Statements on Australia’s OHS review report

According to today’s The Australian, Australian trade unions has “panned” the first report by the National OHS Law Review.  Here is what the ACTU Assistant Secretary Geoff Fary said,

Geoff Fary
Geoff Fary

 

“We are pleased that the Panel Report has recognised that breaches of OH&S laws are criminal rather than civil matters. These recommendations are a step in the right direction, but need to go much further to protect working people by tightening up the rules on employers’ duty of care to their workforce.

“There is a real need to address the carnage that is taking place in workplaces by increasing fines and tightening up employers’ duty of care, but we are concerned that in NSW and QLD injured workers and their families will lose out because they already have laws that squarely put the onus of proof on employers when they allegedly breach the law.”

“Unions believe that the ability to fine companies a percentage of the turnover would be a better deterrent, because even a $3 million fine is a drop in the ocean for some big corporations. At the moment employers can get fined more for breaching trade practices law than for being found guilty of contributing to employees being killed or maimed in their workplace.

“The courts should also be encouraged to use the maximum penalties. At the moment they don’t.

“Unions will continue to campaign for laws that put an unqualified duty of care on employers to provide a healthy and safe workplace.”

For balance, below are the relevant statements from Mr Scott Barklamb, Director of Workplace Policy
with the Australian Chamber of Commerce & Industry:

“Whilst there is significant detail to be analysed across the report’s 75 separate recommendations, the review panel appears to have taken a sound approach on critical issues such as ensuring that the core safety obligation on employers is limited to doing that which is reasonably practicable, and that the prosecutor must bear the onus of proving any breach of OHS law beyond reasonable doubt.”

Michael Tooma, a partner with Australian law firm Deacons, was commenting on a survey that his firm undertook which indicated that the respondents would prefer a “clean sheet” approach to OHS regulations in this country rather than trying to reconcile laws from nine jurisdictions.  

At this point in the review process, any change in direction is highly unlikely and may not fit with the Review Panel’s terms of reference.  The risk in doubts about the process is that an unstable OHS legislative structure could be imposed on Australia that nobody will be happy with and, of course, longevity and continuing relevance is an important consideration in legislative development.

The cautious comments by Scott Barklamb are wise in that the really contentious elements of reform are due in the second report on broader OHS matters due in early 2008.

Physical activity, mental health, alcohol consumption and productivity

The Victorian Government’s workplace health strategy may be “coughing up blood” but health promotion continues.  Last week, Australian health insurer, Medibank Private, released some statistics and cost estimates related to physical inactivity.

According to the media release, physical inactivity costing the Australian economy $13.8 billion a year. The findings are based on research conducted in conjunction with KPMG-Econtech which builds on Medibank’s 2007 research and “captures the healthcare costs, economy wide productivity costs, and the mortality costs of individuals passing away prematurely as a result of physical inactivity.”

Craig Bosworth of Medibank Private says, 

“Most Australians are aware of the benefits of physical activity but this latest round of Medibank research has revealed some alarming effects of physical inactivity. An estimated 16,179 people die prematurely each year due to conditions and diseases attributable to physical inactivity and that is frightening. And whilst the majority of these are from the older population there is also a large number of people dying under 74 years of age due to physical inactivity, particularly in the male population.”

Bosworth goes on to say:

“Like other health risk factors, physical inactivity can have an adverse effect on organisations as well as individuals. Specifically, physical inactivity can impact on employee productivity by causing increased absenteeism and presenteeism, which impose direct economic costs on employers. The Medibank research has found that productivity loss due to physical inactivity equates to 1.8 working days per worker per year.”

Three audio statements on this research are available – physical-inactivity-telephone-grabs-edit

The SuperFriend Industry Funds Forum Mental Health Foundation has also released statistics on mental health in the workplace. The survey also found that 50 per cent of Australians admit to often feeling stressed and a quarter often feel depressed. 

John Mendoza, Chair of SuperFriend’s Mental Health Reference Group, said, “There is increasing evidence of a link between stress in the workplace and mental illness. The cost of workplace stress to Australian business is potentially crippling.” Listen – workplace-mental-health-edit

The Superfriends survey found

StreetWise
StreetWise
  • One in two Australians believe that having a few drinks is a good way to maintain or improve their mental health;
  • 80 per cent of Australians believe watching TV has a positive impact on their mental health;
  • Australians are putting their bodies ahead of their brains, with three-quarters of Australians engaged in activity to maintain or improve their physical health, while only 50 per cent are actively engaging in activity to maintain or improve their mental health.
  • Older Australians are more likely to heed the call ‘use it or lose it’. While 57 per cent of all Australians feel they take good care of their mental health, 68 per cent of those over 50 feel they are looking after themselves emotionally.
  • Australians aged 40 to 49 are the unhappiest and unhealthiest. Those in this age group are more likely to feel stressed and depressed and less likely to look after their physical and mental health.

A good starting point in planning to manage stress is the StressWise publication by WorkSafe Victoria.

For many decades, perhaps centuries, unhappiness at work was countered, to varying degrees, through the consumption of alcohol.  According to the latest Australian Unity Wellbeing Index people who drink everyday are the happiest, whereas non-drinkers have a lower sense of wellbeing.

Amanda Hagan of Australian Unity summarises some of the research findings and supports the link between physical activity and positive wellbeing. Listen – australian-unity-wellbeing-index-aap-medianet-edit

Unions question the targeting and success of graphic WorkSafe ads

One of the most popular recent postings at SafetyAtWorkBlog has concerned the graphic ads aimed at young workers by WorkSafe Victoria. Last week a safety group meeting was told that WorkSafe focus groups of teenagers had said that to get the attention of young people on workplace safety, advertisements needed to be graphic and confrontational.

However, other young workers tell a different story.  According to the Victorian Trades Hall,

“Feedback from young workers taken recently indicates the message they are taking from the ads is that if you get injured at work it is your fault. They paint a very negative stereotype of young workers.”

Trades Hall also reveals that WorkSafe’s own research does not necessarily fit with some of the current WorkSafe language:

“Research conducted for WorkSafe by Sweeneys in April this year does not demonstrate that young workers are ‘apathetic’. Rather it advises that young workers:

  • lack knowledge of their rights at work, what to do if they got injured, and of IR and OH&S issues;
  • mimic the behaviour and attitudes they observe around them from older workers and supervisors;
  • had a general reluctance to speak up or ask question because they are intimidated and worried about losing their job or think their boss will think they’re stupid;
  • are perceived as apathetic or arrogant by employers, which the research noted was due to young workers being too intimidated and worried about looking stupid to speak up.”
UPDATE: ads are now available through Youtube – nailgun, bakery,    kitchen  
It seems that the WorkSafe Victoria ads are not available on Youtube but the Canadian WSIB ads are.  It is worth reading some of the comments posted under the videos to see what a small section of Youtube viewers, presumably the “Youtube generation” the ads are aimed at, think of the ads.
Given that next week is Safe Work Australia Week and WorkSafe Victoria is likely to promote the young worker ads as a cornerstone of its safety promotions campaign, it is worth trying to listen behind, or between, the good news to determine if the campaign will, in reality, achieve the aims of reducing young worker deaths and injuries.
Recent satirical television shows, such as The Hollowmen, have shown a possible manipulation of focus groups in a similar way that the production of departmental reviews were shown to be politically influenced in Yes Prime Minister.  Focus groups and market research may be the best techniques we have but that doesn’t mean that the findings should be uncritically accepted.

Longford explosion anniversary, Andrew Hopkins and a new book

October 2008 was the tenth anniversary of the explosion at Longford gas plant in Australia that resulted in many injuries, two fatalities and almost two weeks of severely interrupted gas supply to the State of Victoria.

The Longford explosion at an Exxon-Mobil site resulted in a Royal Commission, an OHS prosecution and a record fine.  Recently it was often invoked in comparison to the Varanus Island pipeline explosion in Western Australia.

Professor Andrew Hopkins, sociologist with the Australian National University, was studying safety management systems well before the Esso Longford explosion but it was that major disaster that added international prominence, and a substantial extra workload, to Andrew.  Other than domestic acclaim, in July 2008, the European Process Safety Centre declared Andrew winner of the EPSC Award for 2008.  He is the first person outside of Europe to win this award.  It is believed that Andrew was formally presented with the award at the EPSC conference earlier this month.

Andrew has a refreshing perspective on safety management systems, partly because he has brought a sociologist’s eye to management decisions; his vision is not clouded by the OHS baggage through which many other analysts struggle.

Andrew’s next book due out this month through CCH Australia is Failure to Learn The BP Texas City refinery disaster and could have him travelling frequently the United States to offer his wisdom.

SafetyAtWorkBlog is working on a new interview with Andrew when he returns to Australia but in the meantime, a 2000 interview with Andrew is available as a page on this blog.  The interview was conducted at a book launch in September 2000 for Lessons From Longford.

Professor Andrew Hopkins (right) receiving the award from Christian Jochum, Director of the European Process Safety Centre
Professor Andrew Hopkins (right) receiving the award from Christian Jochum, Director of the European Process Safety Centre

New presenteeism survey figures

Frequently I receive audio media releases from the US about a range of workplace safety matters.  These releases are scripted and can sometimes sound corny but within them is a usually a useful nugget of information.

The latest one I received concerns presenteeism and mental health so, being so close to World Mental Health Day, I thought it is worth mentioning.  The audio release is from Cigna Health Care, an American insurance company, and can be heard by clicking 35580_09ny08-0039-_cigna-w

Cigna has a couple of fact sheets in support of the survey findings and an article specifically concerning mental health and wellness which may be worth a look. 

An earlier posting on presenteeism is available and I recommend going to the World Health Organisation, UN or ILO sites for more independent information.

Inadequate resources generate workplace stress

Survey findings released on 9 October 2008 by recruitment company Talent2 indicate that Australian employees are feeling stressed at work as a result of the effects of redundancies.

John  Banks of Talent2 said 

“… 71.7% say they currently do the job of more than one person, and this makes for a very stressful and unproductive workplace.”

The press release for the study stated

“More than half of Australian employees believe they are operating under extremely low staffing levels and 82.1% say they are expected to do far more work today than they were 5 years ago, according to a survey of 2,703 people.”

Almost 60% of respondents in Western Australia said that their workplaces are understaffed.  Between 48% and 58% of respondents in other Australian States agreed.

Banks said that companies can create a “false bottom line” by minimising staff numbers.  He said 

“Across the board, the sales/marketing sector has been most affected with 74.7% of employees in that industry asked to do additional work. The manufacturing sector is also guilty of asking staff to cover the work of more than one person with 74.2% of those surveyed dobbing in their bosses, and the legal sector is not too far behind at 70.4%.” 

It is acknowledged that the volume of claims for compensation for workplace stress increases during periods of corporate economic hardship and redundancies.

A terrific short article on the costs and impacts of workplace stress in Australia can be found in a newsletter by the law firm, Landers & Rogers.

It is also useful to note that the Talent2 survey results were released in the same week that the ILO has been promoting decent work, Australia is running Mental Health Week and the United Nations has its World Mental Health Day.

Latest Australian farm injury statistics

The Victorian Injury Surveillance Unithas released its latest quarterly statistical report, HAZARD.  Number 68 provides a fascinating picture of the farm safety in Victoria, Australia.  I strongly recommend that you get on the mailing list so that you can understand their statistical sources and limitations, as these are important and there is not enough time to discuss them at SafetyAtWorkBlog.HAZARD - Edition 68

Farm injury statistics for the period 2004-06 found 41 unintentional farm injury deaths, 1,765 hospital admissions and 7,259 presentations to hospital emergency departments.  Years ago I remember (vaguely) a ratio of 17 injuries to every farm death.  On my calculations (and remember I am an Arts graduate) the new statistics show a ratio of 43 hospital admissions for every fatality or 177 injuries (ED presentation for every fatality.

The detailed breakdown of agency of injury, age of injured person etc. makes this a fantastic resource for those working in farm safety.

One of the benefits of this type of research is that it allows us to determine the success of safety interventions, usually coordinated by government agencies.  (One could argue that this is one reason for the paucity of research on intervention activities) In the VISU report’s discussion it said that

“No studies have reported that farmers’ or farm workers’ attendance at farm safety courses has reduced injury risk on their farms…. [and]… the authors suggest that safety training is better applied by farmers and farm workers if it is delivered in the context of farm skills-based training rather than stand-alone farm safety sessions.”

This confirms the adage that one can know how to do something safely but one has to see it being done, to be convinced it is the right way.

Part of the report’s conclusion is that

“…. the evidence suggests that education alone is insufficient to affect the adoption of safe behaviours and technologies.”

I strongly recommend you download the report and read it carefully.  There may be only a small amount of evidence and research in this sector but what there is VISU has identified and analysed.

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