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OHS advertising

WorkSafe Victoria is marketing well by tweaking their OHS advertising messages to fit the economic or seasonal requirements of workers and workplaces. In mid-December 2008, the “Homecoming” ads have been updated to provide a more obvious link to people working during the holiday season.

John Merritt, CEO of WorkSafe, tries to link their two ongoing campaigns – Homecomings and young people at work in the media statement that accompanies the TV release of the ads. He said, on 15 December 2008,

“Employers at this time of year need to take exceptional care to ensure their people are properly trained, supervised and working in a safe way.

“This is particularly true of industries where there are many people taking jobs straight from school or university.

“With the working environment to become more frantic in the next couple of weeks, now is the time to ensure every workplace has the systems and procedures in place to minimise risk.”

This is true but does not seem to fit the media scheduling. The television ads began airing this week but

“The campaign will also run on radio, be shown on outdoor billboards and in cinemas from Boxing Day”

It seems odd to stagger the campaign through the first half of the summer break when the people taking on seasonal jobs, particularly in retail, are starting work prior to Christmas.

Also, previous campaigns aimed at young people have been criticised by some who say that television is not necessarily the best medium to communicate with the target age group. Others see the ad as advocating the wrong approach

John Merritt mentions in his statement above that now is the time for reviewing and updating safety systems and procedures. It could be argued that, in a practical sense, this is unlikely to occur so close to Christmas, when companies are winding down or operating frantically to beat the Christmas deadlines.

Many school leavers began their new, and first jobs, throughout November. This would have been the time when safety inductions were conducted and any other training provided.

The campaign certainly has considerable value and it is heartening that WorkSafe has committed to keeping the Homecoming campaign fresh but occasionally the communication strategy seems to hiccup.

For this posting, SafetyAtWorkBlog contacted WorkSafe to include a copy of the ad in this blog and other online OHS publications. This option wasn’t available at the time 0f posting and the video has yet to appear on YouTube. The posting will be updated when video is available.

Kevin Jones

Deaths in isolated work camp from tropical storm

It is relatively easy to manage a workplace in an urban environment. The buildings stay in one place, the neighbours are almost always the same and the weather bureau provides plenty of warnings. But in isolated areas, particularly in Australia, it seems the work environment is often more exposed. Certainly this was the case in mid-March 2007 when Cyclone George hit a railway construction camp killing several workers and injuring twenty.

The camp accommodation of demountable units, called dongas, were supposedly cyclone-proof. At the time, the Construction Forestry Mining and Energy Union said that administrative staff were evacuated but construction workers were directed to the dongas.

The owner of the worksite, Fortescue Metals Groups said on 11 December 2008 that it will fight 40 charges brought by Worksafe WA under the West Australian Occupational Health and Safety Act.

According to one media report:

“The charges include the failure to provide a safe work environment, failure to design and construct temporary accommodation and other buildings capable of withstanding a cyclone and failure to properly instruct and train workers.”

The installer of the demountable buildings, Sunbrood, had all charges dismissed.

The court case will continue in Western Australia in February and March next year.

A history of Australian trade unionism

Occupational Health and Safety in Australia is invariably related to the role of the trade union movement. OHS legislation legislates a presence for the Health and Safety Representative in most jurisdictions and historically, the HSR has been a union member.

I suspect that union members still make up the largest proportion of HSR training courses. HSRs are the shopfloor OHS enforcers. Lord Robens acknowledged that a constant worksite presence was an important element of safety compliance and the union movement jumped at the chance of formal legislated presence.

Tom Brambles, the author of the article on the right, has just written a book entitled “Trade Unionism in Australia – A history from flood to ebb tide” (pictured below). The book covers the union movement over the last 40 years and details some of the political campaigns that may have contributed to their decline.

Significantly for Australian workplaces, Bramble points out that union membership now lies at just under 20%. In May 2008, Tasmanian Premier Paul Lennon resigned as his personal approval rate hit 17%. Brendan Nelson hit a 17% approval rating in August this year while he was Opposition Leader. 17% is a political benchmark for change and the union movement is approaching that figure.

For years, I have been questioning whether the political influence of the Australian trade union movement is justified; whether tripartism is of more historical relevance than contemporary; and how workplace safety can be adequately policed on the shopfloor when there are so few police.

Tom Bramble’s book is not about OHS but about the waning of an important societal element that was very important to OHS management systems. Yes it’s about industrial relations but it is also about human resources and social campaigns and may provide some tips on how the safety profession should, and should not, go about building a national presence and spreading its influence with key decision-makers.

Kevin Jones

This post first appeared in a slightly longer version in SafetyWeek – Issue 166 in early October 2008

A transcript of short piece that Tom Bramble read for Australia’s Radio National is available at http://www.abc.net.au/rn/perspective/stories/2008/2412452.htm

Injury Reporting Rates

Government OHS policies are, more often than not, based on statistics. The most common statistic is workers’ compensation claims as they are trackable and involve money. Another is fatality data.

Many countries have an obligation on employers to notify the proper authorities if a serious injury has occurred. We know that in some countries injuries and deaths are under-reported. In the legal, and illegal, coal mines in China, sometimes workplace deaths are actively disguised, ignored or denied.

Just this week, a Vietnam news service reported on the lack of injury reporting identified by the Ministry of Labour, Invalids and Social Affairs’ Labour Safety Department, in Vietnam.

The report says that “only 7,000 companies reported work-related accidents” for 2008 and that this equates to only 10 per cent of the reportable accidents. Using the mathematical calculation skills of SafetyAtWorkBlog (an Arts graduate) that means that over 60,000 workplace injuries are not being reported.

Earlier this year a more explanatory article appeared which estimated 500 deaths each year form workplace incidents.

Perhaps there is some hope that if the government is aware of the lack of reporting, it can accommodate this in its national programme on labour protection, safety and hygiene that aims for a reduction of at least 5% in work incidents by 2010.

OHS impact of the Fair Work Australia Bill

Over the next few weeks, many Australian law firms are running information seminars on the government’s Fair Work Bill. This legislation will change the way that workplaces are managed, particularly in the area of personnel management.

The overlap with OHS will come through the increasingly contentious issue of “union right of entry”. Frequently unions request access to a site in order to investigate an OHS matter. This is a legitimate part of the tripartite consultative structure that underpins workplace safety.

Given that the National Review into Model OHS Law has already flagged Victoria’s OHS Act as a useful template, it is worth noting that Victoria went through the same right-of-entry concerns in the development of its 2004 OHS Act as the Fair Work Bill is generating now.

Victoria established a system of licensed union OHS delegates through the Court system in 2005. Earlier this year the CEO of WorkSafe Victoria, John Merritt said

the ARREO system had been working well since it was introduced in mid 2005.

Mr Merritt said only eight matters involving ARREOs have been reported to WorkSafe since this section of the Act (Part 8 – Sections 79 to 94) took effect in mid-2005.

In seminars prior to the 2004 Act, workplace lawyers, some who have gained considerable prominence since, warned that “the sky was going to cave in” once unions gained this level of access. It didn’t, but the law firms gained some new clients. This type of scaremongering is being repeated currently in the Australian press at the moment.

Yes, under the Fair Work Bill, unions can access a broader range of company data than ever before, including salary information of senior executives, as asserted in The Australian Financial Review, but there are considerable safeguards and limitations in place within the legislation. These safeguards have worked in relation to Victoria’s OHS laws and they will in industrial relations.

In terms of safety management, the establishment of a cooperative relationship with employees is the best way to minimise union involvement. It is also the best way to minimise the visits of the OHS regulators.

Remember that those who complain loudest are those with the most to fear.

Kevin Jones

Inherently Dangerous

Every so often one will hear of an occupational that is “inherently dangerous”. Every time we hear this or see the phrase in print we should protest loudly. If a safety professional uses the term, they should be shunned.

Anything that is described as “inherently dangerous” reflects on the lazy thinking of the describer. Working on a house roof was once inherently dangerous. A firefighter running into a burning building was once (still is in the United States) an inherently dangerous activity.

Nothing is inherently dangerous when it comes to safety management. Although it may be that a suitable control measure has yet to be devised, danger can be minimised or eliminated.

The Confederation of Australian Motor Sports (CAMS) juxtaposes “inherently dangerous” with OHS in its policy:

The Confederation of Australian Motor Sport Ltd (CAMS) is committed to providing, so far as it is practicable, its stakeholders with a structured environment to minimise risks to health, safety and welfare. CAMS recognise that motor sport is inherently dangerous and will continue to strive to minimise risk to those involved through a shared and integrated approach to health and safety.

In a Brief History of Lighting in the US, the elimination of an inherent risk is amply illustrated with the move from gas lighting to electricity over time.

Around 1920, word was out that gas lighting was inherently dangerous and too many homes were burning down, and homeowners should remove their gas lighting and give the safer new-fangled electric lights a chance, even though electricity was probably just a fad.

“Inherently dangerous” dampens innovation (a buzzword in modern management) and should be avoided at all costs.

One wonders how safe our world would have been if “inherently dangerous” was allowed to dominate our legislation in the way that “reasonably practicable” has.

Kevin Jones

Safe Work Bill and Parliament

It has always seemed an odd timetable for the Australian Government to introduce a Bill for replacing the Australian Safety & Compensation Council with Safe Work Australia when there is also an active national review into the laws that the authority may end up managing.

This week the Minister for Workplace Relations, Julia Gillard, set aside the Safe Work Bill because she would not accept amendments by the Opposition or she had to verify changes through the Workplace Relations Ministerial Council, depending on your political leanings.

Parliament has ended for 2008 so the reintroduction of the Bill will wait till 2009. This allows the government to make another pitch by including the recommendations of the National Review. The Review has consulted broadly across the political spectrum and should present legalistic sweeteners to all. This also allows the government to say that they didn’t get cross and arrogant but have been able to be more inclusive and consultative.

The amendments proposed by the Opposition don’t have a great deal to do with safe workplaces but a lot to do with limiting union influence in the decision-making of the new OHS body. Some amendments are just unnecessarily provocative by trying to limit ministerial interference. The alternative jargon to this is the exercising of ministerial discretion. It’s the same thing except to those on the receiving end or who feel excluded from the process.

Of course, the government is not obliged to accept all the recommendations of the review panel and over the next few months it will be closely watching the reception of its industrial relations legislative platform to perhaps indicate a more successful pathway for its Safe Work Bill.

A sticking point, and overlap of the two legislations, is the right of entry. Currently there is a political stink about how much access unions are entitled to in workplaces, some of which does seem unnecessarily intrusive, but frequently workplace safety is the impetus for entry requests, as per the recent intrusion to the desalination plant in New South Wales. Right of entry will not go away as a political issue over the Christmas break while there are large infrastructure projects in New South Wales and Western Australia, in particular.

Category: safety

OHS advertising

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Deaths in isolated work camp from tropical storm

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A history of Australian trade unionism

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Injury Reporting Rates

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OHS impact of the Fair Work Australia Bill

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Inherently Dangerous

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Safe Work Bill and Parliament

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