overtime knowing the employees were in pain, the employer is breaching the OHS obligation.

That is the straight OHS position. But life is more complex than OHS. The right OHS decision deprives the employees of additional income. The right OHS decision could encourage employees to not report their pain or discomfort, for if they do, the offer of overtime would be withdrawn. Non-reporting of injuries is a common short-term decision that many employees make.

It is in this context that consultation is required between employees, production manager, supervisor, human resources officer, and the health & safety rep, if one is on site. This consultative group can then make a decision that everyone understands the justification for, even if some participants do not like it.

A question to ponder from the scenario above – if one of the workers developed pain during the normal work shift, undertook overtime without the employer being informed of the pain and put in a worker’s compensation claim for the pain, would the employer feel justified in contesting the claim?

Kevin Jones

Category: hours of work

Complacency and arrogance are the problems with mine safety in Australia

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New Work/Life Research

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The myth of the three-hour sleep

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An OHS look at the Fair Work book

NES

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What the next generation of graduates wants

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Sleep disorders and workplace safety – new research grant

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When employees are their worst enemy.

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NES

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