Dignity At Work, different UK and Australian approaches

On 26 January 2010, a fascinating document was released from England concerning  workplace harassment and violence.  This builds on earlier work in Europe and has led to the joint guidance on “Preventing Workplace Harassment and Violence“.

The guidance has the demonstrated support of employer, employee and government representatives who have committed to

“…ensuring that the risks of encountering harassment and violence whilst at work are assessed, prevented or controlled.”

Significantly they also state

“We will implement our agreement and review its operation.”

Continue reading “Dignity At Work, different UK and Australian approaches”

New guidelines on aggression in health care

WorkSafe Western Australia and the other OHS regulators in Australia have produced a very good, and timely, guideline for the “Prevention and Management of Aggression in Health Services“.

The hazard has existed for many years and hospitals, in particular, are torn between the competing priorities of keeping their staff safe and maintaining  contact with their clients.   Glass screens and wire are effective barriers to violent attacks but it can be argued that such structures encourage aggression by implying that “violence happens here”.

The guidelines, or what the regulators call a “handbook for workplaces” (How does that fit in with the regulatory hierarchy for compliance?), provides good information on the integration of safe design into the health service premises.  But as with most of the safe design principles, as is their nature, they need to be applied from initial planning of a facility and so, therefore, are not as relevant to fitting-out existing facilities.  In health care, it often takes years or decades before upgrades are considered by the boards and safe design is still a new concept to most.

Another appealing element of the guide is that it does not only consider the high customer churn areas such as casualty or emergency.  It is good to see the important but neglected issue of cash handling mentioned even in a small way.

Another positive is the handbook includes a bibliography.  This is terrific for those who want to establish a detailed understanding of the issues and the current research.  For the OHS regulators, it allows them to share the burden of authority.  Just as in writing a blog, by referencing source material the reader understands the knowledge base for the opinions and the (blog) writer gains additional credibility by showing they have formed opinions and advice from the most current sources.

Having praised the bibliography, it is surprising that of all the Claire Mayhew publications and papers mentioned her CCH book “Guide to Managing OHS Risks in the Health Care Industry”, was omitted.

The regulators have often had difficulty determining whether checklists or assessment forms should be included in their guidances.  In Victoria one example of the conflict was in the Manual Handling Code of Practice that included a short and long assessment checklist.  Hardly anyone looked beyond the short version and many thought this undercut the effectiveness of the publication.

The fact is that safety management takes time and business want to spend as little time on safety as possible but still get the best results.  Checklists are an audience favourite and contribute to more popular and widely read guidelines, and broad distribution of the safety message is a major aim.

Interestingly amongst the checklist in this health services aggression publication a staff survey has been included.

(At least) WorkSafe WA has listened to the frustrations of readers who download a PDF version but then have to muck about with, or retype, the checklists.  This handbook is also available as an RTF file for use in word processing.

This is the first OHS publication that has come out from a government regulator with this combination of content, advice and forms.  It is easy to see how this will be attractive to the intended health services sector.

Kevin Jones

Australian stun gun review report

Coincidentally after the SafetyAtWorkBlog article on the Braidwood Inquiry, the Queensland government investigation into the use of stun guns by police officers has been leaked to an Australian newspaper a day before the official release.

According to a media story in The Australian on 4 September 2009:

The joint Crime and Misconduct Commission-police review, launched after the June heart-attack death of north Queensland man Antonio Galeano, has ordered an overhaul of police training and operational policy, requiring the stun guns to be used only when there is a “risk of serious injury”.

The review, to be released today and obtained exclusively by The Australian, marks the first time an Australian authority has recognised the possibility the stun guns can injure or kill, especially when fired repeatedly at a person.

Within eight hours of the story above being released, a report, again in The Australian, but by a different writer, says:

“A CMC spokeswoman said the contents of the report were yet to be released but claims the weapons would be banned were untrue.”

The confusing reports may say more about journalism than stun guns but it also indicates the extreme sensitivity about the use of these items by emergency and security officers.

SafetyAtWorkBlog will include a link to the Queensland report once it has been publicly released.

Kevin Jones

UPDATE – Report released

The Queensland report into stun gun use has been released and is now available for download.

Pages from 16225001252029372054 qld taser report cmc

Thoughts on tasers and the hierarchy of controls

The Braidwood inquiry report into the use of energy weapons (tasers) is readily available on the internet.  Regular readers of SafetyAtWorkBlog would know that I consider tasers to be a item of personal protective equipment (PPE) for enforcement officers.

Phase1Report-2009-06-18 coverDetermining whether PPE is the most appropriate hazard control measure usually involves the application of the Hierarchy of Controls. The hierarchy is not applicable for all workplace hazards, particularly in the control of psychosocial hazards, but it’s a good place to start.

While reading the executive summary of Canada’s Braidwood report, one part in particular reminded me of the hierarchy – page 17.

Although the definitions for “assaultive behaviour” in both use-of-force continuums can be traced back to the Criminal Code’s language for common assault, they also justify use of the weapon when there has been only an attempted common assault, and even when no criminal offence has been committed.  I concluded that the subject behaviour threshold should be met when the subject is causing bodily harm or the officer is satisfied, on reasonable grounds, that the subject’s behaviour will imminently cause bodily harm.  Even then, an officer should not deploy the weapon unless satisfied, on reasonable grounds, that no lesser force option would be effective, and de-escalation and/or crisis intervention techniques would not be effective.

Let’s see if the hierarchy can apply.

Can the subject behaviour be eliminated? – No

Substitution doesn’t seem relevant.

Can we engineer out the threatening behaviour? – Barriers, shields… perhaps but the presence of these items may also inflame the behaviour, increasing the hazard.

Can administrative controls be applied to the hazard? Unlikely, unless the subject was cooperative or able to accept instruction or read signs, in which case, the hazard may not exist.

That leaves PPE, in this case a Taser.

The report places a considerable number of criteria that the enforcement officer must apply prior to using the taser and these should be considered administrative controls but as these apply to the enforcement officer and not the subject, they would not come under the hierarchy of controls.

I welcome readers comments on this rumination on Tasers as PPE, and/or the application of the Hierarchy of Controls to a police situation.

Kevin Jones

Restorative Justice and workplace fatalities – Part 1

The city in which SafetyAtWorkBlog is edited, Melbourne, is struggling to manage a spate of street violence – some racially-based, a lot influenced by alcohol and drugs.  The Age newspaper carried a feature article on 25 August 2009 discussing the concept of “restorative justice”, a concept that is barely known outside of some legal or civil liberties areas, in relation to handling offenders and victims of street violence.

Pages from RJ_and_Work-Related_Death_Consultation_ReportOnly last week, there was an important launch of a research report into the application of restorative justice for those affected by workplace fatalities.  It is a fascinating new area of application for restorative justice in Australia and one that seems a more natural fit than for the more common acts of violence.

The research project builds on a lot of the work already undertaken into workplace fatalities by the Creative Ministries Network. Their research, mentioned in the project report, has shown

“…that families and company directors, managers and workers grieving a traumatic death suffer more prolonged and complicated grief due to delays in legal proceedings, public disclosure of personal information, lack of information, and increased stress from involvement in the prosecution process and coronial and other litigated processes.”

Over the next few days SafetyAtWorkBlog will run a series of articles on the concept and its application as well as being able to make available copies of the research reports and transcripts of interviews with research participants.

As SafetyAtWorkBlog has no legal expertise restorative justice needed some investigation.  Below are some useful definitions and descriptions:

Restorative justice is a theory of justice that relies on reconciliation rather than punishment. The theory relies on the idea that a well-functioning society operates with a balance of rights and responsibilities. When an incident occurs which upsets that balance, methods must be found to restore the balance, so that members of the community, the victim, and offender, can come to terms with the incident and carry on with their lives.”

Restorative justice brings victims, offenders and communities together to decide on a response to a particular crime. It’s about putting victims’ needs at the centre of the criminal justice system and finding positive solutions to crime by encouraging offenders to face up to their actions.”

“The term “restorative justice” is often used to describe many different practices that occur at various stages of the criminal justice system including:

  • Diversion from court prosecution (i.e. to a separate process for determining justice);
  • Actions taken in parallel with court decisions (e.g. referral to health, education and employment assessment, etc.); and
  • Meetings between victims and offenders at any stage of the criminal process (e.g. arrest, pres-sentence and prison release.”

[Of course, one can also read the Wikipedia entry)

The intention of restorative justice has more often been to reduce the likelihood of a re-offence.  The application of restorative justice for workplace fatalities seems to be slightly different.  In America, it would be difficult to avoid using the word “closure” (a phrase SafetyAtWorkBlog refuses to use as there is never a close to grief, only a way of living with it) as one of the aims of the workplace fatality application.

There are many effects of a workplace fatality on executives and companies.  It is hard to imagine a company that, after one fatality, would not do all it could to avoid another.  Restorative justice has the potential to heal the surviving victims – family and company.  It can also reduce the animosity that often results from the traditional adversarial justice system, particularly for those participants who may not have been exposed to such processes before.

Kevin Jones

US workplace fatality statistics – 2008

Preliminary data on workplace fatalities was released recently by the Census of Fatal Occupational Injuries (CFOI) program in the United States.  Economic pressures have reduced the size of the workforce which, the data indicates, decreased fatalities.  Good news in one way but only status quo if one is looking at long-term trends or for some benefit from government workplace safety initiatives.

Benchmarking and statistics junkies will be able to extract a great deal of information from the preliminary data.  The chart below is a good example of the level of detail available.

cfch0007 chart

There was a passing mention in the media release which caught our attention – workplace suicides.  The media release states:

“Workplace suicides were up 28 percent to a series high of 251 cases in 2008, but workplace homicides declined 18 percent in 2008……

Workplace suicides rose from 196 cases in 2007 to 251 cases in 2008, an increase of 28 percent and the highest number ever reported by the fatality census. Suicides among protective service occupations rose from 14 in 2007 to 25 in 2008.”

Regular SafetyAtWorkBlog readers will understand that work-related suicides is an area that we consider under-researched, so the figures quoted are of particular interest although only a minor part of the statistical report.  It would be great if the Bureau of Labor Statistics revisited its 2004 analysis of workpalce suicides in light of this considerable statistical increase.

Kevin Jones

A study of violence

Australian writer, Jeff Sparrow, recently recently a book that looks at violence and killing , “Killing: A Misadvanture In Violence“.  As part of promoting the book he has been interviewed on several radio shows, the one most relevant to SafetyAtWorkBlog, is the 3CR program, Stick Together, about his book.

Killing_fullcover_NEW.inddSparrow says that he wanted to investigate the “normalisation of killing” and l0oks at occupation which have killing as part of the job.  He analysed the killing of animals through the first-hand experience of kangaroo-shooting and visiting an abattoir.

Sparrow says that the abattoir was very much a factory that deconstructs animals rather than manufacturing items, such as cars.  This will be no revelation to anyone who has read Eric Schlosser’s book, Fast Food Nation, in which he analyses abattoirs, particularly meatpacking, in the context of food production.  Schlosser’s section on the worker safety and compensation processes in the US meat industry is confronting.

They are also possibly more directly relevant to OHS (or heartless capitalism) than Sparrow’s take on abattoirs, although Sparrow does mention how the structure of the workplace “controls the workers”.  This harks back to the dehumanisation of workers for the purpose of productivity where repetition makes the reality of the action of killing or dismemberment, mundane.

In comparison, the roo-shooters have a more detailed understanding of their “craft” because they are working in the wild, where things can go wrong, instead of on the killing floor.

Sparrow also looks at killing that is undertaken in other occupations, such as the defence forces, and workplaces, such as deathrow.  In these contexts Sparrow talks about the industrialisation of the war processes.

Ultimately, from the workplace perspective, Sparrow’s book sounds like an interesting resource for those who study the depersonalisation of the worker, or industrialisation.  For those who work on, or have responsibility for, production lines, this psychological approach to the book may help.

Kevin Jones

A sample chapter of the book is available for download.

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