Category: rehabilitation

Safety awards and the new media option

In yesterday’s article on Kerrin Rowan, mention was made of how important local community support is.  A reader has drawn our attention to a front page article in the Plains Producer newspaper of 9 October 2008 (not available online)

It reminded us of the significance local newspapers have in the rewarding the achievements of local citizens and that the front page article, inversely, illustrates how almost all daily metropolitan newspapers ignore OHS and RTW award winners.  There seems to be no mention of Kerrin in the online site for The Adelaide Advertiser.

But then safety awards seem not to be newsworthy.  Daily newspapers seem to see safety awards as a marketing tool and throws them all in the PR basket, even those worthy of greater attention. Kerrin’s story is one of the few exceptional rehabilitation stories and yet even with this level of “human interest”, such a story is ignored.

The newspapers are happy to receive the advertising revenue for a half page ad inserted by the OHS regulator congratulating the award winners but no one in the newspaper publishers seems to see any newsworthiness in the award winners.

Perhaps it is time for the OHS regulators to give up trying for the attention of the traditional media and go Web 2.0 with blogs, Twitter and Youtube.  Although, SafetyAtWorkBlog would still be looking for the human interest.  Recently we did not report on some OHS award winners for OHS management systems, principally because it is difficult to describe explain such a system in an article.  What could be done is to report on the significance of the award for the winners but that does not assist readers with OHS solutions, one of the aims of our blog.

OHS people and blog readers like pictures and video.  They like to use the technological capacity of the internet in a combination that traditional media cannot match.  OHS regulators and award conveners could do more to support the newer media by a prompt turnaround in video or images from the awards night.  These are already produced before, or on, the awards nights but often take over a week, if at all, to be accessible to the media.  The new media and its readers want immediacy and immediacy allows the community to share in some of the exhilaration felt by the award winners.  Topicality is tenuous.

Some OHS awards have been running for over ten years but still gain no traction in the metropolitan newspapers.  Our advice is to embrace the new media and see where it leads.

Kevin Jones

Serious injuries can occur regardless of good OHS intentions

SafeWork South Australia has illustrated a situation that is common in Australian workplaces – no matter how hard one tries to ensure safety, things can still go wrong.  In a court case on 20 November 2009, four farm operators were fined over a foreseeable incident that cost a 20-year-old the sight in one eye as well a fractured skull and paralysis, from falling three metres.  According to a SafeWorkSA media release

“The incident occurred in May 2006 as the farmhand, aged in his early 20’s, was working on a large stock crate prior to mustering sheep for shearing. The crate had been borrowed from a neighbour. The farmhand had to stand on a small platform three metres off the ground and operate a manual winch to lower a ramp within the crate.
During this task, the winch handle forcefully struck the man in the face, after which he fell from the platform to the ground. This resulted in skull fractures and the loss of sight in his right eye, and spinal damage, which left him paralysed.”

The farmers had preventative management measures in place prior to the incident and have made considerable changes to the workplace to enable the worker to return to work.

The comments of Industrial Magistrate Stephen Lieschke in his judgement are worth noting

“While (they) believed they were being comprehensive in their safety improvements, they appear not to have given the same attention to the stock crate as to their own plant and equipment, probably because it was occasionally borrowed to them.”

The defendants were fined $A28,000, a hefty fine compared to some given out in the same jurisdiction.  This figure was after a higher than usual 30% penalty reduction.  Industrial Magistrate Lieschke applied the discount because of an “exceptionally high level of demonstrated contrition”.  The magistrate puts it this way

“General deterrence does require a substantial penalty due to the prevalence of serious injury from the obvious danger of unprotected work at height, and due to the need for employers to take a structured risk assessment and control approach to all work processes and plant.

As first offenders the defendants are each exposed to a maximum fine of $100,000. In my opinion a notional total penalty based on a starting point of a fine of $40,000 is appropriate after taking account of all the above circumstances. After reduction by 30% this results in an aggregate penalty of $28,000. This in turn results in a fine of $7,000 for each defendant.

I also record a conviction against each defendant.”

SafeWorkSA advised SafetyAtWorkBlog that they did prosecute the owner of the stock crate but that, in February 2009 also heard by Industrial Magistrate Lieschke, the charges were dismissed.
Also, the injured worker, Kerrin Rowan, received a worker achievement award from WorkCover in 2008 and clearly the support from the local community is important.

Crushed finger leads to claim and Court

Regularly in OHS  submissions to the government and on OHS discussion forums, safety professionals state that industrial relations should be kept separate from workplace safety issues.  In a perfect world ? Possibly, but there was a court decision on 13 November 2009 in Australia that shows that this separation is not possible in the modern world.

According to a media statement from WorkSafe Victoria:

Concrete panel supplier, The Precast Company, pleaded guilty in the Dandenong Magistrates Court on Friday 13 November to failing to provide an injured worker with suitable employment as required under Victoria’s workers compensation legislation.

The Court heard that the injured worker was employed as a crane operator when he suffered a crush injury to his finger. He attended Dandenong hospital and 5 days later was certified as being fit for alternative duties.

Two weeks later, he left work early on a Friday to attend his doctor. When he returned to work the following Monday he was informed that he had abandoned his employment and had no right to be there.

At the time, the company defended its action stating the worker had not been dismissed, but instead had walked out of the workplace half way through the day without reason.

As the injured worker had an accepted workers compensation claim, The Precast Company, in dismissing the injured worker, had failed to provide suitable employment despite the worker being certified as fit for alternative duties. Under the State’s workers compensation laws, an employer is required to provide employment to an injured worker who has a capacity for work.

The company pleaded guilty to one charge of failing to provide suitable employment and was fined $2,500 without conviction and agreed to pay costs of $1,500.

WorkSafe’s own summary of court action provides more details:

The defendant company operates in the building and construction industry. It has declared annual remuneration of about $2 million and has 45 full-time employees.  An employee working as a crane operator suffered a crush injury to his finger on 1 April 2008 and was issued with a certificate of capacity certifying him ‘unfit for all duties’ from 2-4 April and fit for alternative duties from 5-16 April. The worker returned to work on 7 April on light duties.  He left work early to attend a doctor’s appointment and returned to work on 14 April and continued light duties. He saw his doctor on 17 April and was issued a further alternative duties certificate from 17 April -1 May.

On 18 April the worker left work around midday to attend his doctor’s later that afternoon when he was issued with another certificate. At this stage he had still not submitted a claim form. When he arrived for work on 21 April he was told that he had abandoned his employment and had no right to be there. He went home and soon after sought legal advice. He lodged a claim for compensation that day which CGU accepted.

The defendant company’s director wrote to WorkSafe stating that the worker was not dismissed but had abandoned his employment on 18 April 2008. The director was overseas on that date and his explanation is based on what other staff have told him. The foreman provided a statement to a circumstance investigator that on 18 April the worker “just walked out of the workplace half way through the day. He would not provide a reason. As far as I was concerned he was abandoning his employment at this time.”

On 23 June 2008, the date that the worker’s claim was accepted, he was issued with a certificate of capacity certifying him fit for alternative duties until 21 July. By dismissing the worker the defendant company failed to meet its obligation to provide him with suitable employment once his claim had been accepted.

These are the only public details available at the moment but clearly effective communication was not occurring between the employee and the company.  Sometimes circumstances that involve safety become a more complex industrial relations issue which may lead to Court, no matter how hard you try to compartmentalise them.

The personal cost of surviving a major hazard explosion

As one gets older, the “where are they now?” columns in the newspapers or the summer magazine supplements become more interesting.  The articles of faded pop stars and political one-time wonders are diverting but every so often one makes you stop and think.

OHS is not renowned for “where are they nows?”.  The discipline and the profession has few celebrities but there are important people.  One such person is Jim Ward.  Jim’s story is long and involved but he came to the public’s attention as a survivor of the 1998 gas explosion at the Esso gas plant in Longford Victoria.  The blast, which killed 2 workers, crippled the State’s gas supply for almost 2 weeks.  A Royal Commission was held into the disaster.

Usually a worker’s evidence may be reported on for a day or two in such an investigation but Jim Ward became more than that primarily due to the attempt, according to some, by Esso Australia (a subsidiary of ExxonMobil) to scapegoat Jim.  This attempt was roundly condemned in the Royal Commission.

Pages from AMS_Post_Traumatic_StressIn the Australasian Mine Safety Journal, Jim Ward has written a short personal account of what happened that day but, more importantly, how that day has changed his life.

After the failure of steel exchanger and before the fatal explosion, Ward writes:

“I raced to a doorway and looked out into the gas plant where I saw a thick white fog rolling down the walkway. This white fog was a cloud of vaporised hydrocarbon. Gas – highly flammable gas.

Out of the fog stumbled two zombie-like creatures. Two men – blackened from head to toe. They were covered in soot which had been blown from the inside of the huge steel exchanger when it violently ruptured. They had their arms out in front of them trying to feel their way through the fog, blinking as if trying to catch some daylight to help guide them to safety.

Over the roar of the jet–engine–like sound of gas spewing into the atmosphere I yelled – I yelled at them to get into the control room. Into the control room and to relative safety. Ninety seconds later the gas found a source of ignition and a second, much louder explosion shook the control room building again.

What followed from that moment on was sheer unadulterated terror.”

In his article he goes on to explain the psychological impact of that day and the diagnosis of his post-traumatic stress syndrome.  Ward rightly points out that mental health is poorly understood in the workplace.

Many employers are satisfied if they get through a single day without a problem or complaint but silence is not compliance and there may be mental health issues that require attending to even though they are difficult to identify.

Ward’s article is a timely reminder that the measurement of a successful OHS management system or a more personal “safe system of work” has changed and that business needs to scrutinise OHS auditors on the mental health assessment criteria.

Perhaps, most particularly to Australia, it is necessary to gauge OHS laws through contemporary hazards, such as mental health.  The law will exist for decades and need to be able to adapt to emerging hazards, many of them not coming from the physical.

His article also means that workers need to consider colleagues as more than just colleagues and look to their humanity.  In the past many of us are inclusive and dismissive when we refer to someone as a work mate.  People are more than that.

It may be, as this article is written on 9 November 2009, that Jim Ward’s message has already been learnt by the survivors and emergency workers of the World Trade Center from 2001.  But for many outside the United States it is also two days before Armistice Day, the end of the World War which really brought  shell-shock or combat stress reaction and post traumatic stress disorder to the public mind.

When remembering the fallen in war and work we should also ask “where are they now?”

Kevin Jones

Comcare’s RTW performance has some worrying trends

RTWMatters, an Australian return-to-work website, has analysed some of the data that has been released through the annual data – Aust & NZ RTW Monitor.  The statistics show that the Australian Government’s workers’ compensation insurer, Comcare, has performed well on some performance indicators but others are raising concerns, particularly

  • “The cost of claims has risen from $15 000 in 2005-06 to almost $20 000 in 2008-09. This is substantially higher than the national average.
  • Around 1/3 of Comcare workers can identify a person who made it harder to RTW, which is higher than the national rate. Over the last three years there has been a significant increase in Comcare employees reporting their employer has hindered return to work.
  • Over the last two years, Comcare workers have found it increasingly difficult to find the information they need to make a claim.
  • Comcare workers rated their insurer customer service lower than the national average, with communication, advice about the claim and understanding the situation rated lowest.”

Paul O’Connor, at last week’s Comcare Conference in Canberra was very upbeat but was well aware of the challenges ahead particularly for the next five years during a period when the Australian government will attempt to harmonise the OHS laws in each jurisdiction.  It should be noted that Paul has been Comcare’s CEO since 1 September 2009.  He was formerly with the Transport Accident Commission in Victoria.

O’Connor quoted the Australian Finance Minister, Lindsay Tanner, during his conference presentation.  (The Tanner quotes are from August 2009)

“It is unlikely that we will see any major reform in this area in the near future, as Australia’s various governments are grappling with the challenging task of building uniform national industrial relations and occupational health and safety systems.

“Nevertheless, the current campaign for a national catastrophic injury compensations scheme should trigger a wider debate about injury compensation in our society generally. The present system is fragmented, inequitable, inefficient and arbitrary. Reform could be some time coming but it’s certainly long overdue.”

RTWMatters has identified that more groundwork is going to be needed in the lead-up to the reform process if any measurable improvements are to be achieved.  In their media statement, they say

“Real collaboration requires that all stakeholders be able to access information to assess the impact of legislative and systems changes on workers compensation and return to work outcomes.”

The road to reform that Geoff Fary described as very difficult will be an important one to watch.

Kevin Jones

[Kevin Jones is a feature writer with RTWMatters]

Return-To-Work and OHS

Many OHS professionals do not understand the return-to-work (RTW) process.  Many OHS professionals choose to avoid RTW like the swine flu.  In Australia, rehabilitation and compensation come under different legislation to OHS so it is easy to delude one’s self that they are different beasts.

On September 15 2009 at the WorkCover SA Conference, it was possible to argue the same ideological isolation as above but from the RTW stance.  RTW can be as isolationist as OHS.  Admittedly, the conference was about workers’ rehabilitation and injury management but it was surprising how many speakers talked about integrated management without mentioning OHS.

Is this demarcation widening?  Was it formalised by the different Acts of Parliament? By different training backgrounds and criteria?  By the different work-related government departments (they often inhabit the same office, share the same board members, but report to government separately?!)?   Is the demarcation between the human resource specialists and the safety engineers?

In most workplaces such a demarcation would be unmanageable.  Most workplaces, certainly the smaller ones, have the official RTW Coordinator role as part of the duties of an existing staff member, whoever is already juggling the personnel duties and often payroll as well.  It is often a luxury to have a full-time RTW Coordinator.

It is noted that the Australian conferences of the OHS professionals rarely include RTW, and vice versa.  Isn’t is just possible that some bright spark may offer a safety management conference that unites the complementary disciplines, professionals and government departments so that business managers can receive a combination of information that matches the reality?

Kevin Jones

Kevin Jones attended the conference with the support of www.rtwmatters.org an (increasing prominent) online RTW website, and WorkCoverSA.

Why isn’t safety and health a continuum in a worker’s life?

Several years ago I attended a safety seminar hosted by Seacare.  Maritime safety is not part of my “brief” but safety is, and I was seeking alternate perspectives on my specialist area.  Seacare conducted a session where the treatment and management of an injured worker was work-shopped from incident to return-to-work.

It was the first time I had seen a panel of experts deal with the life of a worker across the injury management continuum.  The session showed the necessity to communicate across several disciplines and to always keep the focus on the injured worker.  I had never seen a better example of risk management in relation to an  employee’s welfare.

If only the real world was as organised.

WorkLife Book Covers 003Work/life balance in Australia is skewed towards those workers who have young families or a role as a carer.  This is due to work/life balance evolving from the feminist and social concepts of the 1970s and in response to the increased number of women in paid employment.  Barbara Pocock sees these matters in the 1970s as themselves a reaction to the “male-dominated employing class” that, in one exampled, believed that 3 month’s long-service leave was more important than maternity leave. (p212, The Work/Life Collision)

Work/Life Balance Origin

(Wikipedia has a peculiar article on work/life balance that has some interesting points and reference links but then undoes its good work by relying on a couple of major sources and many of them are commercial consultants.  That the Australian work in this area is not referenced, indicates a major deficiency.  Please note that the concept of balancing work life and non-work life existed well before “work/life balance” was first used.  SafetyAtWorkBlog would point the concept’s origin to around the same time as Australia’s introduction of the eight hour day in the mid-1800s or even earlier with Robert Owen in the UK calling for a 10-hour day.)

WorkLife Book Covers 005In the 2000s the emphasis remains not on work/life balance but work/family.  As a result, work/life balance will remain an issue handled in the management silo of human resources and being seen as relevant to a lifestage of an individual rather than the individual themselves.  There is also an inherent gender bias that could be minimised if the silo was removed.

The Seacare workshop illustrated for me that an injured worker is managed by different silos throughout their rehabilitation.  Wherever possible the employer outsources this management to experts in OHS, trauma counselling, medicine, physiotherapy, return-to-work coordinators, and other specialists.  The common element through all of these silos is the individual and that person’s health.

OHS & Work/Life Conflict

WorkLife Book Covers 001Occupational health and safety has a big advantage over work/life balance in that it focuses on the individual first.  Employers must provide for the health and safety of the worker and, by and large, employers get the safety obligation right.  This part of the process has long-established practices based principally on engineering solutions – stopping things falling on a worker, stopping the worker falling into machinery, stopping the inhalation of toxic dust – effectively “blue collar” solutions to “blue collar” hazards.

The mental health of the worker was not a big concern.  This is partly because in most of Australia, legislation only ever related to health and safety, and rarely to welfare.  Where welfare was a legislated consideration for the management of workers, the social context of the worker was acknowledged myuch earlier and work/life issues began to grow.

The regrettable element of this evolution was that “health” remained a narrow workplace definition instead of embracing the “welfare” or mental health of the worker.  If health had been supported by a definition that included welfare in all Australian States’ OHS legislation, the mental health needs of workers and the social contexts of worker management would have been discussed much earlier and in parallel.

Work/Life Balance Awards – A Missed Opportunity

An example of the divergence and the need, in my opinion, to reintegrate work/life balance and occupational health comes from some correspondence I have had with the organisers of the National Work/Life Balance Awards in the Australian Department of Education, Employment and Workplace Relations (DEEWR).  Until very recently, these awards were called the National Work and Family Awards.

WorkLife Book Covers 004DEEWR includes in its structure Safe Work Australia, the organisation responsible for monitoring OHS across the country.  It seemed odd to me, from the big holistic picture, that DEEWR has not included Safe Work Australia in the judging panel for the 2009 Work/Life Balance Awards.  DEEWR advised me that it believes the OHS experience of two of the judging panel, the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry, was sufficient.  Perhaps but why not draw on the OHS expertise of one’s own staff as well?

It also seemed odd that one organisation would conduct two national awards programs – the National Work/Life Balance Awards and the Safe Work Australia Awards.  DEEWR advised me that

“The [National Work/Life Balance Awards] recognise organisations that are outstanding in achieving positive outcomes through the implementation and communication of work-life balance policies, practices and initiatives which meet the needs of both the employer and its employees. The Safe Work Australia Awards focus on OHS more broadly and recognise businesses and individuals for their outstanding efforts in OHS and for making safety a high priority in their workplace.”

If the Safe Work Australia Awards focus on “OHS more broadly” why not have one set of awards that acknowledges both the work and social contexts of employees?  This is harder to answer when

“Applicants for awards must consent to an assessment to determine whether they have complied with the Fair Work Act 2009, the Workplace Relations Act 1996 and any relevant state or territory legislation, award or other industrial instruments” [my emphasis]

This would surely include the OHS legislation of each State and the Commonwealth.

DEEWR does not involve any of the state OHS regulators in the awards process.  The judging panel does not analyse the workers’ compensation premium awards rates of award contenders.  State regulators could surely provide a useful perspective as it is mostly under their jurisdictions that businesses are prosecuted for OHS breaches.  Worker’s compensation premiums are used by all regulators as a major (sometime the only) indicator of safety performance and for targeting of enforcement programs.  The judges of the National Work/Life Balance Awards do not.

OHS professionals and return-to-work coordinators acknowledge that the non-work life and mental health of workers are important elements in regaining a fully-functional employee.

DEEWR made the decision to rebrand the awards to Work/Life instead of “work and family”.  This does not reflect the complex interrelations of the social and individual contexts of the health and safety of individual workers.

DEEWR is coordinating the reforms of laws into both OHS and workers compensation.  The Australian Government is working on legislative harmonisation across all legislative jurisdictions in workplace health and safety.  These OHS laws are likely to extend employer obligations well beyond workers to the public and those potentially affected by work practices..

However DEEWR is missing a major opportunity to set the agenda for the future by acknowledging that the impacts on an individual of the work life and the home life should be managed across the social and employment disciplines.

Kevin Jones

The images included in this posting show some of the many terrific books dealing with, or mentioning, work/life management.

© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2025. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd