Category: risk

Employees’ OHS responsibility and working beyond the maximum hours

One of the most powerful motivators for behavioural change in workplaces is the legislative obligation on employees to not put themselves at risk of injury nor to act in such a way as to place others at risk.

Reported in the Australian media on 31 March 2010, Fair Work Australia has ruled that employees in the fruit-picking industry may volunteer for work beyond the standard 38-hour week without receiving penalty rates or overtime.  The union movement is understandably concerned about how this financially disadvantages workers and how this ruling may spread beyond the fruit-picking industry.

The ruling allows fruit-pickers to choose to work beyond their regular shifts.  Will they be able to work safely?  Will they not be fatigued?  Will they have sufficient daylight to undertake the tasks safely?  Will there be sufficient downtime for workers to recover from a long work day and be fit for work?  Could the workers’ choice to undertake additional fruit-picking tasks be a breach of their OHS obligations to look after their own safety, health and welfare?

The employees may choose to ignore their own occupational health for the sake of additional dollars but should they then be eligible for workers’ compensation if the effects of those longer hours are found to have contributed to an injury or illness? Continue reading “Employees’ OHS responsibility and working beyond the maximum hours”

Psychosocial hazards are now, formally, occupational diseases

On 25 March 2010, the International Labour Organization released an updated list of occupational diseases.  On the ILO website, it is stated that

“Mental and behavioural disorders have for the first time, been specifically included in the ILO list.”

All occupational diseases, including psychosocial hazards, had to satisfy the following criteria in order to be considered:

  • “…that there is a causal relationship with a specific agent, exposure or work process;
  • that they occur in connection with the work environment and/or in specific occupations;
  • that they occur among the groups of workers concerned with a frequency which exceeds the average incidence within the rest of the population; and
  • that there is scientific evidence of a clearly defined pattern of disease following exposure and plausibility of cause.”

The exact text from the revised List of Occupational Diseases Recommendation R194 is

“2.4. Mental and behavioural disorders

2.4.1. Post-traumatic stress disorder

2.4.2. Other mental or behavioural disorders not mentioned in the preceding item where a direct link is established scientifically, or determined by methods appropriate to national conditions and practice, between the exposure to risk factors arising from work activities and the mental and behavioural disorder(s) contracted by the worker”

What this means in practice is unclear and is likely to vary from country to country in relation to recognition of UN and ILO recommendations.  What it does establish is that an international authoritative OHS body has acknowledged the existence of psychosocial hazards.

“The Eagle has landed”  however there will remain some organisations who will always believe that occupational causes of psychosocial problems belong on the same sound-stage as the Apollo moon landings.

Kevin Jones

Can OHS achieve “practical wisdom”?

Continuing SafetyAtWorkBlog’s belief that the best advice on workplace safety often comes from people outside the OHS discipline, Professor Barry Schwartz of Swarthmore College was interviewed in the Australian Financial Review on 30 March 2010 (only available by subscription).  Schwartz was talking about the social and regulatory impact of the global financial crisis but his take on the obeying of, and dominance of, rules seems equally applicable in OHS.

“Schwartz says the common response to crises…..is to reach for more regulation.  But the problem is that these people who run these banks are smarter than any set of rules we can come up with.  So what will happen is that [the rule] will work for a while, and then people will find a way to subvert them.”

He goes on:

“I think a lot of the trouble that we have is that you’ve got these people who run institutions, the CEOs, make speeches about how ethical they are and they may even mean it, but the people who are actually making the day-to-day decisions know that unless they make their targets, they are going to lose their jobs. Continue reading “Can OHS achieve “practical wisdom”?”

OHS lawyers see opportunities in harmonisation of laws

The current edition of Lawyers Weekly includes some thoughts from Australian lawyers on the impact of the harmonisation of Australia’s OHS laws. 

Michael Tooma of Norton Rose believes that the new positive duty of officers has sparked interest in improving corporate governance.

Graeme Smith of Freehills has seen an improved recognition of lawyers’ roles in developing commercial contracts.  He also sees OHS as being better accepted as an element of risk management.  According to the article entitled “OHS shrugs off the GFC”, Smith believes

“…national harmonisation will raise the profile of OHS, and in the long-term, OHS will find itself established as a discrete but integral aspect of corporate governance, compliance and risk management…”

He sees this as a golden opportunity for lawyers.   OHS law seems now to be dependent on lawyers where, before, it used to be a law that workers, managers and the layperson could read, understand and implement.  Safety professionals need to use legal experts when required but should have the confidence to manage safety through the harmonised framework first.  Crucial to whether the lawyers dominate will be the quality of guidance provided by OHS regulators and the authority of the voices of the OHS profession.

Kevin Jones

New OHS advice on quad bikes

On 22 March 2010, Workplace Health & Safety Queensland released new guidance on the use 0f quad bikes.

There is no radical solution to quad bike deaths but there are some variations to existing advice which should be noted.

The most obvious is that “quad bike” is used through instead of ATV (all-terrain vehicle).  This may annoy manufacturers but is very sensible given that the risks listed with using quad bikes specifically says that

“Quad bikes are designed for particular purposes and within particular operating conditions. Using them outside these parameters can significantly increase the risk of severe injury or death.” Continue reading “New OHS advice on quad bikes”

Government can do much better on level crossing safety

The Victorian Government is likely to say the Auditor-General’s report into “Management of Safety Risks at Level Crossings“, released on 24 March 2010, supports the government’s initiatives.  This is true but the report says much more than just describing the State Government’s efforts as “satisfactory”.  (If my child’s report card said satisfactory, I would be talking to the teacher about why the performance was only “satisfactory”)

The report summary says the following:

“The rate of progress in improving safety and reducing accidents has been satisfactory.  There are, however, elements of the risk management framework and its application that can be improved.”
These elements are specified as
  • “improving how the committee is informed of the views of the rail managers, who run train services and maintain the infrastructure, about their risks and priorities
  • assembling information that will allow the committee to effectively manage and monitor the delivery of the Towards Zero strategy
  • improving the understanding of what causes level crossing collisions.” [link added]

Clearly the Parliamentary committee is not getting the full risk story from the rail managers. Continue reading “Government can do much better on level crossing safety”

Two farmers dead and two injured from contacting overhead electricity cables

On 16 March 2010, two farmers outside Rainbow in Victoria were killed when the windmill they were moving touched live overhead electricity cables.  According to preliminary reports from the emergency ambulance service, two work colleagues went to the rescue and were injured themselves.

A video report is available HERE.

According to media information from WorkSafe Victoria:

“A father and son died this morning while moving a 25-foot metal windmill which came into contact with a 12,500 volt power line.

The incident occurred while moving a 25 foot metal windmill was being moved using a tractor with a forklift attachment on it.” Continue reading “Two farmers dead and two injured from contacting overhead electricity cables”

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