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Integrating climate change impacts into OHS and business management

Today the European Policy Centre in Brussels released the report Climate change: Global Risks, Challenges & Decisions. The findings of this report do not directly affect workplace safety but do indicate new ways in which businesses must manage the economic and social hazards that climate change produces. These new ways of management must be anticipated and understood by OHS professionals.

The report says that

“Linking climate change with broader sustainable consumption and production concerns, human rights issues and democratic values is crucial for shifting societies towards more sustainable development pathways.”

The need for integrated management of business has never been greater. The common threat of climate change can only be met with a business strategy that embraces the reality of the threat and has this reality on the table of all business discussions – a desire that many professionals have also been pushing for OHS for years. The boardroom and management tables are becoming full of issues that some see as competing but are in truth complementary.

The report discusses two types of action that can be taken. Businesses that produce large amounts of carbon should be well involved with mitigation measures and the political policy frameworks. Other businesses can benefit substantially from adapation, that is

“…whereby society increases its capacity to cope with the impacts of climate change, so far as possible.”

The report gives developing countries a particular focus for adaptation but the concept is equally relevant, and perhaps more easily implemented, in Western countries.

“Adaptation to climate change cannot be successfully implemented if treated as an “add on” and implemented separately from other initiatives aimed at fostering economic and social development and increasing the resilience of societies.”

Climate change is altering the statistical possibilities of worst-case scenarios. The one-in-a-million is becoming the one-in-a-thousand. The once-in-a-hundred-years is becoming once-in-a-decade. The rapidity of change and the greater extremes and fluctuations of these events are changing the way projects are handled, costed and managed. These fluctuations will challenge the way that safety is managed and are broadening the scope of the profession.

OHS needs to be seen as a discipline that is as multi-faceted as risk management, as human as human resources and as responsible as corporate social responsibility. The OHS professional will remain focused on the safety of employees but what used to be on the periphery is now moving to the centre – climate change, business continuity, infectious disease pandemics, travel, risk management, shareholder expectations, quality, auditing, governance and accountability, to name a few.

And none of these issues can be dealth with without an integrated and adaptive approach, an approach that can provide more wide-ranging social benefits than ever before.

Kevin Jones

Tasers as personal protective equipment

SafetyAtWorkBlog supports the use of tasers, or stun guns, as a control measure that eliminates or reduces the chances of a police officer being seriously injured but concerns continue around the world about the application of tasers. In 2008 the New South Wales government came to a decision of sorts on tasers. Following the recent death of a man in Queensland from a taser, the focus has shifted to that States.

In an OHS context tasers could almost be considered a piece of active personal protective equipment (PPE), if there can be such a thing.

Recently Dr Jared Strote of the Division of Emergency Medicine at the University of Washington Medical Center said

“It is fairly clear that the use of TASERs on healthy individuals is rarely dangerous (there are hundreds of thousands of uses in the US without serious outcomes). The question is whether there is a subset of people for whom there is a higher risk.

The problem is that the individuals who have died in custody temporally associated to TASER use are the same types who are at higher risk of death during police restraint no matter what type of force is used.”

Dr Strote also illustrates the cost/benefit issue that OHS professionals must deal with constantly

“The issue is probably less whether or not TASERs can cause death (they probably can but very infrequently); the better question is whether their net benefits (potential to avoid using more lethal weapons (like firearms), potential to decrease risk to officers, etc.) outweigh the potential costs.”

Two studies by Dr Strote – “Injuries Associated With Law Enforcement Use Of Conducted Electrical Weapons” and “Injuries Associated With Law Enforcement Use Of Force,” were presented at a forum in New Orleans in mid-May 2009.

A UK expert, Dr Anthony Bleetman, a consultant in emergency medicine says

“Tasers have been used on human subjects probably about a million times, some in training and a lot in operational deployment. With any use of force there is a risk of death. But when you look at the big picture the death rate after Taser is no higher than with other types of force. But what we do know is that there is a certain type of individual who is at greater risk of death after police intervention – the so-called excited delirium state where somebody, usually a male in their 20s or 30s, often with a psychiatric history, often on illicit drugs or psychotropic drugs, has been in a fight or pursuit, physically exhausted, not feeling pain, dehydrated and hypoxic. And then you add on top of that physical restraint by police. These are the ones that die and they die whether you Taser them or don’t Taser them.”

Bleetman explains the role of tasers in comparison with other active PPP:

“Police officers have a whole spectrum of options to use in force from talking to people to laying their hands on people to using capsicum sprays, batons and dogs. And then there’s a gap until you get to firearms when you shoot people. So between batons, dogs, sprays and guns, Tasers sit quite nicely to use against people who are so agitated and so dangerous to themselves and others that the only way to take them down is something as lethal as a gun or as dangerous as a police dog.”

Many American studies and statistics must be treated with caution as tasers are readily available to the general public and therefore operate unregulated. However in 2005 the American Civil Liberties Union undertook a study of law enforcement agencies. According to an Associated Press report from the time written by Kim Curtis:

“The ACLU surveyed 79 law enforcement agencies in Northern and central California, according to spokesman Mark Schlosberg. Of those, 56 use Tasers and 54 agencies provided the ACLU with copies of their training materials and policies regarding stun gun use. Among the organisation’s major concerns was that only four departments regulate the number of times an officer may shoot someone with a Taser gun.”

This last point has been one of the most contentious points of the recent case in Queensland where a police taser was discharged 28 times.

Taser use is a very complex issue, as are most PPE and OHS issues when dealing with emergency services. It may be possible to take some hope from the deterrent effect of tasers identified by the Delaware State Police in some recent budget papers:

“We have encountered numerous incidents where the mere presence of the Taser on the troopers’ belts has discouraged defendants from resisting arrest.”

Kevin Jones

Panic in disaster planning

Three years ago I had the privilege of arranging for Dr Lee Clarke of Rutgers University to attend the Safety in Action Conference in Australia. Lee had a book out at the time, Worst Cases, and spoke about the reality of panic. Lee’s studies have continued and are, sadly, becoming more relevant.

Recently, Rutgers University posted a video interview with Lee on Youtube.

Shortly after the World Trade Center collapse in 2001, I asked Lee to write something about the event from his experience and perspective. He wrote a piece for a special edition of Safety At Work magazine. The article has been available through his website for some time and is now available through here by clicking on the image below.

I strongly recommend Lee’s books. As he says in the video, they’re quite fun, in a sad sort of way.

Kevin Jones

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.

Category: risk

Integrating climate change impacts into OHS and business management

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Tasers as personal protective equipment

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Panic in disaster planning

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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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