BHP Billiton receives minimal OHS penalty – time for a new approach

Some time ago a penalty concept circulated in Australia where OHS penalties were implemented as a percentage of as company’s revenue or profit.  The concept gained renewed topicality in mid-July 2010 as BHP Billiton was penalised $A75,000 after the death of a worker, Scott Rigg. (Video report available)

The fine seems paltry for a fatality and more so when the company’s OHS record is taken into account.  As the video report states, BHP Billiton could have been penalised $A200,000 but even this is a relatively small fine for such a company.

The Australian Government has been willing to apply a 40% tax on the mining industry’s profits but is unlikely to apply a percentage penalty in relation to OHS.   Continue reading “BHP Billiton receives minimal OHS penalty – time for a new approach”

A gut feeling for workplace risk

We all do it, we use language to both inform and at times mislead.  However, when the latter happens in the field of OHS it can be a very damaging to standards.  I’d like to draw attention to one such (class of) circumstance but I’m not sure that the very language I need to use as demonstration will be acceptable within this communication domain.

Some years back I tried to provide a means for linguistic interaction between some academic language and that of workers.  I hoped that parcels of theory and practice could interact to highlight strengths and weaknesses, as a kind of OHS reality check.  Once a word or a concept is understood communication has only started as an approximation.  I was trying to allude to other, subtler tools of language that must also be understood.  For example, it’s important to take note of tone, irony, sarcasm, analogy and metaphor.  These are all tools used in ordinary conversations, they not only deliver information, but may in fact provide pointers to essential meanings intended.  It’s hardly news to state that even a pause or a comma can make all the difference.  Try, “What is this thing called ‘Love’?” and “What is this thing called, Love?”

I asked a worker on a large demolition project (that within a year killed a man) how good was the local OHS system and how well was it supported by management.  The response was less than enthusiastic.  I then tried to get a sense for actual OHS practice, I needed a real example.  I asked this measured, neck-tattooed forklift operator of about 56 how he decided what size and type of forklift to use for which load.  Was there a policy?  Was there a standard operating procedure (SOP)?  Was there any written document…….. or what?  He was sitting at the time in one of the heavy forklifts on the site, a large machine about to lift and shift a huge load. Continue reading “A gut feeling for workplace risk”

A radicalised OHS profession may meet future social needs

The Australasian Faculty of Occupational and Environmental Medicine (AFOEM) has uploaded to the internet an hour-long discussion of their Position Statement on “Realising the Health Benefits of Work“.

Firstly  AFOEM should be congratulated for sharing such a resource.  Although the paper itself was launched in May 2010, to have access in July 2010 is a great achievement and an indication of the openness of the organisation and the importance the organisation places on the document.

Dr Robin Chase, President of AFOEM, says in his launch introduction that the dominant social perspective is that work is somehow bad for one’s health.  This is a perspective that OHS professionals will struggle to counter as they are always on the look-out for hazard, the potential for harm, risks.  Similarly HR people often are seen as providing services to assist workers in coping with workloads and workplace issues. Continue reading “A radicalised OHS profession may meet future social needs”

Psychological advice on handling people that is broadly applicable

The latest edition of Lawyers Weekly includes an article ostensibly about managing bullies in the legal profession written by psychologist, Dr Chris Day.  The article provides some general tips, though, that are useful to any of us who need to make decisions refreshingly she reflects two options that I offer to my OHS clients on safety matters that do not include bullying.  Dr Day says that any problem can be solved by these actions

  1. “Leave…
  2. Change the situation…
  3. Accept the situation…
  4. Do nothing….”

Leave and change are included in the OHS Hierarchy of Control under different terminology.  Doing nothing is advice that few OHS consultants will give but is a strategy that many small businesses apply.  Their risk management strategy is to press their luck and in some cases this can work.   Continue reading “Psychological advice on handling people that is broadly applicable”

Oil rig workers speak about BP/Deepwater incident

The worker impact of the BP/Deepwater incident in the Gulf Of Mexico has finally been provide a mainstream media airing in 60 Minutes.  Workers Comp Insider blog provides some commentary and embedded video of the show.

It is a curiosity of American television that everything is open for discussion even though an official inquiry is underway.  This may be to do with the fascination of all things television but may also be reflective of a country whose legal structure allows for greater and more immediate self-analysis than the United Kingdom and its Commonwealth colleagues.

From the information available about the events preceding the disaster and immediately after, there was an increased production pressure on the oil rig’s workers.  There was some confusion on the authority for decision-making on process matters.  Emergency procedures were not well-developed or the practicalities anticipated.

Clearly there were flaws in the safety management system regardless of any design issues.  The governmental inquiry will be able to provide a much more detailed and dispassionate report of these events but it is clear that at this one oil rig in the Gulf of Mexico, safety management was not clearly understood or applied by workers at the frontline.

The world is looking forward to the “big picture” report.

More OHS charges laid over insulation installer deaths

The OHS investigation process into the deaths of installers of insulation in Australia has led to charges being laid against Arrow Property Maintenance Pty Ltd.

On 28 June 2010, Queensland’s Department of Justice and Attorney-General has charged the company with breaches of both the  Electrical Safety Act 2002 and the Workplace Health and Safety Act 1995 following an extensive investigation into the fatal electrocution of a 16-year-old teenage insulation installer in Stanwell in 2009.

The charges relate to unsafe electrical work and unsafely working at height during the installation of fibreglass insulation.

Interestingly the Department has also mentioned in its media release (not yet available online) a separate prosecution under the Electrical Safety Act 2002 that is strengthened by it also being an

“… alleged breach of a Ministerial Notice issued on 1 November 2009 Continue reading “More OHS charges laid over insulation installer deaths”

New suicide report has something to say about workplace mental health

Work-related suicides have been in the press a lot in Australia over the last six months.  In June 2010, the Australian Government released a report into suicide called The Hidden Toll: Suicide in Australia.  It covers suicide as a social issue broadly but there are some mentions in the report about work-related suicides that are worth noting.

On social costs:

“Ms Dulcie Bird of the Dr Edward Koch Foundation argued that whole communities are often affected when a suicide occurs and described low estimates of the number of people effected by suicide as ‘a load of nonsense’. She gave the example of the suicide of a 16-year-old boy in a small town and noted her organisation had completed ’43 face-to-face interventions for that one suicide’. The Foundation commented that suicide results in the loss of the deceased person’s contribution to society as a whole. Continue reading “New suicide report has something to say about workplace mental health”

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