The new generation of foolhardy reporters

In 1975 five Australian reporters were killed while covering the armed dispute between the Indonesian military and, what used to be called “freedom fighters”, the Fretilin in East Timor.  An indication of how circumstances can change is that José Ramos Horta, the current President of East Timor was a founder and former member of Fretilin, the Revolutionary Front for an Independent East Timor.

Since that time, in particular, in Australia, the issue of safety of media employees has gained considerable attention, primarily through the work of the journalist’s union, the MEAA, and the international Dart Center for Journalism & Trauma

But there are a new generation of freelancers and writers who come to reporting from outside the tertiary journalism courses (this writer included) who do not have the benefit of accessing the wisdom and advice of experienced reporters.  These writers (I do not apply the term journalist  even to myself) see the excitement of reporting from exotic locations and areas of conflict.  New technology of recording and distribution only encourages them because it makes the reporting process easier or, at least, makes it easier to provide content, the quality of the content is often questionable.

A new book is being released in Australia concerning the Balibo Five and the author spoke to the Australian Broadcasting Corporation.  Tony Maniaty, who was in Indonesia at the time and spoke with the Australian reporters, touches on the risks to which the new generation of reporters are willingly exposing themselves.   His comments are timely and reinforce the importance of what used to be called listening to the wisdom of elders but now seems to be mentoring.  His comments apply to all occupations and professions.

A feature film is being made about this period and the events surrounding the Balibo Five.  Maniaty attending the shooting of the film and spoke about this in a Youtube video, ostensibly for the promotion of his book. 

Kevin Jones

 

 

Working alone – a poorly understood work hazard

Working alone is an established workplace hazard in many industries.  The control measure most applied is “don’t work alone” that is, undertake as many work tasks in isolated location with someone supervising or in close contact.

Modern technology has often been applied as a possible control measure – “deadman switch”, GPS tracking, mobile phone use.  Many of these control measures are second nature to workers in this century and are so commonplace that their safety role is ignored.

Regardless of the many zookeeper attacks that have gained media headlines over recent years, many workers are assaulted and killed while working alone.  Industries that do not have a strong history of safety management most often get caught out by having a staff member injured or killed.  Bosses or industry associations often express wonder at how such an incident could occur.  Safety professionals would have seen the hazard instantly.

The risk of violence from working alone has been a hot topic in Australia since a Victorian female real estate agent was murdered while showing a prospective “client” an isolated property.

HSS0075-Real      -3.477447e+266state-Property            51804944nspection                    afety[1]WorkSafe Victoria has just released a further publication concerning this matter.  The alert is okay in its context but is doing a disservice by being restricted to real estate agents.  Worksafe has more generic guidance but focus on real estate agents? Why not produce similarly detailed guidance guidance that is more broadly applicable to workers in isolation – pizza deliverers, night shift workers, street cleaners, office cleaners a whole raft of occupations that operate alone?

WorkSafe has said previously that real estate agents gain priority because such guidances are developed in conjunction with industry associations.  A legitimate question can be asked, why is a government authority producing guidance for a sector that already has an industry body who can do this?  Shouldn’t an OHS regulator be focusing on those areas that don’t have industry support?

Below are some of the recommended control measures in the latest publication.  SafetyAtWorkBlog’s more generic control measures are in red.

  • having a new client stop by the office and complete a personal identification form before viewing a property to verify details

Have a detailed list of staff work locations and a contact name and (after hours) number for a supervisor at each location

  • inspecting properties during the day. If night inspections are necessary, ensure the agent is accompanied. Identify exit points in case a quick escape is needed

Work with a colleague wherever possible

  • inspecting the property before showing clients,to assess any existing risks or hazards

Consider the security measures of each work area – lighting, access/egress, phone coverage, camera surveillance, etc

  • making an excuse and leaving the site immediately if the client becomes aggressive or makes the agent feel uncomfortable

Cancel the work task at the first sign of hazard

  • calling the office with a pre-assigned emergency code phrase if the agent senses a dangerous situation

The “safe word” control measure is well established in the escort business.  It can work but will only notify of a dangerous situation not eliminate it

  • regularly training staff on safety procedures, including instructions on dealing with potential offenders and incident reporting.

Develop safe work procedures in consultation with staff 

When considering control measures in these situations it may be very useful to understand that prosecutions are likely to consider that employers have undertaken control measures “as far is reasonably practicable” – a movable feast of judgements.  Ask yourself or your client the question, would they prefer to know that an employee is in danger, injured or killed, or would they prefer to have the employee safe and loose a potential client?  The court may consider camera or other technical surveillance to be reasonably practicable but what would your employee who has lost an eye, limb and quality of life think?

Consider other control measures ONLY AFTER elimination has been seriously considered.

Kevin Jones

Other OHS guides concerning working alone are available below

WorkSafe WA

WA Dept of Commerce

Trade Union site

WorkSafe Victoria

Workplace Health & Safety Queensland

A vision for the OHS profession

WorkSafe Victoria is very involved with moves to improve the professionalism of OHS practitioners in Australia.  There is no doubt that improvements are required but the role of a state-based regulator in a non-regulatory system is curious. Surely such changes should be run from a national perspective

Safety professionals often look at the prominence, influence and market share of professional organisations for the doctors or the accountants.  In Australia, at the moment, the health care profession’s accreditation/registration process is having a new structure introduced.  After a long review process the Australian Health Workforce Ministerial Council identified these areas for change

  • Accreditation standards will be developed by the independent accrediting body or the accreditation committee of the board where an external body has not been assigned the function.
  • The accrediting body or committee will recommend to the board, in a transparent manner, the courses and training programs it has accredited and that it considers to have met the requirements for registration.
  • Ministers today agreed there will be both general and specialist registers available for the professions, including medicine and dentistry, where ministers agree that there is to be specialist registration. Practitioners can be on one or both of these registers, depending on whether their specialist qualification has been recognised under the national scheme.

This third point is an excellent one and so easily applied to the safety profession and the practitioners. “Specialist” and “generalist” seems to reflect the composition of the safety industry in Australia.  There are those on the shopfloor or offices who deal with hazards on a daily basis.  There are those who research and write about safety.  And there are those who are a bit of both.  The two category system of accreditation seems simple and practical and readily understood by those outside of the profession.

  • Both categories will attract experts in various fields but the categories themselves don’t relate to specific areas of expertise. The Ministerial Council has agreed that there will be a requirement that, for annual renewal of registration, a registrant must demonstrate that they have participated in a continuing professional development program as approved by their national board.
  • Assistance will be provided to members of the public who need help to make a complaint.
  • The Ministerial Council agreed that national boards will be required to register students in the health profession
  • …boards will be appointed by the Ministerial Council with vacancies to be advertised. At least half, but not more than two thirds, of the members must be practitioners and at least two must be persons appointed as community members.
  • There will be a new “Australian Health Practitioner Regulation Agency”

 These points deal with matters sorely lacking from many areas of the safety profession – independence, transparency, skills maintenance, a clear and independent complaints procedure, diverse representation and a formal regulatory agency.

To this SafetyAtWorkBlog would add the concept of a Safety Industry Ombudsman for it is always necessary to have someone watching the “watchmen”.

Currently the Australian safety profession is part way through a mish-mash of a process of professionalisation.  Surely it would be better to follow the most contemporary of processes being implemented by health care and others.  Such a process would take some time and require support from the various disciplines of safety and the government.  More importantly, it may require “vision” but during this time of substantial change in OHS legislation and regulatory structure, it is surely the right time to bring in long-term structural change to a profession that would benefit business and the public very well indeed.

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

The reality of First Aid

Many employees undertake first aid training because it is a relatively easy training program to arrange, it is cheap and it provides skills that can be applied outside the workplace.  

But newly trained first aiders often leave training with an unrealistic feeling of empowerment.  Regularly, small businesses regret the disruption caused by the first aider’s evangelism for safety, particularly if the first aider was trained to provide some generalist safety presence in the company.  Similar disruption can result from health and safety representative training and perhaps that is why many small businesses are wary of this.

First aid trainers need to remind students regularly of the reality of first aid.  This reality is shown in the death of a truck driver in an isolated part of Australia on 9 January 2009.  First Aid is a terrific life-saving skill but the reality is that circumstances beyond one’s control may still result in a death.

In a class once, a student asked a first aid instructor what would happen if a farmer was bitten by a snake in an isolated part of the farm and the farmer  had no first aid skills or kit.  The trainer responded, “the farmer would die”.

The reality of living in a large country of isolated roads and small population is shown in the death of the truck driver.

The role of mobile telecommunications in the article is a distraction and relates more to the current political and commercial disputes between the Australian government and the telecommunication providers, than to the truck driver’s injuries.  

The article may lead to discussion on the poor emergency resources in rural and outback Australia.

First aid and emergency response has been revolutionised by mobile phone technology over the last 20 years.  Mobile phones have caused us to find lost bushwalkers and to get emergency ambulances to accident scenes much quicker.  Thankfully, a quicker emergency ambulance response shortens the time needed applying first aid.

It is a truism that no matter how much training we have, or how much technology we can access, death is a reality of life.

OHS advertising

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WorkSafe Victoria is marketing well by tweaking their OHS advertising messages to fit the economic or seasonal requirements of workers and workplaces.  In mid-December 2008, the “Homecoming” ads have been updated to provide a more obvious link to people working during the holiday season.

John Merritt, CEO of WorkSafe, tries to link their two ongoing campaigns – Homecomings and young people at work in the media statement that accompanies the TV release of the ads.  He said, on 15 December 2008, 

“Employers at this time of year need to take exceptional care to ensure their people are properly trained, supervised and working in a safe way.  

“This is particularly true of industries where there are many people taking jobs straight from school or university.  

“With the working environment to become more frantic in the next couple of weeks, now is the time to ensure every workplace has the systems and procedures in place to minimise risk.”

This is true but does not seem to fit the media scheduling.  The television ads began airing this week but 
“The campaign will also run on radio, be shown on outdoor billboards and in cinemas from Boxing Day”

It seems odd to stagger the campaign through the first half of the summer break when the people taking on seasonal jobs, particularly in retail, are starting work prior to Christmas.

Also, previous campaigns aimed at young people  have been criticised by some who say that television is not necessarily the best medium to communicate with the target age group.   Others see the ad as advocating the wrong approach

John Merritt mentions in his statement above that now is the time for reviewing and updating safety systems and procedures.  It could be argued that, in a practical sense, this is unlikely to occur so close to Christmas, when companies are winding down or operating frantically to beat the Christmas deadlines.  

Many school leavers began their new, and first jobs, throughout November.  This would have been the time when safety inductions were conducted and any other training provided.

The campaign certainly has considerable value and it is heartening that WorkSafe has committed to keeping the Homecoming campaign fresh but occasionally the communication strategy seems to hiccup.

For this posting, SafetyAtWorkBlog contacted WorkSafe to include a copy of the ad in this blog and other online OHS publications.  This option wasn’t available at the time 0f posting and the video has yet to appear on YouTube. The posting will be updated when video is available.

Kevin Jones

Management failures and a rape of a five-month-old baby

Earlier this year, SafetyAtWorkBlog reported on the attack on a nurse in the Torres Strait Islands north of Australia, the investigation of the issue by Queensland Health and the mechanisms introduced to get the working conditions and accommodation up to a safe level.  In this case there was a clear link between occupational health and safety and the security of a worker.

OHS law in Australia obliges workers and those in control of a workplace to ensure the safety of people on their premises.  Last week the Northern Territory government received a report (081128vol1-f9c6d46d-75d5-4a5e-95e7-7c040ae6600c1) into the security measures at the Royal Darwin Hospital.  This hospital has undertaken fantastic medical work in the past, most noticeably, on a large scale following the bombings in Bali in October 2002.

However it failed to prevent the rape of a five month old female infant on 30th March 2006, while the indigenous baby was an inpatient.

Carolyn Richards, the Health & Community Services Complaints Commissioner, said in her report

As a result of a complaint reported to the Health & Community Services Complaints Commission an investigation was undertaken by the Director of Investigations, Mrs Julie Carlsen, who is employed as the Director of Investigations (DI) Health &  Community Services Complaints Commission.

This report highlights that the Department of Health & Community Services (DHCS) needs to implement effective risk control mechanisms to minimise the risk of an assault on a vulnerable inpatient in the Royal Darwin Hospital (RDH). The investigation has led to the conclusion that DHCS (DHF) and RDH have not complied with the applicable Australian Standard. It has also revealed that crucial information has been withheld from an expert engaged by RDH to review security arrangements and from the DHCS (DHF) Security Manager based at RDH. This report also details inadequacies and failings by those responsible for managing RDH who have failed for over two years to implement and maintain better security for patients in the Paediatric Ward. It is published with the hope that it will cause DHCS (DHF) and RDH to give higher priority to improving its risk management and security procedures.

The Commissioner’s conclusions are worth including here so that OHS professionals and security officers can establish appropriate procedures for their workplaces.pages-from-081128vol1-f9c6d46d-75d5-4a5e-95e7-7c040ae6600c1

1. On 30th March 2006:

  • There were no arrangements in place on the Paediatric Ward to ensure the safety and inviolability of vulnerable patients.
  • No risk assessment had been conducted.
  • The arrangements in place did not comply in any aspect with the Australian Standard which sets the benchmark for proper security.
  • There was no control on access to the Ward or to the patients.
  • The staff had not received adequate training, and possibly none at all, about the risks arising from lack of security arrangements.
  • In 2002 RDH had commissioned and received an expert consultant’s assessment and report on security arrangements at RDH. The Terms of Reference did not require 5B to be assessed. By 30 March 2006 the recommendations in the report had not been implemented in Ward 5B. This failure can only be described as shameful.
  • Following the rape of the infant police were not notified for about 2 hours.

2. Action taken by RDH after the rape to improve security was: (a) slow (b) inadequate, and (c) has not been adequately evaluated or reviewed to determine its effectiveness

3. RDH has a Security Manager on site as well as an NT Police member stationed at the hospital. Neither has been asked to evaluate the security on the Paediatric Ward either before or after the rape of the infant.

4. Staff working on the Paediatric Ward have not been trained at their induction on the elements of security arrangements to reduce the risk to vulnerable patients nor has there been adequate ongoing training of staff before or after the 30th March 2006 incident.

5. In 2007 the same expert safety and security consultant, as in 2002, was engaged to assess security arrangements at RDH. He was not informed of the rape of the infant in March 2006 nor was he asked to report specifically on arrangements in the Paediatric Ward.

6. On 21 November 2007 two investigation officers from the Health and Community Services Complaints Commission visited the Paediatric Ward by prior arrangement. They were able to enter the Ward and wander around, have entry to every part of it and stand at the nurse’s station, for about 25 minutes without anyone asking who they were and why they were there.

7. Management’s lack of commitment to the proactive identification of risks and to taking appropriate action has not created a culture where each member of staff takes responsibility for identifying and reporting risks and developing safe practices.

8. A security review of RDH was carried out by an expert hospital safety and security consultant who issued a report in 2007. The Security Manager of DHCS (DHF) was not given a copy even though he requested it. HCSCC enquired of RDH management why he was not given a copy and RDH have offered no explanation. On 31 October after this report was published to RDH and DHF the CEO of DHF advised this Commission that he had finally been given a copy and that he had seen a draft copy.

9. RDH Maternal and Child Health Clinical Risk Management Committee considered security in the Paediatric Ward following the incident. The Committee met on 16th May 2006, 2.5 months after the rape of the infant. It met a further 4 times. It submitted an action plan to the General Manager of RDH in July 2006. At its last recorded meeting on 5 September 2006 there had been no response from the General Manager on the recommendations, particularly with respect to installing CCTV cameras with recording facilities on the Paediatric Ward. There were still no recording cameras on the Paediatric Ward as at June 2008 although a CCTV system had been installed in the kitchen area to deter the pilfering of food. Dr David Ashbridge on 31 October 2008 advised, when responding to a draft of this report, that CCTV cameras were installed in Paediatrics on 25 August 2008.

10. The surveyors from the Australian Council of Health Standards which accredits RDH probably did not receive all relevant information about the incident of 30 March 2006 and what action RDH were taking. Those surveyors on 13 October 2006 were informed by RDH that the patient information pamphlet and admission interview are being reworded to reflect the changes to ward access. There was no verification throughout the investigation that any action had been taken by RDH to implement the recommendations of the review. Neither the report of ACHS nor records of information given to ACHS have been provided to the HCSCC. DHCS (DHF) was invited to provide me with those relevant documents in response to this draft. No response was received on this issue from DHF or RDH. According to the published information of ACHS the accreditation survey commences with a self assessment by the hospital concerned. This Commission specifically requested details and copies of the information provided to the ACHS surveyors but no response was received from either the CEO of the Department or the General Manager of RDH.

11. The governance arrangements at RDH do not promote adequate transparent accountability of the General Manager and the Department of Health and Families for the operation of the hospital. Control of all aspects of the day to day management of RDH rests in the hands of three individuals. This includes staff recruiting, training, security, nursing and medical services, procurement, record keeping, financial accountability and risk management. Such specialist management groups as exist are subordinate to the General Manager’s authority. The General Manager reports to the Director of Acute Services who reports to the CEO of the Department. I have been unable to find out what role the Royal Darwin Hospital Board has since its last annual report to 30 June 2006. 

It is well worth obtaining the complete report to understand how such an individual tragedy occurred.  As one media commentator has posited

“One wonders what the reaction would have been if a non-indigenous infant was raped.”

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