Category: Uncategorized

SafeWorkSA executive receives Queen’s Birthday honour

Every year I look through the Queen’s Birthday Honours list in Australia, looking for somebody who has been awarded an honour for services to occupational health and safety.  Almost every year, there is nothing but in 2012 one person was awarded a Public Service Medal “for outstanding public service in the area of occupational health and safely.”

This year, Michele Patterson, Executive Director of SafeWork SA was awarded the Public Service Medal.  There is an outline of the justification for the award online  (at page 389).

Congratulations.

Kevin Jones

Brodie’s Law not being applied. Perhaps a broader context is needed.

Workplace bullying is a hazard that must be recognized, addressed and punished, but above all prevented. “Brodie’s Law” was always going to be a part of this challenge but never the solution.

Today’s Age newspaper bemoans the fact that “Brodie’s Law” has not been applied since its introduction 12 months ago.  This is not surprising and the article provides some clues to why.

The application of this law seems now to be mainly intended for the Victorian Police force and, as with any police force, there are a great many items on their agenda of which workplace bullying is only one.

Policing and harm prevention

It can also be asked why the Victorian Police force is policing a workplace issue?  Workplace safety is principally the responsibility of the employer or, in the new language, person conducting a business or undertaking.  The bullies and employer involved in the bullying of Brodie Panlock were prosecuted under occupational health and safety law, not the Crimes Act. Continue reading “Brodie’s Law not being applied. Perhaps a broader context is needed.”

Where can I get my own Cynthia Carroll?

The June 2012 edition of the Harvard Business Review includes a fascinating article (extract online ) on safety by the controversial CEO of Anglo American, Cynthia Carroll.  The whole article is well worth reading but there was one element that I found particularly interesting, Carroll’s mention of zero harm.

Carroll visited operations in South Africa where Anglo American employed 86,000 people from various cultural background s and literacy. She writes:

“When I visited the operations, my conversations with local managers were frustrating. Safety was improving, they assured me, but it would never be perfect. My goal of zero harm was simply not achievable. The head of our platinum operations at the time insisted repeatedly, “Cynthia, you just have to understand…” As I talked to people and examined the facilities, I wondered how much authority someone who is underground for hours on end, with a shift supervisor right behind him, really has. I questioned whether a line worker had the power to put up his hand and say, “I’m not going to do this, because it is unsafe.””

Following a fatality on the day of her visit and in conjunction with the safety concerns she had, Carroll closed the Rustenburg platinum mine for a structural safety makeover. Continue reading “Where can I get my own Cynthia Carroll?”

OHS reform is a relatively small regulatory concern for Australian small businesses

Many business groups in Australia have been bemoaning the potential increase in OHS compliance paperwork, often on the basis if the impact on small business, applying the logic that the small business sector has the least capacity to cope. Yet a survey of small business attitudes to “red tape” released this week questions the level of concern over OHS.

The June 2012 Sensis Business Index clearly shows that almost one-quarter of Australian small businesses want taxation regulation to be reformed most of all. Only 2% believed that OHS was the regulation needing most reform.

CEO of the Council of Small Business Organisations of Australia, Peter Strong, stated that

“The findings…. provide a framework for many important areas of regulatory reform that will benefit small business…”

As a tool for lobbying government on taxation reform, the survey results are supportive but in relation to OHS reform, OHS is equal to pay rates and planning regulations at 2%. Continue reading “OHS reform is a relatively small regulatory concern for Australian small businesses”

Social obligation is lost on some

In response to the Weekly Times’ articles on quad bike safety and the mandatory use of helmets, one letter writer in this week’s edition of the newspaper wrote:

“More state lunacy… Accidents happen, legislation cannot stop this. Free people have the right to decide such things for themselves.”

The letter writer has a strong belief that accidents happen and that nothing can be done to stop the harm, particularly through the application of legislation. This view is in the minority but is still spoken in some social circles, although the volume of such statements may have reduced over time.

The statement shows a misunderstanding of the cause of accidents and there is always a cause, or several. It is no longer socially acceptable to concede a workplace death as an Act of God or “shit happens”, although only recently in an expensive rail safety seminar, “shit happens” was said repeatedly. The letter writer’s statement is one of hopelessness, the antithesis of the values of the safety profession and OHS regulators.

Philosophers can argue the point more effectively but if one is to concede that “accidents happen”, that “shit happens”, then one should also not expect to be covered by workers’ compensation or compensated if injured in a public footpath or seek financial restitution if assaulted at a crowded nightclub or in a dark alley. What outrage would be felt if one was to lodge a workers’ compensation claim and the insurer’s response was “accidents happen, good luck with your disability”.

The “nanny state” epithet is short hand for lazy thinking, social ignorance and selfishness.

Safety often involves investigation, perhaps even “CSI:Safety” – Grissom in a fluoro vest. We must seek the root cause, in loss prevention terms, or contributory factors in the modern OHS and risk management context. From analysis comes insight and from insight comes prevention.

It is hard to imagine that anyone who may have lost a loved one in an industrial, or agricultural, incident could have written this letter to the Weekly Times. It is slightly easier to imagine that there are people in society who just do not care about the welfare of others and they write occasionally to the Weekly Times about the “nanny state”.

Kevin Jones

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT).  The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers.  The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

Pro-active safety means nothing

Australia has embraced a bizarre safety concept of “pro-activity” that is confusing our understanding of intention in the next phase of OHS laws, active safety management.

It is essential to have an active safety management system, a safety management system that is not passive.  Having a positive duty for safety, as required by the upcoming new Australian OHS laws, means that companies must be active in managing safety and not sitting back, complacent in their (supposed) compliance, waiting to react to the latest hazard and implementing a new policy related to the hazard but not fixing the hazard.  It is a little like the difference between active and passive fall protection devices.  In which would you place greater trust in saving your life?

Many safety people urge others to be pro-active on safety but “pro” has many meanings.  (a brief history of the term is at wiktionary) The definition most relevant to the new terminological context is “before in time, place, order….”  It is urging businesses and professionals to anticipate the action on safety, or to bring that action forward in time.  Is it any surprise that companies look at safety professionals and wonder what they are on about?

“Pro” may also imply an increased level of support for safety, as in a “pro and con”.  It is doubtful that the definition of ‘pro” as being shortened from “prostitute” is relevant in the OHS context but it would only take a prostitution support group to start advocating a “pro-active safety management system” for the sex industry for “pro-active” to die the death it deserves.

Every industry and profession has jargon but every industry and profession must also communicate with society in Plain English.  Jargon has no place in broad communication and workplace safety, to succeed and improve, must communicate broadly.

Let’s put “pro-active” with other unhelpful safety terms such as “best practice” and “zero harm”.

Kevin Jones

© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2026. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd