Category: workers compensation

Vehicles are workplaces too

Radical Concept 1 – A vehicle can be workplace

Today the Australasian New Car Assessment Program (ANCAP) urged fleet managers to consider OHS obligations in their choice 0f work vehicles.  ANCAP said

“Our understanding of the OH&S principles is that there is an obligation on companies and fleet managers to ensure a safe workplace.

“Vans certainly constitute a workplace under the legal definition. We would urge fleet purchasers to examine the legislation and then factor safety into their fleet purchasing policies.”

But in practice this creates enormous challenges for the fleet manager who may only have chosen vehicles in the past that were fit-for-purpose without considering the needs of the driver.

Only recently have steps been added to trucks to allow for easier access to goods on the rear trays.  When technology became affordable tilt-down hydraulic ramps were installed, although these have their own work hazards. In both of these examples the changes occurred outside the cabin and related to accessing the transportable products.  Looking after the physical and psychological needs of the driver as a worker is different.

For instance, emergency fire appliances in Australia have had substantially improved design over the last ten years.  Many of the features are for the benefit of drivers and passengers, such as flip-out steps  for when the vehicle is stationary or special seating to allow for personal protective clothing.  But the cost of each of these new “safer” vehicles is such that the introduction is phased in and most likely as replacement vehicles.  This process could take years.  How can a workplace justify allowing only some workers to use “safer” workplaces?  The churn of vehicles could establish an inequitable safety standard ion the workplace.

ANCAP’s argument seem to be that a fleet manager who chooses a vehicle that does not have the  highest level of safety available are not providing a safe workplace.  We could be back to determining what is reasonably practicable.

Radical Concept 2 – A road can be considered a workplace.

Some bus drivers consider their regular route to be a workplace.  To some extent this is supported by the road traffic authorities who only allow certain speed control mechanisms on the roads that have bus traffic, such as speed islands rather than speed humps.  Although this may be due to the needs of not knocking the passengers around as well.

Regardless of the whether it is passenger safety, pedestrian safety or public liability insurance that creates these design decisions, bus drivers take some “ownership” of their routes.

Important Consideration 1 – Vehicles have drivers

A lot of attention has been given to driver distraction and how drivers drive.  Not only are there distractions from within the cabins from passengers, radios, phones, cigarette smoking and a range of driving activities, the relationship between external signage and driver response has also been high.

The complexity of the distraction issue can perhaps be summarized by a couple of recent links. In July 2009 a roadside memorial to a fatality itself is identified as having contributed to a fatality.  Research in the United States has begun on the impact of roadside memorials but at the moment the jury is out.

“Our results showed that the number of red light violations was reduced by 16.7% in the 6 weeks after the installation of the mock memorials compared to the 6 weeks before whereas the number of violations at two comparison sites experienced an increase of 16.8%.”

Managers, fleet and OHS, also need to assess the suitability of their workers for driving and consider the following matters.

  • Companies have an obligation to induct new workers.  Do companies induct new drivers on their vehicles or is a valid driver’s licence deemed sufficient?
  • Is a driving licence a certificate of competence?
  • Is a worker’s driving record considered when employing them?  Would one employ a driver whose record shows a propensity for speeding?
  • Are driving applicants asked whether there is a history of road rage?
  • How many demerit points are left on their licence when employed?
  • For car driving the same licence is used for personal vehicle use and driving work vehicles.  What would happen if the worker has their driver’s licence suspended thereby ending their capacity to drive for work?
  • It would be necessary to clarify in what circumstance transport accident insurance applies and when injuries relate to workers’ compensation?
  • Who should investigate a traffic incident involving work vehicles – the OHS regulator, police or some other authority?
  • Are traffic incident statistics collected for work-related vehicles?

Perhaps ANCAP could begin looking not only at the design of vehicles and additional safety features but also how these matters affect a driver’s perception of their own safety.  Does the elevation of the driver compared to other vehicles change the way the driver drives?  Could the safety features encourage the driver to drive recklessly?  Is technology deadening the driver’s instincts?

Similar questions have been posed in the occupational field for decades in relation to the operation of plant, the safe design of workplaces and the types and locations of safety signage.  Now these concepts must be considered for the mobile workplace.  Many will find this process challenging with some thinking that it is just another grab by the OHS “fascists”.

The issues do need considerable discussion in workplaces.  The recent WorkSafe Victoria “Guide to safe work related driving” is a good starting point but for the development of appropriate policies and, more importantly, to affect cultural change on the matter, companies require an elaboration by traffic authorities and from groups like ANCAP.

Kevin Jones

Do health professionals make the best OHS leaders?

David Michaels has been nominated by President Obama as the new Assistant Secretary for the Occupational Safety and Health Administration in the Department of Labor.  (A brief profile of Michaels is available HERE.)  A posting at a US Workers’ Compensation website links through to a discussion on the potential impacts of the Michaels’ appointment.

There are several telling quotes in the podcast.  Sidney Shapiro, a law professor at Wake Forest University, says that OHS achieves more when run by someone with a health professional background.

“…I think it’s important that we know that David Michaels is a health professional.  And I think OSHA’s done best when it’s had administrators from the public health community.  It is, after all, a public health agency.  More times than many of us would wish, it’s been headed by someone who’s been an adamant critic of OSHA and has come from industry or been an industry lawyer.”

Whether this position can be applied to regulators in other jurisdictions is an interesting question.

The Chair of the UK HSE Board, Judith Hackett,  has a background in petrochemicals.  The CEO of the HSE, Geoffrey Podger, has a background in the civil service, health and food safety.   The chair of the Safe Work Australia Council, Tom Phillips was the former CEO of car manufacturer, Mitsubishi, and has served on a range of industrial company boards in South Australia.  The Chair of WorkSafe BC board, Roslyn Kunin, harks from human resources and the labour market.   Greg Tweedly CEO of WorkSafe Victoria has a background in insurance and compensation.  Nina Lyhne of WorkSafe WA comes from road safety and compensation.

This unrepresentative sample shows a mix of experience and not all from health promotion.  If the list was comprehensive, it would be interesting to see if Shapiro’s comments stack up and to see how many trade union officials have moved to “the top” or will simply remain “on the board”.

The Living on Earth podcast includes the following quote from Michaels from some time ago:

“What polluters have seen is that the strategy that the tobacco industry came up with, which essentially is questioning the science, find the controversy and magnify that controversy, is very successful in slowing down public health protections.  And so the scientists who used to work for the tobacco industry are now working for most major chemical companies.  They don’t have to show a chemical exposure is safe.  All they have to do is show that the other studies are in question somehow.  And by raising that level of uncertainty, they throw essentially a monkey wrench into the system.”

This statement could generate optimism for OSHA’s future but there are many examples of the views of environmentalists changing once they move into the corporate world.  Politicians like Australia’s Minister for the Environment, Peter Garrett, is an obvious recent Australian example.  Harry Butler in the 1970s was roundly criticised for “selling out” to the petrochemical industry.

However, the appointment of David Michaels pans out, it will be an interesting one to watch, particularly if the US Democrats can stay in power for more than Obama’s two terms.

Kevin Jones

Three OHS case studies

The South Australian Industrial Court made three decisions in late July 2009 that are useful cases to look at in order to promote improved health and safety practices but also, in one particular case, to note the approval and endorsement of the judge in the post-incident actions of the employer.

As the SafeWork SA media notice states

“All received 25 per cent discounts from their fines in recognition of their guilty pleas, cooperation, contrition and remedial action to improve their safety systems.”

Case 1

“Bluebird Rail Operations Pty Ltd was fined $30,000 over an incident at its Kilburn workshop in March 2007.  A worker’s arm was crushed beneath a 1,500 kilogram sidewall, which broke loose when a lifting lug failed as it was being lifted to a rail freight wagon under construction.

The court heard that SafeWork SA’s investigation revealed deficiencies in the equipment used, the work processes and the communication channels.

While the worker suffered permanent and debilitating injuries, his employer provided ongoing support including education and training. The employee returned to work after several months and has been promoted within the organisation.”

This case reports a surprisingly short rehabilitation period for a crushed arm.  The words of Magistrate Lieschke should be of considerable note to those OHS professionals who want their clients and companies to go beyond compliance.

“I accept that Bluebird Rail facilitated Mr Sewell’s return to work, in accordance with its legal obligations to provide vocational rehabilitation.  I accept that Bluebird Rail has gone beyond its minimum legal obligations and has provided further re-education support to Mr Sewell, sufficient for him to complete a Diploma in Project Management and for him to now be studying an engineering degree at university. The degree course is being funded by Bluebird Rail.  That is commendable support. Mr Sewell has been promoted and is now working as an assistant project manager.”

Case 2

“International Tastes Pty Ltd was fined $20,250 today after an incident in which an employee had his arm caught in the rotating blades of a pasta-making machine at the company’s Glynde premises in January 2007.

The court was told that the employee was taught to operate the machine with the safety guard open, the interlock switch which would have stopped the machine from operating in such cases was not working, and no safety checks or procedures were in place for either the machine or the tasks involved with its use.

The 24 year old victim suffered fractures, lacerations and nerve damage resulting in a number of operations and considerable pain and suffering.  He has since returned to work interstate with a related company.”

Safety professionals constantly argue for interlocks that cannot be bypassed.  This case shows that the relatively young worker suffered considerably from the incident and has moved interstate to continue with his career.

The judgement raises issues of deep concern to OHS professionals in relation to the level of supervision and induction required for workers and the perennial issue of machine guarding.  The judgement reports the circumstances of the incident:

“On 23 January 2007 [Mr B] suffered serious right arm injuries while operating a pasta making machine in accordance with a method he had recently been taught.  He had received on the job training only and was not given the benefit of any written work procedures.  He had been taught to work in close proximity to unguarded rotating blades.

While using a two litre plastic container to collect pasta mix from the machine the container came into contact with the exposed rotating blades of the adjacent mixing bowl, which in turn dragged his right arm into the blades.”

Case 3

“Central Glass Pty Ltd was fined $9,375 having been prosecuted over an incident in February 2007 at its Salisbury factory, where it makes aluminium window components.

Two workers were manually lifting a slippery steel die weighing 95 kilograms to place it in a press.  In doing so, the die slipped crushing the fingertip of one worker and narrowly missing their feet as it fell to the ground from about waist height.

SafeWork SA told the court there were no safety procedures for the task and the injury could have been averted through the use of mechanical lifting gear, which was later purchased.”

This case can relate to the concept that existed for some time in Australia of a “safe lifting weight”.  This concept has been shown to be a myth as it focuses on only one part of the work process and assumes that the particular lift is outside the other lifting actions that a worker may have been performing previously. It also assumes that everyone has a similar lifting capacity.

The judgement of this case provides more detail

“On 16 February 2007 Central Glass Pty Ltd unnecessarily exposed its employee [Mr R] to a risk of serious injury at work.

With the help of another worker [Mr R]was required to manually lift an oily 95kg steel die from ground level and place it in a close fitting slot in a press at about waist height.  While doing so the die slipped and crushed one of [Mr R’s]fingers.  The die then fell to the ground narrowly missing the feet of [Mr R]and of his colleague. [Mr R] suffered a crush injury to the tip of his left middle finger.

Central Glass had not previously carried out any hazard identification and risk assessment process in relation to changing and fitting dies.  It did not have any safe work procedure for this task and did not provide adequate safety control measures such as mechanical lifting assistance.”

Kevin Jones

Tasmanian Premier talks of workers compensation fairness

On 26 July 2009, the Tasmanian Premier, David Bartlett spoke at the Tasmanian ALP conference.  Below is an extract from his speech in which he refers to the State’s review of workers compensation, the Clayton Report, and reflects the national industrial relations agenda by emphasising the Australian Labor Party’s favourite word of the day – “fair”.

“Delegates,

Not only must we act to keep Tasmanians safer on our roads – but so too in our workplaces.

The Labor Party began as we shall continue – as representatives of the working men and women of Tasmania.

That is why I am pleased that we have finally been able to reform the workers compensation provisions in this State, to return a fairer balance and provide the protection that workers deserve.

I have met people as Premier who have suffered terrible injuries at work.

I met a man last year who’d lost all the fingers on one hand, and yet had not been able to access the level of worker’s compensation that he so clearly and richly deserved.

That is not fair, and that’s why we’re changing it.

Unlike our opponents, who enthusiastically supported the flawed and unfair WorkChoices regime, we stand for a fair go for Tasmanian workers.

Some will say we’ve gone too far.  But this is about decency and dignity.

And it’s about respect for working people, and providing workers with the support and protections that they deserve.”

Kevin Jones

New Australian workplace safety statistics

New South Wales Workcover has released its statistics for 2007/08 on workplace fatalities, injuries and diseases.  Statistics are popular posts in SafetyAtWorkBlog and it is recommended that the full report be downloaded.

cover statistical_bulletin_2007_2008_5906Statistical incompatibilities continue between Australian States so the NSW statistics should be kept within that State however the report says

A total of 109,835 workplace injuries were reported in 2007/08, a reduction of less than one per cent from 110,160 in 2006/07 and a two per cent reduction in the incidence rate of 37.4 per 1,000 workers in 2006/07 to 36.5 in 2007/08.

Any reduction is good news but over the long term, the government initiatives may be failing.  A couple of aims of  the National OHS Strategy 2002-2012, to which NSW is committed, are:

  • to sustain a significant, continual reduction in the incidents of work-related fatalities with a reduction of at least 20 per cent by 30 June 2012 (with a reduction of 10 per cent being achieved by 30 June 2007), and
  • to reduce the incidence of workplace injury by at least 40 per cent by 30 June 2012 (with a reduction of 20 per cent being achieved by 30 June 2007).

Pages from NationalOHSStrategy200212According to WorkCover’s Annual Report for 2002/03 the incidence rate “remained steady in 2001/02 at 20.3”.  But the statistical report quoted above says the incidence rate is 36.5 in 2007/08.  Clearly the incidence rate has increased by 16.2 over this period.

SafetyAtWorkBlog is, sadly in this case, written principally by an Arts graduate whose grasp of statistics has been illustrated before.  But it seems curious that a percentage reduction is being applied to a non-percentage benchmark that is

“the number of injuries per 1,000 employees working in New South Wales”.

There is a lot of room for statistical wriggling in this definition.

SafetyAtWorkBlog is researching more statistical data on the National OHS Strategy to see who is going to meet the target and what will be done by those who do not.

But then again, the world is ending in 2012 which equates to good planning on the government’s part.  Non-achievement of OHS targets? Who cares, it’s armageddon anyway.

Alternative therapies

Many alternative therapies have proved to have a positive therapeutic or medical benefit and there is no reason why these should not be applied to work-related conditions.

In 2001, Jill Kaufman was interviewed for Safety At Work magazine.  The interview is now available at SafetyAtWorkblog.

In 2001, the wellness industry in Australia was just starting and corporate health programs were searching for validity and credibility.  Rehabilitation, just like health insurers, was beginning to allow for a broader range of medical treatments.  It seemed useful to educate the OHS readers of the magazine with this developing approach to worker care.

Jill’s comments should be seen in their historical context but this does not make them any less interesting , or relevant.  Below are a couple of excerpts:

“Placing a long term RTW employee through the Western medical process could, in fact, be continuing to injure them in terms of their self-esteem. A different approach on a holistic basis allows for an understanding of the injury through an understanding of the person.”

“SAW: Many rehabilitation programs measure success by the rapid return of a worker to work duties but also by the financial expenditure on that person’s rehabilitation. Can the value of the approach you advocate be similarly measured?

JK: There can be surprisingly simple solutions to what can appear to be very complicated issues. I think one of the surprising things that companies learn is that it is often not a big financial expenditure or a large amount of time that can provide positive results. If you tackle the problem with the wrong instruments and the wrong tools, it can seem a very long haul to turn around and use a non-Western approach. But in fact shifts in thinking can bring about quick results.”

“SAW: Many call centres are providing yoga, physiotherapy and massages to workers on the premises and often without the workers leaving their workstations. What are your thoughts on this practice?

JK: Often this is doing the absolute minimum that is required. To have people doing yoga at their desk, when a core element of yoga is centring your self, breathing exercises, the call centre is as different to the practices of yoga as you can get.”

Cheeky workers compensation premium statistic

“The premium has dropped eight per cent from last financial year. This is the third consecutive drop in the Commonwealth sector premium rate.” [my emphasis]

Fantastic news – eight per cent reduction in 12 months!  The media release goes on:

“… this is a very pleasing result for Commonwealth agencies as it indicates injuries are continuing to fall due to effective prevention strategies that promote safer workplaces.”

The second quote is from Martin Dolan, CEO of Comcare in Australia, on his second-last day in the job.

But 8%? In one year?

The Comcare media release includes a table of premium figures for the five years.  The overall premium rate in 2008-09 was 1.36%.  For 2009-10 it will be 1.25%, that’s the 8% fall in Comcare media release terms.  In reality it is a fall of 0.11%

The premium rate is indeed low and it may be justified in congratulating Comcare on a job well done but expressing such a fall as  8%?  This is a cheeky farewell statistic for a CEO which should have said

“a 0.11% fall from 2008-09 and a decline of 0.5% over 4 years”.

This is surely a fairer statistic and a worthy achievement in itself, if not quite so sexy.

Kevin Jones

UPDATE: 1 July 2009

Martin Dolan is moving to the Australian Transport Safety Bureau.

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