SISA has few problems with SafeWorkSA but where are the other submissions?

In May 2012, the South Australian parliament announced an inquiry into the effectiveness of that State’s workplace safety regulator, SafeWorkSA.  Submissions are being received by the Parliament Committee but, as yet, none are available through the inquiry’s website.

Andrea Madeley of VOID has commented that her organisation has already provided the committee of inquiry with a submission but the only public submission SafetyAtWorkBlog can find is from the Self-Insurers of South Australian Inc (SISA).  Below is the summary of SISA’s submission:

“Should the responsibility for all occupational, health and safety issues remain with SafeWork SA or should some or all of that responsibility be transferred to WorkCover?

SISA members have no fixed views, although if the choice were simply limited to the current separated model and a single massive regulator, we might well opt for the current model as a means to avoid conflicts of interest. If, in the alternate, we are asked ‘Could the quality of OHS regulation and functional delivery be improved?’, we would answer ‘yes, but this cannot be achieved by structural change alone’. We therefore advocate no particular structure (though with a preference against amalgamation) and urge the Committee to concentrate on the quality of what is delivered.

2(a) WorkCover ought to be recognised as having a vital role and interest in improved OHS outcomes.

2(b) Scope exists for improved collaboration between WorkCover and SafeWork SA, especially in the field of data collection, management and use.

2(c) SafeWork SA and WorkCover should look at the self insured employers as resources and force multipliers for their own efforts to reach out to smaller employers.

2(d) Our members have few complaints (and no recent ones we are aware of) about their interactions with SafeWork SA.

2(e) The experience of small and medium size business may be different, however.

3. The OHS profession should have substantial representation on OHS regulatory and advisory bodies.

4(a) The real challenge for SafeWork SA lies in the small and medium size business community.

4(b) The conventional model of the regulator being the initiator of action will always be inadequate for small and medium size business due to the sheer numbers involved compared to the resources available.

4(c) Experience rating of workers compensation premiums has at best limited and delayed effect, and even that is anecdotal and presumptive rather than established as fact.

4(d) South Australia needs to think outside the square of normal regulatory models when considering small business safety. The French CRAM model might offer one such possibility.” [emphasis added]

SISA believes that SafeWorkSA’s performance can be improved but not through structural change.  It would be fascinating to see how SafeWorkSA would change with a new set of work health and safety laws.  From recent comments in the media by SafeWorkSA’s Judith Lovatt it would appear that the organisation is looking forward to them.

SISA clearly understands the separation between the workers compensation and rehabilitation roles of Workcover and the harm prevention and prosecution role of SafeWorkSA.  Too often criticism of the management of workers compensation is aimed at the wrong regulatory agency, a major problem seen recently in the Federal Parliamentary Inquiry into Workplace Bullying. Continue reading “SISA has few problems with SafeWorkSA but where are the other submissions?”

Momentum increases for tangible action on workplace bullying

According to the Canberra Times, a company board has been served with an improvement notice over inadequate attention to workplace bullying claims in a retirement home.  The ABC television program, 7.30, has followed up workplace bullying claims aired earlier this month with a further case on 25 September 2012 with savage criticism of WorkSafe Victoria’s actions in the case.

The Australian Government has completed the public hearings of its Parliamentary Inquiry into workplace bullying.  Bullying is everywhere but little seems to be happening to address the various elements and deficiencies of the regulatory system.

On 21 September 2012 the WorkSafe ACT Commissioner warned about inaction on workplace bullying:

“If bullying has not occurred, then a properly conducted investigation should find that… If, on the other hand, an independent investigation substantiates the allegations, then the employer will be in a position to act to protect their workers from any ongoing threat to their health and safety.” Continue reading “Momentum increases for tangible action on workplace bullying”

Australia’s mining sector progresses safety but without effective accountability

In 2010 the New South Wales Mines Safety Advisory Council (MSAC) released its important Digging Deeper report, proving this industry sector is at the forefront of safety management innovation in Australia.  This month  MSAC provided an insight into “world-leading” safety with its report “Actions for World-leading Work Health and Safety to 2017“.

The report discusses five strategic areas for attention but of more interest is the elements that MSAC believes represents “world-leading WHS”:

Continue reading “Australia’s mining sector progresses safety but without effective accountability”

Woodchipper decision could set a worrying safety precedent

The development of Australia’s new Work Health and Safety laws relies on potential prosecutions and Court rulings to clarify various elements and definitions.  Some labour lawyers have forecast this clarification to take several years however last week The Warrnambool Standard reported on a decision by the Victorian Civil and Administrative Tribunal (VCAT) that provides a worrying clarification on the contentious definition of “as far as is reasonably practicable” from outside the anticipated Court structure.

WorkSafe Victoria placed an improvement notice on a woodchipper owned by the Warrnambool City Council following an incident in September 2011 where a worker, David Johnstone, had both hands removed by the blades of the woodchipper.  The improvement notice stated that additional guarding in the form of a “bump bar” be installed on woodchippers.  The Council requested a review of the notices through WorkSafe’s review processes.  The directions stood and the Council appealed to VCAT, as per the normal process.  VCAT found that the engineering controls demanded by WorkSafe were not required as the administrative controls advocated by the Council were found to have “reduced risk “so far as is reasonably practicable”.

The VCAT decision is concerning because it seems to conflict with the application of the Hierarchy of Controls for risk in which machine guarding, an engineering control, is considered a more effective control measure that administrative controls such as those favoured by the Council Continue reading “Woodchipper decision could set a worrying safety precedent”

More details of the costs of managing safety required from OHS regulators

In a recent edition of Safety Express, a newsletter from WorkSafe Victoria, Clarke Martin outlined the benefits of WorkSafe’s Owner Visit program to one regional company.  This good news story needed more depth and detail so Clark Martin provided SafetyAt WorkBlog with additional information.

The Safety Express article outlined that a company of over 200 employees gained advice through WorkSafe’s free 6-hour consultancy service and has

“…made significant savings in insurance premiums over a two-year period. The financial and safety benefits are continuing today.”

“The company agreed to make significant changes to the way the business managed its OHS and RTW, and the financial management of premium costs.”

“WorkSafe worked with the company for two years and in this time the EPR dropped to just 34 per cent above average and work is continuing to further improve its performance. The company advised WorkSafe that savings achieved from reduced insurance premiums was equivalent to the profits on producing and selling an additional $16m of product.” Continue reading “More details of the costs of managing safety required from OHS regulators”

WorkSafe’s approach to marketing safety to teenagers revealed

Two articles in two days concerning OHS advertising may seem a little much but in 2008 Australia’s Advertising Standards Board (ASB) received complaints about one of the graphic ads used by WorkSafe Victoria at that time.  WorkSafe had identified a need to shock teenagers about workplace risks but some television viewers found them disturbing.

WorkSafe Young Workers Campaign

A couple of the complaints reflect some of the comments posted by readers to the SafetyAtWorkBlog.

“These ads may be appropriate for industrial oh&s training programs, but not for the general community, for whom they serve no purpose other than to shock and horrify.”

“I was injured at work were I lost my entire eye ball, I think work place safety is very important, to spread the word is vital, however the scene of burnt flesh is going to upset and remind people who were injured at work the horror they suffered, I know I can’t watch it, and I wasn’t burnt.”

The ASB Case Report includes details of focus group surveys undertaken by WorkSafe Victoria in developing the advertisements.  These details illustrate some of the marketing thinking of WorkSafe. Continue reading “WorkSafe’s approach to marketing safety to teenagers revealed”

Serious quad bike incident in New South Wales

SafetyAtWorkBlog has been informed that an Irish backpacker was working on a farm near Gravesend in New South Wales in late May 2012 and received serious back injuries when the quad bike, from which he was spot spraying weeds, rolled on an embankment. The man was taken to hospital after contacting the farmer for assistance.

A spokesperson from WorkCover NSW has confirmed that

“….a 26 year old male worker was injured on a property at Gravesend near Moree …. on Thursday, 31 May.  Initial enquiries indicate that the worker was spot spraying weeds on the property and has suffered back injuries from a quad bike incident when he attempted to ride out of a gully.”

At this time, Workcover was unable to say whether

  • the worker had received any motorcycle or quad bike training.
  • the quad bike had any attachments or modifications.
  • the worker was wearing a helmet or other PPE at the time.

It is understood that the worker had been on the farm for only a few days.

We have been unable to find any media or online references to this incident.

On 24 May 2012, a week before the incident above, the Australian Broadcasting Corporation’s AM program ran an interview about the quad bike related fatality of an 11-year-old boy in 2011.

A longer audio interview on quad bike safety was conducted by ABC Rural in September 2011.  The participants were Tony Williams of WorkCover NSW and John Lambert of the Forensic Engineering Society of Australia but the most significant quality of the interview was the solid understanding of agricultural safety shown by the interviewer.

Kevin Jones

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