Asbestos is an example of immoral economic growth

The financial newspapers often refere to a BRIC group of countries or, rather, economies.  This stands for Brazil, Russia, India and China and is used to describe the forecasted economic powerhouses for this century.  But there is also the risk of economic growth without morality.  India is a case in point and asbestos can be an example.

Pages from india_asb_time_bombThe health hazards of asbestos have been established for decades but only officially acknowledged more recently.  One would expect that when some countries ban the import, export and manufacture of a product that other countries may suspect that something may be amiss.

In the introduction to the September 2008 book “India’s Asbestos Time Bomb” Laurie Kazan-Allen writes

“Historically the burden of industrial pollution has reached the developing world much faster than the fruits of industrial growth” writes Dr. Sanjay Chaturvedi.  This statement is well illustrated by the evolution of the asbestos industry in India.  In the frantic rush for economic development, there has been a pervasive lack of concern for the health of workers and the contamination of the environment.  Sacrificing the lives of the few for the “good” of the many, the Indian Government has knowingly colluded in this sad state of affairs.”

Kazan-Allen is a longtime campaigner on asbestos.  In 2001 she put this question to the Canadian Medical  Association Journal.

“Chrysotile has caused and is continuing to cause disease and death worldwide. It is hypocritical for Canada to continue to produce chrysotile when it is not prepared to use it domestically. If chrysotile is unsuitable for Canadian lungs, how does it become suitable for Korean, Indian and Japanese lungs?”

A foundation of public health and workplace safety management is that bad practices, immoral practices, are corrected, not accommodated.  At some point the exploitation of others for the financial betterment of a few must end. Could that lead to a “compassionate capitalism” or is that just another term for “socialism”?  These semantics are being argued at the moment in the United States over health care but the question needs to be asked globally, just as it is on climate change and on the financial markets.

The global implications of poor OHS management and practices needs to be placed on the policy agenda not only of the ILO, United Nations and trade union movement, but the business groups, and professional associations who need to develop their social charters.  If those voices are not added to the debate, safety will also be a fringe issue and it is too important for that.

Kevin Jones

Australian Safety Ambassadors

Safe Work Australia introduced a program of safety ambassadors in the lead-up to Safe Work Australia Week 2009.  The editor of SafetyAtWorkBlog was chosen as one of this year’s ambassadors.  Kevin Jones was also featured in the authority’s newsletter, the Safe Work Australian, that is available for download.

There were no formal requirements of the title other than promoting Safe Work Australia Week.  From the list of ambassadors on the Safe Work Australia website, most already have a strong record of advocating safe work practices.  Being an ambassador seems to have simply provided a topical focus, or additional motivation, for promoting the week.

Safe_work_Australian Oct 09 kj

EHS workshop report and Australian nanoparticles reports

In October 2009 a workshop was held on worker safety by the  Worker Education and Training Program (WETP), a part of the US National Institute of Environmental Health Sciences.  Many of the topics raised in the workshop – REACH, Globally Harmonized System (GHS) of Classification and Labeling of Chemicals, and nanotechnology would be issues or hazards familiar to most SafetyAtWorkBlog readers.

EffectivenessReport coverThis report on the workshop, released in November 2009, is highlighted here because it is a very good example of a basic report on a workshop that makes the reader regret that they couldn’t be there.  This respond encourages readers to make the extra effort for the next set of workshops – a major benefit of such reports and, sometimes, the main reason.

The mention 0f nanotechnology is a good link to two new reports on the issue released by Safe Work Australia on 4 November 2009.

Engineered nanomaterials: Evidence on the effectiveness of workplace controls “explores the effectiveness of workplace controls to prevent exposure to engineered nanomaterials.”  According to a media release on the reports this report found:

  • “current control and risk management methods can protect workers from exposure to engineered nanomaterials
  • enclosure of processes involving nanomaterials and correctly designed and installed extraction ventilation can both significantly reduce worker exposure to nanomaterials, and
  • a precautionary approach is recommended for handling nanomaterials in the workplace.”

Pages from ToxicologyReview_Nov09The lack of available health effects data has directly led to the precautionary position in recommendations but it is good to see that the hierarchy of controls (old technology) is being applied to new technology. The report gets to a point of recommending a combination of

“…controls [that] should provide a robust regime through which nanomaterials exposure to workers will be reduced to very low levels.”

The bibliography in this report is also excellent and includes a comparative table of the research reports and papers analysed.

Engineered nanomaterials: A review of toxicology and health hazards was a literature review that  reports:

  • “there is no conclusive evidence to suggest that engineered nanomaterials have a unique toxicity. However, sufficient toxicity tests have not yet been conducted for most engineered nanomaterials
  • nanoparticles tend to be more bio-reactive, and hence potentially more toxic, than larger particles of the same material, and
  • carbon nanotubes are potentially hazardous to health if inhaled in sufficient quantity.”

Nanotechnology is a difficult area of OHS study as there is so much research material coming through that it is (probably more than) a full-time job just to stay current.  The literature review into toxicology makes a point that it is important to remember in this field.

“A wide variety of in vitro and in vivo experimental protocols have been used to assess biological responses to NPs, some of these yield more useful data for occupational risk assessment than others.  Some are potentially misleading.” [emphasis added]

The second of these reports was a good introduction to the general issues of health risks but must be stressed that these reports deal with engineered nanoparticle(s) (ENPs) which are defined as

“A nanoparticle with at least one dimensions between approximately 1 nm and 100 nm and manufactured to have specific properties or composition. “

Increasing research into any issue almost always leads to a fragmentation of the discipline into subsets.  That research into engineered nanoparticles is different from regular nanoparticles needs to be remembered.  As the report itself says

“…the major thrust of the research is in relation to identifying potential hazards for assessment of occupational safety since working with ENPs is likely to be where most exposure occurs. In contrast to ambient particulate air pollution, where health effects have been observed and research has been aimed at discovering the causative agents and mechanisms, the reverse is true for ENPs.”

Tom Phillips AM, chair of the Safe Work Australia Council said , in a media statement,

“Safe Work Australia has requested that the National Industrial Chemicals Notification and Assessment Scheme undertake a formal assessment of carbon nanotubes for hazard classification to clarify regulation of these nanomaterials.

“We have also requested that CSIRO develop guidance for the safe handling and disposal of carbon nanotubes, which will be a useful resource for OHS managers.”

It is good to see Safe Work Australia (now an independent statutory body) take one of the ACTU recommendations from its 2009 factsheet.

Kevin Jones

Management – the importance of what comes before

A special guest for the Safe Work Australia events in Queensland was Matthew Gill, former Beaconsfield Gold mine manager.  According to a media statement from the Government

“Matthew Gill who was the public face of the Beaconsfield mine rescue will speak about how he immediately took control of the emergency and then implemented rescue operations for the three missing miners,” [Workplace Health and Safety Queensland Executive Director, Dr Simon Blackwood] said.  “Mr Gill maintained an unwavering commitment to the safety of the people conducting the rescue and to the trapped miners.

“He oversaw the rescue teams which battled 24 hours a day for 14 days to release the two miners trapped almost 1km underground. Mr Gill will relive the emotional story of finding Larry Knight’s body and having to talk to his family afterwards.

“Previously he has been involved with mine rescue at rock falls at Mt Lyell in Tasmania and in Papua New Guinea, but Beaconsfield was the first time that he had such ‘hands on’ involvement.”

Matthew Gill has a lot of skills to share on disaster management and media handling but a lot of that skill seems to come about after the rockfall in 2006 that killed Larry Knight.

Cover KNIGHT,_Larry_Paul_-_2009_TASCD_25Prior to that time, in 1995 to 1997, Matthew Gill was the Responsible Officer for the mine.  From 1997, Gill appointed other people to undertake the role that is required by legislation.  Sometimes there were three people in the role at the same time.  Professor Michael Quinlan was quoted in the Coroner’s report saying that

“……….the very notion of appointing a Responsible Officer would have little meaning unless that person so appointed exercised overall control of the workplace and could therefore make critical decisions in relation to OHS not simply recommend them, be part of them, or make decisions but not others than might affect safety. For example, as Responsible Officer Mr Ball was a participant in decisions on mine design and mining methods – decisions that have a critical effect on the safety of underground workings – but he was not the only or final decision maker.”

The Tasmanian coroner Rod Chandler,agreed that there should be only one Responsible Officer and that the legislation be amended to reflect this.

Media reports of the inquest into Larry Knight’s death reported that after rockfalls in October 2005 and various risk consultants’ reports Matthew Gill undertook some remedial work on the mine and in February 2006, Gill declared the mine safe to restart mining.  The decisions made on the basis of those consultants’ reports came under close scrutiny in the coronial inquest.

On 10 November 2008, AAP’s Paul Carter reported the following:

Lawyer Kamal Faroque [representing the Knight family and the Australian Workers’ Union] told Coroner Rod Chandler in Launceston that Allstate’s management failures contributed to Mr Knight’s death…. Mr Faroque said mine manager Matthew Gill was ultimately responsible for deficiencies in the mine’s ground supports.  “It is submitted that deficiencies in ground support contributed to the Anzac Day rockfall which killed Mr Knight,” he said.

He also said there was no reasonable basis for Allstate to conclude that it was safe for workers to return to the area after two earlier rockfalls.

“Mr Gill accepted responsibility for the decision to recommence stoping in the western zone following the October (2005) rockfalls,” Mr Faroque said.  Stoping is a mining method in which underground chambers are opened up deep beneath the surface.

Mr Faroque said the risk management process conducted following the October 2005 rockfalls was inadequate.  “It is submitted that these failures are a sound foundation for a finding that Allstate contributed to the death of Larry Knight,” Mr Faroque told the court.

There is no doubt that Matthew Gill was integral to the successful rescue of Brant Webb and Todd Russell but Gill had been employed at the mine for over a decade before the fatal rockfall and therefore was also involved with the decision-making leading up to the rockfall.  The decisions made by the company over many years should be analysed to see the combination of bad, poor, or short-term decisions that ultimately led to Larry Knight’s death and the entrapment of his colleagues.

The rescue of Webb and Russell is an exciting tale with a happy ending and at least one book and several long articles (even a school lesson plan) have been written about this.  The most lasting lessons for safety professionals, mine managers and business operators would be what contributed to the bad decisions leading to Larry Knight, Brant Webb and Todd Russell being in an unsafe working environment during a rockfall.

This is a more complex story that requires knowledge of geology, the stock markets, corporate accountability, OHS and mine safety regulations.  If this story had been Matthew Gill’s presentation during Safe Work Australia Week, it would have been worth travelling to Queensland to hear.

Kevin Jones

Amputations, shocks and burns – court cases

In late October 2009, there were several OHS court cases in Australia that raise issues that need to be kept at the forefront of the thoughts of safety managers, safety professionals, workers and business owners.

Amputation

One case in South Australia identified the need to have sufficient detail in policies and procedures for workers to be safe.  The comment of Industrial Magistrate Michael Ardlie is particularly important.

Beerenberg Pty Ltd was fined $A9,000 dollars for breaching OHS law

“The incident happened in May 2007 at the company’s Hahndorf premises. A female employee was operating a mincer as part of the process of producing green tomato chutney.

The court was told that at the conclusion of the task, the employee switched off the machine but noticed a piece of tomato hanging from the mincer plate. She went to flick the piece off, but in doing so lost the tip of her index finger.

SafeWork SA’s investigation concluded that the woman’s finger had gone through one of the holes in the mincer plate and come into contact with the cutting blade behind, which was still winding down after the machine was switched off.

The fingertip could not be reattached, but the woman returned to work with the business after five weeks. Aside from the cosmetic appearance, there remains some numbness in the finger.

In his penalty decision today, Industrial Magistrate Michael Ardlie acknowledged that while there was a safe operating procedure written and a warning sign in place, these measures alone were insufficient.

“(The measures) did not specifically warn employees of the dangers presented by the moving parts of the mincer after the mincer had been turned off… the procedures in place did not go far enough.”

Since the incident, the company has fitted a purpose-built distance guard as well as an interlock that shuts the machine down once the guard is removed.”

Magistrate Ardlie fined the defendant $9,000 this being its first offence.

Crushed Fingers and Guarding

The same Industrial Magistrate as above, McArdlie, had to deal with a very different case.  Whereas Beerenberg was facing its first offence, OE & DR Pope are on their fifth.

“SafeWork SA prosecuted OE & DR Pope Pty Ltd after investigating an incident at its Wingfield printing plant in March 2007.

A 34-year-old male employed as a machine operator, suffered crush injuries to three fingers of his right hand, which were caught between moving rollers.  While he returned to work after three weeks, he suffered residual sensitivity problems, and left the business in December 2007 for unrelated reasons.

The court was told that the operator had attempted to clean dry spots from a roller without stopping the machine, and was able to gain access to the moving parts through a 70mm gap in the guarding.  Furthermore, the employee’s usual assistant was not available leaving him to perform two roles on the machine.  The supervisor who also should have been present was elsewhere on the premises at the time.

In his decision on penalty handed down today, Industrial Magistrate Michael Ardlie noted that the machine involved had replaced another involved in a previous injury, but that a risk assessment failed to identify the problem which ultimately occurred:

“Whilst the defendant prior to the incident did assess the machine, installed a guard and introduced a Standard Operating Procedure, the steps it took were inadequate.”

The court was told that this was the company’s fifth offence dating back to 1998, and all previous incidents resulted in similar injuries from similar circumstances.

Therefore, being a subsequent offence under the Occupational Health Safety and Welfare Act 1986, the defendant faced a maximum fine of $A200,000. Magistrate Ardlie fined the company $A40,000.”

Fifth incident in just over ten years – “similar injuries from similar circumstances”.  The reduced fine of $A40,000 seems a little odd in this context.

There are several elements that are disturbing in this case – ineffective guarding, excessive or conflicting workload and absent work supervisor.

Overhead Hazards

Just as falling in some workplaces is as “easy as falling of a log”, so it is that many people forget to look up.  A court case in Western Australia has fined Shrigley Drilling Contractors $A40,000 after one worker was shocked and another burnt when their drilling rig tilted into high-voltage overhead powerlines in 2006.

“Laurence Victor Shrigley – trading as Shrigley Drilling Contractors – pleaded guilty to failing to ensure that the workplace was safe and, by that failure, causing serious harm to another person and was fined in the Perth Magistrates Court this week.

In May 2006, Western Power had contracted Outback Power Services to perform works and construct a voltage regulator at Eneabba. Outback Power had contracted Mr Shrigley to perform drilling works.

On May 17, Mr Shrigley and an electrical contractor were engaged in drilling holes with a drilling rig underneath power lines. The position in which the drilling contractor chose to place the rig required him to raise the mast very close to the power lines.

In repositioning the rig, the left-hand outrigger was raised and the mast tilted towards the power lines. The mast touched the power lines and Mr Shrigley received an electric shock and was thrown backwards from the drilling rig.

Another man, who was driving the truck that carried the drilling rig and was working with Mr Shrigley on a voluntary basis, also received an electric shock serious enough to set his clothing on fire. He sustained burns to around 60 per cent of his body.

The court heard that no formal pre-start meeting had been held before the work commenced, and no directions were given for the work, with the exception of where the holes were required to be placed.

Mr Shrigley had not checked whether the power lines were live, or attempted to make any arrangements for the power in the area to be isolated.”

The features in this case include contractor management, using a volunteer,  inadequate preparation, and inadequate number of workers (apparently, no spotter).

It is understandable that cynicism is rampant in the safety profession when the same work practices lead to injuries in the 21st century just as they did in the 20th and sometimes in the 19th.

Kevin Jones

Gov’t responds to insulation installer’s death

Recently SafetyAtWorkBlog reported of the death of a worker installing insulation in a domestic home.  A staple for the foil insulation apparently pierced an electrical cable and electrocuted the worker.

The Queensland Government has introduced mandatory provisions to avoid the hazard in the future.  In a media release on 1 November 2009, the Industrial Relation Minister, Cameron Dick,

“… issued a ministerial notice under the Electrical Safety Act 2002 to prohibit the use of metal fastenings for ceiling insulation.”

The ban is effective from 1 November 2009.

It may already be the case, elsewhere in the world, that non-conductive fasteners are used for installing metallic insulation.  If not, the rules introduced by the government should prove useful references.

“The ministerial notice means that installers will have to use nylon or plastic fasteners (which are already in use within the industry), glue or tape to fix foil insulation in ceilings.

As well as banning metal fasteners, the notice also:

  • forces insulation installers to comply with the Wiring Rules with respect to the placement of any type of insulation near recessed downlights
  • makes electrical safety risk assessment training mandatory for all installers
  • forces installers to document their on-site electrical safety risk assessments and keep a record f or five years.”

Such a mandatory rule is clearly a necessary short-term fix but it does little to address the concerns of the Master Electricians Association.  Training and enforcement are the long-term solutions but policymakers must also anticipate the applications of their policies more closely.  New policies should not be announced in an industry that does not have the resources to meet the policy’s aims.

Kevin Jones

Grandad’s disease

Almost as a follow-on from the Matt Peacock podcast the UK’s Health and Safety Executive has given asbestos the feature slot in its October 2009 podcast that has just been released.

The podcast and accompanying campaign is aimed at the recent tradespeople who may be under the impression that, as asbestos was banned in the UK in 2000, that the hazard no longer exists.  This is not the case and the podcast pushes this point.

The podcast also mentions how people panic when  there is any risk of exposure to asbestos.  Strangely, the speakers say that harm from asbestos is more likely to come from prolonged exposure than from a single fibre.  This seems to contrast with the asbestos campaigns of the past and given that symptoms of asbestos-related diseases can appear “out-of-the-blue” decades later, the statement sounds odd.

The HSE podcast can be downloaded HERE.

Kevin Jones

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