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Government report into plastics and chemicals

Australia’s Productivity Commission has released a report into the national regulation of plastics and chemicals. The supplementary report has additional topicality as it is released a week before the Review Panel into Model OHS Law presents its report to the government. The key points of the Productivity Commission report are

“The Productivity Commission has recently completed a research report on the regulation of chemicals and plastics in Australia. In most cases, national approaches to regulation were found to deliver significant benefits compared with each state and territory pursuing its own approach. This supplementary paper provides a more detailed examination of some of the features of these national arrangements.
National approaches to regulation should draw on the strengths of each level of government:
- Commonwealth, state and territory governments acting together through Ministerial Councils or other forums can provide leadership and policy frameworks for national issues.
- The Australian Government may be best placed to play a role in policy coordination, and to undertake national risk assessments.
- State and territory governments are often best placed to enforce regulations and respond to the needs of sub-national constituencies.
Improvements in national consistency can be achieved through a range of mechanisms, including through jurisdictions:
- adopting uniform regulations
- harmonising key elements of their regulatory frameworks
- mutually recognising other jurisdictions’ regulations.
In chemicals and plastics, the most common legislative mechanisms for achieving national consistency have been to use template or model legislation, regulations and codes of practice. The template and model approaches can be effective, but both have their weaknesses.
Because the process of developing and implementing nationally-consistent regulations can be costly and drawn out, reform should only be pursued where there are prospects of material net benefits.
In the past, the Commonwealth has provided incentives for state and territory governments to forgo some sovereignty so as to achieve the benefits of national consistency. This approach was effective in encouraging and enabling the reform process.”

The report recommends that national intergovernmental bodies set policy, the national government coordinates policy and the States enforce it.

The three mechanisms for consistency will be familiar to safety professionals and OHS advocates.

“adopting uniform regulations” – already being investigated through the national review panel
“harmonising key elements of their regulatory frameworks” – this was flagged almost two decades ago by the National OHS Commission and work in some industrial and regulatory areas has been completed on this
“mutually recognising other jurisdictions’ regulations” – the east coast states have already achieved this with some of their licencing. OHS regulators in New South Wales are already co-producing and co-badging OHS guidelines

Although the development and implementation of legislation should not be dictated to by economics, the review panel came about through a push to reduce red tape and business costs so it is unlikely that any suggestion that may increase cost to business will appear, particularly as the Prime Minister is reiterating the hard financial challenges we all face.

The risk in an approach where

“reform should only be pursued where there are prospects of material net benefits”

is that important long-term improvements can be ignored or, worse, dismissed.

The last point above seems to support the recent statements by the Minister for Workplace Relations, Julia Gillard, on achieving trade-offs, some would say pay-offs, at state level in order to achieve change through the intergovernmental consultative structures.

It is important to note that the Productivity Commission’s report is not about OHS but industrial regulation. The release of the Commission’s report is likely to be a coincidence but, for some sectors, it can be seen as preparatory for the OHS Law Review Panel’s final report.

Kevin Jones

Gillard’s plans for new OHS agency – response

It was predictable for the Opposition party to accuse Julia Gillard of arrogance for bypassing the Parliamentary process. Senator Eric Abetz wrote to the letters page of AFR on 21 January 2009, the text of the letter is below (although there were slight changes in the published version)

“It is highly arrogant and misleading for Workplace Relations Minister Julia Gillard to blame the so-called “intransigent” Senate and the Opposition for the delay in implementing harmonised OH&S laws (‘Gillard defies Senate on work safety”, 20th January 2009).

As the Shadow Minister who dealt with the issue in the Senate, I know that the facts of the matter are that what you might regard as an unlikely alliance of the Coalition, Family First, the Greens, Senator Xenophon, the ACCI and the ACTU (yes, even the ACTU) all agreed that the amendments proposed and passed by the Senate were necessary.

Unfortunately, our offer to meet with Ms Gillard to negotiate a way forward on this matter was rejected by a Minister who apparently thinks “it’s my way or the highway”. It is indicative of the disregard that the Rudd Government shows for the Parliament and the Senate is that it is now seeking to circumvent it on this important matter.”

The risk from the Gillard strategy is that once the process is completed the regulatory agency will forever be accused of being illegitimate, or a political ideological construct, having not undergone due process through Parliament. The Labor government needs to look beyond political expediency to construct a national OHS regulatory body of which noone can object.

Comment continues to be sought from the labour movement and opposition political parties.

Kevin Jones

New potential carcinogen and occupational asthma

There are two reports of concern in the next edition of the journal of Occupational and Environmental Medicine. One (Cancer risks in chemical production workers exposed to 2-mercaptobenzothiazole – Online First Occup Environ Med 2009; 10.1136/oem.2008.041400) raises the increasing likelihood that 2-mercaptobenzothiazole, or MBT, could be carcinogenic.

The article reports on a study of workers in a rubber chemicals plant in North Wales. It found that

“Based on national statistics for expected death rates, workers exposed to MBT were twice as likely to die of gut (large intestine) and bladder cancers.

Based on national statistics for expected new cases of cancer, they were also twice as likely to be diagnosed with bladder cancer, and four times as likely to be diagnosed with multiple myeloma (bone marrow cancer).”

The other article (Occupational exposures to asthma among nursing professionals Online First Occup Environ Med 2009; 10.1136/oem.2008.042382) is similarly worrying. Moreso because the chemical products mentioned in the report are well-known substances, such as latex gloves and gluteraldehyde, and control measures are very well established.

“…those who regularly cleaned instruments were 67% more likely to report a diagnosis of asthma since starting their job.

And nurses who were regularly exposed to general cleaning products and disinfectants were 72% more likely to say they had been newly diagnosed with asthma, and 57% more likely to report symptoms similar to asthma.

Those nurses working with solvents and glues used in patient care were also 51% more likely to say they had symptoms similar to asthma.”

In both these circumstances occupational health and safety has established control measures that can reduce the harm from these products. What they illustrate is that OHS professionals may apply a consistent standard of expectations that often strengthen as clients remain in one specific industrial demographic but workplaces, decades after hazards are known, have a highly variable level of safety and compliance. This sounds obvious but specialisation can lead to complacency in advisers as much as customers.

It is also useful to note that the carcinogen research was in North Wales and the asthma study in Texas. Both these countries have strong OHS legislation and a good amount of OHS resources but still unacceptable levels of occupational illness. It is this level of resource and attention that has provided the chance for these studies to be undertaken.

“The more we look, the more we find”

Kevin Jones

Evidence of horse racing risks

The Australian Medical Association (AMA) has commented on an article in the Medical Journal of Australia (MJA) entitled “The incidence of race-day jockey falls in Australia, 2002-2006”. The AMA summarises the report’s statistics

“Falls occurred at a rate of 0.42% in flat racing and 5.26% in jumps racing. Although most falls occurred pre- or post-race, falls occurring during the race resulted in the most severe injuries.”

However, the statistics, that can only be accessed fully by subscribers, should be looked at more closely in order to investigated the most appropriate control measures. It should be noted that the risks for horses is not part of the report.

The report finds

“There were 3360 jockey falls from 748 367 rides. Falls occurred at a rate of 0.42 per 100 rides in flat races and 5.26 per 100 rides in jumps races. In flat racing, 54.6% (1694/3101) of falls occurred before the start of the race and 11.1% (344/3101) of falls occurred post-race. The 34.3% (1063/3101) of falls that occurred during flat races resulted in 61.7% (516/836) of the injuries sustained. In jumps racing, most falls occurred at a jump and 9.7% (25/259) of jockeys who fell were transported to hospital and/or declared unfit to ride. There were five fatalities resulting from falls during the study period, all in flat racing. Fall and injury rates were comparable with those found in the United Kingdom, Ireland, France and Japan.”

The authors found that

“Being a jockey carries a substantial risk of injury and death. Although rates of injury in Australia are not exceptional by international standards, there can be improvement to safety standards in the Australian racing industry.”

Most reports end with statements that seem blatantly obvious but it is worth considering the findings that the five jockey fatalities were “all in flat racing”. These finding would question the strategy of some safety lobbyists who focus on jumps racing.

The available information says that 85% of falls resulted from the jockey being dislodged. More useful information would come from looking at the specific causes of the injuries – head trauma, shoulder injury, back… This information is not publicly available but is crucial in determining what type of PPE jockey’s should wear, if any. Much work is aimed at helmets and protective vests, and banning jumps racing with which the statistics from this report may assist.

WorkSafe Victoria’s guide on track safety mentions some track or barrier design changes. It would be useful to know what injuries resulted from jockeys falling on railings in order to verify the value of the redesign recommendations. Granted the WorkSafe recommendations don’t specifically address race day conditions but in terms of track design the situation is not relevant.

Specific information on jockey injuries in Victoria was reported to WorkSafe in 2006. The report found

67% of falls injuries recorded in the RVL [Racing Victoria Limited] data set are suffered by jockeys at race events;
33% of falls injuries recorded in the RVL data set are to licensed jockeys at track work;
43% of falls injuries recorded in the VWA [Victorian WorkCover Authority] data set are to track work riders (excluding licensed jockeys) at track work.

Control measures are recommended in the WorkSafe report, a report that was not referenced in the MJA article even though other work by one of the report’s authors, Steve Cowley, is mentioned.

All reports and investigations have their limitations and specific aims but it is disappointing that the MJA article was more interested in benchmarking than proposing safety solutions. The researcher’s aims for the MJA report was stated as

“… to determine the incidence of falls, injuries and fatalities occurring at race meetings in Australia, and to compare them with overseas rates.”

An opportunity was missed to provide some information on the safety changes that could reduce the injuries to, and fatalities of, jockeys.

Kevin Jones

Safety promotion needs backup

WorkSafe Victoria has had considerable advertising success by focusing on the social impact of workplace injuries and death. In the newspapers and television over Christmas 2008, WorkSafe ads, like the billboard above, were on high rotation but, after the high number of workplace fatalities in January 2009, the strategy must be needing a review.

In terms of OHS promotion generally, branding and awareness strategies are valid however, when the messages of the strategies continue to be ignored, alternatives need to be developed. The fatality figures imply that family is “the most important reason for safety” but only for a short time or in limited circumstances. When you return to work the work environment or your approach to the work tasks are worse than before Christmas.

The reality of advertising is that it is often cheaper to raise awareness than change the behaviour of clients, in terms of OHS, this would be both the workers and the employers. Raising safety as a business priority requires considerably legwork by regulators on-site and through industry associations. Few OHS authorities around the world seem to be applying hands-on approaches to the extent required.

Part of the reason is that trade unions used to be the shopfloor safety police, as anticipated by Robens in the early 1970s, but trade union membership is at record low levels. The deficiency in the safety profile on the shopfloor or at the office watercooler is not being picked up by the employers.

Media campaigns are the public face of safety promotion but they should not be a veneer. Regulators need to provide more information on the alternative strategies they already employ, or plan to introduce, so that promotion is not seen as an end in itself.

Direct business and CEO visits have been used in the past but given up because these were short term initiatives. In Victoria, high level visits by regulators to CEOs, board members and directors had a considerable impact in the 1990s but there was no follow-up strategy to maintain that profile. Ten years on there are a new set of senior managers who could do with a bit of prodding.

Kevin Jones

OHS as an agent of change

Tom Bramble is a Queensland socialist academic who recently published a history of Australian trade unionism. I attended his book launch in Melbourne and found it partly inspiring and partly disconcerting.

Tom (pictured here) was an excellent speaker and seemed to be a known entity to the strongly socialist audience. It was the audience that I found disconcerting. I had not been in so overtly socialist circles for over a decade and although disconcerted, the atmosphere was refreshing due to the level of passion in the speakers.

I regularly write about the industrial relations context of workplace safety so I was disappointed that Tom did not mention OHS as an agent of change. I went back to his book and looked for mentions of workplace safety knowing that there have been disputes over OHS in the trade union movement and often workplace fatalities have generated politic pressure and outrage.

There were some mentions of of safety or health conditions but these were often as an add-on to the more industrial issues such as wages. Perhaps this is where OHS should be but I can’t help thinking that safety and health can be important elements of emphasising the importance of a dispute by appealing to basic worker and human rights. One example in Tom’s book is the Mount Isa Mine dispute in 1964 where the state of amenities block was a source of tension. Given the devastating effect of asbestos, lead and other industrial illnesses, I expected health and safety to have a much higher profile.

Perhaps, my expectations were too high as I had been reading a history of the Queensland Fire Service where the safety and safety equipment were important elements and even motivators for disputation. Indeed, the issue of PPE in the emergency services remains a hot issue even in 2008.

Arguing for improved safety equipment is a useful example of OHS as an agent of change because of the direct relationship of PPE as a hazard control mechanism.

I don’t accept the position that firefighting is riskier than working in construction. Construction faces a constant presence of hazards whereas firefighting is highly intermittent even though the risks may be more intense.

Australian workplaces have a sad history of fatalities, falls, poisoning, suicides, amputations, crushings, runovers and drownings. Each of these issues have generated change in specific workplaces. Some have generated political, organisational and cultural change. It seems to me that a history of workplace safety in Australia may be needed to show people how the little brother of industrial relations affects change from an, arguably stronger moral position.

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.’

Category: safety

Government report into plastics and chemicals

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Gillard’s plans for new OHS agency – response

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New potential carcinogen and occupational asthma

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Evidence of horse racing risks

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Safety promotion needs backup

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OHS as an agent of change

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Workplace health – international response

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