Social media manipulation of OHS statistics

Recently SafetyatWorkBlog criticised the focus on fatality statistics as a measure of success. Workplace fatalities are a convenient measure but can seriously misrepresent the status of workplace safety by ignoring psychosocial hazards and occupational illnesses. An infographic came through the SafetyAtWorkBlog inbox this weekend which illustrates the unhelpful obsession with fatalities but, perhaps more importantly, the risks of social media.

OSHA-edited-v5This infographic from US firm Compliance and Safety (purposely unlinked) is slickly produced for social media and blogs but is fundamentally invalid. The title at the top is a ridiculous comparison. “Is OSHA a wasteful regulatory nightmare or common sense that saves lives?” The Occupational Safety and Health Administration (OSHA) may be wasteful but how can this be compared to the amorphous and self-serving concept of “common-sense”? The implication is that common sense equates to a free-market regulation of workplace safety. The failure of the free-market approach to occupational safety, and to the environment, many decades ago is exactly the reason why regulations were introduced. There were too many businesses exploiting workers and the environment by creating harm without accountability. Continue reading “Social media manipulation of OHS statistics”

It can take a long time to learn how to manage workplace safety

On 21 December 2012 in the South Australian Industrial Court, Amcor Packaging (Australia) was fined $A96,000 over a breach of the occupational health and safety (OHS) laws.  That type of sentence appears frequently in SafetyAtWorkBlog but the difference this time is that it is the third similar OHS prosecution and fine applied to Amcor in South Australia.  Amcor Packaging has had similar OHS problems in Queensland and Victoria.

According to a SafeWorkSA media release (not yet available online), the latest prosecution involved an incident in November 2010 where:

“Two workers were walking on conveyor rollers to guide an unstable stack of cardboard when one inadvertently stepped into a gap between the rollers. The female worker was then struck by the arm of an automated pallet sweeper, sustaining multiple fractures to her lower leg and ankle.”

Cover  from 2012_sairc_59In his judgment on the case, Industrial Magistrate Stephen Lieschke said there was no risk assessment at the plant and a lack of engineering controls.  The two previous Amcor offences in South Australia also related to inadequate engineering controls.

Recurrence

Magistrate Lieschke also said that

“The two prior offences are highly relevant to this sentencing process, as the court is left with a low level of confidence that Amcor will not commit any future offences…..,”

In June 2008 law firm Holding Redlich mentioned an increase in an OHS penalty against Amcor by the Court of Appeals: Continue reading “It can take a long time to learn how to manage workplace safety”

Safety and productivity links at risk from ill-informed ridicule and media beat-up

Yesterday Australia’s Fairfax Media reported on a “policy” supposedly being applied in the Western Australia resources sector by Chevron Australia that requires workers to stand, rather than sit, for the purposes of increasing productivity.  The initiative has been roundly ridiculed by various political and social commentators, including the Minister for Workplace Relations, Bill Shorten. However few have mentioned that the actions by the “policy” may be in line with recent OHS guidance issued by an Australian government safety authority, Comcare, or that the Victorian Government has granted $A600,000 for research into the use of standing workstations.

SafetyAtWorkBlog has been informed that Chevron has had no role in the production of the “leaked memo” and that this memo is likely to be notes and verbal advice provided at a low-level on a worksite and even simply as part of a regular toolbox meeting.  Fairfax Media is unfairly linking two disparate issues, dragging in Chevron who is not involved with the information and potential damaging valid safety information through unjustified ridicule. Continue reading “Safety and productivity links at risk from ill-informed ridicule and media beat-up”

Political ideologies on show over workplace bullying

In Australia, Parliamentary inquiries are usually required to provide the Parliament with a copy of their findings. In the last week of November 2012, the Chair of the Australia’s Parliamentary Inquiry into Workplace Bullying, Amanda Rishworth, presented its report which included a dissenting report from the Conservative (Liberal Party) committee members. On 28 November both Alan Tudge MP, one of the dissenting committee members, and Deborah O’Neill (Labor Party), spoke to the House of Representatives about the report. Their speeches say much on the issue of workplace bullying and the politics of workplace health and safety (WHS) in Australia.

Statistics and Costs

Tudge acknowledges the importance of preventing workplace bullying but provides an important fact to remember when reading the full report. According to Hansard, Tudge says

“The prevalence of workplace bullying is not known – there is no statistical data to assess exactly how prevalent it is. Regardless of the precise number, we know that it is too prevalent.” (emphasis added)

This may sound a little contradictory but it summarises a problem when investigating workplace bullying, there are no useful statistics on it. Continue reading “Political ideologies on show over workplace bullying”

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”

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