Inspectors – Page 12 – SafetyAtWorkBlog

This may not work for OHS but why not?

On 9 November 2009 public submissions close on Australia’s model OHS Act but the move for harmonisation and, hopefully, a simplification for business and government continues in other areas.

The Australian Transport Council (ATC) met on 6 November 2009 and agreed on many Council of Australian Governments (COAG) matters concerning unnecessary bureaucratic duplication:

“ATC agreed to recommend to COAG that South Australia would be the host jurisdiction for the national rail safety regulator.

ATC also agreed to recommend to COAG that a host jurisdiction for the national heavy vehicle regulator be agreed, noting that New South Wales, Victoria and Queensland have expressed interest.

It was agreed that the Australian Maritime Safety Authority will be the national regulator for maritime safety, responsible for regulating commercial vessels. This is a significant step towards national uniformity.”

There were several other initiatives mentioned – level crossing safety, a National Road Safety Council, minimum standard for taxi drivers.

But the recommendations above decentralise some of the bureaucracy. At the HR Leaders Awards recently, the CEO of Carnival cruise liners, Anne Cherry, said that many public servants exist in a unique policy environment of the capital city, Canberra, and the policies reflect this.

SafetyAtWorkBlog would like to suggest a change that could occur within the enforcement parameters of the OHS model law review.

Let’s consider a national mine safety regulator with offices located in each of the mineral resources regions of Australia. Could transport regulators have offices within, or just outside, major port facilities? Major hazards regulators in major hazards zones?

There is much information bandied around about flexible working arrangements and the use of new technology to unite isolated workplaces. How radical would it be to split the centralised OHS regulators’ offices into hazard-based offices in rural, regional and suburban locations? The inspectors would be adjacent to the hazard locations for enforcement and the advisers are on hand for assistance to industry. The locations could even be seasonal to deal with seasonal industries and labour forces.

OHS enforcement policies would remain the same, only the place of implementation and coordination would change.

Most OHS regulators already have a a couple of regional offices but mostly these remain in the outer suburbs of the capital cities. Some entire departments have relocated to satellite towns for cost reasons but also to provide employment opportunities outside the major population centres.

Could OHS be regulated and enforced across a country the size of Australia and through the major industrial and resource structures, without the concentrations of policy-makers and inspectors in city offices?

Kevin Jones

National scaffolding campaign

This week a national scaffolding safety campaign was launched in Australia. There are several sources for new and useful information about the campaign, two are below.

Mike Hammond of law firm, Deacons, has written a backgrounder on the need for the campaign and how to prepare for the compliance visits. Hammond lists the key messages form the campaign as

“The campaign is designed to ensure compliance with existing workplace safety laws in relation to scaffolding;
Increase industry awareness of the safety issues associated with using unsafe scaffolding;
Recent incidents have highlighted a need to be vigilant when erecting, altering, using and dismantling scaffolding; and
A wide range of trades that use scaffolding are exposed to significant risks of death and injury when the scaffolding does not comply with AS 1576.”

WorkSafe WA Commissioner Nina Lyhne said in a media release on 24 July 2009 that

“The construction industry is a high risk industry. Sadly, we still see a large number of injuries and deaths on construction sites.

WorkSafe [WA] focuses a lot of attention on education as well as on enforcement to reinforce the need for improved safety. Recent scaffolding incidents have led to the death of a number of workers and seriously injured others across Australia.

Industry is being advised of the intervention campaign, and inspectors from WA will be undertaking inspections over two months from 1 August to 30 September.”

Kevin Jones

The OHS recommendations the Australian Government rejected

According to the Communiqué of the Workplace Relations Ministers’ Council on 18 May 2009, the following issues should be considered when drafting the new OHS legislation

“Application of the primary duty of care to any person conducting a business or undertaking

The panel recommends that the primary duty of care should be owed by any person conducting a business or undertaking. The objective of this recommendation is to move away from the traditional emphasis on the employment relationship as the determiner of the primary duty, to provide greater health and safety protection for all persons involved in, or affected by, work activity. Care needs to be taken during drafting to ensure that the scope of the duty is limited to matters of occupational health and safety and does not further extend into areas of public safety that are not related to the workplace activity. “

The first part of this is recognition of the variety of workplaces Australia now has, the number of people within worksites who are not employees and the previous issues of OHS and unpaid volunteers. It seems to expand to matters of public liability but then, curiously, pulls back to emphasise occupational health and safety. As Michael Tooma has noted, circumstances seem to have passed beyond the arbitrariness of the occupational categorisation. Continue reading “The OHS recommendations the Australian Government rejected”

Workplace safety can be funny

This week workplace safety on a building site received a much needed dose of humour. The Australian show “ThankGod, You’re Here” had a comedian enter a pretend building site and have to face questions from an OHS inspector as if he was the owner of the site.

The sketch has added impact because of its timing. It is hard to imagine this occurring ten years ago in a society and industry where OHS compliance was less valued, when hardhats were considered optional and when brightly-coloured vests looked stupid. That the sketch is funny is a measure of how OHS regulation and enforcement has matured and just how successful the OHS regulators have been in changing the society’s attitudes to workplace safety in Australia.

Also, it shows something more illustrative of comedy, more true. In the sketch there are some wonderful stunts done by a small earthmover. Only last year there was outrage, and fines, over some forklift stunts done for real by a young driver in Melbourne. The environment makes the difference between laughter and outrage.

The success of the TV show’s concept is also indicated by the issue of the 12-year-old welder on the building site. The comedian, Merrick Watts, removes the issue of age by insisting the young boy is actually in his fifties and just looks younger.

WorkSafe Victoria, whose logo is worn by the pretend inspectors in the sketch, have said that they did not pay for brand placement and that the show did not belittle the work they do. In fact the show “actually showed that we have a job to do and that there are good reasons for it.”

Kevin Jones

Professor Quinlan outlines the roles and approaches of the OHS inspectorate

The Safety in Action conference is lucky to have Professor Michael Quinlan as a keynote speaker, as he has seriously curtailed his conference appearances to favour those that benefit the safety profession over the commercial conferences. His, and Richard Johnstone’s, research on 1200 inspectors has provided useful insight into the effectiveness and roles of OHS inspectors. The project also interviewed HSRs and employers and visited a large variety of workplaces.

Michael Quinlan at Safety In Action Conference

Inspectorate activity focused on in the report was in the traditional areas initially. But although statistics overstate the effectiveness of the visits, the bulk of their activity relates to targeted strategies, as targeted enforcement provides a greater return. This may be important to remember when listening to presentations from the regulators about their performance indicators.

Less than half of an inspector’s time is spent in talking with workers. Most attention was on plant and documentation was low except in major hazard sites. Inspectors don’t ask about the participatory structures which Quinlan sees as a major deficiency.

Inspectors currently have much better communication skills than in previous incarnations.

In 50% of the cases studied there is no action taken by inspectors, 25% are verbal instructions, improvement notices issued in 34%.

The research also asked what standards were referred to by the inspectors with the most common being process or performance standards. Inspectors are very hesitant in providing advice on potential solutions yet they are often the best placed to provide advice.

Inspectorate training has greatly improved and inspectors do apply their enforcement skills selectively. Some employers want notices in order to gain the attention on safety matters from the executives.

“Zero Harm” often fades to zero injuries and becomes implemented more restrictively than intended due to the realisation of the workload in achieving the corporate goals.

Inspectors are more cynical on audit tools because the tools in many cases have become checklist compliances with insufficient resources to improve safety in reality.

Inspectors struggle with psychosocial issues but the general opinion is that managing the issues will evolve in a similar way to that of manual handling over the last 20 years. Often bullying cases can take up a lot of inspector’s time with less than perfect outcomes.

Inspectors are beginning to see safety within the business/management context and provide more assistance with managers. Inspectors are very aware of the risks associated with paper compliance management systems.

Inspectors don’t interact sufficiently with unions and HSRs. Well-managed worksites are prepared to include a second opinion on safety, often from unions. Those sites that are not inclusive should raise a red flag.

Repeat visits by inspectors are the most effective technique in safety improvement but under-resourcing hampers this technique.

Kevin Jones

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.

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.

Role of OHS Inspectors

There have been several incidents recently that illustrate the unenviable pressures on inspectors and Australian OHS regulators.

The Tasmanian Coroner found that the mining inspectorate of Workplace Standards Tasmania was “inadequate” and incapable of “of carrying out its core function of inspecting and enforcing best safety practices within the mining industry.” Two inspectors for that State’s mining sector- a sector that in 2007/08 was 621 mining leases strong, according to the Annual Report of Mineral Resources Tasmania.

The construction union (CFMEU) in Victoria was highly critical of WorkSafe Victoria following a scaffolding collapse in a main street of the suburb, Prahran. A similar event occurred in Sydney a couple of days later.

However, OHS legislation clearly states the employer is responsible for safety in workplaces, as WorkSafe reiterated in a press statement. TV an press reports did not quote the construction union official criticising the construction company or project manager for having the scaffold collapse on their worksite.

(The CFMEU provides a scaffolding checklist on its website.)

In the scaffolding situation a union criticising the OHS regulator is a peculiar distraction from the obvious failure of the organisation that has control of the worksite, the employer. In the Beaconsfield case, the distraction is just as effective and allows the employer to feel that less attention, less criticism, equates to the incident or the fatality being considered of a lesser significance.

The days of government certification for scaffolding, boilers & Pressure vessels, and a raft of other work items disappeared almost twenty years ago in many Australian States. One of the reasons this occurred was that regulators realised that by certifying something, by granting official approval, the regulator took on some of the responsibility for the work item. Most regulators, with government support, realised that it was in their interest to re-emphasise the employers’ legislative obligations that had existed in law for some time.

One does not need to physically visit worksites to encourage “best practice”. No inspectorate would expect every workplace to be visited by inspectors but high-risk workplaces, such as mines, may have this expectation.

It seems increasingly popular for the OHS inspectorate to be called in early on high hazard organisations (HHO) projects. (HHO is a concept most recently discussed by Jan Hayes and discussed elsewhere in the works of Professor Andrew Hopkins) This enables projects to meet high safety standards in the planning stage.

OHS regulators have a delicate balancing act between consultation and enforcement. This is a balance that is constantly being tweaked as political, economic and social pressures fluctuate. The process is not helped b y fingers being pointed in the wrong directions.

Kevin Jones

[NOTE:Professor Michael Quinlan of UNSW, Middlesex University and University of Sydney) will be a keynote speaker at the upcoming Safety in Action 2009 Conference on 2 April 2009 concerning the results of a five-year research report into what OHS Inspectors do and the implications for employers and safety professionals.]

Category: Inspectors

This may not work for OHS but why not?

Like this:

National scaffolding campaign

Like this:

The OHS recommendations the Australian Government rejected

Like this:

Workplace safety can be funny

Like this:

Professor Quinlan outlines the roles and approaches of the OHS inspectorate

Like this:

OHS and Corporate Responsibility in Asia

Like this:

Role of OHS Inspectors

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: