Beaconsfield Mine Collapse – Coroner’s Report Released

On 26 February 2009, the Tasmanian Coroner, Rod Chandler, released his findings in to the death of Larry Knight in the Beaconsfield mine collapse of April 2006

The Coroner found that 

“the evidence does not permit me to make a positive finding that any person, corporation or other entity, by their conduct, directly contributed to Mr Knight’s death.”

The report is available for download HERE

SafetyAtWorkBlog will bring more information on this important decision over the next few days.

UPDATE

The brother of Larry Knight, Shane, and union representative Paul Howe, have expressed their disappointment with the findings of the Tasmanian Coroner.  In an interview with journalists there was mention of the inadequacies in the risk assessment process, the poor resources of Workplace Standards Tasmania, the lack of attention given to safety advice from multiple consultants.

Shane Knight continues to believe that the mine management was responsible for the death of his brother.

Paul Howes called on the government to end the approach of self-regulation and called on business to not put profit before safety.

Safety Interviews

A couple of weeks ago I conducted interviews with several speakers in the Safety In Action Conference to be held in Melbourne, Australia at the end of March 2009.  The finalised videos are below.

Helen Marshall is Australia’s Federal Safety Commissioner who has a challenging job monitoring major government construction sites.

Dr Martyn Newman is a a fascinating speaker on the issues of leadership and emotional intelligence and how safety professionals can benefit for applying these concepts to their corporate aims.

Jill McCabe is a recent member of WorkSafe Victoria who provides quite startling survey information on the attitudes of supervisors to workplace safety.

Barry Sherriff is a partner with law firm Freehills and was recently also one of the review panellists into Australia’s OHS law review.  Since this video, the final report of the panel has been publicly released and Barry will be discussing harmonisation at the Safety In Action conference.

John Merritt is the Executive Director of WorkSafe and a strong advocate of workplace safety.  

Although part of my job is to help promote the Safety In Action conference, I have tried to provide a resource that will not be temporary and is actually useful to safety professionals everywhere.

Tip: Use the high quality YouTube settings if you can.  It makes these much easier to view but does not improve the appearance of the interviewer.

Kevin Jones

 

Workplace bullying – interview with Lawrence Lorber (2002)

In April 2002, I interviewed Lawrence Lorber of US law firm Proskauer Rose on workplace bullying.  It was at the height of the Enron collapse and corporate behaviour towards staff was gaining a lot of attention.  Over the last fortnight I have been researching some of the management books and concepts concerning leadership, emotional intelligence, modern expectations of managers – all of which could be thrown into “workplace culture.”

As I was reading back issue of the SafetyATWORK magazine, I used to published, there seemed to be valuable comments from Lawrence that remain relevant.  Below is an extract of the interview.  The full interview is available HERE

SAW: In Australia, the approach to workplace bullying seems to be coming from a systemic management system rather than one relying on psychological assessment.

LL: The highly competitive and highly contentious nature of what is coming out about Enron, the “up or out” atmosphere is one aspect of a system that can lead to managers or co-workers to engage in bullying. The characteristics of being tough or abrasive may be necessary to get ahead in the organisation. The environment can encourage or create bullying tendencies. However, not everybody turns into Attila the Hun in a highly competitive environment. Others survive without taking on the attributes of the bully.

Psychological testing is frequently applied in the States with regard to executive promotions. Dealing with bullying does require a combination of the systemic and individual approach. I work for some companies who are publicly perceived as fairly aggressive, there are tough people there who I might not want to work for but they are effective. They might be perceived as bullies. But looking at bullying as an environmental issue does mask the problem.

SAW: Managers sometimes need to motivate a staff member, perhaps, by rebuking them. The receiver of the rebuke may perceive that as bullying. How can we balance these perceptions?

LL: There were management books in the States in the 1980s, which encouraged management by intimidation. At one point that was the vogue. After the movie PATTON came out, everyone wanted to be General Patton.

If you look at a harsh manager who is demanding in an abrasive manner, that could be bullying.

How do you define bullying? Do you define it by your own reaction? A very US example is sex harassment. Is harassment in the eyes of the beholder? Does it have to be a reasonable woman who believes she is being harassed? In the circumstance where the bully is a male and the recipient is a female, frequently that becomes harassment.

SAW: That is a problem for the managers where for the last 30 years, harassment, bullying and discrimination has been handled outside the OHS field, in Human Resources. Now there are national and international moves to combat bullying because of the stress at work issues. I haven’t seen that approach in the United States.

LL: Here it’s not health and safety. Our definition of harassment is an “intimidating atmosphere”. That can also be a definition of bullying.

I don’t think it will be considered as a health and safety issue because workplace stress is not a field that is devoid of regulation. It is simply being regulated in a different context-employment discrimination and to a lesser extent under the disability laws. 

 

SafetyATWORK magazine April 2002 cover image
SafetyATWORK magazine April 2002 cover image

Eliminate the hazards

The first control measure on the “hierarchy of controls” is to eliminate the hazard.  OHS consultants and professionals should always consider ways to achieve this.  It may prove to be impractical, or politically unpopular, but it should always be discussed or recommended.  Reports and submissions that do not consider this control measure can be considered invalid.

In late-January 2009, the organic farmers in Australia reminded the media that its farming members are developing a safer industry for the customer and the producer.  This industry has boomed in Australia since the 1970’s in as a result of a desire and commitment to “eliminate the hazard”.

Interviews conducted by Biological Farmers of Australia (BFA) to help  discover why producers ‘go organic’ reveal a high number of farmers consider the switch for the health of themselves and their families.

Rob Bauer (Bauers Organic Farm, Qld), one of Australia’s largest organic horticultural growers, says he turned to organic farming 27 ago after farmers in his area became ill with cancer.

He says he wanted to decrease health risks associated with synthetic farm chemicals.

“I started thinking about farming differently after growing up in the Lockyer Valley (Qld) where friends and family passed away in their fifties after years of intensive agrichemical production.”

He says neurological problems, tumours, and cancer were among the chronic diseases he watched take their toll on his local farming community.

“I wasn’t comfortable with producing food using harsh farm chemicals for consumers,” he says.

Steve Skopilianos, commercial lettuce producer from Ladybird Organics in Keilor (Vic) looked into organics when he started a family.

“We had been applying pesticide blends with no understanding of their effect on people and employees.  There were times prior to organic conversion where I would not take my own produce home for my family to eat.”

Biodynamic producers of macadamias are happy to avoid high levels of agrichemicals typically used on the nuts.

“Working without a high exposure to synthetic chemical farm products is a weight off your mind,” says Marco Bobbert, from Wodonga Park Fruit and Nuts macadamia plantation (Qld), certified biodynamic since 1987.

He says direct chemical exposure could easily occur on conventional farms from accidents in production. “All it takes is a broken spray pipe.”

He says it is not just organic farmers who are concerned – “All farmers try to minimise their contact with chemicals on-farm. But organic production actively works toward negating that risk”.

Research has shown there is good reason for producers’ concern – a high exposure to some farm chemicals can lead to major health problems.

Particularly problematic substances include organophosphate insecticides and pesticides, which have been connected to several types of cancer, sterility and cognitive deficits (1).

The agrichemical endosulfan is one example of a highly toxic  organochlorine cyclodiene) insecticide still in use in Australia.

1. (1) Ciesielski, S, Loomis, D, Rupp Mims, S, Auer, A, Pesticide Exposures, Cholinesterase Depression, and Symptoms among North Carolina Migrant Farmworkers; American Journal of Public Health, 1994.

HR vs. OHS

I have written elsewhere in SafetyAtWorkBlog concerning the silo mentality of managers in relation to human resources and OHS.  This weekend a reader posted the following comment on this blog:

“You are right about the divide between HR & OHS.  Fact is HR are the culprits of negligence, they exist to support Management.  Any one with a serious complaint thinks long and hard before sticking their neck out and going to HR…”

What struck me about this comment was that human resources was seen to be aligned with management whereas workplace safety was not.  A successful safety management system cannot exist in conflict with other management systems but how much compromise does OHS need to make to achieve an integrated management position?

I am sure that HR professionals would not perceive their position in the same way as above but I remember a colleague once saying that safety professionals were on the same level of influence to companies as hairdressers.  Perhaps OHS professionals are envious of the level of influence that HR professionals seem to have with senior management and say such things from bitterness.

At some time or other we all feel less than relevant to employers but  circumstances have a way of re-establishing relevance, sadly in OHS this is often and injury or a compensation claim.

I don’t believe that the disciplines of HR and OHS are incompatible but I have seen many instances in companies where the HR Manager sees OHS as divisive, particularly in the areas of stress and bullying.  I believe that HR professionals by-and-large have a poor understanding of how safety should be managed in companies but that is not necessarily the fault of the HR professional.  OHS professionals need to be far more analytical of their own actions and purpose within organisational structures and start being active.

Kevin Jones

Workplace health – international response

Rory O’Neil, editor of Hazards magazine has written in response the SafetyAtWorkBlog posting on workhealth initiatives.  His response was posted on one of the many safety-related Internet discussion forums and was brought to my attention by Andrew Cutz and others.

WorkHealth initiatives – it’s about the workers, isn’t it?

The Victorian system is not garnering the necessary support because it is lifestyle focussed and has not answered concerns raised by unions, who want the programme to also address conditions caused or exacerbated by work. Business is annoyed because unions had the audacity to require that workers have a say in measures relating to their health (the poor little things are supposed to be passive recipients, apparently, taking the medicine and behaving like good little children). Below is my little news summary from 1 November.

There’s a rash of these lifestyle related interventions around the industrialised world. The EU is pushing fruit into some workers’ mouths, for example, as part of the ISAFRUIT project. However, two apples a day don’t make a worker as happy and healthy as a pay rise or some constructive participation in decisions about how work is organised, how satisfying that work might be and at what pace and for what reward. Or wage levels that allow healthy dietary choices for the whole family, at home and at work.

The lifestyle-focussed projects tend to be couched in language about making the worker healthier but are frequently more concerned with reducing sickness absence costs and winnowing out all but the superdrones that can work long hours in bad jobs without complaint. If employers cared so much, sickness absence procedures would not include punitive elements and health and safety whistleblowers wouldn’t be an endangered species. The unionisation campaign at Smithfield is a pretty clear case in point – bad jobs, bad pay, runaway strains and injuries and victimisation for those would stood up against it.

I’ve nothing against been given free fruit, free gym membership or anything free for that. But the time to use the gym, eat the fruit and have a life both inside and outside work that is meaningful and fulfilling might make it easier to swallow. This issue is about good jobs, with good conditions of employment and good remuneration. If workplace health policy ignores these factors, then it is an irresponsible diversion.

This is my latest measured contribution on the issue:

You big fat liars [Hazards 104, October-December 2008]
Oh, they say it’s because they care. They’ll weigh us, keep tabs on our bad habits and ask questions when we are sick. And when we fall short of perfection, they label us shirkers, sickos and slobs. Hazards editor Rory O’Neill questions whether all this attention from employers is really for our own good. more
More on this theme: www.hazards.org/workandhealth

If ACOEM is developing policy, then it should consider how work factors dominate our working days and frames the comfort and health of our working lives and beyond. That means integrating better work into any health model and making sure workers are allowed to participate fully in – and influence the design and operation of – any workplace health system.

Rory also points to the Trade Unions Congress posting that quotes the Victorian union response to the WorkHealth program and says this about the major employer group’s position:

The employers’ group, meanwhile, is adamant it will not accept the changes under any circumstances. David Gregory, the head of workplace relations at the Victorian Employers Chamber of Commerce and Industry, said it amounted to making the programme an ‘industrial weapon.’

Passport to Safety in Australia

Around the turn of the century a father told me this

“My son was 19 years old and he was killed in an accident in a small warehouse in a suburb of Toronto. In this little shop, it was a small business with only 4 or 5 people there. He got the job through a friend whose Father ran the business. It was the second or third day on the job and he was asked to go back and decant some fluid from a large drum to some small vessels. The action violated every OHS regulation in the book. There were multiple ignition sources, there was no grounding. A spark went off and lit up the fumes that went back in the drum and it exploded over my son. He died 24 hours later.”

That father was Canadian, Paul Kells, and this traumatic event set him on a journey to improve safety for young workers.  Paul established the Safe Communities Foundation.

Paul has travelled to Australia several times and he has been granted audiences with many OHS regulators but it seems that government of South Australia is the most ardent supporter of Paul’s Passport to Safety program.

Over 5000 students in South Australia have completed the program since 2005 and the government is trying to reach the target of 20,000 teenage students.  A sponsorship form is available for download.

SafetyAtWorkBlog supports Paul’s work and the sponsorship initiative of the South Australian government.

This is what the workplace safety ads in Australia are missing, a passionate advocate who speaks about the reality of workplace death and personal loss – someone who has turned grief into a social entrepreneurship.  If only this type of inspiration could happen without the cost of a life.

My 2000 interview with Paul is available by clicking on this link kell-interview.  It was originally published in SafetyAtWork magazine in February 2001.

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