Category: risk

The OHS recommendations the Australian Government rejected

According to the Communiqué of the Workplace Relations Ministers’ Council on 18 May 2009, the following issues should be considered when drafting the new OHS legislation

“Application of the primary duty of care to any person conducting a business or undertaking

The panel recommends that the primary duty of care should be owed by any person conducting a business or undertaking.  The objective of this recommendation is to move away from the traditional emphasis on the employment relationship as the determiner of the primary duty, to provide greater health and safety protection for all persons involved in, or affected by, work activity.  Care needs to be taken during drafting to ensure that the scope of the duty is limited to matters of occupational health and safety and does not further extend into areas of public safety that are not related to the workplace activity. “

The first part of this is recognition of the variety of workplaces Australia now has, the number of people within worksites who are not employees and the previous issues of OHS and unpaid volunteers.  It seems to expand to matters of public liability but then, curiously, pulls back to emphasise occupational health and safety.  As Michael Tooma has noted, circumstances seem to have passed beyond the arbitrariness of the occupational categorisation. Continue reading “The OHS recommendations the Australian Government rejected”

Big fine for go-kart death

The AAP and others are reporting a big fine over the death of Lydia Carter whilst driving a go-kart at a work function held in Port Melbourne in 2006.  The significance of the $A1.4 million fine is that the company, AAA Auscarts Imports Pty Ltd,  is not a large or multinational corporation.

Ms Carter was wearing a seat belt that did not fit properly and safety barriers on the track had been incorrectly installed.  

Judge Duncan Allen said 

“There is no doubt in my mind that (Auscarts) not only was fully aware of the risk, but was fully aware of the ways to reduce them” 

“The company showed a gross disregard concerning the safety of employees and the public.”

For OHS professionals this case, which ended today (12 May 2009) in the Victorian County Court, will generate a fair degree of attention because of the fine’s size.  However, from the information currently available, the case seems one of the go-kart company having a work environment that was unsafe for customers, the company being aware of this and not doing enough to fix it.

SafetyAtWorkBlog is also looking  into how Ms Carter’s death has changed her employer’s organisation, what effect it had on her colleagues, what policy changes have been made, amongst other matters.

The judgement will also be made available as soon as possible.

Kevin Jones

Varanus Island investigations continue

International safety attention was focused on a tiny island of the northwest Australian cost in mid-June 2008 when a pipeline exploded.  Investigation reports have been presented to government and companies have regained operations after the major gas explosion that disrupted supplies across Western Australia.

In early May 2009, the WA Department of Mines & Petroleum announced a further investigation will be undertaken. WA Mines and Petroleum Minister Norman Moore has said that the department would carry out the final stage of investigations into the  explosion.

Kym Bills and David Agostini have been classified officially as inspectors and will undertake the investigation.

Moore said that the October 2008 report by NOPSA needed additional information which has recently become available.

 “…that investigation was limited by its reporting time frame and the absence of critical evidence, such as the results from destructive and non-destructive testing of the pipeline.”

A ministerial media release identifies the investigation’s scope:

  • the pertinent sequence of events on Varanus Island during the incident
  • the likely cause(s) of the incident
  • any actions and omissions by the operator of the Varanus Island facility, or its contractors, leading up to and during the incident that may have contributed to those events.

The final report will be presented to the department in June 2009.

Background on Varanus Island is available in SafetyAtWorkBlog by searching “Varanus” as a keyword.

Kevin Jones

Passive smoking and casino workers

Smoke-free workplaces have gained considerable attention over the last few years but many countries allow exemptions for casinos.  This makes no health sense but considerable political and revenue sense.   The  American Lung Association has released a video story about one non-smoking casino worker who has suffered lung cancer, Vinnie Rennich.  (The 16meg flash video is available for download)

Fearing the invisible – selling nanotechnology hazards

The community is not getting as concerned about nanotechnology as expected (or perhaps as needed).  There is the occasional scare and the Australian unions have relaunched their campaign on the hazards of nanotechnology manufacturing.  There have been several articles about the potential ecosystem damage of nanotechnology in our waterways.  Frequently, it can be heard that nanotechnology is the new asbestos.

Nanotechnology is a new technology and all new things should be used with caution.  It is odd that none of the nanotechnology protests seem to be gaining much traction.

Part of the problem is that nanotechnology is invisible and how do people become concerned about the invisible?  This is a point of difference from the asbestos comparison.  Asbestos was turned into asbestos products – from dust to roofing.  But nanotechnology goes from invisible to items such as socks.  The public see new improved versions of common items, nanotechnology is used in familiar items, but the public does not see the nanotechnology and therefore does not comprehend nanotechnology as a potential hazard.

It may be useful to jump back before asbestos to look for new communication techniques for warning consumers about the invisible.

In 1998 Nancy Tome published “The Gospel of Germs“.  Tome looks at the slow realisation in the first half of last century by the public that germs and microbes exist and can cause harm.  She is not interested in the germs themselves but how society accepted their existence and how they reacted.  This reaction – improved hygiene, infection control, disinfectant, etc – can provide us with some clues as to how society embraces the invisible, particularly if the invisible can make us sick.

Nancy Tomes wrote the book in the time when AIDS was new.  But since then SARS is new, Swine Flu is new and other pandemics will become new to a generation who have only known good health and good hygiene.  Now we are creating invisible things that we know can have positive benefits but we don’t know the cost of the benefit.

It is perhaps time for the OHS lobbyists to take a page or two from the public health promotion manual (and Tome’s book) and begin to explain rather than warn.  Nanotechnology is not asbestos and the comparison is unhelpful.  The application of nanotechnology will be in far more products than was asbestos and the nanotechnology is smaller.

If the lobbyists can make the invisible visible then progress will be much quicker.

Kevin Jones

Falling under the safety radar

The tricky thing about getting safety right is making sure you are on top of where the dangers are. One danger that seems to be consistently “off the safety radar” for lots of workplaces, particularly small businesses, is falls.

Here’s some key stuff you need to be looking at:

  1. Rule #1 for all safety problems is to try and eliminate the danger first. For fall hazards this means; have you exploited all the available storage space that can be reached from the ground (i.e. without the need to use a ladder)? Lots of places have all the ground level storage space they need, but because of its convenient access that space gets filled with junk. Turfing out the junk to exploit the ground level storage areas is the key thing to do. Ground level storage – good. Elevated storage spaces – not so good.
  2. Step ladders are used a lot to get access to high shelves, and the ordinary type of step ladder is notoriously unstable the further up the ladder you go. If people have to be on the last couple of steps, or worse still, right on top of a step ladder to retrieve stuff from high racking, then you have a serious injury or fatality waiting to happen at your business. (WorkSafe Victoria has reported deaths of workers who have fallen off step ladders.)
  3. Consider reconfiguring your storage racking so that the highest shelves are all the same height so you can use a proper order picking ladder to get access to those high shelves (i.e. ones at 2 metres or above). (WorkSafe has a guide on order picking) Consider getting lower versions of this type of ladder for middle height racks.
  4. Most Australian laws will say you have to do very specific things about stopping falls if workers are working at 2 metres and above. But keep in mind deaths have happened for falls as low as 1 metre, they are more common than you’d think.
  5. Lots of workplaces use mezzanine or above-room spaces to store things. First, see tip #1. If you have to use those spaces make sure a) that the floor of those spaces are safe to walk on; b) have guard rails around the perimeter; and c) that the way to get up to those space is as safe as it can be. It’s not safe to have only one hand free to get up or down a ladder.

Preventing falls is an excellent example of why the common legal duty to first look to eliminate a hazard or risk is a clever thing. I get the sense that lots of people quickly dismiss elimination as a viable option; it shouldn’t be the case. Hard thinking about elimination solutions needs to be first cab off the rank in risk control decisions, particularly when it comes to preventing falls.

Col Finnie

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