A slap on the wrist – Varanus prosecution

The West Australian government has finally decided to prosecute Apache Energy over the Varanus Island explosion in 2008.  Many people are asking if the effort is worth the bother as the maximum penalty possible is a measly $A50,000.

Comparing the disruption to the state’s gas supply to the Esso-Longford explosion, which generated a Royal Commission in Victoria, it illustrates the difference in having an explosion in an isolated area, that does not kill or injure, and that allows a government to ensure domestic gas supplies.  One could argue that a major difference was also that WA did not rely solely on a single gas source.

According to one media report

Apache spokesman David Parker said it would vigorously defend the matter. “The explosion was an unfortunate and unforeseen event”.

Explosions often are unfortunate and usually unforeseen but adequate maintenance requirements of pipelines are foreseeable, just not often profitable.

Apache Energy, a subsidiary of the US energy giant Apache, has not been the most transparent and helpful corporate citizen as it has taken Federal Court action that impedes the government’s investigations.

Kevin Jones

More on the Varanus pipeline can be read by searching for “Varanus” in the search function to the right of this blog page

Being competent is more than just passing the competencies

The SafetyAtWorkBlog article on OHS professional competence has generated some lively debate on a discussion forum of the American Society of Safety Engineers.  Jim Leemann makes a fundamental point

“Determining if someone is competent to do a job is totally different from determining if someone has mastered the competencies to do the job”.

This is an important element in the discussion on qualifications versus experience. Often it is the case of the technical qualifications gaining one an audience but experience that keeps the audience listening.  Jim expresses it this way

“My empirical research on competencies that distinguish superior performance has revealed that performance is driven more by behavioral competencies than technical competencies. In fact, mastering technical competencies only earns an OHS pro a seat at the decision-maker’s table; it has nothing to do with distinguished superior performance. In fact, technical competencies do not do anything to distinguish superior performance because decision-makers expect OHS pros to have mastered their technical competencies before engaging them in any decision-making processes; hence the reason they have been invited to the decision-making table.”

One engineer expressed views that often come up in discussions in this area – the feeling that experience is less valued than technical qualifications or, in some cases, one’s sphere of influence.

“…I have been in the EH&S field in some form or another for 25 plus years. I believe there is much to be said of the school of hard knocks or on the job learning. Bottom line I would find it very hard at least in North America to have a new regulator show up at my door with text books in hand and try and explian(sic) some of the regulation that I have worked with for years and determine I don’t know my job.“

Jim’s points may be the issues that have underpinned  concerns about the Australian processes for establishing a safety profession.

There is nothing uniquely OHS about this dichotomy but because health and safety in Australia has not matured to the extent it has in other countries the conflict is continuing.  Australia needs, and deserves, someone to cut through the political and personal agendas to implement much needed reform.  A good opportunity could have occurred with the establishment of Safe Work Australia but the heavy reform agenda of the Rudd government means that no department is going to taken on more than they have to.

Kevin Jones

Blue Card training needs a review

Most workers meet OHS training through short courses, perhaps even inductions.  Few have the time, the desire of the finances to pursue a tertiary qualification.

Australia has recently achieved a uniformity in its “card system” of OHS training for construction workers.  The card concept originated from the Safety Passport used in some European industries and is intended to provide a common set of OHS skills to workers so as to reduce on-site induction time and costs.  It is a worthy initiative and has improved safety awareness on work sites however any training program needs to include self-improvement.

(A national OHS induction system should be part of the Australian Government’s response to the recommendations of the model OHS law review panel.)

Current training seems to have reached the point where too much is trying to be done in too little time. Blue Card training can be undertaken in 6 hours and covers over 50 workplace issues!!  Yes the training is only for “safety awareness” but 50 issues in around 5 hours is absurd unless the training runs something like

  • Smoking in the Workplace – DON’T DO IT
  • Job Safety Analysis – GOT TO HAVE ONE
  • Fatigue Management – GO TO BED EARLY
  • Alcohol and Drug – MAKE SURE THE EFFECTS ARE GONE BY MONDAY MORNING
  • PPE – WEAR WHATEVER THEY GIVE YOU

One would have to ask if this training is really worth it.  The main reason the training is offered at all is that it is a mandatory requirement for many worksites and the construction industry.  But what good is having a Blue Card if the training is too simple, too generic?

A universal/national level of safety awareness or induction would be ideal but the current system and its implementation leaves a lot to be desired.  Let’s hope that reform of this process is on the agenda of the new Safe Work Australia organisation.

Kevin Jones

Below are the components of a Blue Card safety awareness training program currently offered in Australia: 

Module 1: OSH – The Law, Your Employer and You

  • legislation, regulations, codes of practice, guidelines and standards
  • right to refuse work
  • responsibility for regulation by WorkSafe
  • general duties of care – public safety, employee, employer, manufacturers and suppliers
  • safety and health representatives and safety and health committees
  • resolution of safety and health issues
  • workplace policies and procedures
  • reporting of serious occurrences, injuries and hazards
  • workers’ compensation

Module 2: Managing Risks in the Workplace

  • understanding the meaning of hazard and risk
  • risk assessment/management
  • control methods for managing risks
  • job safety analysis worksheets
  • five steps to complete a JSA
  • emergency procedures and response plans
  • emergency situations
  • emergency response training

Module 3: Staying Safe in the Building and Construction Industry

  • employee responsibility
  • effects of shift work
  • how to manage the effects of shift work
  • fatigue
  • your personal alertness
  • diabetes
  • obesity
  • depression
  • safety management systems
  • benefits of a safety management system
  • examples of safety rules – equipment and tool safety
  • performing high risk work
  • housekeeping
  • personal protective equipment
  • prevention of skin cancer, eye damage and mosquito born viruses
  • safe manual handling
  • alcohol and other drugs at the workplace
  • smoking
  • alarm systems and emergency exits/escape routes
  • responding to emergencies
  • fire equipment
  • first aid

Module 4: Environment and Other Considerations

  • the working environment and weather conditions
  • heat stress
  • hypothermia
  • safety signage
  • tag and lock out isolation procedures
  • environmental issues and responsibilities
  • vegetation
  • native fauna
  • water pollution
  • atmospheric pollution
  • entry into confined spaces
  • working at heights
  • safety rules for working on ladders
  • electrical safety
  • hazardous substances

The tenuousness of safety culture

Only a few days ago, SafetyAtWorkBlog questioned the usefulness of vision statements.  A leaked internal memorandum from the structural mechanical process division of John Holland reported in the Australian media on 27 April 2009 shows just how tenuous such statements can be.

According to an article in the Australian Financial Review (not available online, page 3), the divisional general manager, Brendan Petersen, listed 81 injuries to subcontractors and employees and 51 near-misses in 2008.  The memo acknowledges that the situation is “unsatisfactory and unacceptable” and Petersen makes a commitment to “do something about it”.

The trade unions have jumped on this memo as an indication that John Holland is not living up to its principles, although there is a lot of irrelevant and mischievous industrial relations baggage behind any of the current union statements about John Holland’s operations.

Petersen’s memo admits that, as well as his division’s performance being unacceptable

“we also have sites that consistently allow work activities to be undertaken in an uncontrolled or unsafe manner, sites that don’t take employee concerns about unsafe workplace conditions seriously and sites that don’t report near misses so as to learn from them and ensure the situations never re-occur again.”

That such an established company with such an active program of safety management acknowledges these deficiencies is of great concern.

On being asked about the memo, Stephen Sasse, John Holland’s general manager for HR, spoke of optimism and the safety efforts introduced since the 6 April memo however, behind his words is an acknowledgement that the safety culture has not been supported.

“To an extent [the memo] is an exhortation to middle management and supervision, and to an extent it is a warning that we cannot tolerate staff who do not share the John Holland values around safety…”

The John Holland values are listed on their website as 

  • “Commit to the successful completion of a wide variety of construction, mining, services and engineering projects through our specialist and regional construction businesses 
  • Commit to continuous improvement in all we do 
  • Understand our clients’ businesses
  • Achieve our vision of “No Harm” through safe and responsible work practices 
  • Build and maintain open lines of communication with our people’ our partners and our clients
  • Provide excellent returns to our stakeholders
  • Create an environment where our people are challenged, motivated and satisfied
  • Conduct business ethically, honestly and with diligence at all times”

The No Harm value is expanded upon through it’s “Passport to Safety” program.

In the AFR article, it is noted that Comcare currently has four federal court prosecutions occurring against members of the John Holland Group.

It seems trendy to broadcast the values of a company’s safety management system as if they are new and unique to their companies when, in fact, many of the values reflect legislative obligations under OHS law.  The trap that many companies are facing is that reality does not match the ideal, and may never do so.

A strong argument can be made to be a quiet achiever on workplace safety – to just get down and get managing – without trumpeting the values that can become an embarrassment when the real world pierces the academic fog of the MBA.  Perhaps true safety leadership comes from those who do it on the shop floor rather than than those who advocate it in the boardroom.

Kevin Jones

Vision statements = hypocrisy (mostly)

 I have experienced two situations recently which made me question the value of corporate mission statements.

Recently the CEO of an Australian company spoke about how safety was a core value and how committed to safety she was.   She is a recognised leader in safety and directly involves herself in safety management and meetings. However, her employees in the audience were shaking their heads because the safety culture she espoused was not as widespread through the company structure as she believed.

The other situation was a staff meeting I attended with a regional CEO and International CEO where they were unaware that employees in regional offices and undertaking shiftwork had not been integrated into the corporation. In fact the shiftworkers had not been informed of the CEO visits until the last minute.  The company has “integration” as a corporate value.

Leadership (a most dubiously-applied concept in my mind) and vision statements may “come from the top” but they do not flow by themselves to the four corners of a company. They must be worked on, almost as a full time mission.

Vision statements have been promoted in so many corporations that have fallen over through mismanagement that statements have become a bit of a joke, in most circumstances.   Nothing kills motivation quicker than hypocrisy.

(This also occurs in organisations that begin a program of corporate restructure and positioning, and the first item on the agenda is a “sexy new logo.)

It is important to remember that Enron’s motto was “Respect, Integrity, Communication and Excellence.”  If one thinks that Enron is an unfair corporate example, look at one’s own company statement and seriously ask yourself whether all elements of the company are operating to those standards.  Perhaps, someone needs to provide corporate morality audits.

Lastly, any vision statement must accept and mention that the principal aim of any company is to make money (a fact I learnt from Peter Sandman).  To omit this reality immediately shows that the statement is not grounded and is simply management spin.

Kevin Jones

Professor Quinlan outlines the roles and approaches of the OHS inspectorate

The Safety in Action conference is lucky to have Professor Michael Quinlan as a keynote speaker, as he has seriously curtailed his conference appearances to favour those that benefit the safety profession over the commercial conferences.  His, and Richard Johnstone’s, research on 1200 inspectors has provided useful insight into the effectiveness and roles of OHS inspectors.  The project also interviewed HSRs and employers and visited a large variety of workplaces.

Michael Quinlan at Safety In Action Conference
Michael Quinlan at Safety In Action Conference

Inspectorate activity focused on in the report was in the traditional areas initially.  But although statistics overstate the effectiveness of the visits, the bulk of their activity relates to targeted strategies, as targeted enforcement provides a greater return.  This may be important to remember when listening to presentations from the regulators about their performance indicators.

Less than half of an inspector’s time is spent in talking with workers.  Most attention was on plant and documentation was low except in major hazard sites.  Inspectors don’t ask about the participatory structures which Quinlan sees as a major deficiency.

Inspectors currently have much better communication skills than in previous incarnations.

In 50% of the cases studied there is no action taken by inspectors, 25% are verbal instructions, improvement notices issued in 34%. 

The research also asked what standards were referred to by the inspectors with the most common being process or performance standards.  Inspectors are very hesitant in providing advice on potential solutions yet they are often the best placed to provide advice.

Inspectorate training has greatly improved and inspectors do apply their enforcement skills selectively.  Some employers want notices in order to gain the attention on safety matters from the executives.

“Zero Harm” often fades to zero injuries and becomes implemented more restrictively than intended due to the realisation of the workload in achieving  the corporate goals.

Inspectors are more cynical on audit tools because the tools in many cases have become checklist compliances with insufficient resources to improve safety in reality.

Inspectors struggle with psychosocial issues but the general opinion is that managing the issues will evolve in a similar way to that of manual handling over the last 20 years.  Often bullying cases can take up a lot of inspector’s time with less than perfect outcomes.

Inspectors are beginning to see safety within the business/management context and provide more assistance with managers.  Inspectors are very aware of the risks associated with paper compliance management systems.

Inspectors don’t interact sufficiently with unions and HSRs.  Well-managed worksites are prepared to include a second opinion on safety, often from unions.  Those sites that are not inclusive should raise a red flag.

Repeat visits by inspectors are the most effective technique in safety improvement but under-resourcing hampers this technique.

Kevin Jones

OHS and Corporate Responsibility in Asia

In 2000, Melody Kemp was interviewed for Safety At Work magazine about her experience monitoring Western corporations’ workplace safety in Asia. Below is an extract of that interview.

In 2000, Melody Kemp was interviewed for Safety At Work magazine about her experience monitoring Western corporations’ workplace safety in Asia.  Below is an extract of that interview.

The full interview is available by clicking the HERE.pages-from-2i5-melody-kemp-interview

Recently you were part of an international OHS inspection team in Indonesia. Can you tell us about that?

I guess the reason I became part of the team was that I was known to the social research group that we were working with.  First, Reebok, who we were working for, put the job out for tender, which was actually quite unusual.  Normally the other shoe companies tend to elect an international consulting accounting firm like Price Waterhouse or Ernst Young.  

The woman who took over the human rights job used to work for the Asian Foundation and she had a totally different set of beliefs.  She had a background in social activism and human rights, so she was interested in a different approach.  Being as independent as they could be they decided to take this opportunity. They subcontracted to a prominent social research group who have worked for World Bank and have a lot of status.

Also, they were all Indonesians while I was the only foreigner on the team but I also speak Indonesian.  A major factor was that we were all familiar with the language and culture.  They needed an OHS person, they preferred to work with a woman, and I was the only woman they could find in Indonesia with that mix of skills. 

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