OHS – Page 450 – SafetyAtWorkBlog

Driving and talking

The issue of driving while using a mobile is a perennial issue for the media but nothing much changes. The New York Times on 20 July 2009 carried an article on the latest research which confirms many previous studies that using a mobile phone while driving increases the risk of an accident.

Pages from 6i17 raw No US State has banned the practice because social use of mobile phones has become so widespread that any ban is impossible to enforce effectively.

In January 2009, SafetyAtWorkBlog reported on the recommendations from WorkSafe Victoria on the matter. Even in their guide they would say nothing more than

“recommend that hands free calls be kept to a minimum”.

At some point for most workplace hazards, the evidence outweighs the enforcement difficulties and bans ensue. It has happened to asbestos, it has happened with smoking, but these are decades after dancing around the most effective control measure – elimination.

Pages from 6i02 v4 The industrialised world, in particular, has been wrestling with the hazard of phones and driving for well over a decade. One report from 2002 said

“Tests carried out by scientists at the Transport Research Laboratory established that driving behaviour is impaired more by using a mobile phone than by being over the legal alcohol limit.”

The footnote to this comment said

“Previous research has shown that phone conversations while driving impair performance. It was difficult to quantify the risk of this impairment because the reference was usually made to normal driving without using a phone. “Worse than normal driving” does not necessarily mean dangerous. There was a need therefore to benchmark driving performance while using a mobile phone to a clearly dangerous level of performance. Driving with a blood alcohol level over the legal limit is an established danger.”

There are always conditions set with research findings but these are sensible and valid.

Pages from 3i13 According to a 2004 report by the US National Highway Traffic Safety Administration reported by UPI (unable to find a link)

“…estimated 8 percent of all motorists — about 1.2 million drivers — were using cell phones at any given time while driving, up from 6 percent in 2002 and 4 percent in 2000. About 800,000 of those drivers used handsets and not hands-free devices.

Handheld cell phone use increased from 5 percent to 8 percent among drivers aged 15 to 24 between 2002 and 2004.

Use of cellular-phone handsets increased from 4 percent to 6 percent of female drivers, while the number of men talking on handheld cell phones while driving remained constant at 4 percent.

Motorists were more likely to use a cell phone while driving alone, but drivers with children in the vehicle were just as likely to use the phone as those without children in the car.”

For those readers who like dollar figures, the same UPI article stated

“A 2002 study by the Harvard Center for Risk Analysis, part of Harvard University’s School of Public Health, found drivers using cell phones caused 1.5 million accidents annually resulting in 2,600 deaths and 570,000 injuries.

Researchers estimated banning cell phone use in vehicles would cost $43 billion a year in lost economic activity.”

[The only HCRA report on the website is is a 2003 study – Cohen, J.T. and Graham, J.D. A revised economic analysis of restrictions on the use of cell phones while driving. Risk Analysis. 2003; 23(1):5-17.]

A September 2003 report from NIOSH lists a range of driver hazards related to work activities and is worth downloading. Pages 51-555 deal specifically with phone use.

(If any reader knows of a literature review on this topic, please contact SafetyAtWorkBlog)

This workplace hazard has been around for so long that in the opinion of SafetyAtWorkBlog, when someone is driving a work vehicle 100% of their attention should be on the principal task at hand – driving.

Achieving this realistic aim can be helped by

not passing on mobile phone numbers when one knows the person is driving. The low tech alternative of taking a message works.
having employees turn off the phone while driving. (The phone does have an OFF switch)
not fitting workplace vehicles with hands-free units.
reminding employees of the safe driving policies of the business; and
enforcing those policies so that employees know that dangerous acts will not be tolerated or compensated by the company.

Above all, employees must be informed of the risks involved with distraction, must be reassured that employers will support safe actions, and must realise the affect on other drivers and their families from their own mistakes.

Kevin Jones

Aspirational targets are next to useless put politically expedient

Further to the recent blog article on New South Wales WorkCover statistics, SafetyAtWorkBlog has been provided with a copy of the official Comparative Performance Monitoring (CPM) report that was released in August 2008. These figures are used to measure performance against the National OHS Strategy 2002-2012.

SafeWorkAustralia has told SafetyAtWorkBlog that the next edition is due in October 2009 (just in time for Safe Work Australia Week – what a coincidence!) after it has been discussed at the next scheduled Workplace Relations Ministers Council amongst other meetings.

Most organisations, including political ones, have key performance indicators for managers and the companies themselves, to measure the likelihood of meeting the target. This may involve additional remuneration, awards or any other type of recognition. If the target is not reached, there are repercussions – loss of potential bonus, loss of job….

The National OHS Strategy has no reward for achievement other than a warm, fuzzy feeling. Nor does it have any penalty except the same warm, fuzzy feeling with perhaps a few less degrees of warmth or duration.

According to the media release from the then-National OHS Council in May 2002, the “indicators of success” are

“Workplace parties recognise and incorporate OHS as an integral part of their normal business operations

Increased OHS knowledge and skills in workplaces and the community

Governments develop and implement more effective OHS interventions

Research, data and evaluations provide better, timelier information for effective prevention”

The release also said

“There are five initial national priority areas for action to achieve short-term and longer-term improvements…. The priorities are:

reduce high incidence/severity risks;

improve the capacity of business operators and workers to manage OHS effectively;

prevent occupational disease more effectively;

eliminate hazards at the design stage;

strengthen the capacity of government to influence OHS outcomes”

These are classic “aspirational targets” that have no penalties for failure. The targets themselves were discussed in the previous blog article.

According to the 2008 CPM report summary

“The reduction in the incidence rate of injury and musculoskeletal claims between the base period (2000–01 to 2002–03) and 2006–07 was 16%, which means the interim target of a 20% reduction by 2006–07 has not been met. It is also below the rate of improvement needed to meet the long term target of a 40% improvement by 2012. The rate of decline in the incidence of claims will need to accelerate in future years if the target is to be achieved. Four jurisdictions however, met the interim target of improvement: NSW with 29% improvement, the Australian Government with 27% improvement and South Australia and Seacare each recorded 24% improvement. Although these four jurisdictions recorded improvements higher than the 20% required, considerable efforts will be required by all jurisdictions if the national target is to be met.

The number of fatalities recorded for 2006–07 is lower than in previous years, increasing the percentage improvement from the base period. The incidence of compensated fatalities from injury and musculoskeletal disorders decreased by 16% from the base period to 2006–07, thus the interim target of a 10% reduction by 2006–07 has been surpassed. The national incidence rate is still ‘on target’ to meet the 20% reduction required by 2011–12, however there is a considerable amount of volatility in this measure and consistent improvement is required.

The National OHS Strategy also includes an aspirational target for Australia to have the lowest work-related traumatic fatality rate in the world by 2009. Analysis of international data indicates that in 2006–07, Australia recorded the sixth lowest injury fatality rate, with this rate decreasing more quickly than many of the best performing countries in the world. However, despite this improvement, it is unlikely that Australia will meet the aspirational goal unless substantial improvements are recorded in the next few years.”

The federal government can react in several ways if the signatories to the strategy fail to meet the target in 2012:

Blame the previous government who was in power at the time of the strategy;
the large number of parties to the strategy made it impossible to coordinate;
The political climate has changed so much that the targets reflected unreasonable expectations; or
The economic climate has changed so much that the targets reflected unreasonable expectations.

Unless all the parties renew their efforts (and their budgets) in order to reach the targets in 2012, from 2009, which is highly unlikely, 2012 is going to have an OHS “elephant in the room” and it will have been white.

Kevin Jones

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

“Union safety”?

Reading an article about CFMEU organiser, Joe McDonald, today illustrates an important differentiation to be kept in mind. A unionist’s benchmark for safety compliance may differ from that of the employer, regardless of the fact that the employer has the major legislative obligation to establish a “safe and healthy work environment”.

Joe McDonald pledges to keep his members safe. A spokesperson for the construction company said

“…there were some safety issues at the site but said they were being addressed when the union walked out.”

How does walking away from OHS consultation improve safety?

The cause of the confusion on “safety” comes from the weakening of prescriptive legislation and codes to accommodate operating costs, and in the increase of the “reasonably practicable” test.

The union movement in New South Wales had the most extreme level of OHS regulation in Australia. It was hated by the business sector and has been weakened by the government as a result of federal pressures and aims but, the fact that New South Wales has achieved a 2% reduction in the injury incident rate, may add weight to the unions’ desire to retain the legislation.

There is a fundamental dichotomy of regulatory and operational approaches in OHS management in Australia currently that the harmonised OHS system may only exacerbate. It is now up to the Safe Work Australia boffins to keep an open mind in harmonisation negotiations but to also remained focused on the aim of any OHS legislation which is to keep people safe.

Kevin Jones

Statistics traps and a soft “warning”

In the Sydney Morning Herald on 17 July 2009, Kirsty Needham reported

“Total injuries rose by 2339 (2 per cent) to 142,542”

The media release from the Minister, Joe Tripodi on 15 July pointed out that the injury rate actually fell by 2%. An important point for the article and an error that has already been pointed out to Kirsty by others in New South Wales. Sadly, the error is understandable to those of us who dip into the statistical reports. (SafetyAtWorkBlog reported on the NSW stats previously)

However, this should not be case. Statistics should be supported by clear analyses that allow the layperson to understand, particularly, whether their government agencies’ efforts are providing positive results.

Business “warning”

The alert to New South Wales businesses Kirsty refers to is the regular WorkCover News sent out to businesses in hard copy but also available for download.

Below is an excerpt from the article “Safety matters in hard times”

“Many businesses in NSW and across the country are feeling the effect of the global financial crisis. Some employers are cutting costs and workers want to know what that means for them. For the good of your pocket as well as your people, it’s important you uphold safety at work.

Hard times can hit in a number of ways, and nowhere is this more evident than in the workplace. Some businesses might cut their stationery budget; some might put projects or recruitment plans on hold; others might consider a complete restructure. These decisions can affect more than the bottom line.

One thing to consider is the health and safety of your workers. Pressure and change can cause stress and anxiety. If your workers are distracted they may make mistakes or put themselves at risk. If your workers feel insecure, they may not tell you about new hazards. If you take on jobs you don’t have the capacity to deliver, your equipment and people may not cope. Any of these factors could take a human toll.”

As the newsletter is one of the few that Australian OHS regulators publish in hard copy nowadays it is worth registering for. For non-Australian readers, the site is worth bookmarking if overseas.

Kevin Jones

Maintain instead of repair

Every country has its share of high-fliers who “burn out”. Many fade away from the public eye with their careers over. Frequently this path to wealth and prominence is not perceived as a workplace health or safety matter. Some people decide that the health trade-off of multi-million dollar salaries is worth it.

Sadly the psychological reality of this personal decision is often masked by clichés. Frequently, executives say that a major motivation for their decision is “to spend more time with my family”. Many executives may believe this to be a major part of their decision, but regrettably, this worthy sentiment has become a cliché – the equivalent of a beauty pageant winner working toward “world peace”.

The family-time phrase/reason/excuse signifies an important element of the executive’s personality. They were willing to sacrifice decades of their relationship with their partner and to be absent from the development of their children for money.

If any of these departing executives use the family-time phrase in the same departure speech or media exit-interview as regaining “control of their lives” to “re-engage with the most important people in my life”, ask the executives, or politicians, “how do you justify ignoring your family over your career?”.

In some cases one could be more specific. “Do you think that your multi-million career was related to your daughter’s persistent attempts to kill herself?” “After being absent so frequently and for so long, are you still justified in describing your marriage as a loving relationship, or your partner as your ‘soulmate’?” “Was your million-dollar salary really worth it?”

Int he wake of the self-generated corporate financial crisis, some corporate executives are re-examining their ethics and morality. Not enough are going through this but it’s a start. Most say they operate for the benefit of shareholders but they cannot deny the reality of massive remuneration for their efforts. What they are ignoring is the individual cost to their loved ones of these efforts.

Should we look up to the billionaires who sacrifice the wellbeing of others they say they love to chase the dollar? Are these the paragons of our society?

People are trying to maintain or establish a work/life balance. (There are several articles at SafetyAtWorkBlog that report on this movement.) But the reality is that to achieve a work/life balance, one must be prepared to sacrifice income. This may involve the necessity of achieving a certain stage in one’s career that is not the top, but still a position of value in the company and, equally important, of value to one’s family and even one’s own psychological well-being. If one’s colleagues fail to understand this decision, the workplace culture is faulty, and probably irreparable.

If the ultimate ideal is to have a happy, functional, and sustainable community, one must examine one’s own motivations, and one’s own personal priorities. Everyone must consider whether we want to emulate those who sacrifice their family’s welfare for money or whether we support those who rebut the “glory of the high-achiever” and emulate those who love their family enough to spend time with them through their career. Maintenance is easier than repair in life as in safety management.

Kevin Jones

Occupational violence in fast food restaurants and petrol stations

The Australian media has been abuzz over the last couple of days on several issues concerning violence. Attention increases whenever there is video involved and the latest film of a bashing in Melbourne in a Hungry Jack’s store in the early hours of 13 July 2009 is getting a considerable run.

Most commentators are taking the bashing of 19-year-old Luke Adams as an example of “street violence”. SafetyAtWorkBlog believes that the fact that this event occurred between customers in a workplace, raises questions about the obligations of retail store owners towards health and safety.

The case of Luke Adams again illustrates the reality that surveillance cameras can assist in the apprehension of criminals but does little to reduce the harm to employees and customers. This seems to be contrary to the OHS principles in Australian OHS legislation.

SafetyAtWorkBlog would ask any retailers who choose to operate, particularly, during nighttime

Are the stores designed to reduce (hopefully eliminate) the risk of violent contact between customers and staff?
Are there restrictions on the age or gender of staff who work nightshift?
Is the first aid training provided to staff designed to accommodate the emergency treatment of severely injured customers?
Has the presence of a security guard been tried during nightshifts?
Would the company consider closing a store if the risks to staff and customers became unacceptable?

SafetyAtWorkBlog knows of at least one fast food restaurant in Melbourne that removed its public toilets because of the number of drug overdoses that occurred in the cubicles. This store eventually closed its 24-hour store, partly, because of the unacceptable risk that developed.

The unfortunate linking of fast food restaurants with violent attacks is an issue of all-night trading as much as any other reason. It was just over two weeks ago that a fight in the grounds of a Hungry Jacks restaurant in suburban Melbourne was reported and wrapped into the current topic of supposedly racist-based attacks against Indian students.

The attacks are not limited to Melbourne though. A 19-year-old Korean student, Lee Joon–yub, was killed in Sydney in 2008 after being stabbed at a fast-food restaurant

The risk of occupational violence, as it is more traditionally understood, is increasing according to findings released on 16 July 2009 by the Australian Institute of Criminology. Its report, which also received some media attention from radio, finds that

“The incidence of service station armed robbery has steadily increased over the past decade. ….. This opportunistic targeting of service stations has been attributed to their extended opening hours, their sale of cigarettes and other exchangeable goods, their high volume of cash transactions and their isolation from other businesses. Widespread adoption of crime prevention measures by service stations, such as transfer trays, could help reduce their risk of being robbed…..”

The full report is worth reading closely from an OHS perspective as it identifies the characteristics of services stations (and maybe other all-night retail outlets) that are attractive to the opportunistic robber. We should not dismiss armed robberies as only involving monetary loss to retailers as the study showed that “one-third of armed robbery victims…were individual”.

The AIC report also states that

“…minimal staffing on night shift is seen to increase the risk of armed robbery victimization for service stations.”

This brings in all the OHS advice and research concerning working alone or in isolation. However there must be some sympathy for employers trying to recruit night shift workers for industries where violence is an increasing risk.

The mention of the hazard control measure of transfer trays is gratifying as it fits with a higher order of control measure in OHS parlance by providing an engineering control. However this needs to be backed up by specific training for employees on what to do when required to render assistance outside the enclosed booth.

The application of transfer trays may be valid for fast food stores at nighttime by only offering a drive-thru service and further reducing the risk of customer violence against employees.

Regardless of the physical harm from work tasks arising from working in retail, WorkSafe Victoria advises of four control measures for what it describes as the psychological system of stress, bullying and harassment:

Your workplace culture and management should encourage open and effective communication.

Develop, implement and enforce clear policies and procedures that address bullying, occupational violence, harassment and work pressure in consultation with workers (including young workers) and management.

Where money is handled, put in place security measures to reduce the risk of occupational violence.

Training and procedures should include all staff at risk, including any casual or on hire workers.

Kevin Jones

Category: OHS

Driving and talking

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Aspirational targets are next to useless put politically expedient

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An OHS look at the Fair Work book

NES

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“Union safety”?

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Statistics traps and a soft “warning”

Business “warning”

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Maintain instead of repair

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Occupational violence in fast food restaurants and petrol stations

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NES

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Business “warning”

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