risk – Page 146 – SafetyAtWorkBlog

The social context of OHS laws is being poorly handled

Australian lawyer Michael Tooma is mentioned regularly in the SafetyAtWorkBlog, mostly because Tooma is one of the few who consider workplace safety in the broader social context. In The Australian newspaper on 10 February 2012 Tooma wrote that new work health and safety laws being introduced in Australia present

“…a march … into the traditional heartland of the public safety, product safety and professional liability territory, and it brings with it a criminalisation of what was once an exclusively civil liability domain. The new laws did not invent this trend, they just perfected it.”

Right-wing commentators would jump on this and declare “nanny state” but it is vitally important to note that this trend of “protectionism”, or the “compensation culture” as described in the United Kingdom, did not originate in occupational health and safety (OHS) laws. The OHS profession, business operators and workers will need to learn to accommodate and manage this social trend that has been imposed.

Tooma writes that ”

“…we have not had a proper debate about the incursion of the laws into nontraditional areas and its impact on the resources of firms, regulators and ultimately work safety standards.”

The debate may already be over. Continue reading “The social context of OHS laws is being poorly handled”

UK’s approach to OHS reform is flawed by short-term political strategy

England’s Prime Minister, David Cameron, has described OHS as a “monster” in a speech to small business owners on 5 January 2012. It is important to note the PM’s comments prior to his monster reference that have not been repeated in the mainstream press. He refers to

“… a great big machine of health and safety that has built up over years.”

Cameron feels that he needs to address an OHS regulatory system and enforcement strategies that have become too complex for, particularly, small business to comply with. Part of his solution is to exempt the self-employed, in some specific sectors, from OHS laws. This is a questionable decision as it effectively establishes a two-tier safety management regime and sets a precedent for other similar sectors to lobby for an exemption from other, perceived, onerous laws.

It may be that OHS laws in the UK have become overly complicated over time but the role of the media must be considered in that it has focussed on many absurd managerial decisions that have resulted from a skewed understanding of OHS and risk. Frequently the media reports have no relation to OHS laws and all to do with an increasing litigious society and the pursuit of money through, potentially spurious, public liability insurance claims.

In the 5 January 2012 speech Cameron states that

“…the key about health and safety is not just the rules and the laws and the regulations – it is also the culture of fear many businesses have about health and safety.” (emphasis added)

Cameron explains his answer for reducing this fear of health and safety, the capping of fees that lawyers can earn from legal action against businesses on behalf of their clients, usually, employees. There is no fear of health and safety, it is a fear of litigation. Cameron is not on about OHS law reform, his concern is about “unnecessary” litigation costs. This is unlikely to be reduced by cutting the budget of the Health & Safety Executive (HSE) which must reduce services as the HSE resources have been contracting for some time. Continue reading “UK’s approach to OHS reform is flawed by short-term political strategy”

Tread carefully when speaking with the media

One of the most important professional lessons is to only talk about what you know. I found this out personally after a disastrous pre-conference workshop many years ago where I did not understand what the workshop participants expected until I began seeing blank and quizzical expressions from the, thankfully, small audience.

On Australian radio on 14 December 2011, a geologist became embroiled in an interview on asbestos and cancer.

Ian Plimer is a well-known Australian geologist and is a professor of mining geology at the University of Adelaide. Plimer is a controversial and outspoken critic of climate change. The climate change debate is a fringe consideration in occupational health and safety but today, Professor Plimer entered the debate on asbestos, a carcinogen that is responsible for hundreds and thousands of work and non-work related deaths.

On ABC Radio, prominent Australian journalist and writer on asbestos industry issues, Matt Peacock, took Ian Plimer to task about Plimer’s 2008 claim that chrysotile, or white asbestos, is not carcinogenic. Continue reading “Tread carefully when speaking with the media”

Inadequate risk assessment results in an injured worker and $99k fine

There is increasing attention being given to the preparation of Safe Work Method Statements (SWMS) in Australian OHS laws. Amongst many purposes, SWMS should provide a basic risk assessment of tasks being undertaken, usually, that day. Often SWMS are too generic by being prepared days or weeks earlier, often SWMS miss the big risks by looking at the small risks. A New South Wales Workcover news release on 9 December 2011 indicates the potential inadequacy of risk assessment.

The media statement reports on a $A99,000 fine against Bulk Maritime Terminals Pty Limited (BMT).

“On 17 September 2008 two employees were unloading 25 to 30 bulk bags of clay powder into a tanker truck for transportation. Each bag weighed approximately 900kgs.

One employee was using an overhead gantry crane to lift each bag from the floor of the warehouse to the height of the tanker. The second employee was harnessed to the top of the tanker truck to open the spout on the bag.

After being lifted off the ground, one of the bags fell off the crane hook, knocking the operator of the crane to the ground. Continue reading “Inadequate risk assessment results in an injured worker and $99k fine”

Business leader embarrasses himself over PPE

On 7 December 2011, the Adelaide Advertiser newspaper included an article entitled “Hotel chief attacks our nanny state” in which the President of the Australian Hotels Association in South Australia (AHA/SA), Peter Hurley, seems to have been inspired by the same lunacy and misunderstandings as Jeremy Clarkson on matters of occupational health and safety.

The article reports that

“HOTELS Association chief Peter Hurley addressed Premier Jay Weatherill wearing a high-visibility vest yesterday in a provocative protest against a culture of over-regulation.

“It’s the decade of the rise and rise of the fluoro high-vis jacket,” he said, targeting State Government SafeWork SA. “An audit visit from Work Safe SA (sic) is the only thing that makes you wish you were at the dentist having root canal work.”

He said he had been told drive-in bottle shop staff had to wear high-visibility vests.

“Then the guy delivering bread started arriving in high vis. What took the cake recently was the bloke who tops up the condom vending machine arrives, gets out with his case of rubbery delights, resplendent in a high-vis vest. Maybe the topless waitress is next?””

As the opportunity for the comments was the AHA/SA Christmas function and the association developed its influence through alcohol, one could excuse Hurley’s comments as inspired by the event but he produced a fluorescent vest as a prop so his comments appear premeditated. Continue reading “Business leader embarrasses himself over PPE”

Quad bike manufacturers withdraw from the safety campaign

The Weekly Times newspaper can feel justifiably chuffed that it has played a significant role in changing some of the attitudes on the safe operation of quad bikes.

It’s front page article on 23 November 2011 reports on a considerable backdown by quad bike manufacturers in Australia on the issue of rollover protection structures (ROPS) or crush protection devices (CPDs). (The cartoon is very funny also) Motorcycle manufacturers have been supporting a campaign and website through the Federal Chamber of Automotive Industries (FCAI) but even recent media releases (FCAI MOVES TO DE-BUNK ATV ROLL-OVER PROTECTION MYTHS ) have been removed from the FCAI website and the FCAI spokesperson has been “directed by ATV makers not to discuss the issue” according to the Weekly Times. FCAI’s 2010 position paper on quad bike safety continues to be accessible.

New CEO

SafetyAtWorkBlog has been told that there is industry speculation that the sudden change in policy direction is due to the September 2011 appointment of a new CEO, Ian Chalmers. Continue reading “Quad bike manufacturers withdraw from the safety campaign”

Workplace Bullying is a significant challenge even if the reality is smaller than expected

An article in the Weekend Australian newspaper and magazine (not available fully online) provides some statistics that raise serious questions about the level of bullying in workplaces in Australia, with particular focus on Victoria. Of the 2,080 complaints lodged with WorkSafe Victoria in 2010-11

“only eight were deemed serious enough to warrant possible prosecution.”

Yet the OHS regulator received 7,050 inquiries about bullying. There is clearly a problem in Victorian workplaces but it is not always bullying, as defined under OHS law. Something else is happening and it has been happening for some time.

As reported previously in SafetyAtWorkBlog, the issue of workplace relationships is broader than can be handled by one regulator under one law. There are human rights issues, mental health issues, harassment and potential suicides – a range of social issues that should have taken the prevention of “workplace bullying” out of the workplace sometime ago.

The newspaper article, by Richard Guilliatt, draws on several significant cases of proven workplace bullying beyond the more familiar case of Brodie Panlock. Christine Hodder’s suicide in 2005 following bullying in the New South Wales Ambulance Service generated a review of the organisation that found systemic bullying. Sixteen year old Alex Meikle committed suicide in 2008 after many workplace “pranks” that included being set on fire. Continue reading “Workplace Bullying is a significant challenge even if the reality is smaller than expected”

Category: risk

The social context of OHS laws is being poorly handled

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UK’s approach to OHS reform is flawed by short-term political strategy

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Tread carefully when speaking with the media

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Inadequate risk assessment results in an injured worker and $99k fine

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Business leader embarrasses himself over PPE

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Quad bike manufacturers withdraw from the safety campaign

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Workplace Bullying is a significant challenge even if the reality is smaller than expected

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