transport – Page 45 – SafetyAtWorkBlog

George W Bush and workplace safety

In 2001, one of the first legislative actions of George W Bush was to repeal the United States ergonomics standard. At the end of his presidency there are indications that he is thinking about the regulatory impost of OHS on businesses again.

Crikey.com and others have reminded us of the Bush Administration’s plans concerning the exposure of workers to chemicals

“David Michaels, an epidemiologist and workplace safety professor at George Washington University‘s School of Public Health, said the rule would add another barrier to creating safety standards, in the name of improving them.

“This is a guarantee to keep any more worker safety regulation from ever coming out of OSHA,” Michaels said. “This is being done in secrecy, to be sprung before President Bush leaves office, to cripple the next administration.””

Propublica has reported that new rules that seem to run counter to current fatigue management guidelines elsewhere have been finalised.

“The Department of Transportation has finalized an interim rule for the number of hours a truck driver may spend on the road per day and per week. The rule, which has essentially been in effect since 2004, allows truckers to drive for 11 hours and work no more than 14 consecutive hours each day. They must rest 10 hours between shifts, and may not work more than 60 hours a week.”

An audio report from 2007 on the issue of working hours is available at NPR

It is hard to see the justification for these safety rule changes but these are just two of many changes in place or being finalised in a rush. Perhaps there is a grander strategy that the bigger perspective will show.

The actions are disappointing but not without precedent. It should be remembered that Democrat President, Bill Clinton, took full advantage of the opportunity.

In Australia and elsewhere, the movement to “cut red tape” gathers strength, it just seems that no one yet is applying the US solution of eliminating the regulatory need.

It is sad to see that throughout Bush’s tenure safety advocates and lobbyists were not able to gain concessions. It will be doubly difficulty to gain anything that may involve a cost to business in the current economic problems.

The challenge will be even greater in Australia where the Safe Work Bill has been withdrawn from Parliament and the Government is willing to weaken election commitments, such as on climate change, due to the economic context.

In just over a month’s time, we will see how new President Barack Obama acts on safety; Australia has much longer to wait.

Leading from the top on impairment

Advocates of safety culture regularly profess that it must be lead from the top of the corporate structure down. This applies a false definition of leadership. Leadership is innovation, understanding and support regardless of one’s position on the corporate ladder.

It is true that professing leadership and corporate goals should be supported by the appropriate actions but that is often the avoidance of hypocrisy rather than seeking active change. It must be acknowledged that leadership can also come from below – in the mail rooms, the cellars, the janitors and from the shopfloors.

Workers in many industries are subjected to random drug and alcohol tests. Often these apply to those workers who operate machinery or drive transport vehicles. And rightly so. These workers must undertake their tasks without any impairment of their cognitive functions. Impairment is a concept that the Australian union movement has struggled with for well over a decade mainly because in the industrial relations world this is close to being “fit for work” and how does one define that? It also has some relationship to “blaming the worker”. In occupational health and safety, it is seen as looking after one’s self whilst looking after others and the obligation to do this has existed for decades in OHS legislation.

Impairment is commonly discussed now in terms of driving while drunk or stoned or while using a mobile phone. But long before this there was “impaired judgement”. As well as being fit-for-work, people needed to be fit-to-think.

On 4 December 2008, the New South Wales Health Minister (and former Industrial Relations Minister) John Della Bosca rejected a proposal from the Rail, Bus & Tram Union (RTBU) to “to make breath-test kits available on a voluntary basis to MPs wanting to check their blood alcohol levels before they turn up for late night votes.”

It is reported that the RTBU secretary Nick Lewocki has said

“All rail workers are subjected to random drug and alcohol tests, an infringement on their personal lives that they are told is necessary due to the safety critical nature of their work. But driving the state is every bit as safety critical, and decisions our politicians make on issues as diverse as health, education and transport policy do affect public lives.”

Ignoring the political devilment of the RTBU, the comment focuses on being unimpaired when making decisions, regardless of the occupation, work task or corporate position. The Minister has been put in a difficult position where he can’t be seen as responding to union naughtiness but there is merit in leading from the top and making breath-test kits available. They are not suggesting random testing or mandatory testing but it is reasonable to expect important decision-makers to be fit-to-think and fit-to-decide.

Perhaps drug testing in the workplace would not be seen as the contentious issue it is if it had already been introduced in the boardroom. The gesture would not be as empty as the corporate leaders may think particularly leading into the season when sauce and ganders were traditionally eaten.

New Western Australian Workplace Fatality Data

The Western Australian government has released its latest statistics on workplace fatalities. The good thing, if there can be such a thing, is that the statistics are over ten years which is longer than most reporting and provide a promising trendline.

As the report states

“The data used to produce this report differs from reports on lost time injuries and diseases. The definition and identification of work–related fatalities requires case-by-case assessment of the work being performed, and the circumstances of the fatal event.”

Let’s hope this approach provides a more accurate picture of safety initiatives and enforcement.

The overview states

In Western Australia there have been 459 work-related fatalities between 1988-89 and 2007-08.
In Western Australia on average a person is fatally injured in a workplace every 16 days.
There has been a consistent downward trend in fatality rates since the General Provisions of the Occupational Safety and Health Act 1984 (the Act) came into effect in 1988-89.
There were 27 work-related fatalities in 2007-08.

Safe Driving and OHS management impacts

SafetyAtWorkBlog has always been critical of those OHS professionals who try to explain OHS in comparison with driving. They are different processes in different environments with different purposes and different rules.

However, there is a section of overlap and this relates to those whose work environment is transport and driving.

Worksafe Victoria has released a “Guide to safe work-related driving“. This is essential reading for fleet managers, in particular, but good fleet managers would already have OHS as part of their driving policies.

For those of us who have not known how to interpret OHS obligations for our company vehicles, WorkSafe has issued these clarifications:

purchasing and maintaining a safe and roadworthy feet
ensuring employees have the relevant appropriate driver licences
scheduling work to account for speed limits and managing fatigue
providing appropriate information and training on work related driving safety
monitoring and supervision of the work related driving safety program.

In this type of workplace, workers seem to have as many obligations as employers but WorkSafe has listed for following as employee duties:

holding a current, valid drivers licence
abiding by all road rules (eg speed limits)
refraining from driving if impaired by tiredness or medication
reporting any incidents required by the employer’s program
carrying out any routine vehicle checks required by the employer.

There are many areas of contemporary life where the OHS obligations can seem absurd but work-related driving has always been a neglected area of workplace safety. Every time SafetyAtWorkBlog receives notification of traffic incidents, the emergency services are asked whether the vehicle was being used for work purposes. Unless it is a bus or a chemical tanker, the question is rarely asked or the information recorded at the scene of the crash. As a result, the data on work-related driving incidents is scant and WorkSafe has done well in applying what there is.

The guide is terrific but it won’t raise the awareness of these necessary business and employee obligations until WorkSafe’s enforcement and investigative resources are included in traffic incidents and until a case law of OHS prosecutions for work-related driving is established.

The practice of having police and criminal prosecutions replacing OHS prosecutions for work-related incidents must end. A transport vehicle is a mobile workplace and should be treated as such by having prosecutions under the road transport legislation AND OHS laws. If not, we will be getting more airbags and less hazard elimination.

Beware the OHS hype on chronic obstructive pulmonary disease

World COPD day was held on 17 November 2008. COPD Stands for chronic obstructive pulmonary disease. As with many of these health-related days there is more hyperbole than substance and often the most relevant information appears after the hype has died down. This is the case with a report just released by the Occupational And Environmental Medicine. [[Chronic obstructive pulmonary disease mortality in railroad workers Online First Occup Environ Med 2008; doi 10.1136/oem/2008.040493]]

According to a media statement that accompanied the report:

They wanted to gauge the long term effects of diesel exhaust on the risks of developing chronic obstructive pulmonary disease (COPD), an umbrella term for progressive lung diseases, such as emphysema and bronchitis.

In 1946, just 10% of rolling stock was diesel powered; by 1959, virtually all rolling stock was.

The researchers checked the health records of the US Railroad Retirement Board, which has maintained digital records of all its employees since 1959, including a yearly listing of all job codes and time spent in post.

Anyone working on the trains (conductors, engineers, brakemen) was considered to have been exposed to diesel exhaust.

Those working in ticketing, signalling, maintenance, admin, and as station masters, were regarded as not having been exposed.

The results showed that those who had been exposed to diesel exhaust were more likely to die of COPD than their peers who had not been so exposed.

The risks increased by 2.5% with each year of employment among those who were recruited after conversion from steam to diesel locomotives.

This risk fell only slightly after adjusting for smoking, a known risk factor for COPD.

Of all the reports that were released in the last two weeks, this one is the clincher because it shows that smoking did not have an appreciable effect on the health findings. There is a direct relationship between a work activity in a work environment and worker health.

This correlation is sadly lacking from other COPD data which reads primarily as a new spin on anti-smoking campaigns.

According to the International COPD Coalition (“a nonprofit organization composed of COPD patient organizations around the world, working together to improve the health and access to care of patients with chronic obstructive pulmonary disease”)

World COPD Day 2008 features new patient and health professional initiatives that address the misconceptions and lack of awareness surrounding chronic obstructive pulmonary disease (COPD). These misconceptions – revealed in a global survey, the International COPD Coalition (ICC) Report – include poor public awareness that smoking is the main cause of COPD, a failure to diagnosis COPD in its early stages, when medication can be used to prevent further lung deterioration, and a mistaken belief that initial COPD symptoms, like coughing and shortness of breath, are a normal consequence of aging.

We may be unaware smoking leds to COPD but we are well aware that smoking can kill you. Whether it is emphysema, lung cancer, heart disease or COPD doesn’t change the fact that smoking increases the risk of premature death. It is insulting that a “World Anti-Smoking Day” needs to masquerade under a new health risk.

For those workers who have suffered work-related respiratory problems the Queensland governmenthave released a very good guide for those who have breathing difficutlies or for those who look after them – the Better Living With COPD – A Patient Guide (pictured below)

Important victory for aircraft maintenance workers

The Department of Veterans’ Affairs may have to pay compensation to the maintenance crews of F-111 fighter planes. In the 1970s employees worked within the fuel tanks of the fighters with little, if any, PPE. In 2004 these workers were excluded from a healthcare and compensation scheme even though, according to one media report, evidence was presented that the workers had

a 50% increased risk of cancer
a two-fold increase in obstructive lung disease;
a two-and-a-half fold increase in sexual dysfunction; and
a two-fold increase in anxiety and depression.

One of the reasons the maintenance crews were denied compensation was that the Royal Australian Air Force (RAAF) had destroyed the maintenance records from before 1992.

An inquiry into the affair has received a submission from the commonwealth Ombudsman, John McMillan, and Labor MP, Arch Bevis, that strongly criticised the destruction and inadequacy of records.

In safety management, record-keeping is often seen, and dismissed, as “red tape”. The reduction of red tape is not the elimination of red tape and the reality of Australia’s increasing litigious legal system is that more records need to be kept, and for longer, than ever before.

Perhaps, the government, in its pledge to reduce red tape and business costs, should look at the lawyers’ insistence to business that the first port-of-call after an industrial incident is to call them so that everything becomes covered by legal-client privilege.

Perhaps it is the pressure to create paperwork than the paperwork itself that is the problem. In the case of the F-111 maintenance crews, regardless of the lack of paperwork, justice seems to be happening. It is just sad that so much pain and suffering had to be endured before getting close to a resolution.

Click HERE for a personal reflection on the health issues of the workers from one of Australian Rugby League’s champions, Tommy Raudonikis.

Maintaining professional standards by looking outside the discipline

I am a great believer that solutions to hazards in one industry can be applied or adapted to other industry sectors. Regular readers of SafetyAtWorkBlog are aware of the cross-referencing between general workplace hazards and some solutions from the sex industry.

However, solutions can come from other countries as well, and not just from the United States. Last week, a car bomb set off by Basque separatists in the University of Navarra in the northern city of Pamplona resulted in 248 people being treated for respiratory trouble, coughing and nausea from inhaling unidentified gases. A university spokesperson, Javier Diaz, reportedly said that the fumes were generated by repair works that “are related to the terrorist attack.”

This occurred seven years after the 9/11 attacks in New York and after the resultant and widespread reporting of persistent health issues suffered by relief workers and emergency services personnel. Yes, fumes are different from airborne particles of asbestos but the hazard, and the control mechanisms, are similar. The lessons of exposure by emergency workers in disasters are obviously still to be learnt.

This morning, 10 November 2008, we wake up to a Russian submarine disaster that immediately reminds us of the tragedy of the Kursk in 2000. Overnight 200 submariners and shipyard workers were affected in the K-152 Nerpa submarine from exposure to freon gas. Three servicemen and seventeen civilians have died. Initial reports say that the gas was released when the fire extinguisher system was activated.

Russian submarines off the east coast of Russia can easily be dismissed by newspaper readers and business professionals as largely irrelevant but the media has said that

“A Russian expert has reportedly said that a lack of gas masks among too many untrained civilians may have elevated the death toll in the submarine.”

Does insufficient PPE and training sound familiar? The release of gas in a restricted area?

For OHS professionals everything is relevant to making the best decisions possible for clients and employers. The trick is to allocate the appropriate level of relevance to the information. Risk managers and OHS professionals need to filter information from the widest possible pool of knowledge in order to provide the best advice.

We are not all Russian shipyard workers in a just-built submarine but, increasingly, we could be helping people from the rubble of a collapsed building, or helping in the aftermath of a natural disaster or a terrorist attack, or advising on a fire safety procedure and safe design of buildings. We need to read, listen and digest so as to maintain and improve our personal core body of knowledge.

Category: transport

George W Bush and workplace safety

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Leading from the top on impairment

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New Western Australian Workplace Fatality Data

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Safe Driving and OHS management impacts

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Beware the OHS hype on chronic obstructive pulmonary disease

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Important victory for aircraft maintenance workers

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Maintaining professional standards by looking outside the discipline

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