The OHS “fun vampires” hit the theatre

Several weeks ago, I took my family to the filming of a TV program.  As with most of this things there is a person who “warms up” the audience and which seems to involve the throwing of lots of lollies and sweets.  (If only weddings used sweets instead of bouquets there might be more takers) The warm up act will always make one of two references to “having someone’s eye out with that one” as they throw the sweets.

England’s Health and Safety Executive have chosen this “hazard” as their December OHS myth.  It’s particularly important for the English as the pantomime season begins.  The HSE says

“Health and safety rules were blamed when a panto stopped throwing out sweets to the audience. In fact they were worried about the cost of compensation if anyone got hurt….

Realistically, if a panto throws out sweets the chances of someone being seriously hurt is incredibly low. It’s certainly not something HSE worries about …”

The hazard of being injured from stage projectiles is real and it was only 2000 when a law suit was settled between Dame Edna Everage and a man who was hit in the eye with a gladioli thrown from stage.

Whether being injured by a projectile from the stage is an OHS matter or a public liability situation is debatable.  My risk management lecturer used to say that one should always sue the deepest pockets.

It is not OHS which is generating the safety rules.  OHS regulators are reacting to the increased litigation that is being touted by lawyers, bled into the Western culture through US television programs and being seen as a “nice little earner” by some in the community.  Most of the critics are facing the wrong target but are doing so because the OHS regulator is an easier target.

As an OHS professional, I would have to say do not throw anything into an audience or crowd unless it is an essential element of the performance.  There are other ways of distributing treats.

Kevin Jones

Safety awareness ≠ safety (always)

Workplace fatalities have markedly increased in Victoria over the last couple of months.  According to WorkSafe Victoria information nine people have died within the last two months bringing the current total to 27 for 2009.

Victoria has a high awareness of the need for safety in the workplace, principally due to the advertising campaigns of WorkSafe which began, in one form or another, in the 1980s when Andrew Lindberg was WorkSafe’s CEO.  But clearly awareness of the need for safety is not being translated into action.

WorkSafe Victoria has become alarmed at the recent surge in deaths and issued a media release asking for things to settle down.  John Merritt, executive director, has said

“With many industries now reaching their peak activity the risks are extreme as people rush to get work completed and begin to think about what Christmas, holidays and the New Year has to offer.

“The construction and manufacturing sectors are aiming to complete projects before a summer shutdown, while transport, warehousing and retailing are ramping-up to Christmas.

“With just a few weeks before Christmas and the spectre of nine deaths in two months behind us, employers and workers must lift their game and reject the urge to take shortcuts or become complacent.”

But there is nothing unique about this time of year as the same activities, the same work pressures exist each year at this time.  More analysis is required of why this October and November 2009 have been particularly bad.  This analysis needs to be much deeper than the market research and attitudinal studies that OHS regulators frequently undertake.

Dead men tell no tales but survivors do and perhaps it is time to investigate the circumstances of an incident in a way that is outside of the legal/prosecution motivation.  Everyone has a different perspective on a workplace incident and many are less than truthful or honest in order to not incriminate themselves or because a lawyer has advised against unsupervised cooperation.  Could it be possible to offer a special consideration to the witnesses of an incident, prior to the Court experience, so as to encourage accurate data of an incident that can then be issued as a safety alert?

The media releases of OHS regulators often refer to incidents that have occurred months or years ago when the circumstances are only remembered by the Courts, the company and the family of the deceased.  Surely there must be some way of issuing an interim alert that does not jeopardise the prosecution?  The preventative benefit would be so much more if the alert relates to an event that has occurred within the last week, for example, or while the tragedy is still being reported in the media.

In various venues throughout Victoria, John Merritt, has been showing a graph of the number of fatalities in the State in line with the National OHS Strategy leading to 2012.  Earlier this year, the fatality rate was above the benchmark.  Now, WorkSafe must be realising that the 2012 target is likely to be impossible.

Australia is not renowned for its OHS research.  What occurs is way below that of other similar economies and the funding is abominable.  It may be time to pull back on advertising expenditure and start researching the causes of the fatalities for a quick turn around of, at least interim, results.  Until this occurs, regardless of regular pleas from OHS regulators it is likely that we will still be hearing of incidents like these from Victoria:

“…a 42-year-old man fell from a roof and died while installing cables for a television antenna on a house in Tullamarine.”

“…another 42-year-old man is being treated for serious burns at the Alfred Hospital after fuel ignited as he prepared to refill a generator…”

“A man has died at Werribee after being run over by the trailer of a reversing tractor”

“…a farm worker was run over by a tractor on another Werribee South vegetable farm. He suffered serious injuries to his pelvis and was flown to hospital for surgery…”

“A Lower Templestowe man, 47, died from crushing injuries after a tractor he was driving became entangled in a steel wire supporting poles for a canopy over a Wandin North orchard.”

“A 45-year-old dairy farmer died near Portland when he was hit by his tractor and an implement and suffered fatal crushing injuries.”

“A man’s head was crushed between an industrial chipper and a truck at Warrandyte North”

“A man aged in his 50s died at Bannockburn near Geelong while operating a boom lift. He was found crushed between the machine’s bucket and the roof of a building in which he was working”

What we can be sure of is that 27 Victorian families will not be celebrating this Christmas.

Kevin Jones

The biggest management hurdle on workplace smoking

Smoking in the workplace is increasingly banned in countries around the world.  The mob of smokers in fire escapes and outside office building front doors are common occurences.  There is no denying that smoking is hazardous but this established fact does not seem to help with the regular management challenge – smokers work less than non-smokers and non-smokers resent this.

A recent study of workplace smoking in over a dozen countries published in the online edition International Journal of Public Health illustrates the continuing struggle.

“The study also found that overall employees estimated spending an average of one hour per day smoking at work, but most employees (almost 70 percent) did not believe that smoking had a negative financial impact on their employer.  However, about half of employers interviewed did believe that smoking had a negative financial impact on their organization.”

This people management issue often bleeds into the realm of the OHS manager as it is the health risks to the smokers and other workers than generated this division.  Clearly these statistics show the problem persists.

The tension comes from non-smokers working a full shift when a non-smoker is permitted to work at the same tasks for the same pay but work one hour less.  No companies have been able to solve this tension in any way other than encouraging smokers to quit smoking.  It may be attractive to OHS managers to leave this issue to the HR managers to struggle with but when planning any anti-smoking programs, this tension needs to be anticipated by OHS professionals.

“Several previous studies indicate that despite the beliefs of smoking employees and some employers in our study, smoking does have a substantial negative impact on a business’ finances,” [Michael Halpern PhD of RTI International] said. “More research needs to be done to quantify the economic impacts of workplace smoking and educate both employers and employees on those effects.”

Halpern’s comments illustrate a major limitation to the thinking of researchers on this issue and other similar workplace matters.  Workers’ health and compensation costs are rarely included in such surveys as business economics look at salary and time management issues yet business admits that worker health costs are part of the decision-making processes.

It is not that worker health costs are not quantifiable.  There is plenty of premium data, insurance figures and public health costs to include in the calculations but largely this data is ignored.  The researchers could take a two stage approach of, what they consider, primary labour costs with a mention of secondary health and compensation costs.  It would be possible to say something like “labour costs equate to $xxx – a substantial business costs but if workers’ compensation costs are included, an even more startling picture emerges…”

OHS professionals know that their job is not really one of handling safety issues exclusively but of managing safety within the business context.  To achieve this OHS professionals must be alert to all elements of business operation.

Kevin Jones

Shoemaking in South East Asia – book review

Some of the best OHS writing comes from the personal.  In a couple of days time a new book will go on sale that illustrates big issues from a niche context and brings to the research a degree of truth from the personal experiences of the author.

Pia Markkanen has written “Shoes, glues and homework – dangerous world in the global footwear industry” which packs in a range of issues into one book.  The best summary of the book comes from the Preface written by the series editors.

“Pia Markkanen’s extraordinary first hand investigation of the dangers of home work in the shoe industry in the Philippines and Indonesia is an important contribution to our understanding of work, health and the global economy. She also carefully documents the intersection of gender relations and hierarchy with the social relations of “globalised” economic development and reveal as the important implications for the health of women, men and children as toxic work enters the home.”

As one reads this book, local equivalents keep popping into the reader’s head.  For instance, Markkanen’s discussion of the home as workplace raises the definition of a “workplace” that is currently being worked through in Australia.  She briefly discusses the definition in her chapter “Informal Sector, Informal Economy” where she refers to an ILO Home Work Convention, and usefully distinguishes between the homeworker and the self-employed, a distinction that Australian OHS professionals and regulators should note.

Markkanen does not impose a Western perspective on her observations and acknowledges that regardless of the global economic issues and social paradigms, “shoemakers felt pride for their work”.  This pride goes some way to explaining why workers will tolerate hazards that others in other countries would not.  In many OHS books this element is often overlooked by OHS professionals and writers who are puzzled about workers tolerating exposure and who look to economic reasons predominantly.

In South East Asia, limited knowledge can be gleaned from literature reviews as the research data is sparse.  Markkanen interviewed participants first hand and, as mentioned earlier, this provides truth and reality.  She describes the shoe makers’ workshops in Indonesia:

“Shoe workshops are filled with hazardous exposures to glues, primers, and cleaning agents, unguarded tools, and dust.  Work positions are often awkward, cuts and burns are common, as are respiratory disorders.  Asthma and breathing difficulties are widespread when primers were in use.  Workers were reluctant to visit doctors because of the expense.”

She then reports on the interviews with Mr. Salet, a shoe manufacturer, Ms. Dessy, the business manager, Mr Iman, the business owner, Mr Ari, a skilled shoemaker, and many others.

Markkanen also illustrates the shame that the minority world and chemical manufacturers should feel about the outsourcing of lethal hazards to our fellows.  In the chapter, “Shoemaking and its hazards”, she writes:

“Shoe manufacturing will remain a hazardous occupation as long as organic solvents are applied in the production.  It is notable that in 1912, the Massachusetts Health Inspection report declared that naphtha cement, then in use for footwear manufacturing, was considered hazardous work.  The 1912 report also referred to a law which required the exclusion of minors from occupations hazardous to health – the naphtha cement use was considered such hazardous work unless a mechanical means of ventilation was provided and the cement containers were covered…. minors were prohibited from using the cement.  Almost a century later, hazardous footwear chemicals are still applied – even by children – in the global footwear industry.”

There is little attention given to the OHS requirements of majority world governments by OHS professionals in the West, partly because the outsourcing of manufacturing to those regions has led to the reporting of OHS infringements and human rights issues more than information about the legislative structures.

Markkanen provides a great section where she describes the OHS inspectorate resources of the Indonesian Government and the fact that Indonesian OHS law requires an occupational safety and health management system.  Granted this requirement is only for high-risk industries or business with more than 100 employees but there are many other countries that have nothing like this.  Markkanen quotes Article 87 of the Manpower Act 2003:

“Every enterprise is under an obligation to apply an occupational safety and health management system that shall be integrated into the enterprise’s management system.”

It is acknowledged that this section of legislation is hardly followed by business due to attitude and the lack of enforcement resources but we should note that safety management is not ignored by majority world governments.

Lastly, Markkanen provides a chapter on the gender issues associated with the shoemaking industry.  She makes a strong case for the further research into the area but it is a shame that to achieve improvements in women’s health the reality is  that

“women’s health needs female organizers and female women trade union leaders who understand women’s concerns”.

Some male OHS professionals may be trying to be “enlightened” but this seems to not be enough to work successfully in some Asian cultures.

Overall this book provides insight by looking at a small business activity that illustrates big issues.  The book is a slim volume of around 100 pages and it never becomes a difficult read because it is concise and has a personal presence that other “academic” books eschew.  As with many Baywood Books, the bibliographies are important sources of further reading.

At times it was necessary to put the book aside to digest the significance of some of the information.  Occasionally the reality depicted was confronting.  Baywood Books could do well by encouraging more writers to contribute to it Work, Health & Environment Series.

Kevin Jones

[SafetyAtWorkBlog received a review copy of this book at no charge.  We also noted that, according to the Baywood Books website, the book is available for another couple of weeks at a reduced price.]

Serious injuries can occur regardless of good OHS intentions

SafeWork South Australia has illustrated a situation that is common in Australian workplaces – no matter how hard one tries to ensure safety, things can still go wrong.  In a court case on 20 November 2009, four farm operators were fined over a foreseeable incident that cost a 20-year-old the sight in one eye as well a fractured skull and paralysis, from falling three metres.  According to a SafeWorkSA media release

“The incident occurred in May 2006 as the farmhand, aged in his early 20’s, was working on a large stock crate prior to mustering sheep for shearing. The crate had been borrowed from a neighbour. The farmhand had to stand on a small platform three metres off the ground and operate a manual winch to lower a ramp within the crate.
During this task, the winch handle forcefully struck the man in the face, after which he fell from the platform to the ground. This resulted in skull fractures and the loss of sight in his right eye, and spinal damage, which left him paralysed.”

The farmers had preventative management measures in place prior to the incident and have made considerable changes to the workplace to enable the worker to return to work.

The comments of Industrial Magistrate Stephen Lieschke in his judgement are worth noting

“While (they) believed they were being comprehensive in their safety improvements, they appear not to have given the same attention to the stock crate as to their own plant and equipment, probably because it was occasionally borrowed to them.”

The defendants were fined $A28,000, a hefty fine compared to some given out in the same jurisdiction.  This figure was after a higher than usual 30% penalty reduction.  Industrial Magistrate Lieschke applied the discount because of an “exceptionally high level of demonstrated contrition”.  The magistrate puts it this way

“General deterrence does require a substantial penalty due to the prevalence of serious injury from the obvious danger of unprotected work at height, and due to the need for employers to take a structured risk assessment and control approach to all work processes and plant.

As first offenders the defendants are each exposed to a maximum fine of $100,000. In my opinion a notional total penalty based on a starting point of a fine of $40,000 is appropriate after taking account of all the above circumstances. After reduction by 30% this results in an aggregate penalty of $28,000. This in turn results in a fine of $7,000 for each defendant.

I also record a conviction against each defendant.”

SafeWorkSA advised SafetyAtWorkBlog that they did prosecute the owner of the stock crate but that, in February 2009 also heard by Industrial Magistrate Lieschke, the charges were dismissed.
Also, the injured worker, Kerrin Rowan, received a worker achievement award from WorkCover in 2008 and clearly the support from the local community is important.

Safety photos

Many online safety professionals get the occasional email asking whether there is a repository of safety photos that can be used in support of safety programs.  The enquiries come from all over the world and the easy answer is there isn’t one.

There are many reasons for this.  One is that almost all of the photos taken by OHS regulators are produced for legal purposes and have legal restrictions.  Similarly photos taken of incident sites by companies are usually for evidence.

The best  safety photos are those photos that are not taken for safety purposes but standard work photos that show safe work practices.  Yet few companies take photos of their workplaces purely to record how work is undertaken.

Recently the European Agency for Safety & Health At Work ran a contest for the best safety photo in Europe.  The winner has been announced for a photo entitled “Beekeeper” by Christopher Azzopardi.

Copyright - EU-OSHA, www.osha-photocompetition.eu

The Agency also has a gallery of the top 100 images received for the competition which are recommended for viewing.

The reuse of images are subject to legal restrictions so please check with EU-OSHA.

In SafetyAtWorkBlog’s experience, safety professionals should have a camera with them during inspections or walkrounds, not to catch out workers doing the wrong thing but as a record of how the workplace operates.  Just as audits can provide snapshots of processes so images are snapshots of the “way things are done”.

Kevin Jones

Crushed finger leads to claim and Court

Regularly in OHS  submissions to the government and on OHS discussion forums, safety professionals state that industrial relations should be kept separate from workplace safety issues.  In a perfect world ? Possibly, but there was a court decision on 13 November 2009 in Australia that shows that this separation is not possible in the modern world.

According to a media statement from WorkSafe Victoria:

Concrete panel supplier, The Precast Company, pleaded guilty in the Dandenong Magistrates Court on Friday 13 November to failing to provide an injured worker with suitable employment as required under Victoria’s workers compensation legislation.

The Court heard that the injured worker was employed as a crane operator when he suffered a crush injury to his finger. He attended Dandenong hospital and 5 days later was certified as being fit for alternative duties.

Two weeks later, he left work early on a Friday to attend his doctor. When he returned to work the following Monday he was informed that he had abandoned his employment and had no right to be there.

At the time, the company defended its action stating the worker had not been dismissed, but instead had walked out of the workplace half way through the day without reason.

As the injured worker had an accepted workers compensation claim, The Precast Company, in dismissing the injured worker, had failed to provide suitable employment despite the worker being certified as fit for alternative duties. Under the State’s workers compensation laws, an employer is required to provide employment to an injured worker who has a capacity for work.

The company pleaded guilty to one charge of failing to provide suitable employment and was fined $2,500 without conviction and agreed to pay costs of $1,500.

WorkSafe’s own summary of court action provides more details:

The defendant company operates in the building and construction industry. It has declared annual remuneration of about $2 million and has 45 full-time employees.  An employee working as a crane operator suffered a crush injury to his finger on 1 April 2008 and was issued with a certificate of capacity certifying him ‘unfit for all duties’ from 2-4 April and fit for alternative duties from 5-16 April. The worker returned to work on 7 April on light duties.  He left work early to attend a doctor’s appointment and returned to work on 14 April and continued light duties. He saw his doctor on 17 April and was issued a further alternative duties certificate from 17 April -1 May.

On 18 April the worker left work around midday to attend his doctor’s later that afternoon when he was issued with another certificate. At this stage he had still not submitted a claim form. When he arrived for work on 21 April he was told that he had abandoned his employment and had no right to be there. He went home and soon after sought legal advice. He lodged a claim for compensation that day which CGU accepted.

The defendant company’s director wrote to WorkSafe stating that the worker was not dismissed but had abandoned his employment on 18 April 2008. The director was overseas on that date and his explanation is based on what other staff have told him. The foreman provided a statement to a circumstance investigator that on 18 April the worker “just walked out of the workplace half way through the day. He would not provide a reason. As far as I was concerned he was abandoning his employment at this time.”

On 23 June 2008, the date that the worker’s claim was accepted, he was issued with a certificate of capacity certifying him fit for alternative duties until 21 July. By dismissing the worker the defendant company failed to meet its obligation to provide him with suitable employment once his claim had been accepted.

These are the only public details available at the moment but clearly effective communication was not occurring between the employee and the company.  Sometimes circumstances that involve safety become a more complex industrial relations issue which may lead to Court, no matter how hard you try to compartmentalise them.

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