WorkSafe – Page 74 – SafetyAtWorkBlog

Upcoming OHS Videos

At the end of March 2009, the Safety Institute of Australia (Victoria Division) is conducting its annual Safety In Action conference. In order to help promote the conference the SIA organised for several conference speakers to be filmed.

The filming occurred in early-February 2009 and the short 10-minutevideos will be available at the Safety In Action website in a couple of week’s time. The subjects of the videos are:

Jill MCabe of WorkSafe Victoria who talks about the research WorkSafe has undertaken in order to establish a better profile of their clients so as to improve assistance and advice. Jill has long experience in industrial relations and now focuses on health and safety.

Helen Marshall was appointed Australia’s Federal Safety Commissioner in August 2008. Helen discusses her experiences in dealing with a national system for safety on building and construction sites and reveals her first ever “real” job.

Dr Martyn Newman explains what he means by describing some leaders as “emotional capitalists”. He sees that as a good thing to be but isn’t ego an emotion and greed an emotion? And aren’t those the emotions that that have generated a lot of our social and financial heartbreak? Is there is such a thing as an “emotional socialist”? Dr Newman’s presentation at the conference will be popular but it’s application may be obscure or challenging.

John Merritt, the CEO of WorkSafe, is genuinely passionate about improving society and seems to feel that OHS is a valuable way to improve the quality of people’s lives. [I first spoke with John in the early 1990s while he was in the ACTU. The only thing I knew about him was that he had written a book about shearers. I spoke next with him while he was CEO of the National Safety Council and now (twice) while he is at WorkSafe. If our paths continue to cross, he owes me a beer and two hours of unrecorded conversation in a comfortable bar.]

Barry Sherriff, a lawyer with Freehills, has just come off nine months of serving on the National OHS Review panel and is hamstrung in what he can say as the government is yet to release the final report. His presentation was measured and cautious.

The videos provide an interesting cross-section of OHS approaches in Australia, several overlap and some are “out there” but the best that can be said is that one learns. This makes for a terrific Safety In Action conference.

Kevin Jones

Evidence of horse racing risks

The Australian Medical Association (AMA) has commented on an article in the Medical Journal of Australia (MJA) entitled “The incidence of race-day jockey falls in Australia, 2002-2006”. The AMA summarises the report’s statistics

“Falls occurred at a rate of 0.42% in flat racing and 5.26% in jumps racing. Although most falls occurred pre- or post-race, falls occurring during the race resulted in the most severe injuries.”

However, the statistics, that can only be accessed fully by subscribers, should be looked at more closely in order to investigated the most appropriate control measures. It should be noted that the risks for horses is not part of the report.

The report finds

“There were 3360 jockey falls from 748 367 rides. Falls occurred at a rate of 0.42 per 100 rides in flat races and 5.26 per 100 rides in jumps races. In flat racing, 54.6% (1694/3101) of falls occurred before the start of the race and 11.1% (344/3101) of falls occurred post-race. The 34.3% (1063/3101) of falls that occurred during flat races resulted in 61.7% (516/836) of the injuries sustained. In jumps racing, most falls occurred at a jump and 9.7% (25/259) of jockeys who fell were transported to hospital and/or declared unfit to ride. There were five fatalities resulting from falls during the study period, all in flat racing. Fall and injury rates were comparable with those found in the United Kingdom, Ireland, France and Japan.”

The authors found that

“Being a jockey carries a substantial risk of injury and death. Although rates of injury in Australia are not exceptional by international standards, there can be improvement to safety standards in the Australian racing industry.”

Most reports end with statements that seem blatantly obvious but it is worth considering the findings that the five jockey fatalities were “all in flat racing”. These finding would question the strategy of some safety lobbyists who focus on jumps racing.

The available information says that 85% of falls resulted from the jockey being dislodged. More useful information would come from looking at the specific causes of the injuries – head trauma, shoulder injury, back… This information is not publicly available but is crucial in determining what type of PPE jockey’s should wear, if any. Much work is aimed at helmets and protective vests, and banning jumps racing with which the statistics from this report may assist.

WorkSafe Victoria’s guide on track safety mentions some track or barrier design changes. It would be useful to know what injuries resulted from jockeys falling on railings in order to verify the value of the redesign recommendations. Granted the WorkSafe recommendations don’t specifically address race day conditions but in terms of track design the situation is not relevant.

Specific information on jockey injuries in Victoria was reported to WorkSafe in 2006. The report found

67% of falls injuries recorded in the RVL [Racing Victoria Limited] data set are suffered by jockeys at race events;
33% of falls injuries recorded in the RVL data set are to licensed jockeys at track work;
43% of falls injuries recorded in the VWA [Victorian WorkCover Authority] data set are to track work riders (excluding licensed jockeys) at track work.

Control measures are recommended in the WorkSafe report, a report that was not referenced in the MJA article even though other work by one of the report’s authors, Steve Cowley, is mentioned.

All reports and investigations have their limitations and specific aims but it is disappointing that the MJA article was more interested in benchmarking than proposing safety solutions. The researcher’s aims for the MJA report was stated as

“… to determine the incidence of falls, injuries and fatalities occurring at race meetings in Australia, and to compare them with overseas rates.”

An opportunity was missed to provide some information on the safety changes that could reduce the injuries to, and fatalities of, jockeys.

Kevin Jones

Safety promotion needs backup

WorkSafe Victoria has had considerable advertising success by focusing on the social impact of workplace injuries and death. In the newspapers and television over Christmas 2008, WorkSafe ads, like the billboard above, were on high rotation but, after the high number of workplace fatalities in January 2009, the strategy must be needing a review.

In terms of OHS promotion generally, branding and awareness strategies are valid however, when the messages of the strategies continue to be ignored, alternatives need to be developed. The fatality figures imply that family is “the most important reason for safety” but only for a short time or in limited circumstances. When you return to work the work environment or your approach to the work tasks are worse than before Christmas.

The reality of advertising is that it is often cheaper to raise awareness than change the behaviour of clients, in terms of OHS, this would be both the workers and the employers. Raising safety as a business priority requires considerably legwork by regulators on-site and through industry associations. Few OHS authorities around the world seem to be applying hands-on approaches to the extent required.

Part of the reason is that trade unions used to be the shopfloor safety police, as anticipated by Robens in the early 1970s, but trade union membership is at record low levels. The deficiency in the safety profile on the shopfloor or at the office watercooler is not being picked up by the employers.

Media campaigns are the public face of safety promotion but they should not be a veneer. Regulators need to provide more information on the alternative strategies they already employ, or plan to introduce, so that promotion is not seen as an end in itself.

Direct business and CEO visits have been used in the past but given up because these were short term initiatives. In Victoria, high level visits by regulators to CEOs, board members and directors had a considerable impact in the 1990s but there was no follow-up strategy to maintain that profile. Ten years on there are a new set of senior managers who could do with a bit of prodding.

Kevin Jones

Australian 2008 workplace statistics

Every year newspapers and organisations undertake a “year in review”. OHS regulators are no different. As more statistics become available of the next few weeks, SafetyAtWorkBlog will provide the latest OHS statistics for 2008. The most recent are below.

Western Australia

According to a media release by WorkSafe WA:

“In 2005/06, WA recorded 12 traumatic work-related deaths and 25 in 2006/07. There were 27 fatalities in 2007/08. In addition, every year around 19,000 Western Australians suffer an injury or illness serious enough to have to take time off work.”

Eleven of these fatalities have occurred since 1 July 2008

Victoria

According to information provided to SafetyAtWorkBlog by WorkSafe Victoria:

There were 21 work-related deaths in calendar 2008 compared with 22 in 2007 and 29 in 2006.
Deaths in 2008 occurred in building construction (four), transport and agriculture (three each), timber, electrical linesmen (two each). There were also fatalities involving forklifts, the meat industry, retail, firefighting, roadworks, warehousing and manufacturing (one each).
The 10 year average is 28.4 deaths/calendar year. There were 39 fatalities in 1999, the highest in that period. Lowest was 2004 with 18.
The 5 year average is 24 with a high of 30 in 2004, the highest in that period.
29,087 [WorkCover] claims last financial year compared with 28,550 in the previous. There were 77 life threatening injuries in the last financial year compared with 66 in 06/07.

Kevin Jones

UPDATE – 7 January 2009

A spokesperson for WorkSafe WA has told SafetyAtWorkBlog that WorkSafe’s statistical experience varies from that in Victoria in the context of workplace injuries over the Summer break. January is historically a month with a low rate of workplace injuries. This may be due to the number and type of West Australian industries that close down for January or that workers are on leave for around two weeks in January.

Statistics on workplace injuries are notoriously difficult to compare from one Australian State to another and SafetyAtWorkBlog would argue OHS would be seen as more directly relevant by the community if statistics accurately reflected the level of work-related injuries and illnesses rather than being based on workers compensation claims and fatalities. It certainly would change the strategic targets and enforcement processes if illness was accurately assessed.

Various Federal governments have promised to attend to statistical incompatibility over decades and it is hoped that the potential national consistency of OHS laws may also resolve the need for accurate and relevant workplace statistics.

Managing Safety After A Vacation

On 4 January 2009, the Sunday Age contained a curious article based around some quotes from Eric Windholz, acting executive director of WorkSafe Victoria. The article reports Eric as saying that when workers return to work after a holiday break they can be careless.

“People come back, they’ve taken their mind off the job, they’ve had a well-earned holiday and sometimes it takes them a little while to do the basics of making sure they’re working safe….. Recommissioning their equipment, starting plant, starting at construction sites again, people may not have their minds on the job and they get hurt.”

WorkSafe has advised SafetyAtWorkBlog (and provided the original media statement) that

Latest WorkSafe ad – now online

The Christmas ad campaign by WorkSafe Victoria is now available for viewing on line.

I saw it with my family for the first time last night on television and it had a terrific impact on my wife. The hug from the teenage daughter is the clincher. My teenage son had seen the ad previously and thought it was very effective.

A major change in the campaign is dialogue. Refreshingly the conversation is not about safety and there is an undercurrent of fear of injury to the normal/banal family conversation that locate the action into our own homes.

The Homecoming ad made good use of the Dido music, for the time, but that campaign relied on visuals. The latest ad hits the core family values and concerns and deserves a wide audience.

The insidiousness of “reasonably practicable”

WorkSafe Victoria recently released a guideline, or clarification, on what it considers to be the issues surrounding “employing or engaging suitably qualified persons to provide health and safety advice“.

SafetyAtWorkBlog remains to be convinced that such a process will lead to better safety outcomes in the small to medium-sized enterprises at which this program is aimed. The OHS legislation clearly states that the employer is the ultimate decider on which control measures to implement to address a workplace hazard. This is echoed in the WorkSafe guideline

“It is important to note that employing or engaging a suitably qualified person to provide OHS advice does not discharge the employer from their legal responsibilities to ensure health and safety as required under Part 3 of the OHS Act. This duty cannot be delegated.”

A business manager will weigh up the advice sought or given from a variety of sources and make a decision. A good business manager will take responsibility for the good or bad results of their decision. But they need to have a clear understanding of their obligations and Victoria’s legislation could be confusing.

The guideline says that

“Employers are expected to take a proactive approach to identify and control hazards in the workplace before they cause an incident, injury, illness or disease.”

This reitereates one of the safety principles in the 2004 OHS Act

“Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings.”

But the principles are not legislative obligations. As Michael Tooma writes in his “Annotated Occupational Health and Safety Act 2004”

“… it is the intention of the Parliament that the principles be taken into account in the administration of the Act.”

The principles are there for judicial colour and community reassurance but with no real impact.

The obligations on an employer, the section that determines the actions and plans of the business owner or managers, are, as well as general duties:

“Duties of employers to employees

(1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health……..

(2) Without limiting sub-section (1), an employer contravenes that sub-section if the employer fails to do any of the following-

(a) provide or maintain plant or systems of work that are, so far as is reasonably practicable, safe and without risks to health;

(b) make arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances;

(c) maintain, so far as is reasonably practicable, each workplace under the employer’s management and control in a condition that is safe and without risks to health;

(d) provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of the employer;

(e) provide such information, instruction, training or supervision to employees of the employer as is necessary to enable those persons to perform their work in a way that is safe and without risks to health. “

The “as far as is reasonably practicable” insertions allow business considerable flexibility in arguing the validity of their decisions after an incident but hamper the employer in being “pro-active” – (a hateful and lazy piece of business jargon).

The impediments to “pro-activity” can be seen in the general duties of Section 20 where

“to avoid doubt, a duty imposed on a person…to ensure, as far is reasonably practicable, health and safety requires the person –

(a) to eliminate risks to health and safety so far as is reasonably practicable:…..”

This contrasts with the objects of the, same, Act which states that one of the aims is

“to eliminate, at the source, risks to the health, safety and welfare of employees and other persons at work:…”

It is strongly suspected that a crucial element of OHS legislation and management will likely disappear and this is to eliminate hazards “at the source”. Outside of the objects of the Act this aim is not mentioned anywhere else in the legislation. “Reasonably practicable” will erase this important social and moral clause.

Eliminating something “at the source” encourages research into new ways of eliminating hazards by placing an obligation on us to determine the source. “Reasonably practicable” encourages us to research control measures until it is practicable to do so no more. That is a half-quest that solves nothing. What if Frodo was asked to dispose of the ring in Mordor only if “reasonably practicable”? The story would have been a novella instead of a classic trilogy.

Employer associations are lobbying for increased workplace flexibility. That has nothing to do with the health and safety benefits of the employees but rather the health and safety of the balance sheet. “Reasonably practicable” similarly focuses on business management and not safety management.

The battle against this insidious weakening of the OHS profession is not lost. Heart should be taken from the preparedness of governments to roll-back unpopular legislation such as some industrial relations initiatives. Hindsight can be an important motivator for change.

Recent fatalities data may sway some in government that OHS regulators are achieving their social and operational targets but OHS professionals know that fatality rates are not an accurate indication of the success of safety initiatives. New workplace hazards are appearing regularly and many of the new ones don’t result in death but lead instead to misery and an incapacity to live a healthy life or to work again in a chosen profession.

“Reasonably practicable” allows businesses to try, in differing degrees, to eliminate the hazards, such as psychosocial hazards, of its workforce and then shift them to social security and disability benefits. And why not? It seems that corporations can serve their clients and stakeholders “as far as is reasonably practicable” and then expect a bailout from government over their mismanagement. Immorality applies to much more than economics.

Category: WorkSafe

Upcoming OHS Videos

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Evidence of horse racing risks

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Safety promotion needs backup

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Australian 2008 workplace statistics

Western Australia

Victoria

UPDATE – 7 January 2009

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Managing Safety After A Vacation

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Latest WorkSafe ad – now online

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The insidiousness of “reasonably practicable”

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Western Australia

Victoria

UPDATE – 7 January 2009

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