workplace – Page 199 – SafetyAtWorkBlog

Construction industry bullies

Workplace bullying is a possibility in all workplaces but more so in the blue collar construction industry than elsewhere, it seems.

The front page report in The Australian confirms the blue-collar bully stereotype that the former conservative government tried to gain political mileage from, most noticeably in political advertising, but also in political rhetoric over the years.

The article reports threatening language and physical imposition towards inspectors from the Australian Building and Construction Commission (ABCC). There was verbal abuse and insults to both the male and female inspectors. John Lloyd, head of the ABCC, is quoted as writing in a letter to the building company Brookfield Multiplex, that his inspectors:

“”feared for their safety and believed they would be assaulted if they had left the vehicle”.

The article also says that John Lloyd believes the incident, being investigated by the police, to be

“the worst abuse encountered by his inspectors in 1400 building site visits.”

The ABCC has draconian powers and there is, obviously, tension between the ABCC and construction workers however there is no excuse for workers breaching their OHS obligations to visitors to their worksite, regardless of the organisation the visitors represent.

The industry and unions have tried to eradicate it for safety and political reasons but on some sites it persists. The Construction, Forestry, Mining & Energy Union says that no CFMEU employee or officer was involved in the incident. That is good news but it was very likely that many of the participants were CFMEU members. The union should remind its members that the ABCC inspectors have the right to carry on their work tasks in a safe and healthy manner even if their presence is objectionable.

The construction workers involved in this incident are doing their case against the ABCC no good at all by their threatening behaviour. Indeed it allows the Labor government the chance to use similar rhetoric to that used by the Liberal Party – construction industry bullies and union thugs. Let’s hear the CFMEU discipline their members on their OHS obligations to others.

Unacceptable levels of death at Australian mines

In The Australian on 28 August 2008 was an article about the Australian Workers Union wanting to strengthen its industrial presence in the mining communities of the Pilbara region. Nothing surprising in that but the spur for this latest move was the death on 25 August of a 29-year-old worker in the Yandi mine workshop owned by BHP Billiton. The company acknowledged the fatality a media release.

The company has had several recent deaths in its facilities. According to a report on 30 July 2008:

“A 52-year-old Port Hedland man was conducting maintenance work on a scissor lift at Port Hedland when it fell on him at 1300 AEST on Tuesday, a police spokeswoman said.”

CEO Marius Klopper admitted on 20 August 2008 that BHP Billiton has had 11 fatalities so far in 2008. He is quoted as saying:

“The fatalities are difficult to talk about without getting emotional. The event that really shook us was that we had a helicopter crash where basically a pilot flew a helicopter into terrain and we had five fatalities. That was a truly tragic event and would be the single biggest event that we’ve had.”

“I think historically, we probably have reduced our fatality rates over time. It varies certainly from year to year but unfortunately we still have multiple fatalities every year in this business, which is something that we’ve got to continue to work on.”

Klopper’s comments received minimal media coverage outside of Western Australia. Perhaps that was because the CEO made those comments at the same time as announcing his company’s record profit of almost $A18 billion.

Latest Australian OHS statistics

On 22 August 2008, the Deputy Prime Minister and Industrial Relations Minister, Julia Gillard, released the Comparative Performance Monitoring Report (CPM) on Australia’s OHS and workers’ compensation outcomes for 2006-07. The principal points, according to the report, are:

• There were 236 compensated fatalities recorded in Australia for 2006-07, of which 177 were from injury and musculoskeletal disorders and 59 were from other diseases.

• Body stressing continues to be the mechanism of injury/disease that accounts for the greatest proportion of claims (42 per cent).

• The manufacturing industry recorded the highest incidence/claim rates per 1000 employees (27.5), followed by transport and storage (25.9), agriculture, forestry and fishing (25.3), and construction (22.1), however all these rates are down from 2005-06.

• Over three quarters (77 per cent) of injured workers successfully returned to work within eight to ten months of sustaining their injury.

The CPM report is available for download at www.workplace.gov.au/cpm

Countering Customer Aggression

Other than drunken pub patrons, customer anger seems to be common in social security offices. In Australia, until recently, there were few screens or barriers between staff and customers, perhaps an indication of Australia’s egalitarian culture, or perhaps, naiveté of current reality.

Centrelink, Australia’s social security agency, responded to the workplace hazard by banning those customers from face-to-face contact. Several people complained about this restriction and the complaints were investigated by the Commonwealth Ombudsman, whose report was released today, 25 August 2008. The Ombudsman found

“that in most instances the decisions to withdraw face-to-face contact were not unreasonable, but highlighted the need for national procedural guidelines to be developed to assist staff when managing customers who exhibit abusive or threatening behaviour.”

This justifies the removal of face-to-face contact, or in OHS terms, the risk has been eliminated.

However, the safety of staff may have been guaranteed but the anger of the client might still remain. It is in this context that the Ombudsman has recommended further changes to processes for the benefit of staff and clients.

Centrelink should be

• reviewing letter templates to ensure customers are properly notified of their review rights and the review process

• implementing strategies to ensure relevant staff are aware of the review processes required by the guidelines, and providing further training where appropriate

• introducing an appropriate internal monitoring/review mechanism to ensure quality and consistency in the application of alternative service arrangements

• encouraging decision makers to explore the most appropriate alternative servicing arrangement for future contact before deciding to withdraw face-to-face contact

• amending the guidelines to ensure staff record an appropriate level of detail to justify their actions and decisions following an instance of aggressive behaviour.

The Ombudsman’s report is available for download HERE

Guest workers and rural accommodation

There is a debate in Australia at the moment about easing the labour shortage by allowing “guest workers” into the country on temporary visas. Australia has a bit of history in migrant labour but not as much as those nations who share land boundaries and have not been saddled with the White Australia Policy that Australia held onto for decades.

It is time for Australia to accept its geographical and political position in South East Asia and the Pacific, but how does this relate to workplace safety?

The current debate is about easing the labour shortage in agriculture and, specifically, fruitpicking. For the guest worker scheme to work, Australia needs to show that guest workers are trteated with respect and are not being used as cheap labour, an accusation that is being bandied about. Respect means good working conditions as well as a proper salary and part of those conditions with be accommodation.

Greens Senator, Sarah Hanson-Young, emphasised this on 18 August 2008:

“While it is pleasing to see the Government provide much needed assistance and training for our Pacific neighbours, especially with the injection of money back into their respective communities, we must ensure that the guest workers are not exploited,” said Senator Hanson-Young. “Poor housing and contentious pay deductions are two issues that the Greens will be keeping a close eye on.”

The State of Victoria has a strong and large fruitgrowing area which. like most, relies on seasonal workers who reside on the property. The accommodation needs of farm workers is neatly summed up in the Victorian guidelines for shearing. Part of the guidelines state

In workplaces where accommodation and amenities are provided by the employer for employees, as is the case with shearers’ quarters on a property and amenities at the shearing shed, the amenities provided are regarded under the OH&S Act as part of the workplace. In this situation the general duty of care of the employer to provide and maintain for employees a working environment that is safe and without risks to health extends to the accommodation and amenities provided and to travel between the quarters and the shearing shed. (WorkSafe’s emphasis)

As has been proven in the past, migrant labour is frequently exploited, which is part of the trade unions’ concern with the scheme. OHS regulators, farmers and rural employers need to be assessing these facilities now (if it is not too late in the season) so that new employees can begin work confident that they will be well looked after and amply rewarded for their work. Even if there is no specific amenities compliance code or guidelines for this agricultural sector at the moment, there is plenty of information that indicates the decent way to treat guest workers.

Politicians’ workplaces

Western Australian Premier, Alan Carpenter, is to be applauded for stating that the Parliament is a workplace. This sounds like stating the bleeding obvious but Parliament has often turned a blind eye to this fact.

Certainly, the Premier is in election mode so there is an additional context in this period to everything he says. On 22 August 2008, he was talking about a working bar that exists in the State Parliament and how inappropriate it is. The media reported him saying:

“Parliament House is a work place, the members of parliament should not be able to drink freely during working hours,” Mr Carpenter said. “Having a bar serving alcohol during working hours is completely out of step with community expectations. It is completely unacceptable that members of parliament are able to sit in a bar in their workplace and drink when they should be working on behalf of the community.”

There may be good reasons for having a bar in a workplace, but it may be inappropriate for workers to use the facility during business hours. For years, many workplaces have introduced policies concerning drugs and alcohol to, in my opinion primarily, to cover themselves against legal action. Thankfully such policies can also have a workplace safety role in the reduction of impairment.

Impairment relates to one’s fitness for work and is easiest to understand in the transport industries where one person is responsible for the safety of many members of the public. But I have never understood why the logical extension of impairment to decision making in other workplaces has not be made.

In a workplace, such as a Parliament, or a goverment building, where decisions are made that will affect the safety and welfare of the public, decisions should be made with no impairment, Policies should not be decided over a couple of bottles of scotch which was reported to be done by an education minister in Victoria several years ago. Another politician was “under-the-weather” in Federal parliament some years ago, even though the current Federal Parliament has no bar onthe premises.

Considering that Parliaments are workplaces, the governments should review other hazards that are being addressed in other Australian workplaces. The top of the list would be reasonable working hours, fatigue and stress. In most Parliaments, the security issue is being dealt with but workplace bullying could be applicable.

Alan Carpenter’s comments were political statements in an election campaign so they have a dubious weight but let’s start thinking of Parliaments as workplaces and start seeing our politicians as exemplars in OHS. If safety culture starts with leaders and safety champions, then can we blame workers and business operators who follow our leaders’ examples?

Discrimination and OHS information in languages other than English

One of the most ignored OHS obligations in Australian workplace is to provide safety information in a language other than English. Most workplaces in a multicultural society struggle greatly with this obligation and, more often than not, rely on employees to pass on OHS information to their colleagues in the employee’s language.

This translation is an integral part of a safety management system and needs to be well-considered when developing and operating a system. OHS professionals need to be assured that the correct OHS information is getting to where it is needed and understood at that point.

A recent discrimination case that illustrated these issues occurred in the New South Wales Administrative Decisions Tribunal (Tanevski vs Fluor Australia P/L [2008] 7 August 2008). The tribunal found that Fluor had indirectly discriminated against Mr Tanevski (a Fluor employee since 2003 and with 314 years as a supervisor in rail maintenance) by placing a literacy requirement on him that he was unable to meet and that the tribunal found to be unreasonable.

A safety report had highlighted the “management of low English literacy standards of personnel” as a high priority for improvement. Mr Tanevski had been demoted from his role as a supervisor over concerns about his literacy level in relation to complying with the requirements under its OHS management system. The tribunal found that the company’s concerns were legitimate but unreasonable as

“there was a feasible, low cost alternative which did not involve any increased risk to safety…[to].provide him with training on the new HSE system, instruct him on how to complete the necessary forms and assist him with the duties, such as writing statements and reports, which he was unable to perform”.

In other words, the company needed to support the operation of the safety management system by helping the people who need to use it.

There is also another point to make from an OHS management perspective. Should not the new HSE system have accommodated the known literacy needs of existing employees? Information in the decision says that Mr Tanevski was a five-year employee with the company and there were no concerns with his work performance, indeed testimonials spoke otherwise.

The New South Wales OHS Act 2000 states

“An employer must ensure the health, safety and welfare at work of all the employees of the employer.
That duty extends (without limitation) to the following:…
(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work,…”

The Victorian OHS Act is more specific:

“An employer must, so far as is reasonably practicable—………..
(c) provide information to employees of the employer (in such other languages as appropriate) concerning health and safety at the workplace…….”

The rail safety legislation may have obligations specifically to that industry. Both OHS regulators, WorkCover NSW and WorkSafe Victoria, have guidance notes on how to provide OHS information in languages other than English. WorkSafe Victoria also lists the language needs of employees as a necessary element in any OHS training needs analysis.

The Tanevski case may also have been dealt with by WorkCover NSW but that the issue came up through legal action on discrimination in a non-OHS tribunal, illustrates that OHS professionals cannot rely only on information provided by the OHS regulators.

Category: workplace

Construction industry bullies

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Unacceptable levels of death at Australian mines

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Latest Australian OHS statistics

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Countering Customer Aggression

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Guest workers and rural accommodation

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Politicians’ workplaces

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Discrimination and OHS information in languages other than English

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