HIP Royal Commission – Leadership and Culture

The findings of the Royal Commission into the Home Insulation Program (HIP) deserve a great deal of analysis by the safety profession. Amongst the lessons are important ones concerning leadership, culture and consultation.

The final report identifies major deficiencies in the design and administration of a major project regardless of the politics and jurisdictional argy-bargy.  Although many are disappointed the report did not identify any big name politicians as the major evildoer, Commissioner Ian Hanger is brutally forthright when necessary.

In the introduction of the report, there are several references to what a “competent administration” would have done, clearly implying that the government of then Prime Minister, Kevin Rudd, was incompetent in the management of HIP. In fact Hanger writes:

“It ought also to have been obvious to any competent administration that the injection of a large amount of money into an industry that was largely ‘unregulated’ would carry with it the risk of rorting and other unscrupulous behaviour.” (para 1.1.19)

“It ought to have been obvious, to any competent administration, that such an exponential increase in work to be undertaken would require a similarly huge increase in the workforce to do it.” (1.1.9)

“The reality is that the Australian Government conceived of, devised, designed and implemented a program that enabled very large numbers of inexperienced workers—often engaged by unscrupulous and avaricious employers or head contractors, who were themselves inexperienced in insulation installation—to undertake potentially dangerous work. It should have done more to protect them.” (1.11.18)

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OHS is not all about covering one’s arse

iStock_000005779267_SmallIt is very common to hear people say that the core motivation for introducing or improving workplace safety management is to cover one’s arse (to protect oneself from various legislative and reputational exposures), be that the collective arse of management, the board and executives or the arse of the individual worker.  This is a fundamental misunderstanding of the intention occupational health and safety (OHS) laws and principles yet the fear of reputational damage is a strong motivator of change with which safety professionals should learn to work and, perhaps, exploit, particularly as the traditional methods for corporate embarrassment, the media, are declining.

The most pertinent research on reputation risk as a motivator for OHS change seems to come from the UK’s Health and Safety Executive in 2005. In a summary report on research into compliance, HSE looked at the motivations of employers for change.  It found that reputational damage was one of many motivators and that each was given around the same weight in deliberations but that

“Respondents cite newspaper reports covering serious incidents and requirement to advise customers of incidents as the best way of increasing risk of reputational damage, followed by a requirement to report health and safety in company reports. ” ( page 10)

This change catalyst relies on two increasingly fragile criteria – the media and annual reports.  The media has rarely reported on OHS issues unless the incident

  • has caused major disruption
  • involves a high profile individual or company
  • involves children
  • can be given a party political context.
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Safe Work Method Statements – their role, their use and their curse

Paul Breslin caused a stir in Australia’s OHS sector in 2013 with his costing of one element of managing high risk workplaces, the Safe Work Method Statement (SWMS).  In 2014, an update of Breslin’s research was published in The Australian and New Zealand Journal of Health, Safety and Environment (only available through subscription), in which he states that

“Industry stakeholders claim that the SWMS Process is no longer manageable and that this document process has failed the industry and has basically outlived its usefulness” and

Recent “criticism has centred on the fact that SWMSs, which were intended to be easy to use documents, have often become so large and complex that they are impractical to use”.

(The latter statement was supported by speakers at a recent (poorly attended) Safety In Construction Conference in Melbourne, Australia.)

Some general industry criticism has been aimed at occupational health and safety (OHS) regulators such as the various WorkSafes and the

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The first Annual Statement on workplace bullying data gets a C+

Recently Safe Work Australia released  its first annual statement on “Psychosocial health and safety and bullying in Australian workplaces“.  This is a terrific initiative but it has a significant flaw – it combines statistical data for harassment and bullying even though they are different hazards, have different remedies, are usually handled by different professions in many organisations, and have different external appeal options.

The Annual Statement itself quotes its origin:

 “The Committee recommends that Safe Work Australia issues an annual national statement which updates any emerging trends of its collated data from each of the state and territory regulators, and the Commonwealth, with respect to psychosocial health and safety generally and workplace bullying specifically“. (emphasis added)

Nowhere in the Annual Statement is there any data specifically addressing workplace bullying.  Bullying is always linked with harassment, contrary to the brief from the House of Representatives Standing Committee on Education and Employment’s workplace bullying report, as I read it.

Continue reading “The first Annual Statement on workplace bullying data gets a C+”

The nonsense of Victoria’s non-harmonisation

[Guest post from Ross Macfarlane]

A rhetorical question: if you were an OHS advisor for, say, a Victorian construction company, would you prefer to rely on a regulatory guidance document issued in 2012, under legislation which is not in force in the State, or one which is well over 20 years old, and issued under another piece of legislation which is not in force in this State?

It is received wisdom in OHS professional circles that the continuing failure of Victoria and Western Australia to implement harmonised work health and safety laws is a triumph of politics over policy – a victim of lobbying by special interest groups, mostly of a conservative persuasion. It is a fact that the goal of nationally harmonised laws was established during John Howard’s Prime Ministership, but it is also a fact that the national model laws were adopted by the Council of Australian Government (COAG) in July 2008 (with a target date for adoption of 1 January 2012,) in a narrow window of time when Labor governments were in power in the Commonwealth and every Australian State and Territory.

I don’t wish in this article to dwell on the politics surrounding of the adoption, rejection or modification of the harmonised laws. Key ideological differences such as the magnitude of penalties and union right of entry are I believe of less consequence than the failure to adopt the common structure and common approach to regulation. Hence I want to focus on some of the anomalies and contradictions that have arisen in Victoria as a result of the laws not being adopted in this State. Continue reading “The nonsense of Victoria’s non-harmonisation”

Interesting new appointment at South Australia’s Master Builders

Modern workers rarely stay in jobs longer than six or seven years because they choose to move on or are working on projects that have a short lifespan. Sometimes opportunities arise that can steer people in unpredictable directions, sometimes to positions of influence.  One example of this type of journey could be Ian Markos.

One newspaper recently wrote:

“The recently appointed director of policy for the SA branch of the MBA, Ian Markos, said a “nanny state” approach was stifling job creation. “There’s a raft of laws and regulations. You’ve got employment laws, you’ve got taxation laws, you’ve got environmental laws, you’ve got work health and safety laws, local council regulations. We’re saying enough is enough,” he said.”

Criticism of occupational health and safety (OHS) laws is not surprising from the Master Builders Association but Ian Markos was with South Australia’s OHS regulator, SafeWorkSA, for many years (with a once-only appearance on Gardening Australia) as the Chief Officer, Compliance, Advisory, Legal and Investigations. Continue reading “Interesting new appointment at South Australia’s Master Builders”

The safety features of the new Polaris set a new benchmark

2014.5-SprtsmnAce4x4-White_f3qThe Weekly Times scored an exclusive this week about a new model of Polaris quad bike which incorporates a roll cage or rollover protection structure (ROPS) in its design.  The significance of the Sportsman Ace is, according to the newspaper and the manufacturer, a “game changer” because it seems to counter the arguments of the quad bike manufacturers against such design changes in submissions to government and in public campaigns.  They have stressed that more effective control of a quad bike comes from driver training and behaviour and that ROPs may itself contribute to driver injuries and deaths.  The Polaris Sportsman Ace, to be released in the United States this week and Australia next month, seems to prove that quad bikes can be redesigned to include safety features, an action that manufacturers have been extremely reluctant to do.

A major critic of ROPs on quad bikes in Australia has been the Federal Chamber of Automotive Industries (FCAI). SafetyAtWorkBlog spoke to a spokesman for the FCAI who explained that the Polaris Sportsman Ace is not an All-Terrain Vehicle (ATV) but a UTV (Utility Terrain Vehicle). Continue reading “The safety features of the new Polaris set a new benchmark”

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