Category: violence

Tasers as personal protective equipment

SafetyAtWorkBlog supports the use of tasers, or stun guns, as a control measure that eliminates or reduces the chances of a police officer being seriously injured but concerns continue around the world about the application of tasers. In 2008 the New South Wales government came to a decision of sorts on tasers.   Following the recent death of a man in Queensland from a taser, the focus has shifted to that States.

In an OHS context tasers could almost be considered a piece of active personal protective equipment (PPE), if there can be such a thing.

Recently Dr Jared Strote of the Division of Emergency Medicine at the University of Washington Medical Center said

“It is fairly clear that the use of TASERs on healthy individuals is rarely dangerous (there are hundreds of thousands of uses in the US without serious outcomes). The question is whether there is a subset of people for whom there is a higher risk.

The problem is that the individuals who have died in custody temporally associated to TASER use are the same types who are at higher risk of death during police restraint no matter what type of force is used.”

Dr Strote also illustrates the cost/benefit issue that OHS professionals must deal with constantly

“The issue is probably less whether or not TASERs can cause death (they probably can but very infrequently); the better question is whether their net benefits (potential to avoid using more lethal weapons (like firearms), potential to decrease risk to officers, etc.) outweigh the potential costs.”

Two studies by Dr Strote – “Injuries Associated With Law Enforcement Use Of Conducted Electrical Weapons” and “Injuries Associated With Law Enforcement Use Of Force,” were presented at a forum in New Orleans in mid-May 2009.

A UK expert, Dr Anthony Bleetman, a consultant in emergency medicine says

“Tasers have been used on human subjects probably about a million times, some in training and a lot in operational deployment. With any use of force there is a risk of death. But when you look at the big picture the death rate after Taser is no higher than with other types of force. But what we do know is that there is a certain type of individual who is at greater risk of death after police intervention – the so-called excited delirium state where somebody, usually a male in their 20s or 30s, often with a psychiatric history, often on illicit drugs or psychotropic drugs, has been in a fight or pursuit, physically exhausted, not feeling pain, dehydrated and hypoxic. And then you add on top of that physical restraint by police. These are the ones that die and they die whether you Taser them or don’t Taser them.”

Bleetman explains the role of tasers in comparison with other active PPP:

“Police officers have a whole spectrum of options to use in force from talking to people to laying their hands on people to using capsicum sprays, batons and dogs. And then there’s a gap until you get to firearms when you shoot people. So between batons, dogs, sprays and guns, Tasers sit quite nicely to use against people who are so agitated and so dangerous to themselves and others that the only way to take them down is something as lethal as a gun or as dangerous as a police dog.”

Many American studies and statistics must be treated with caution as tasers are readily available to the general public and therefore operate unregulated. However in 2005 the American Civil Liberties Union undertook a study of law enforcement agencies. According to an Associated Press report from the time written by Kim Curtis:

“The ACLU surveyed 79 law enforcement agencies in Northern and central California, according to spokesman Mark Schlosberg. Of those, 56 use Tasers and 54 agencies provided the ACLU with copies of their training materials and policies regarding stun gun use. Among the organisation’s major concerns was that only four departments regulate the number of times an officer may shoot someone with a Taser gun.”

This last point has been one of the most contentious points of the recent case in Queensland where a police taser was discharged 28 times.

Taser use is a very complex issue, as are most PPE and OHS issues when dealing with emergency services. It may be possible to take some hope from the deterrent effect of tasers identified by the Delaware State Police in some recent budget papers:

“We have encountered numerous incidents where the mere presence of the Taser on the troopers’ belts has discouraged defendants from resisting arrest.”

Kevin Jones

The new generation of foolhardy reporters

In 1975 five Australian reporters were killed while covering the armed dispute between the Indonesian military and, what used to be called “freedom fighters”, the Fretilin in East Timor.  An indication of how circumstances can change is that José Ramos Horta, the current President of East Timor was a founder and former member of Fretilin, the Revolutionary Front for an Independent East Timor.

Since that time, in particular, in Australia, the issue of safety of media employees has gained considerable attention, primarily through the work of the journalist’s union, the MEAA, and the international Dart Center for Journalism & Trauma. 

But there are a new generation of freelancers and writers who come to reporting from outside the tertiary journalism courses (this writer included) who do not have the benefit of accessing the wisdom and advice of experienced reporters.  These writers (I do not apply the term journalist  even to myself) see the excitement of reporting from exotic locations and areas of conflict.  New technology of recording and distribution only encourages them because it makes the reporting process easier or, at least, makes it easier to provide content, the quality of the content is often questionable.

A new book is being released in Australia concerning the Balibo Five and the author spoke to the Australian Broadcasting Corporation.  Tony Maniaty, who was in Indonesia at the time and spoke with the Australian reporters, touches on the risks to which the new generation of reporters are willingly exposing themselves.   His comments are timely and reinforce the importance of what used to be called listening to the wisdom of elders but now seems to be mentoring.  His comments apply to all occupations and professions.

A feature film is being made about this period and the events surrounding the Balibo Five.  Maniaty attending the shooting of the film and spoke about this in a Youtube video, ostensibly for the promotion of his book. 

Kevin Jones

 

 

Working alone – a poorly understood work hazard

Working alone is an established workplace hazard in many industries.  The control measure most applied is “don’t work alone” that is, undertake as many work tasks in isolated location with someone supervising or in close contact.

Modern technology has often been applied as a possible control measure – “deadman switch”, GPS tracking, mobile phone use.  Many of these control measures are second nature to workers in this century and are so commonplace that their safety role is ignored.

Regardless of the many zookeeper attacks that have gained media headlines over recent years, many workers are assaulted and killed while working alone.  Industries that do not have a strong history of safety management most often get caught out by having a staff member injured or killed.  Bosses or industry associations often express wonder at how such an incident could occur.  Safety professionals would have seen the hazard instantly.

The risk of violence from working alone has been a hot topic in Australia since a Victorian female real estate agent was murdered while showing a prospective “client” an isolated property.

HSS0075-Real -3.477447e+266state-Property 51804944nspection afety[1]WorkSafe Victoria has just released a further publication concerning this matter.  The alert is okay in its context but is doing a disservice by being restricted to real estate agents.  Worksafe has more generic guidance but focus on real estate agents? Why not produce similarly detailed guidance guidance that is more broadly applicable to workers in isolation – pizza deliverers, night shift workers, street cleaners, office cleaners a whole raft of occupations that operate alone?

WorkSafe has said previously that real estate agents gain priority because such guidances are developed in conjunction with industry associations.  A legitimate question can be asked, why is a government authority producing guidance for a sector that already has an industry body who can do this?  Shouldn’t an OHS regulator be focusing on those areas that don’t have industry support?

Below are some of the recommended control measures in the latest publication.  SafetyAtWorkBlog’s more generic control measures are in red.

  • having a new client stop by the office and complete a personal identification form before viewing a property to verify details

Have a detailed list of staff work locations and a contact name and (after hours) number for a supervisor at each location

  • inspecting properties during the day. If night inspections are necessary, ensure the agent is accompanied. Identify exit points in case a quick escape is needed

Work with a colleague wherever possible

  • inspecting the property before showing clients,to assess any existing risks or hazards

Consider the security measures of each work area – lighting, access/egress, phone coverage, camera surveillance, etc

  • making an excuse and leaving the site immediately if the client becomes aggressive or makes the agent feel uncomfortable

Cancel the work task at the first sign of hazard

  • calling the office with a pre-assigned emergency code phrase if the agent senses a dangerous situation

The “safe word” control measure is well established in the escort business.  It can work but will only notify of a dangerous situation not eliminate it

  • regularly training staff on safety procedures, including instructions on dealing with potential offenders and incident reporting.

Develop safe work procedures in consultation with staff 

When considering control measures in these situations it may be very useful to understand that prosecutions are likely to consider that employers have undertaken control measures “as far is reasonably practicable” – a movable feast of judgements.  Ask yourself or your client the question, would they prefer to know that an employee is in danger, injured or killed, or would they prefer to have the employee safe and loose a potential client?  The court may consider camera or other technical surveillance to be reasonably practicable but what would your employee who has lost an eye, limb and quality of life think?

Consider other control measures ONLY AFTER elimination has been seriously considered.

Kevin Jones

Other OHS guides concerning working alone are available below

WorkSafe WA

WA Dept of Commerce

Trade Union site

WorkSafe Victoria

Workplace Health & Safety Queensland

“Getting back on the (trauma) horse”

Mental health in the workplace is one of those recent manifestations of psychosocial hazards.  It continues to evolve and during this process one is never quite sure where the best and most relevant information can be obtained.

Cnfusion for the safety professional can come from new, slightly off-topic, issues that can skew the public perception and understanding of exactly what it is one is trying to manage.

Is it reasonable to take inspiration (if that is the right term) from studies of Iraq War sufferers of post traumatic stress syndrome in providing clues to handling mental health issues at work?  

During tertiary risk management courses the debt owed to the armed forces and their planning processes is acknowledged but soldiers operate in a unique culture of accountability, clearly defined duties and a rigid hierarchical structure.  In most circumstances only the broadest of concepts could be translated to the real (non-militarised) workplace.  In a similar way studies of Scandinavian workforce management are interesting but are highly unlikley to be transferable outside the cultural geography.

A very recent example of this problem of getting excited about innovation and then wondering about its genuine applicability, can be seen in the TV show, Catalyst, (video available online for a short time) broadcast by the Australian Broadcasting Corporation on 16 April 2009.  

The program provides a profile on a computer simulation program that purports to aid the rehabilitation of war veterans by returning them to traumatic events of the war zone.  It seems that the theory is the same as “getting back on the horse that threw you”.

In OHS terms, the applicability for firefighters, emergency response personnel etc is obvious but SafetyAtWorkBlog has reservations.  The use of video simulations and games by the armed services before, during and after combat is discomforting.  

Managers and health care professionals may need to carry some of the responsibility for the cloudiness of mental health and trauma by applying the hyperbole of trauma to relatively benign workplace issues.  Many elements of work are being described as traumatic when they are not.  They maybe disturbing, disconcerting or even harmful but there is a big difference between being punched in the face by a psych patient and driving over a car of civilians in an armoured vehicle.

In other industry sectors, such hyperbole would be described as spin.  It is the responsibility of OHS professionals to cut through the spin and not be distracted by “exciting”, but indirect, innovative solutions.  Let’s look for the evidence and operate from what we know works.  At least until new evidence appears.

Kevin Jones

Mental Illness and Workplace Safety

Reports in the Australian media this week indicated that “nearly half the population has a common mental health problem at some point during their lives”.  Safety professionals and HR practitioners should take note of these statistics and hope that it does not manifest in their shift, even though it is likely.

The difficulty with trying to manage or anticipate mental health issues is that they seem to have evolved over time and multiplied.  There is the common phrase of “trying to herd cats” and it seems that mental health issues are the cats.  One could apply lateral thinking and propose the solution is to get a dog but will the dog herd a cat that doesn’t look like a cat, smell like a cat, or worst scenario of all, a cat that resembles a dog!

Because of the fluctuating psychiatric states of everyone everyday how does one recognise when a mood swing becomes a mental health issue.  Does one take everything as a mental health issue and waste time on frivolous matters?  Or is there no such thing as a frivolous matter?

In the one article there are these confusing and inconsistent terms for mental health:

  • “common mental health problem”
  • “mental condition”
  • “non psychotic psychiatric problems”
  • “mood disorder”
  • “anxiety disorder”
  • “mental health disorder”
  • “substance abuse or dependency”
  • “mental disorder”
  • “mental illness”
  • “psychiatric condition”

In this report it is unlikely that the synonyms have been generated by the journalist as the data quoted is from the Australian Bureau of Statistics, but it indicates the confusion that safety professionals can feel when they need to accommodate more recent workplace hazards – the psychosocial hazards.

The list above does not include the “established” hazards of bullying, occupational violence or stress.  The fact that there may be a clear differentiation between mental health symptoms and mental disorders but that needs to be clearly communicated to those who manage workplaces so that control resources can be allocated where best needed.

The article referred to above provides interesting statistics and there are gems of useful information in the ABS report but the article provides me with no clues about how to begin a coordinated program to address the mental health issues in the workplace.  It is an article without hope, without clues, without pathways on which the professional can act.

There is no doubt the psychosocial hazards at work are real but the advocates of intervention need to clarify the message.

Kevin Jones

(This blog posting does not discuss the recent changes to compensation for defence personnel and soldiers for mental health from combat, but mental health in that “industry” is a fascinating comparison to what occurs in the private sector.)

Employee Accommodation and Executive Accountability

SafetyAtWorkBlog has been following the aftermath of the rape and assault of a nurse working in a remote area of Australia for well over a year.  The issue has many personal and political aspects to it.  The most recent blog mention was the demotion of the CEO of the Torres Strait District Health Service.

Queensland is in the middle of a close election campaign and the Premier Anna Bligh on 11 March 2009 made an extraordinary move of removing the responsibility for employee housing from the Department of Health to the Department of Public Works.  Bligh was also scathing of her own ministers.  Her statement is below.

What Bligh’s decision seems to affect is a removal of the OHS obligations for a safe and healthy work environment from the organisation that is the employer of the health staff.  This will obviously need some clarification.

It may mean that Queensland Health may have to be the go-between between staff requests for repairs and the agency that undertakes the repairs.  It is doubtful that such an administrative process will be any quicker than what has already occurred – a process that Bligh says “does not meet a reasonable timeframe”. 

The broader political messages for the Premier’s Cabinet colleagues is discussed in an article in today’s Australian newspaper.

The issue of the security of government employees was again in the media when commonwealth government-employed staff were attacked in remote areas of Australia.  

“Statement by Premier – health staff housing

This afternoon I have spoken with both the Health Minister and the Director General of Queensland Health and have been advised as follows:

  • All health staff houses classified as extreme or high risk by the audit in the Torres Strait region have had all required work completed
  • Two of the 101 houses identified are no longer used for staff accommodation and the remaining 99 have all had locks checked and passed inspection or had new locks fitted
  • To date, 45 houses have had all work completed
  • Further work to be completed on the remaining 54 houses includes additional work such as the installation of path lighting

However, even though progress on this work is on-going in regional centres, it has failed to meet a reasonable time frame.

This failure to meet a reasonable time frame highlights that the core business of Queensland Health is running our hospitals and other health facilities and taking care of sick Queenslanders – not the business of maintaining staff accommodation and housing.

Accordingly, today I have directed that responsibility for health staff accommodation maintenance and upgrading be transferred in full to the Department of Public Works.

Further, I have directed that the work on this staff housing be completed by Easter.

It is completely unacceptable that this work has taken such a long period of time to bring to this standard and I’ve made this absolutely clear to both the Minister and the Director General.

From tomorrow, Queensland Health will no longer be responsible for staff accommodation.”

Kevin Jones

A sport’s culture of excessive alcohol at work functions

Each November safety publications carry guidances and warnings about unacceptable conduct at company Christmas parties.  Often these warnings are around moderating alcohol consumption and showing due respect to others.  One of the most recent legal advisories was issued in late-2008 by Maria Saraceni of the Australian law firm, Deacons.

This week in Sydney the National Rugby League (NRL)  faced its latest controversy when Brett Stewart of the Manly club was charged with sexual assault at a work function.  The NRL today issued harsh penalties on both Stewart (five match ban) and the club ($100,000).  To understand the context of the penalties and the media hoo-hah surrounding this it would be necessary to look at the many instances of assault and abuse associated with rugby league, and other male-dominated sports, in Australia.

The issue has remained largely on the sports pages of the newspapers except in New South Wales.  The fact that a sporting club was involved and a sport with a sad history in this area has dominated reporting and the OHS, safety management and employer liability angle has been lost in the rush.

The NRL media statement (no direct link available), quoted in part by the ABC, shows that the NRL CEO, David Gallop, is well aware of the safety management issues.

“Brett could not have been in a more high profile position of trust for the game on the eve of a season than he was last week and we believe he should have recognized the honour that he was given and the responsibility that went with it,” NRL Chief Executive, Mr David Gallop, said today.  “By any estimation there was an abuse of alcohol in the aftermath of a club function that has led in some part to the game being placed under enormous pressure.

“The players and the clubs need to know that we are not going to accept that.

“The Manly club has today delivered its report into the function and the measures simply weren’t sufficient to stop drinking getting out of hand in the case of some of the players. Brett was both refused service of alcohol and asked leave the premises.”

Section 20 (2) of the NRL Code of Conduct which states:

“Every person bound by this Code shall, whether or not he is attending an official function arranged for the NRL, the NRL Competition, the Related Competitions, Representative Matches, the ARL Competitions or a Club, conduct himself at all times in public in a sober, courteous and professional manner.”

Peter Fitzsimmons explains why the general conduct of rugby players needs changing.

“They [rugby league clubs] must fix it because they are a powerful tribe within our community, and that community has had a gutful not just of the atrocities, but of the NRL promising to fix it, to educate them, to discipline them, blah, blah, blah, year after year, with no results.”

Kevin Jones

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