Important OHS and legal issues in findings of South Australian Coroner into young man’s death

The debate on OHS laws will be passionate in the pre-election frenzy of New South Wales but the OHS law reform is a national strategy and the safety debate is not asleep in the other States.

On 11 February 2011, AAP ran an article about the long-lasting familial and social effects a horrible workplace incident in South Australia in 2004.  Diemould Tooling Services (fined in 2009) took its appeal against prosecution to the High Court of Australia in 2008 and on 10 February 2011, almost six years after the death of 18-year-old Daniel Madeley, South Australian Coroner Mark Johns has said, at Madeley’s inquest:

“A horizontal boring machine had been operated at Diemould for years in a condition which could only be described as deplorably unsafe. It could have been guarded, but was not. It could have had a braking system, but did not. It could have had an automated lubrication system, but did not.

“Many other things could have been done, but any one of these would have been sufficient to save Mr Madeley’s life….”

Coroner Johns was very critical of SafeWorkSA about its actions following the 2004 death.  The coroner’s findings make for disturbing reading on several issues. Continue reading “Important OHS and legal issues in findings of South Australian Coroner into young man’s death”

Death in the workplace guide could have been much more helpful

Workplace Health & Safety Queensland (WHSQ)has released an update of its guidance on how to handle the impacts of a death at work.  “A death in the workplace– a guide for families and friends” provides very useful information for a period when a family’s life will change forever and when thinking clearly will be difficult.

Like many guidances from OHS regulators, this one is very legalistic or procedural.  It explains the roles of police, coroners, OHS inspectors and others but it lacks a humanity that many would find reassuring in such a difficult time.

One of the issues that creates great anxiety is any delay in getting the body of their loved one back.  The Queensland guide discusses organising this through a funeral director but grieving people want a little more information.  The guide would have been improved by simply stating that there may be a delay in returning their loved ones and that a delay of a week is often the norm.

Often families choose not to know the details of the procedures because they are focussing on their loss.  Anyone who has had to organise a funeral after a sudden non-work related death knows how traumatic the process already is and how disruptive it can be to a family, without the involvement of government agencies, police and others.

If the readership of this guidance was families and friends it has the wrong tone.  It provides important information without understanding the context in which such a guide may be read.  WorkCover New South Wales’ guide for families recognises this context with “a word of introduction”. Continue reading “Death in the workplace guide could have been much more helpful”

Is night shift reasonable practicable?

Tony Carter, has provided some additional information about occupational fatigue after reading the fatigue article on this blog earlier today.

Carter was one of three authors of a 2007 article in The Annals of Occupational Hygiene entitled “Epidemiological Diagnosis of Occupational Fatigue in a Fly-In–Fly-Out Operation of the Mineral Industry” (abstract only available online).   The abstract says that:

“A disturbed diurnal rhythm at the beginning of night shift and a roster of more than eight consecutive days were identified as the primary contributing factors to occupational fatigue in this setting.”

It is fair to say night shift and eight consecutive days of work are the causes in this research but research without proposed controls is of little practical use.  Thankfully the study by Anthony Carter, Reinhold Muller and Ann Williamson provides some control suggestions – naps and changes to lighting.  Simple in concept but possibly difficult to implement.  How does a company provide naps in a production line operation?  Can production continue as lighting lux levels are reduced? Continue reading “Is night shift reasonable practicable?”

OHS needs innovative thinking to manage fatigue

The December 2010 edition of WorkForce Management magazine (not available online) reports on a recent US survey concerning fatigue. The raw data is not available but the survey of 820 companies showed that over 80 per cent of respondents believed that fatigue was more of a workplace issue that in the past.

This may indicate an increased awareness or an increased reality but regardless, the hazard is gaining more attention.

Of greater interest is the possible causes identified in the survey. These include:

  • “Reduced head count,
  • Lack of boundaries between home life and work,
  • Second jobs,
  • A culture of ‘wanting to do it all'”.

How many of these contributory factors can an OHS professional affect? Continue reading “OHS needs innovative thinking to manage fatigue”

Is politics anti-family?

Another Australian politician has resigned to spend more time with his family but this time the family mantra is not tacked on to a struggling career in order to add moral weight to the political decision sadly many examples of dubious resignations are available.  Most commentators believe that the Tasmanian Premier, David Bartlett’s decision is a genuine desire to spend more time with his young family.

Premier David Bartlett talking to workers at the McKay Timbers.

Most of the media coverage relates to the political context of Bartlett’s decision but the circumstances for the decision are not unique as some previous SafetyAtWorkBlog articles show.  Political careers can lead to suicide attempts, depression and mental breakdown.  Certainly this occurs in other professions but at some point the structure of the occupation needs reviewing if a work/life balance is to be achieved.

Politics has always been a time vampire that has required the welfare and development of children to be given a lower priority than public service.  Continue reading “Is politics anti-family?”

Controlling Christmas party risks is a year-round activity

Every year, around this time, law firms and OHS regulators release statements and good OHS advice about the risks of Christmas and end-of-year work parties.  But companies who wait until now to introduce control measures and policies for the risks of occupational violence, sexual harassment and reputational damage have, largely, missed the opportunity to effectively manage these risks.

The need to enforce safe behaviours at work functions is not a seasonal process but one that is integral to the establishment of a safe workplace culture the year round.  This is not to say that a friendly reminder is not useful but, if managed well, it should be nothing more than a reminder.

Of all the OHS advice for parties, Workplace Health & Safety Queensland is most succinct:

Half price psychosocial hazard books

Rarely does SafetyAtWorkBlog recommend the purchase of books but Federation Press is offering 50% off any Willan Publishing titles through to 17 December 2010.  For those unfamiliar with this publisher, below are some of the titles that are relevant to occupational health and safety:

Safety Crimes by Steve Tombs and David Whyte

Workplace Violence by Vaughan Bowie, Bonnie Fisher and Cary L Cooper

Violence at Work by Martin Gill, Bonnie Fisher and Vaughan Bowie

There are many other titles concerning social issues which may be of relevance to some industrial sectors.

Kevin Jones

Note: SafetyAtWorkBlog occasionally receives review copies from Federation Press but with this special offer, a selection of books have been purchased.

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