OHS in the 1970’s

Matthew Knott’s article in the Australian newspaper (21 July 2008 ) included telling comments from  Barry Willis, a 64-year-old former maintenance worker at Amberley air force base.  The article says

“workplace health and safety was non-existent: open cans of chemical sealant were stored in the refrigerators where the men kept their lunch.”

I have been critical of the military in the past as they are usually well-sourced on OHS and often speak proudly of their approach to safety.  Yet just as with the BlackHawk Inquiry findings criticising the safety culture, Barry Willis saw no safety culture in the 1970s.

At the risk of sounding like an old grump, working in that decade was under a different set of cultural rules.  Modern OHS legislation was being considered by most Western jurisdictions and industrial diseases were coming to the fore.  In the early 1980’s I worked in industrial relations concerning award restructuring.  One of the first elements to be restructured was allowances, many of them accurately described as “danger money” – removing roadkill, working at heights, confined spaces and a range of other hazards.

It can be argued that modern salary levels incorporate allowances for hazardous work but the issue of immediate compensation for a dirty or hazardous job, hopefully, has had its day.

Sadly, for people like Barry Willis, the consequences of a hazard, known or discounted, continue and the struggle for acknowledgement and compensation continues.

Australian Workplace Injury Statistics

On 15 July 2008, the Australian government released the 2005-2006 Compendium of Workers’ Compensation Statistics Australia. I am pleasantly surprised that although the number of fatalities is never at an acceptable level the trend data is very positive in terms of safety management.

Some key findings and trends reported in the Compendium include:

  • Preliminary data for 2005-06 shows there were 231 compensated fatalities, 93 per cent of which were men.
  • Preliminary data for 2005-06 reports the transport and storage industry accounted for the largest number of fatalities (41), followed by construction (33) and manufacturing (28).
  • Trend data results showed all industries experienced a fall in incidence rates of injury and disease between 1997-98 and 2004-05, with the greatest falls being in the priority industries of mining (45 per cent decrease), construction (27 per cent decrease), transport and storage (20 per cent decrease), agriculture, forestry and fishing (19 per cent decrease) and manufacturing (18 per cent decrease).
  • Reflecting Australia’s ageing labour force, the proportion of claims for employees aged 45 years or more increased from 33 per cent in 1997-98 to 39 per cent in 2004-05.

Such decreases in these major industries should be applauded. Certainly the background to the statistics should be analysed for a proper consideration but the mining results are terrific given that the sector is booming in Australia with new mines opening frequently and is suffering a shortage of skilled labour. Colleagues of mine in that sector have been crowing about the improvements for some time and they seem to be supported by this compendium.

The data can be downloaded HERE

The crash of Blackhawk 221 and safety culture

The Australian’s government’s report into the crash of a Blackhawk helicopter on the deck of the HMAS Kanimbla in November 2006, in which two defence personnel were killed, has been released by Air Chief Marshal Angus Houston.

According to media statements

“The principal and overarching finding of the Board of Inquiry was that the cause of the crash of Black Hawk 221 was pilot error by the aircraft captain,” Air Chief Marshal Houston said. “Justice Levine stated that the principal finding, however, could not be viewed in isolation nor blame attributed to a highly experienced and well-respected Black Hawk pilot.

“This accident was the regrettable result of a number of factors coming together which culminated in this tragic incident.  There was a gradual adoption of approach profiles which, on occasions, exceeded the limits of the aircraft.  Other factors included a ‘can do’ culture in the Squadron, inadequate supervision, the pressures of preparing for operations, the relocation of the Squadron and a high operational tempo.”

Amongst the control measures introduced following the Blackhawk 221crash and an earlier incident, the Army issued a new risk-management policy in October 2007.  It provides “commanders with clear instructions on how to conduct risk management on operations and in training.”

Ultimately, good has come from the results of the Blackhawk crashes.  The decision to release this report, provide audio of the press conference and considerable inquiry background, is commendable. However, as reflected in the Air Chief Marshal’s comments above, and expanded upon in the must-hear podcast (35Mb MP3), safety management standards had slipped over time.  He is keen to emphasise that the crashes need to be seen in a broader organizational context, as any incident investigation should.

But, in my opinion, that broader context remains damning.  The Defence Forces should, through their strict hierarchical system and regimented decision-making, be an exemplar of safety and risk management.

It is always the case that we should learn from our mistakes but it seems, as in the private sector, that those organizations with considerable safety resources who are best equipped to avoid problems continue to experience them.

With many workplace investigations the excuse for incidents that is frequently trotted out – poor safety culture – is becoming a term of reduced relevance.  The failure of a safety culture is not an “act of God” although the phrase, safety culture, is being used in the same manner.  It implies that there was only so much that could be done but it also indicates that prior to any incident not enough was done.

Safety improvements through hindsight have become the mainstay of contemporary management.  If there is a stuff-up, acknowledge the fact and promise restitution.  Don’t accept responsibility. Don’t admit liability.  In fact, don’t mention the incident, only mention what improvements one intends to make.

The depressing part of a no-blame investigation is that it can feel so unsatisfying.

Workplace Safety Inspector Ad

WorkSafe Victoria has launched a new advertising campaign emphasising its role as an OHS inspectorate (click image below to view).  The emphasis fits that of WorkSafe’s CEO, John Merritt, who has pledged mre inspectorate resources and enforcement in the future.

The ad is clever in its structure by relieving the boss’ tension over an expected WorkSafe inspector visit and then reinforcing the surprise nature of many WorkSafe visits.  The ad is also very well acted but I wonder about the effectiveness of the message as a TV ad.  Not being privy to WorkSafe ad strategies, I would have thought that billboards in and around industrial sectors with the boss’ worried face may be more effective.

One small point though, the female worker being asked about office cabling is too stereotypical.  However I acknowledge that having a female machine operator may have distracted the focus from the main message.

Still from new WorkSafe inspector ad
Still from new WorkSafe inspector ad

OHS Law Review and the International Labour Organisation

Several submissions, from those currently publicly available, to Australia’s National OHS Law Review have referenced OHS conventions of the International Labour Organisation (ILO). It is early days in the process of assessing submissions and one would expect more details on ILO Conventions to come from submissions of the ACTU and ACCI, both members of the…

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Could sexual abuse by priests be a breach of OHS law?

In early July 2008, serious accusations about the management of sexual abuse claims by the Australian Catholic Church came to the public attention.  Considerable debate on this current round is available in the Australian media but the ABC show Lateline started the running on the matter.  A useful starting point is an ABC news report on the initial claims.

This week I was conducting some OHS update sessions for a client in which I outlined that one of the objectives of Victoria’s OHS legislation is to

“protect the public from the health and safety risks of business activities”.

And there is a legislative obligation on employers to

“not recklessly endanger a person at a workplace”.

There is a further obligation on employees, in relation to workplace safety and the safety of the public to

“take reasonable care for self and others”.

I put the question to readers – could the sexual misconduct of priests be a potential breach of OHS law?

Coroner to investigate safety management of Beaconsfield mine

A front page report in the The Australian on 9 July 2008 is reassuring safety professionals who had hoped for OHS management details from the Tasmanian Coroner’s inquest into the death of Larry Knight at the Beaconsfield mine.

According to the report

Coroner Rod Chandler yesterday ruled against the mine’s submission that he should simply adopt the findings of the official Melick report into the Anzac Day rock-fall in 2006 that killed Knight and trapped colleagues Brant Webb and Todd Russell underground for 14 days.

Mr Chandler also ruled against the mine’s fall-back position that any inquest should be limited to geo-technical issues.

Instead, he ruled he would also examine risk management at the mine, which was criticised by an expert’s report, the mine’s “financial situation” and the role of Tasmania’s work safety watchdog.

This puts the inquiry iinto the realms of the Sago mine investigation and many other mine fatality inquries.

The full inquest resumes on 22 July 2008.

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