Category: workplace

What does the government mean by “flexibility”?

Australian governments have all missed the solid, positive support that workplace safety can provide in pushing through useful OHS, and industrial, initiatives.  It would be a courageous employer who argued against any initiative that is intended to imporve the level of safety in any workplaces. 

The Deputy Prime Minister and IR Minister, Julia Gillard, reminded me of this when she spoke about the intoriduction of the government’s Fair Work Australia authority.  I have written elsewhere that the time is right for the Minister to also announce a “Safe Work Australia” authority which can arise out of ashes of the Australian Safety & Compensation Council. I would suggest that Safe Work Australia could also use the structure of the Workplace Ombudsman, have Comcare for the paperwork, establish a dedicated OHS stream in the justice system and use the moral authority of a new independent OHS Ombudsman.  This would be my mix for a strong, fair, independent and national OHS process for Australia.

In Gillard’s speech on Fair Work Australia though, she provided little hope of such an achievement.  This government continues to consider OHS as a separate discipline (or perhaps a subset) to Industrial Relations except when business accuses the unions of gaining IR advantage through OHS actions.  OHS could be legtitimately used to present consultation and consensus in a united IR strategy but there is little indication of that, indeed the gulf is widening. 

In Gillard’s speech on industrial relations she mentions “promoting workplace flexibility” as an important part of the platform.  This appears a couple of lines after a mention of “business flexibility”.  These are not interchangeable terms and seem to be included to soften the message, as there is no further mention, or expansion, of these concepts.

In HR and OHS terms we are looking at flexible work structures that can reduce workplace hazards, improve staff retention, increase career longevity and provide sustainable productivity.  Whether this is workplace flexibility or business flexibility seems to depend on which end of the management structure you come from but there should be no ambiguity in government statements on the issue of flexibility.  Then again maybe staff health, safety and welfare is only a distraction.

When a safety campaign is not a safety campaign

Last Friday the Australian Jockeys Association issued a media release in support of their safety campaign for increased compensation.  The campaign was surprising on a number of points.

The safety campaign is aimed to “help jockeys manage the risks inherent in their work”.  Over the last few years there has been a marked increase in safety work in this area.  In December 2005 media reported the following

“Safety helmet to be demonstrated in Melbourne
The prototype of a full face jockeys’ helmet designed to minimise head and facial injuries will be demonstrated at the Moonee Valley meeting in Melbourne on Friday.
Sydney riders got a look at helmet at Rosehill last Saturday and several adjustments have since been made. The helmet, which has been developed by Mark Bryant of Safety Helmet Systems, gives 40 per cent more protection and has a rear locking device enabling it to be removed easily in the case of suspected neck injury.”

This developed from the work undertaken by John Saxon and the National Jockey Safety Review Steering Committee established in early 2005.

WorkSafe Victoria supported a research project in March 2006 (which included the Victorian Jockeys Association) that made recommendations on the following OHS areas

  • HAZARD MANAGEMENT
  • INCIDENT REPORTING
  • CONSULTATION
  • HAZARD CONTROL
  • DESIGN ADVICE & GUIDES
  • TRACK EQUIPMENT
  • RIDING GEAR
  • EDUCATION, TRAINING AND MENTORING
  • INDUCTION AT TRACKS
  • BREAKING IN AND HORSE EDUCATION STANDARDS
  • PERSONAL HEALTH
  • INDUSTRY OH&S IMPROVEMENT ACTION PLAN

In June 2007 WorkSafe Victoria published a guide on HORSE STABLES AND TRACK RIDING SAFETY, which includes a section specifically related to horse riding and track safety.

The media release makes no mention of workers’ compensation yet compensation seems to be what they were requesting.

AJA CEP Paul Innes says, in the release,

“Under our plan, one per cent of race money would be directed to the AJA. This money would be used to: cover jockeys’ compulsory Public Liability premiums; fund a national Personal Accident Scheme for jockeys; support jockeys and their families in financial hardship due to death, illness and injury through the National Jockeys’ Trust; and fund other welfare programs”

The AJA website acknowledges that jockeys do receive workers compensation.  It says

“As Workers Compensation entitlements for jockeys depend on specific state and territory legislation, a jockeys entitlements to benefits in respect to a workplace injury, differs quite considerably throughout Australia.
The AJA has been recently in the process of making representations to the Principal Racing Authorities in those states that have inadequate compensation entitlements.”

So what the recent campaign is about is not necessarily reducing the risk to jockeys but an expression of dissatisfaction with current workers compensation arrangements.  If this is the case, why is this not explained in the media release and why not redirect the protest resources to the national reviews of OHS and workers compensation to which the current Federal government is committed?

In the AJA campaign booklet, Paul Innes emphasises on page 2 that

“… the overwhelming majority of jockeys aren’t highly paid. Quite the opposite, with a survey of our members showing that 50 percent gross no more than $50,000 per annum. That’s before paying for their equipment, transport costs, public liability and other insurance, as well as GST and income tax.
Disturbingly, surveys of our membership reveal many jockeys experience periods of financial hardship.”

The booklet further stresses that “jockeys are leaving the industry in large and unsustainable numbers. In the past nine years, jockey numbers have declined 43 percent” with the implication that it is financial pressures and not risks to health that are the more important concerns.

The campaign is entitled “Racing for Our Lives – A Plan to Protect Australian Jockeys”.  It is described by the AJA as a “safety campaign” – IT IS NOT.  This campaign is about income.  To label it as anything to do with safety is misleading and the Australian Jockey’s Association should be roundly criticised for misrepresenting this campaign.

Note: I tried to contact Paul Innes today for clarification.  He was unavailable but his staff said that he will contact me in a few days.  I will publish his response.

“Negligence” and salvation

SafeWork SA recently released details about the successful prosecution of MCK Pacific P/L (trading as Plexicor) over two injuries in a carpet manufacturing plant in South Australia that occurred in January 2006 and July 2007.

The company was fined a total of over $40,000.  The new management has been congratulated on its new OHS management program (to such an extent that it won a Safe Work Award in 2006) and for achieving a positive safety culture.

It’s a shame that the prosecution didn’t focus on the lack of a safety culture that had lead up to two injuries on the same machine at the same MCK Pacific plant both involving the trapping of a worker’s foot in exactly the same nip point.

Risk Assessment

According to the report from the SA Industrial Relations Tribunal a risk assessment had been undertaken after the first incident but the control measures were not undertaken:

“The recommendations involved re-wiring the machine and ensuring safe work practices were put in place. …… The defendant failed to act on the identified risk. Further there was no hazard identification or risk assessment done with respect to the particular issue of cleaning and maintaining the foaming press being the function Wilson was performing at the time he was injured.”

There are several issues raised in this prosecution that need discussing.  The first is that the company was able to save over $10,000 by “early guilty pleas, cooperation and contrition” assumably by the new management.  In other words, once you are caught, get an easy 25% deduction on the penalty by realising you’ve been caught and saying sorry.

What has happened to the previous management who allowed for a second injury from an unguarded machine 18 month’s after a serious incident?  Are those directors and executives excluded from managing a company unless they have had safety training?  Have they acknowledged that they were negligent?

Regardless of the argy-bargy over an executive’s personal accountability and what is a company’s “controlling mind”, this case seems to be a good example of business owners not being held accountable for their (in)action.  Once may be a mistake but twice is negligent.

It is also clear from the Tribunal findings that basic safety procedures were not followed and that workers were unaware of interlock devices.

“There was an isolation key but this was not common knowledge to all employees. Wilson and the other employees working on the machine at the time of the incident indicated that they were not aware of any lockout procedure. There was no documented lock out procedure with respect to the cleaning and maintenance of the machine.”

Following the second incident the company made substantial improvement:

Following the [second] incident … a lockout and isolation procedure was developed together with training for employees in relation to that procedure. Safe work practices were developed for all of the processes involved with respect to the foaming press. A space entry permit was required to be completed and signed prior to the entry of personnel into the press. Audible alarms were fitted. Hoses on the tool die were relocated to the front of the die which eliminated anyone standing behind the die and potentially out of sight of employees at the control panel.

Supplier Obligations

There is also a movement in OHS for contractors to meet the OHS standards of the commissioning company.  Plexicor lists the following companies as its clients – Chep Australia, Ford Australia, Holden, JC Decaux, Mitsubishi, Pacific Center Cyber Works, and Telstra.

In 2004, before the injuries mentioned above, Holden made this statement in its 2004 Community and Workplace Report:

“Supplier Management
GM’s Worldwide Purchasing Policy includes a number of practices that guide its suppliers in purchasing activities throughout the world. Suppliers and any goods or services supplied must comply with all applicable regulations or standards of the country of destination, including those relating to environmental matters, wages, hours, conditions of employment, subcontractor selection, discrimination, occupational health and safety and motor vehicle safety.” (my emphasis)

Holden doesn’t seem to have pushed this obligation with Plexicor.

Holden sets out its current expectations for its suppliers on its website.  One of the criteria, which seems a little contrary to well-resourced OHS management systems, is “Lean Manufacturing” – “the production of durable goods with a minimum consumption of capital investment, floor space, labour, materials, time and distance”.  Holden states that

“For Holden to be successful a a low cost producer of quality vehicles, Holden suppliers also must be committed to the lean ethic.”

Similar obligations are imposed by Ford Motor Company through its joint venture with Futuris Automotive (the new owners of Plexicor and the defendant in the SA IR Tribunal case).

The Magistrate was certainly optimistic about the safety future of Plexicor under the tutelage of Futuris.  If only Futuris had bought Plexicor earlier.

Workplace depression approaches are too narrow

Further to other SafetyAtWorkBlog posts concerning Ms Paula Wriedt’s sacking, Ms Wriedt has issued a statement expressing her disappointment at Premier David Bartlett’s decision.

One comment from a newspaper columnist struck me as odd but worthy of note.  The columnist said that Paula Wriedt’s public statements have followed the line pushed by beyondblue, a depression support and lobby group.  I have had no dealings with beyondblue but note that newspaper articles often end with “For further information on depression contact…..” similarly television news reports.

beyondblue has been a spectacular success in self-promotion and, hopefully, increasing awareness of depression.  In the context of the Premier’s decision on Paula Wriedt, David Bartlett contacted the chair of beyondblue (and former Victorian Premier) Jeff Kennett, prior to his decision.  The Weekend Australian newspaper reported

“I have not taken this decision lightly; in fact, decisions don’t come any tougher than this,” Mr Bartlett said. He received support from former Victorian Liberal premier Jeff Kennett, the chairman of depression support group Beyondblue.

After speaking to Mr Bartlett, Mr Kennett told The Weekend Australian he believed the decision was a very tough call for the Premier, but added: “When you balance up all his responsibilities, the correct one. It might just be what Paula needs to start rebuilding her health.  That is, she doesn’t have other ministerial responsibilities now and she can now focus more directly on her recovery.”

beyondblue does admirable work and has acheived much but it is dominating the discussions on psychosocial issues in the workplace.  It is difficult for other groups to raise matters that are just as relevant to the workplace, if not more so, such as occupational violence, stress, dignity at work, and so on.

We are not yet clear on all the circumstances of Paula Wriedt’s suicide attempt, and we may never know.  We do not know if work stresses or private stresses caused her self-harm but that is not necessarily the point.  Occupational health and safety long ago left the confines of the workplace and controlling workplace hazards, particularly psychosocial issues, needs a bigger canvas.  There must be an approach that assists the individual in work and non-work contexts. 

Some countries and States are trying this through work/life balance initiatives but the approaches are usually skewed to focus on interventions on the individual rather than looking at the social structures.  In OHS we look at the “system of work” to determine the most effective interventions.  To affect true and lasting change, we must apply the “system of living”.  We must be careful not to over-emphasise the individual and be distracted from the cultural initiatives.

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

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