Category: workplace

Zero Harm persists in confusing companies on safety

Zero Harm = Zero Credibility

Australian lawyer, Andrew Douglas is one of the most passionate safety advocates I have met and he is a dogged critic of the Zero Harm branding present in occupational health and safety thinking. In his latest article at Leading Thought, he discusses Zero Harm and states that:

  1. “It is untrue and neither workers or supervisors believe the concept is true. Therefore it is unsustainable.
  2. The structures mean you get a clean out of low risk, low hanging fruit but your high end risk is unaffected.
  3. The safety knowledge of those most at risk, the workers, is not improved nor is their decision making capacity. Without changing mindsets people will continue to make deadly decisions.
  4. The positive studies do not measure Zero Harm against another process – I don’t doubt that any money and focus on safety will impact safety performance. The issue is it the best, does it reduce the risk of serious injury or death?
  5. The language, metrics and rhetoric of Zero Harm is utterly inaccessible to workers. They need a language in safety they own and understand.”

This level of criticism would do for many corporate safety programs as Zero Harm runs counter to the consultative and collaborative safety management process. Curiously one Australia’s OHS regulators, Workplace Health and Safety Queensland (WHSQ), has bought into the Zero Harm concept applying it to leadership. Continue reading “Zero Harm persists in confusing companies on safety”

The safety role of the Construction Compliance Code Unit

Recently SafetyAtWorkBlog was able to spend some time with the Director of the Victorian Government’s Construction Compliance Code Unit (CCCU), Nigel Hadgkiss. The CCCU and Hadgkiss have been in the Victorian media recently in terms of the CCCU investigation of industrial relations matters in several Grocon construction projects and some discussions with LendLease but an often overlooked, yet significant, element of the Construction Compliance Code is the occupational health and safety obligations. The CCCU has been working on early drafts of a Health and Safety Management Plan (HSMP) with which all those operating under the Code will need to comply.

Many of the questions SafetyAtWorkBlog posed stemmed from a presentation Hadgkiss made at a breakfast seminar on which SafetyAtWorkBlog previously wrote. That article is recommended for background and context.

Nigel Hadgkiss advised that since 1 July 2012 71 companies and associated companies have “signed up” to the Compliance Code with a full awareness that OHS is a key element of compliance.

OHS obligations of unsuccessful tenderers

The Code requires companies tendering for Victorian Government construction work to follow specific OHS obligations, whether they are the successful tenderers or not. In some ways this seem unfair.

Hadgkiss believes that the tenderers to government contracts are well aware of the safety obligations from the outset. From that point they are contractually bound whether they are successful or not.

Continue reading “The safety role of the Construction Compliance Code Unit”

PCBUs, farms, quad bikes and safety – a speculation

Soon another Australian State, South Australia, will be using the concept of the PCBU – the Person Conducting a Business or Undertaking in its occupational health and safety laws. This concept has the potential to expand OHS laws well beyond the traditional factory fence or office and the recent discussion on the safety of quad bikes may illustrate this.

Until there are Court cases to clarify the Work Health and Safety laws and concepts it is worth looking at the source of these concepts. Safe Work Australia explains the PCBU in an interpretative guideline.

Businesses may be “enterprises usually conducted with a view to making a profit and have a degree of organisation, system and continuity”. In terms of quad bike use, this could be a farm.

Undertakings “may have elements of organisation, systems, and possibly continuity, but are usually not profit-making or commercial in nature.” Probably not a farm. Continue reading “PCBUs, farms, quad bikes and safety – a speculation”

Increased productivity and dignity at work are achievable

David Yamada, in his blog Minding the Workplace, states that

“the more we can get the concept of human dignity into our everyday discussions of work, the better.”

SafetyAtWorkBlog is a supporter of dignity at work and it is heartening to see that the concept is being discussed globally.  Dignity, as an activator for change, seems to be a missing element in not only The Hedgehog Review but also very recently released reports, OHS guidances and Australia’s debate on productivity.

The Australian Human Rights Commission released a report last week about sexual discrimination called Working Without Fear.  A quick word search for “dignity” shows no results, nor do searches for “bully” or “bullying”.  This is disappointing but perhaps should not be a surprise as this report indicates again that the Australian Government considers sexual discrimination and workplace bullying to be separate issues although lawyers and the media often overlap the two.

The Working Without Fear report, based on a large telephone survey concludes that

“…. targets of sexual harassment are most likely to be women and less than 40 years of age. Consistent with previous surveys, the 2012 National Survey also shows that the harassers are most likely to be male co-workers, though women were at least five times more likely than men to have been harassed by a boss or employer. Men Continue reading “Increased productivity and dignity at work are achievable”

Half bored and tired to death

They both nodded in agreement when she said, “I’m half bored to death in this job, nearly had it”.  Both women were freezing, sitting outside in the covered area.  Their fingers blue.

The short morning break.  You hurry, you panic, get a quick hot drink, a cigarette, quickly back into it.  Hour after hour after hour “for the last 20 years” she said.  From 5 am when she gets up to do things before rushing to work to start at 7 am.  Rush back home at 3 pm to pick up ‘the youngan-whydidIdoit’ as she said of her late in life baby.  She looked about 40.

Of course workplace fatalities and injuries are heart breaking tragedies.  People work to earn a living, this is not a war zone.   But the more common issues at work, those that grind people hour by hour for decades of their one single life are not to do with that.

They are to do with what in polite text will spawn dots.  It’s to do with the daily tiredness, humiliation and wall-to-wall disrespect experienced by so many workers on a daily basis. It’s to do with that exhausting sense of,  ‘I’ve just about had enough’.  It’s to do with what I call F..kwit Fatigue. Continue reading “Half bored and tired to death”

New workplace safety laws set to pass in South Australia in October

South Australian Independent Member of Parliament, John Darley, has been negotiating on that State’s Work Health and Safety laws for many months.  On 17 October 2012, according to a media release from SA’s Premier Jay Weatherill and Workplace Relations Minister Russell Wortley, Darley agreed to support the passing of the laws after achieving some amendments.  Those amendments involve changes to

  • height limits,
  • duty of care,
  • the right to silence, and
  • the right of entry.

Tammy Franks, a Greens MLC, was able to achieve an expansion of the number of days available for OHS representative training.

A spokesperson for John Darley told SafetyAtWorkBlog that another change was for any WHS codes of practice to undergo a small business impact assessment in consultation with the Small Business Commissioner.  Darley’s spokesperson said that the MP had met with Business SA after it changed its position on the WHS laws.  The amendment above is likely to address the small business concerns that BusinessSA raised in its letter to its members earlier this month.  The flip-flopping of BusinessSA on workplace health and safety laws was always curious and it is likely to put the organisation at a negotiating disadvantage once the laws passed.  It may try to claim a mini-victory through the small business change but the change appears to have occurred due to Darley’s efforts and not through any relationship with the South Australian Government. Continue reading “New workplace safety laws set to pass in South Australia in October”

Truly acknowledging failure provides a strong base for improvement

When one fails in safety management, people can get hurt or die, yet safety professionals and business executives rarely acknowledge this failure, even though companies may plead guilty in court. Instead “mistakes” are made, “deficiencies” are identified and investigations uncover “areas for improvement” but these are rarely described as “failures”.

October 13 was the International Day For Failure (IDFF), a day that is intended to provide a structure for the discussion of failure and how we respond to, and cope with, failure.  The quote that most summarises the day is

“Failure is not the enemy, the fear of failure is”.

Part of the impediment for growth in safety management is that people are encouraged to deny liability for their actions.  Executives receive legal advice to say as little as possible and to keep as much as possible under legal-client privilege.  This is anathema to the principles of safety management that require failures to be acknowledged and for new preventive strategies to be developed. Yes, shit happens but safety management is particularly required to not let the shit happen twice. Continue reading “Truly acknowledging failure provides a strong base for improvement”

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