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BHP, swine flu and leave entitlements

Many OHS professionals and business gurus state that safety leadership must come from the top of the corporate tree. BHP Billiton received some rare positive press on 16 June 2009 concerning its OHS policies.

According to Mark Hawthorne, BHP CEO Marius Kloppers has revealed he is battling “pig flu”, in his words. This seems to have generated a flurry of OHS activity. Sadly the best OHS practice was not mentioned, which would be to send the infected CEO home.

Hawthorne’s article identifies several BHP swine flu actions:

non-essential trips have been cancelled;

executives who must fly are being provided with Tamiflu;

cleaning shifts have been increased;

telephones, keyboards, rest rooms and public areas are being disinfected more regularly; and

bottles of alcohol-based hand sanitisers have appeared.

SafetyAtWorkBlog is seeking clarification from BHP Billiton on a number of points.

It is hoped that these measures were not generated only by the CEO comments but were already in place, particularly, following previous incidents with SARS and even avian influenza.

Any measures should be supported by staff consultation that involves more than a notice on the board or an email in the intranet. Many of these measures generate as many questions as they hope to answer and there should be information sessions for those who wish more detail.

Indeed one of the basic employment issues that always comes up in discussions about pandemics is leave entitlements. The importance of brainstorming pandemic planning can be illustrated by an article in The Australian, also on 16 June 2009. The ACTU believes that unpaid leave should not be applied if a worker needs to be absent from work due to influenza, even if the worker themselves are not ill.

The ACTU has told SafetyAtWorkBlog that the following motion was passed at last week’s ACTU Congress

that Federal and State governments should bring together peak union and employer groups to establish guidelines for handling the pandemic. These would:

ensure workers and their families are not financially disadvantaged by the outbreak;

provide employers with useful information and procedures to deal with any suspected cases of swine flu in the workplace;

ensure persons who are in isolation as a consequence of swine flu are not discriminated against or disadvantaged in their employment; and,

educate the community about the disease to stop misinformation, panic and help in the overall strategy to slow down the spread of the disease during the winter months.

One of the criticisms that SafetyAtWorkBlog has expressed about many influenza advice sites is that control of the hazard at work is not being seen in the context of occupational health and safety. This was the case with www.fluthreat.com.

Sadly, influenza information from OHS regulators is of dubious value and application, in many instances, and the regulators have not been promoting their advice. Very little OHS traction has been gained on the pandemic, even when the unions make the point to the media, as the ACTU did with The Australian newspaper. The Australian’s article did not mention the following, and sensible, ACTU advice:

“Employers owe a duty of care to workers to provide healthy and safe workplaces as far as reasonably forseeable(sic) [and] the swine flu outbreak has been highly publicised and is reasonably forseeable.”

Let’s hope that the BHP Billiton control measures are part of an integrated OHS/pandemic plan and not a reflex action to please the boss.

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.

Workplace safety insurance – podcast

Recently I interviewed workplace lawyer, Andrew Douglas, pictured right, while researching an article concerning the application of statutory liability insurance policies to workplace safety management.

SafetyAtWorkBlog is pleased to provide our latest podcast which includes my interview with Andrew. The interview provides simpler information on the statutory liability issue but also, and perhaps more importantly, we discuss how business perceives the role of insurance in managing safety and risk. We also contemplate the impact of such insurance on OHS regulators’ enforcement policies.

Kevin Jones

Charges laid on swing stage collapse

SafetyAtWorkBlog reported on a scaffolding incident in Queensland in mid-2008. Charges have now been laid but not manslaughter charges as were called for at the time by the unions.

The workers were fatally injured on 21 June 2008 when the swing stage scaffold they were using to carry out concrete patchwork on the Pegasus high-rise, then under construction at Broadbeach, failed and fell 26 levels to the ground.

According to Workplace Health and Safety Queensland

Allscaff Systems Pty Ltd, which erected the swing stage, is charged with failing to ensure the plant was erected in a way that ensured it was safe when used properly.

Ralph Michael Smith, director of Allscaff Systems Pty Ltd, is charged with failing to ensure the company complied with its obligations under the Act.

Karimbla Construction Services Pty Limited, which built the high-rise, is charged with breaching obligations as a person in control of a workplace and as project manager.

Pryme Constructions Pty Ltd, which undertook the concrete patching, is charged with breaching its obligations to ensure workplace health and safety.

SsfetyAtWorkBlog will be following this case over the next few months.

Not another Australian swine flu website!?

Recently in 2009, the Health Services Australia company launched a new swine flu website.

The HSA site is run by a private health services company and came to the attention of SafetyAtWorkBlog through a news item by the OHS Commissioner of the Australian Capital Territory. The ACT OHS Commissioner may not be endorsing the site but the HSA website is described positively. The Commissioner’s site says

“The site provides information on the risk of flu – pandemic, swine, avian and seasonal varieties – expanding upon information previously published on their avian influenza site.

It also includes the latest health alerts, FAQs, useful links and information on travel health services relating to flu which people may find of benefit.”

For further information on www.fluthreat.com.au SafetyAtWorkBlog followed the trail from fluthreat to HSA which then lead to the site of one of Australia’s largest private health insurers, Medibank Private. The two companies merged only recentlyon 1 April 2009.

Health Services Australia is listed on the fluthreat site as the copyright holder but Medibank Private is not mentioned.

The HSA site which includes a prominent link to www.fluthreat.com.au does mention Medibank Private, in a mediarelease link on the home page but more succinctly, but almost in passing, under Governance and Structure:

“Health Services Australia Limited (HSA) and its subsidiaries are owned by Medibank Private Limited (Medibank).”

It seems very odd that the ACT OHS Commissioner should be directing Internet visitors to a privately run influenza information website instead of to the influenza information from authoritative websites such as the Australian Department of Health and Ageing, the ACT Dept of Health, the Federal Government’s dedicated swine flu site – healthemergency, or even the the World Health Organisation.

[SafetyAtWorkBlog has repeatedly tried to contact the ACT OHS Commissioner’s office but gets an answering service each time. The media spokesperson for HSA Group and Medibank Private has not yet returned calls]

Kevin Jones

Sitting (not so) pretty

New Australian research shows hours of sedentary activity, like typing emails or sitting at a quality control station, are associated with higher cardio-metabolic health risks that are independent of time spent in moderate-to-vigorous intensity physical activity.

According to a media statement from University of Queensland and Baker IDI research fellow, Genevieve Healy, (pictured right)

“Although many Australians have adopted the recommendation of getting at least 30 minutes of moderate to vigorous activity on at least five days of the week, we’ve been getting more overweight.

“The most plausible explanation is that 30 minutes constitutes a very small proportion of waking hours. It’s equally important to look at what the person is doing for the remaining 15 and-a-half hours of the day. A person who follows the guidelines of 30 minutes of brisk walking and spends the other 97 per cent of waking hours sitting is ‘physically active’ according to public health guidelines. However, the term ‘active couch potato’ is probably more appropriate,” Dr Healy says.

Dr Healy will be speaking more on her reseach at the Queensland Safety Conference in Brisbane, Australia on 18 June 2009.

Swine Flu and business continuity – video

On the evening of 2 June 2009, the ABC TV show “Lateline Business” ran a short item on the business continuity issues associated with Australia’s swine flu outbreak. Not much that was said was new but it proposed an interesting scenario for those people who manage aged care facilities where a potentially virulent illness could harm residents who it may be difficult to isolate or quarantine.

Michael Tooma of Australian law firm, Deacons, spoke briefly to remind viewers that health and safety were important legislative obligations that relate to illnesses, such as swine flu. Interestingly he provided a rule-of-thumb scenario on business continuity. He asked whether a business could continue to operate with 20% less staff, a 20% reduction in logistics services and 20% less customers, if the swine flu realises its potential.

Most of the speakers spoke from the current position that Australia is suffering from a “mild” case of this virus. The story would be considerably different if Australia suffered its first swine-flu fatality, as have other nations. One death and the terminology will change.

A video of the segment is available to view online.

Kevin Jones

Category: risk

BHP, swine flu and leave entitlements

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Level crossings and safety management

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Workplace safety insurance – podcast

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Charges laid on swing stage collapse

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Not another Australian swine flu website!?

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Sitting (not so) pretty

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Swine Flu and business continuity – video

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