Category: politics

Tasers as personal protective equipment

SafetyAtWorkBlog supports the use of tasers, or stun guns, as a control measure that eliminates or reduces the chances of a police officer being seriously injured but concerns continue around the world about the application of tasers. In 2008 the New South Wales government came to a decision of sorts on tasers.   Following the recent death of a man in Queensland from a taser, the focus has shifted to that States.

In an OHS context tasers could almost be considered a piece of active personal protective equipment (PPE), if there can be such a thing.

Recently Dr Jared Strote of the Division of Emergency Medicine at the University of Washington Medical Center said

“It is fairly clear that the use of TASERs on healthy individuals is rarely dangerous (there are hundreds of thousands of uses in the US without serious outcomes). The question is whether there is a subset of people for whom there is a higher risk.

The problem is that the individuals who have died in custody temporally associated to TASER use are the same types who are at higher risk of death during police restraint no matter what type of force is used.”

Dr Strote also illustrates the cost/benefit issue that OHS professionals must deal with constantly

“The issue is probably less whether or not TASERs can cause death (they probably can but very infrequently); the better question is whether their net benefits (potential to avoid using more lethal weapons (like firearms), potential to decrease risk to officers, etc.) outweigh the potential costs.”

Two studies by Dr Strote – “Injuries Associated With Law Enforcement Use Of Conducted Electrical Weapons” and “Injuries Associated With Law Enforcement Use Of Force,” were presented at a forum in New Orleans in mid-May 2009.

A UK expert, Dr Anthony Bleetman, a consultant in emergency medicine says

“Tasers have been used on human subjects probably about a million times, some in training and a lot in operational deployment. With any use of force there is a risk of death. But when you look at the big picture the death rate after Taser is no higher than with other types of force. But what we do know is that there is a certain type of individual who is at greater risk of death after police intervention – the so-called excited delirium state where somebody, usually a male in their 20s or 30s, often with a psychiatric history, often on illicit drugs or psychotropic drugs, has been in a fight or pursuit, physically exhausted, not feeling pain, dehydrated and hypoxic. And then you add on top of that physical restraint by police. These are the ones that die and they die whether you Taser them or don’t Taser them.”

Bleetman explains the role of tasers in comparison with other active PPP:

“Police officers have a whole spectrum of options to use in force from talking to people to laying their hands on people to using capsicum sprays, batons and dogs. And then there’s a gap until you get to firearms when you shoot people. So between batons, dogs, sprays and guns, Tasers sit quite nicely to use against people who are so agitated and so dangerous to themselves and others that the only way to take them down is something as lethal as a gun or as dangerous as a police dog.”

Many American studies and statistics must be treated with caution as tasers are readily available to the general public and therefore operate unregulated. However in 2005 the American Civil Liberties Union undertook a study of law enforcement agencies. According to an Associated Press report from the time written by Kim Curtis:

“The ACLU surveyed 79 law enforcement agencies in Northern and central California, according to spokesman Mark Schlosberg. Of those, 56 use Tasers and 54 agencies provided the ACLU with copies of their training materials and policies regarding stun gun use. Among the organisation’s major concerns was that only four departments regulate the number of times an officer may shoot someone with a Taser gun.”

This last point has been one of the most contentious points of the recent case in Queensland where a police taser was discharged 28 times.

Taser use is a very complex issue, as are most PPE and OHS issues when dealing with emergency services. It may be possible to take some hope from the deterrent effect of tasers identified by the Delaware State Police in some recent budget papers:

“We have encountered numerous incidents where the mere presence of the Taser on the troopers’ belts has discouraged defendants from resisting arrest.”

Kevin Jones

Prophet and Loss – review

I bought tickets to the Jane Woollard play Prophet & Loss in almost totalProphet & Loss 002 ignorance of the play and, as a result, sat in the old church on a cold Winter’s night wondering what I was in for.  The program was detailed but I hadn’t time to read it.  I knew the play was about issues related to workplace death.  That’s the “loss”.  The “prophet” was Isaiah and that was the element that I could not understand without later reflection.

However, finding out about Isaiah could wait till we got home and then we could research a further dimension to what we saw.  The stories that told of the impact of workplace fatalities on families and workmates were compelling although a couple were familiar to me.  They told of bureaucratic confusion, the disinterest of insurance company call centre staff, the psychological legacy of a traumatic death and the inability to understand the survivor experience without having experienced it firsthand.

The venue was small but high and so the actors were close and the pain and grief was well presented.  All of the actors were very good even though I was sure I had seen one of them before somewhere.  It wasn’t till I looked at the program that the actor who looked like Helen Morse was indeed Helen Morse.

The stories’ subjects were frustrating and bleak, there is little opportunity for humour on this topic, but there was opportunity for theatricality and motion.  Fanny Hanusin broke the rhythm with her portrayal of Merpati who was hyperventilating in panic over the lack of understanding of her situation.  As Glynis Angell, the grief counsellor, Merrilyn, began breathing slowly to decrease Merpati’s panic, most of the audience were breath along.

All of the actors interchanged roles, with each taking a turn as an overcoated Isaiah writing on the wall and speaking ancient Hebrew (I later found out).  The role changes worked well on reflection but I could not work out the thematic structure of the play until three-quarters in.  The different outfits, the stories, Isaiah, were all confusing because the pairing of the characters with the stories took too long to establish.  I am not a great wearer of hats but the different characters could have been more readily identified by the audience with hats, as well as the changing of clothing.  Hats are more visible and illustrate different identities more clearly.  It may have shortened my confusion.

What differentiated this play from a series of monologues, given that I didn’t understand the Isaiah context, was the music.  The soloist, Deborah Kayser, the seraphim, sang beautifully and the acoustics of the venue were ideal although the 13th century language was totally lost on me. (A sample of Kayser’s singing can be heard online) I have never heard a double bass played to such beautiful effect as was played by Nick Tsiavos.  The depth of sound from a bow on bass could be felt in one’s chest and how he was able to pluck and stroke those strings at the same time was a mystery until he came into the light in the second half.

Kayser and Tsiavos, the seraphim, were a musical Greek chorus to the tales of grief and frustration.  This role was perhaps emphasized by their wings which were effective but initially confusing.  Kayser introduced the play in character with words that were cryptic but set the tone for the play.

The staging was effective in its industrial appeal and the use of 44-gallon drums as props and seats worked.  Early on the actors slowly rotated these drums to provide a chilling sound which I was hoping for more of throughout the play.

Each character laid out the clothes or uniform of their deceased loved one through the play, providing a useful personal profile that complemented each story.  I recall one character had worn her partner’s clothes for three days in a grieving intimacy.  She would only relinquish the clothes when they no longer smelt of her partner but now of her.

The play was being performed at the Centre for Theology and Ministry near the University of Melbourne for a limited season and as a lead-in to a major theological conference.  The play was supported by the Creative Ministries Network that provides a counselling service for those affected by workplace fatalities.

Prophet & Loss could travel well with its combination of an occupational/social theme, beautiful music and faith.  Please look out for it.

Kevin Jones

Level crossings and safety management

Regular readers will know that SafetyAWorkBlog believes that there is little justification for road/rail crossings, particularly in metropolitan areas, and that grade separation should be the aim of any crossing upgrades.  Too often governments dismiss grade separation without serious consideration because it is usually the most expensive control option.  Regardless of expense, elimination of hazards must be considered in public safety policy and OHS.  It is only after the elimination of a hazard is seriously considered that lower order control measures are seen to be valid.

At the moment in Victoria, there is community outrage because the truck driver involved in the deaths of 11 train passengers at a level crossing at Kerang has been cleared of any legal responsibility for the deaths.  Several relatives of victims are pursuing civil action against the driver, Mr Christiaan Scholl.

The wisdom of civil action against the driver is debatable as any potential financial “win” will come from the insurance pockets of the Transport Accident Commission and not Mr Scholl.  Compensation may be gained but any hope that the action could be seen as a “penalty” is false.

The Kerang rail crossing illustrates some basic OHS issues:

Worker responsibility

The Kerang level crossing had design deficiencies that had repeatedly identified by a number of government authorities, local companies and the public.  The court case heard that the crossing was known to be dangerous.

In OHS, known hazards are controlled in a number of ways.  Clearly the rail and road traffic was not separated and engineering controls were not introduced at the time of the incident.  The owners of the crossing (and this is debated also) determined that signage was appropriate (or even perhaps “as far as is reasonably practicable”?).

Clearly signage was not adequate but there is also the issue of driver (worker) responsibility.  It was mentioned in court and repeatedly in the media that the level crossing was known to be dangerous.  Why then, would drivers continue to treat the crossing as if it was not?  The legal speed limits remained at 100kph, at the time of the incident.  The road laws clearly state that road traffic must give way to rail traffic and yet drivers have admitted to complacency.

This is perhaps the source of a lot of the community outrage in relation to the Kerang incident.  The findings in favour of the driver place all the responsibility for the incident on the inadequate design of the crossing.

Working environment

As employers have responsibility to ensure a safe and health work environment, so government has a social and legal obligation to make public areas safe.  Victorian governments for decades have neglected the hazards presented by inadequately designed or controlled level crossings.  Governments must take responsibility for inaction just as much as taking credit for action and infrastructure improvements.

Infrastructure spending had started to increase prior to the incident but the need was sharply illustrated through the unnecessary deaths of 11 rail passengers.  Many Australian governments are spending millions of dollars on rail/road crossing upgrades as a result of the Kerang incident.

Road Safety and OHS

Many OHS professionals illustrate OHS by drawing on road safety.  The correlation is very poor but the attempt is understandable – most people drive, they drive within strict laws that were learnt in training (induction), and the road laws are enforced by an external body (police = WorkSafe.  However, this relationship has no corresponding role for employers, who have a workplace responsibility.  The road user has a direct relationship with the regulator. In OHS the role of the employer is crucial.

Perhaps the Kerang incident and other level crossing incidents could be used in brainstorming to illustrate personal accountability, employer accountability and government responsibility.  It would be a worthwhile exercise to discuss whether road safety and workplace safety could share as many educative elements as some of the advocates suggest.

As with most posts on SafetyAtWorkBlog, these thoughts are a work-in-progress and debate and commentary are welcome.

Kevin Jones

Note: SafetyAtWorkBlog is not privy to any of the court evidence and must rely on media reports.  More information will be presented when available.

Does union presence improve OHS?

The trade union movement is an important element in the management of safety in workplaces but over the last twenty years, with the exception of a couple of industry sectors, the membership numbers have waned.  Until recently in Australia, the union movement was able to maintain a level of influence in the government decision-making process that was contrary to its declining membership.

Last week the Deputy Prime Minister, Julia Gillard, told the ACTU to stop lobbying the government and instead generate innovation, enthusiasm and members by reintroducing itself to the community.  Union membership spiked in response to its anti-Howard government advertising over three years ago but any membership based on fear is unsustainable.

Paul Kelly in today’s Australian is more forthright about the trade union position in society and politics but it is clear that the union movement needs to refocus.

Health and safety representatives (HSRs) have been a major element of the enforcement of safety standards in workplaces.  Some OHS legislation in the last decade has had to emphasise non-union consultation on safety issues to balance the declining presence of HSRs.  New research from Europe has found the following

three researchers reviewed
the studies done on the matter in Europe. They
conclude that having trade union representation
leads to better observance of the rules,
lower accident rates and fewer work-related
health problems.

“having trade union representation leads to better observance of the rules, lower accident rates and fewer work-related health problems.”

Transposing these findings into a non-European context is unwise but the research could provide a model for independent research and a comparative study.

Regrettably the report is not available for free but can be purchased through the European Trade Union Institute.

Kevin Jones

New transport fatigue commitments

Also at the ACTU Congress in early June 2009, the Deputy Prime Minister, Julia Gillard, also made commitments to improves the health and safety of transport workers.  In her speech, Gillard said

And through tripartite engagement we will be reforming independent contracting and the transport industry. 
Australia’s truck drivers work hard to make a living.  But they shouldn’t have to die to make a living.  And we will be working on safe rates to prevent them from having to take that risk. 
We will work with the Transport Workers Union and responsible employers to make sure that drivers are paid for all the work they do. 
We will make sure that payment methods and rates do not require drivers to speed or work excessive hours just to make ends meet.

And through tripartite engagement we will be reforming independent contracting and the transport industry.

Australia’s truck drivers work hard to make a living.  But they shouldn’t have to die to make a living.  And we will be working on safe rates to prevent them from having to take that risk.

We will work with the Transport Workers Union and responsible employers to make sure that drivers are paid for all the work they do.

We will make sure that payment methods and rates do not require drivers to speed or work excessive hours just to make ends meet.

Tony Sheldon of the Transport Workers Union conducted a press conference shortly afterwards and the press release said:

Transport Workers Union Federal Secretary, Tony Sheldon, said it was time to put an end to the carnage on Australia’s roads where 280 people die each year from heavy-vehicle-related incidents.

“Trucks make up 2 per cent of registered vehicles on our roads but are involved in 22 per cent of fatalities,” Mr Sheldon said.

“We need to make sure owner-drivers and employees are paid for their waiting time, for increases in fuel prices and for proper maintenance on their vehicles so they are not forced to do ‘one more load’ and push the boundaries to make ends meet.”

Australia’s transport industry have been the leaders in getting fatigue on the OHS and industrial relations agenda over the last five years.  

The implication in Sheldon’s words above is that fatigue and delivery/schedule pressures are generating road fatalities of drivers and other road users.  The Deputy PM made the same link between remuneration and safety. (If any readers can point towards the evidence behind the rhetoric, it would be appreciated).

The challenge for the TWU and, to a lesser extent, the governemtn is that unions represent a minority of transport drivers and so the coverage of union rules and codes of conduct have limited effect.  That is not to say that the limited effect is not important but the Deputy PM told the ACTU Congress what it needs to do to make these OHS and IR changes a reality.  

Gillard told the congress delegates that they needed to get out into the community and start building membership, as membership is strength.  This is particularly important on those policies and initiatives such as OHS and transport safety, where there is broad community impact.  

Some of the proudest achievements in the Australian trade union movement have come from those social contracts that have improved living conditions and health, not only just salary levels, to those workers in Australia who struggle to stay financially viable.  The union movement needs to reinvigorate its members and itself to improve the quality of life for all and not just the pay packets for some.

Kevin Jones

Australian Minister’s latest comments on OHS law reform

Last week the Deputy Prime Minister, Julia Gillard, spoke at the ACTU Congress for 2009.  Industrial relations was clearly the principal agenda issue but Gillard did mention OHS.  The relevant OHS text of her speech is below.

For those wishing more information about her rowdy reception, coverage is available at several Australian news sites.

The OHS content got no mention in any of the mainstream press and some of the political websites also ignored it.  

Prior to the Deputy PM’s speech, the congress held a minute’s silence for all those who lost their lives through traumatic injuries at work.  The Deputy PM was presented with a petition (details to come). 

During the silence, two relatives of  young construction workers in Queensland who had died, were on stage.  On screen a role call of the dead scrolled slowly as a backdrop.  

Occupational Health and Safety

Friends, as representatives of working Australians you know that nothing is more important to them than safety at work.

Recently State Ministers for occupational health and safety and I reached a vital reform milestone: agreement for the creation of a uniform national occupational health and safety regime. 

This is a massive advance for workplace safety. As you will recall, the first, but ultimately unsuccessful steps towards a uniform occupational health and safety regime were taken by the Hawke Government in 1984.  25 years is too long to wait for better laws to cut preventable workplace deaths and accidents.  But we are now primed to achieve a great outcome for Australian workers and businesses alike. 

Under current occupational health and safety laws, only four jurisdictions allow workers to stop unsafe work – Western Australia, Tasmania, the Northern Territory and the ACT.  This represents approximately 14.5% of Australian workers. The new occupational health and safety laws will extend this right to all Australian workers.

For too long employers have thought that they could cut costs by cutting corners on health and safety.  Under these new laws every employer will understand that cutting corners comes at a huge price. 

The penalties under the new occupational health and safety laws will far exceed existing penalties in today’s legislation in Australia.  Currently, the highest maximum fine for a corporation is $1.65 million.  In some jurisdictions the maximum is significantly less.  Under the new laws, the maximum will be increased to $3 million, almost double the largest penalty in the country today. 

Through the tripartite body, Safe Work Australia, you will be partners in developing the model laws for this new national system. 

Kevin Jones

Union movement misdirects on OHS

According to an AAP report on 3 June 2009, the ACTU is forecasting action on the matter of workplace deaths.  Although the issues is heartfelt and important, the Australian union movement mostly discusses OHS in relation to its opposition to the Australian Building and Construction Commission.  The AAP report is a good reflection of this.

ACTU secretary Jeff Lawrence states that the rate of workplace fatality is unacceptable but is then quoted as saying

“The high level of deaths and injuries in the construction industry is a national disgrace and yet safety standards have got worse in the period the Australian Building and Construction Commission (ABCC) has operated.”

It has never been the role of the ABCC to regulate workplace safety obligations.  That obligation sits with the State OHS authorities and maybe the Australian Safety & Compensation Council (now Safe Work Australia).The union movement has been instrumental in improving safety on worksites throughout Australia but Jeff Lawrence’s misdirection to the ABCC does a disservice to the efforts of OHS professional and health & safety representatives.

Kevin Jones

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