Category: Uncategorized

A name for the Safe Work Australia Awards

At the Safe Work Australia Awards ceremony in Canberra last week, the host Adam Spencer, noted that many of the nominees were dressed as ostentatiously as those who attend the Oscars. “Frocked-up” was the term he used.

It seems to SafetyAtWorkBlog that a major element missing from these important national awards is a useful name for the awards that provides instant recognition like the Oscars, or the Logies.

Suggestions are very welcome in the comments section below.  The most suitable and original will receive a special OHS book as an acknowledgment of their creativity.  The suggestion will then be taken up with the head of Safe Work Australia.

To start off discussions, SafetyAtWorkBlog would suggest that as sixteen workers died in the construction of the iconic Sydney Harbour Bridge, the name of the first worker who died may be suitable (We are endeavouring to find who was the first construction death on that project).

However, Australian’s have a habit of allocating contrary nicknames such as Bluey for a redhead, Slim for a fat person.  Perhaps, this peculiarity could be applied to the Safe Work Australia.

Please see what you can come up with this totally unauthorised speculation.

Kevin Jones

Statutory liability insurance and OHS penalties

nsca-article-0409-001Recently I wrote an article for National Safety magazine entitled “Trials and Tribulations”.  It came about because I heard about an OHS consultancy that was offering safety management services that included a component of insurance.  The insurance was explained to me as covering any OHS fines or penalties that may eventuate for the consultancy’s clients.

This combination of services is very attractive and addresses fundamental OHS questions asked by employers of different sizes – “do I comply?” and “how do I know that I have a safe workplace?”.  They’re slightly different questions but ones I come across regularly.

OHS regulators are getting better at helping small business establish a compliance benchmark through the use of compliance codes for some elements of workplace safety management – a semi-return to prescription.  However, many small business owner do as much as they can to provide a safe workplace and still get prosecuted by the OHS regulator.  This is frustrating and demoralising and in this context an insurance policy is attractive.  The insurance would cover any penalties that the business receives even if the incident that generated the prosecution was “unforeseeable”.

The National Safety article includes legal opinions and insurance company opinions that don’t quite fit.

Some of the interviews I conducted with insurance brokers did little to assuage my unease at insurance policies.  It seems to me that some insurance policies are taken out unnecessarily while other policies often exempt coverage for the very risks one thought the policy covered.  I agree with many insurers who recommend that business insurance is best handled by an experienced risk manager.  Sadly many OHS professionals do not have those skills.

In the context of the OHS consultancy, clients may be reassured by such an insurance policy but it should be an unnecessary expense.  The consultancy provides a monthly assessment service that steers the company through specific workplace hazards.  The consultancy provides some initial OHS advice and resources but no independent audits of the OHS system and the monthly monitors are not trained in OHS.

 The consultancy says that following this system will provide compliance, and maybe it does.  But even compliant workplaces can have incidents that could generate a prosecution.  It is here where the insurance policy should apply. 

The monthly assessment system needs to be diligently followed and payments kept current because non-compliance with the obligations of the system could leave an “out” for the insurer.

Statutory liability insurance, particularly for small business, needs to be examined by the OHS regulators.  Most regulators approached would not comment on the record about such policies, others were dismissive.  The article examines the legal issues further and, sadly, the article is not available online. 

If the regulators are truly supportive of small business and OHS compliance for this sector, there should be some guidance on statutory liability issued.  But like OHS professionals, regulators are not comfortable with policies that compensate (other than workers compensation).  They focus on prevention and prosecution.  It’s time to establish a broader source of OHS policy development, one which includes insurance companies, brokers and risk managers.

Kevin Jonesnsca-cover-0409

Fatigue is the biggest threat to a person’s safety

Not so long ago, it was considered a legitimate criticism to blame the individual for “doing the wrong thing” at work.  Depending on the type of worksite, this was considered “human error” or “bloody stupid”.

Fatigue is an interesting illustration of how occupational health and safety must cope with new perspectives on established hazards.  Australian OHS legislation operates on a responsibility to manage the systems of work in a workplace, of which only one element is the worker.

A good incident investigation goes beyond the incident to see what led up to a worker acting the way they did, the reasons behind the decision.  Instead of “tell me about your childhood”, OHS practitioners can legitimately ask “tell me about your sleep patterns”, or “tell me about your second job”, or “tell me about your relationship with your partner”, as these can be contributory factors to the decision made on the day or the work environment at the time of the incident.

Some recent AAP articles provide interesting examples of the different contexts in which fatigue as a workplace issue can manifest:

“Ambulance Employees Australia (AEA) said weary paramedics had fallen asleep at the wheel and administered wrong drugs because they did not have enough time off between shifts.

They have called for a minimum 10-hour break between shifts, compared with eight hours under the current award.

But Ambulance Victoria has said the fatigue issue was one of 175 union claims, which it said sought $800 million from pay talks.”

“Investigators examining the near-catastrophe at Melbourne Airport last month are exploring whether fatigue was a factor after being told the pilot had barely slept the day before the flight.

Emirates pilots are permitted to fly a maximum of 100 hours each 28 days and the pilot was also almost at the legal threshold of the number of hours he was able to fly.

Emirates has issued a statement saying safety was a top priority for the airline.”

A higher priority than a good night’s sleep apparently!  Clearly it is the spread of hours that is the issue not the total over a fixed period.

Both these examples relate to workers’ interactions with the public and reflect the complexity of OHS’s spread to public safety.  

It seems that every investigation now automatically assesses the fatigue level, or impairment, of the participants in incidents in the same way mobile phone records are checked in car accidents and blood-alcohol levels or drug testing in some industrial events.

If your OHS professional does not consider psychosocial issues in developing safety management plans or incident investigation, seek a second opinion, or better yet, make sure the first opinion is comprehensive.

Kevin Jones

Swine Flu lessons – presenteeism is real

There is some debate today about whether Swine Flu (in deference to the request from some pig farmers, now renamed “the Mexican Flu outbreak of 2009“) has peaked.  Colleagues in Asia over the weekend told SafetyAtWorkBlog that in most circles, the Mexican Flu outbreak has not generated the same level of interest, or concern, as elsewhere.  Perhaps the media studies academics can contribute to a redefinition of “global pandemic” as any disease outbreak that occurs in a country next to the United States. (Beware the Canadian Beaver Flu)

But flippancy aside, this dry-run at an influenza pandemic has many benefits and one particularly useful benefit will be a change in attitude to presenteeism in workplaces.

As the Southern Hemisphere enters its flu season and the early round of flu vaccinations concludes, Australia and others will be a test case for any attitudinal change in workers towards bringing their flu-ridden bodies to work, or in workers objecting to the contagious hazards that the presenteeists (?) introduce.

It has always been a suitable HR and OHS process to send someone home who appears impaired or unfit-for-work.  In the past “essential” staff would continue to work for the sake of workload or productivity.  Over time the folly of such an attitude has become obvious and workplace safety advocates have had a major role in this change.  The increased absenteeism of, and the decreased productivity from, a team who have been infected by a single member is now an unacceptable health hazard and productivity threat.

This change has also been helped by the increasingly viable option in some industries for people to work from home.

The Mexican flu outbreak is likely to verify the reality of presenteeism, probably from colleagues demanding that control measures be taken on the unthinking infectious workmate.  Masks may be tolerated but in the tradition of the hierarchy of controls, elimination is always preferable to personal protective equipment.

In the 1980s taxation department and many other workplaces, telephone hygienists were employed to disinfect telephone handsets.  Modern handsets cannot be disassembled in the same way however, SafetyAtWorkBlog was reminded of this, at the time, peculiar hygiene practices when watching Mexicans disinfecting subways and public telephones.

In all things there must be balance, but the Mexican flu outbreak of 2009 will undoubtedly revise the way people touch things and others.  In relation to influenza this is a good thing.

Kevin Jones

Australian Prime Minister talks to the great unwashed

The edge of panic is starting to appear in Australian concerns over swine flu.  Some health officials, who should know better, are slipping slightly off message.  The Queensland government’s chief medical officer has recommended that food should be stockpiled.  This was quickly jumped on by the Federal Health Minister, Nicola Roxon, has tried to provide a more palatable context to the stockpiling:

“We want people to be aware of the risk of this disease, we want people to be taking sensible planning steps but we don’t want panic,” she said. “It’s very important that we don’t have a rush on products that people just during the course of their ordinary shopping might think about whether they have some of these extra supplies.”

The Australian Prime Minister, Kevin Rudd, has offered some of the blandest, but relevant, advice:

“For all Australians to engage in the simple practice of washing their hands with soap on a regular basis.”

Kevin Rudd is not the poster boy for personal hygiene unless eating one’s earwax is a suitable hygiene practice.

SafetyAtWorkBlog will continue to watch for evidence of the effectiveness of handwashing in influenza control.

Roxon’s advice is sound however in one very important way – sensible planning steps.  Cut through the hyperbole.  Listen to reputable health advice, and keep your colleagues and employees informed.  If that happens, we’ll get through this threat.

Kevin Jones

Workplace safety can be funny

This week workplace safety on a building site received a much needed dose of humour.  The Australian show “ThankGod, You’re Here” had a comedian enter a pretend building site and have to face questions from an OHS inspector as if he was the owner of the site.

The sketch has added impact because of its timing.  It is hard to imagine this occurring ten years ago in a society and industry where OHS compliance was less valued, when hardhats were considered optional and when brightly-coloured vests looked stupid.  That the sketch is funny is a measure of how OHS regulation and enforcement has matured and just how successful the OHS regulators have been in changing the society’s attitudes to workplace safety in Australia.

Also, it shows something more illustrative of comedy, more true.  In the sketch there are some wonderful stunts done by a small earthmover.  Only last year there was outrage, and fines, over some forklift stunts done for real by a young driver in Melbourne.  The environment makes the difference between laughter and outrage.

The success of the TV show’s concept is also indicated by the issue of the 12-year-old welder on the building site.  The comedian, Merrick Watts, removes the issue of age by insisting the young boy is actually in his fifties and just looks younger.

WorkSafe Victoria, whose logo is worn by the pretend inspectors in the sketch, have said that they did not pay for brand placement and that the show did not belittle the work they do.  In fact the show “actually showed that we have a job to do and that there are good reasons for it.”

Kevin Jones

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