A bad day for ACCI at the Senate Inquiry into Industrial Deaths

Jennifer Low, Associate Director of the Australian Chamber of Commerce and Industry addressed the Senate Inquiry into Industrial Deaths in Perth on August 30 2018.  Much of her presentation would be familiar to occupational health and safety professionals as it reflects the ideological position that the ACCI has put to countless inquiries over almost 20 years.  It is fair to say that the ACCI did not have a good day at the Inquiry.

Low’s presentation commenced with a restating of the general commitments to safety and that the ACCI and its members hold the importance of OHS as a “fundamental belief”. This was followed up with

“Our employer network feels strongly that the prevention for workplace incidents, injuries and fatalities is a shared responsibility.” (page 1, emphasis added)


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Finally some valuable and practical details on occupational health and safety programs

Earlier this month SafetyAtWorkBlog was critical of a (still yet to be released) guidebook on “Integrated approaches to worker health, safety and well-being”.  Specifically the case study information in the guidebook needed more depth and it was suggested that

“ This weakness could be compensated for through a strong campaign where the companies in the case studies speak about their experiences first-hand.”

The Victorian Workcover Authority (VWA) has redeemed itself slightly with a presentation by one of the case studies’ safety managers during the authority’s annual OHS week.  Murray Keen of ConnectEast provided a detailed list of the combination of safety and health programs the company has applied over the last few years.  Keen claims that these programs have contributed to the company having

  • no workers compensation claims since december 2009;
  • a much lower than average attrition rate in its call centre;
  • annual absenteeism of 4.6 days per person compared to a national average of between 8.75 and 9.2 days; and
  • only 4 first aid incidents for the 2013-14 financial year – no Lost Time Injury or Medical Treatment Injury.

Keen also told the audience that the company has granted him a year-on-year increase to his safety budget and when asked about the cost of the programs introduced he said that one workers compensation claim almost covered the cost of the safety program.

This level of detail is what the guidebook was lacking as it provided the information that many safety managers would need to make a case to their executives for support and resources.

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OHS Honour missed but well-deserved

Following the SafetyAtWorkBlog article about the 2012 Queen’s Birthday Honours, a reader has brought a well-deserved OHS recipient to our attention that we, and many others, missed.

Ian Ewart received the medal of the Order of Australia (OAM) for his services to his local community in Traralgon however I knew Ian through his involvement with the Gippsland OHS Network, a safety group in a regional part of Victoria renown for its electricity generation.  His creation of that network was an important part of his nomination.

Very little more information has appeared in the official Honours websites and notifications but a colleague of Ian’s has provided the extract from his nomination:

“Ian’s employment in the safety industry began in 1979 when he was appointed as a training officer by the National Safety Council of Australia. Various safety roles followed until his retirement from full-time employment in June 2009. Not content to retire, Ian then established an OH&S consultancy business to continue to service those who wished to retain his expertise. Continue reading “OHS Honour missed but well-deserved”

OHS for volunteers is still not working

Most Australian States’s OHS laws have encompassed workplace risks fro those who enter the enter the workplace and for volunteers.  The issue came up again with the recent review process on model OHS laws.  However a recent national survey by Volunteering Australia found that

“30% of [over 1400 volunteer] organisations surveyed have not been able to access adequate information about the protection of volunteers under occupational health and safety legislation.

Although individual volunteers overwhelmingly see OHS resources as having been positive.

“467 (26%) volunteers reported that OHS had a positive impact on them in the past 12 months, while only 130 (7%) reported that it had a negative impact.”

The positive position was slightly lower than the 2008 survey results (30%)

Volunteering Australia should be applauded for considering OHS in its survey.  Many organisations, particularly community organisations, are not so upfront on the issue.

Volunteering Australia is aware of the national OHS model review and are preparing for the additional overt relevance of volunteers in OHS law, but Volunteering Australia tells SafetyAtWorkBlog that they chose not to make a submission on the OHS model laws.

Kevin Jones

How much does poor safety management cost?

In late November 2009, the Victorian State Emergency Services (SES) was convicted of OHS breaches over the death of one of its volunteers and was fined $A75,000.  The SES has chosen to allocate $A150,000 to a review of its safety management after strong criticism from the Mildura Magistrate, Peter Couzens.

In answer to the title of this article, a minimum of $A225,000 and one person’s life.

In May 2007, a volunteer with the SES a, 54-year-old Ron Hopkins drowned on a training exercise in the Murray River.  WorkSafe Victoria provides the following scenario:

“A boat took the four volunteers doing the [swimming] test out into the river and they got in to the water but Mr. Hopkins soon got into difficulty.

An oar was extended to him from the safety boat but he soon disappeared below the water.

Despite the efforts of the SES personnel to find him, his body was recovered the next morning by NSW police divers.

WorkSafe’s investigation found the safety boat had life jackets for the two assessors who were in the boat, but there were no other buoyancy devices which could be used in an emergency.

Some other participants involved in the swim test also experienced difficulties in the cold water and after swimming to the centre pylon of the George Chaffey Bridge, they held on to bolt heads extending from a rubber buffer attached to the pylons at water level. They were later picked up by the safety boat.

At the time of Mr Hopkins’ death the SES had no rule against carrying out swim tests in water where there was limited visibility or where a rescue could be difficult to carry out if someone got into trouble.

As a result, lakes and rivers were sometimes used as well as local swimming pools.

At the time of this incident there were a number of swimming pools with the facilities to help anyone one (sic) who got into difficulties in the Mildura area that could have been used for the test.”

Hopkins had been a member of the SES for seven years and had participated in searches associated with drownings previously, according to one AAP report.  The SES expressed regret and sympathy at the time of the incident in a media statement.   A short report of Hopkins funeral is available online.

As the Murray River runs on the boundary between Victoria and New South Wales a NSW coronial inquest was planned until the Victorian prosecution was announced.

At the committal hearing in June 2009, the magistrate allowed Hopkins’ widow, Meryl, some input in the Court procedures.  And in the November 2009 hearing, Mrs Hopkins’ victim impact statement is reported to have said that:

“… since the incident Mrs Hopkins had felt her life had lost meaning and she sometimes wished she had drowned with him.  The court heard she had experienced mental and physical health issues, including post traumatic stress, panic attacks, exhaustion and sleep disturbance.”

In 2003/04 Chris Maxwell undertook a review of the Victorian OHS Act and was critical of the special treatment provided to government authorities at that time and advocated that any organisation that breaches OHS law should be treated equally.  Maxwell told the Central Safety Group in 2004:

“I have to address a meeting next week of the Heads of Department to talk to them about the chapter entitled “The Public Sector As An Exemplar”.   They need it explained a little more fully. It is good that the Public Sector wants to grapple with the issue “what does that mean for us?”   It is a theme of the Report that the public sector should be treated exactly the same as the private.  It shouldn’t be otherwise but the history of prosecutions tends to make you wonder about that. I know John Merritt, the Executive Director is absolutely committed to that principle. It is interesting to note that the Education Department has recently received an Improvement Notice.”
In his actual report he advocated that government departments should not only be treated the same but that they should become OHS role models.  When comparing the Victorian situation with a UK review he wrote:
“I would go further, however, and suggest that government (as employer and duty holder, and as policy maker) can, and should, be an exemplar of OHS best practice.  By taking the lead in the systematic management of occupational health and safety, government can influence the behaviour of individuals and firms upon whom duties are imposed by the OHS legislation.”
If this had been embraced by the OHS regulator and government departments agencies imagine the state of OHS compliance on matters of workplace stress and manual handling in health care and other public service hazards.  And maybe, the SES OHS program would have been further advanced than it was in 2007 when Ronald Hopkins died.
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