WorkSafe – Page 78 – SafetyAtWorkBlog

Influenza – dilemma for OHS regulators

SafetyAtWorkBlog has no expertise in the control of infectious diseases. Any enquiries received on the issue are directed to the official information on government websites such as Australia’s Dept for Health & Ageing or the US Centre for Disease Control, or international authorities such as WHO.

vwa-pandemic-cover1

But this creates a dilemma for OHS regulators. If the regulator does nothing, it is seen as inactive – a bad thing. Or the regulator can issue its own guidance on infection control – a good or bad thing. It is an unenviable choice.

WorkSafe Victoria took the latter choice and issued their “OHS preparedness for an influenza pandemic: A guide for employers” in early May 2009. The guide is not intended to be definitive and may be useful in the future but infectious outbreaks can move rapidly and, to some extent, this document is shutting the door after the horse has bolted, in expectation of the next “door”.

The guide mentions the following sources but it could be asked what is gained by contextualising these Australian documents? Why not just direct companies to the raw documents?

Australian Health Management Plan for Pandemic Influenza 2008 , Australian Department of Health and Ageing.
National Action Plan for Human Influenza Pandemic, Department of the Prime Minister and Cabinet.
Business Continuity Guide for Australian Business, Department of Innovation, Industry, Science and Research.

pandemicinal-7091883e-236bready1 The trap for producing localised guides is that recommendations may be made that are out-of-place, difficult to implement and, ultimately, question the credibility of the document. WorkSafe fell for this trap by specifying some recommendations for the legitimate control measure of “social distancing”.

In its employers guide it makes the following recommendations:

“A primary transmission control measure is social distancing, that is reducing and restricting physical contact and proximity. Encourage social distancing through measures such as:

allowing only identified, essential employees to attend the workplace

utilising alternative work options including work from home

prohibiting handshaking, kissing and other physical contact in the workplace

maintaining a minimum distance of one metre between employees in the workplace (person-to-person droplet transmission is very unlikely beyond this distance)

discontinuing meetings and all social gatherings at work including informal spontaneous congregations

closing service counters or installing perspex infection control barriers

using telephone and video conferencing.”

nap-cover1 The guide does recommend social distancing as part of a risk management process but “prohibiting handshaking, kissing and other physical contact in the workplace”? “Discontinuing … informal spontaneous congregations”?

How is a business expected to police these sorts of measures? Have someone walking the workplace reminding workers of the new “no touchy” policy?

The Australian Health Management Plan for Pandemic Influenza talks repeatedly about social distancing in workplaces, the community and families but never goes to the extent WorkSafe has.

The National Action Plan for Human Influenza Pandemic (NAP) defines social distancing as:

“A community level intervention to reduce normal physical and social population mixing in order to slow the spread of a pandemic throughout society. Social distancing measures include school closures, workplace measures, cancellation of mass gatherings, changing public transport arrangements and movement restrictions.”

NAP does not mention kissing, nor does the Business Continuity Guide For Australian Businesses .

WorkSafe WA has not issued anything specific on pandemic influenza, nor has SafeWorkSA, WorkCover NSW defers to NSW Health (which has a lot of information and a reassuring video from the health officer), and Queensland’s OHS regulator defers to its State health department.

Social distancing is an appropriate hazard control measure amongst other measures in an influenza risk management plan but the current WorkSafe Victoria guidance seems to be an unnecessary duplication, and on the matter of kissing, silly. Why, oh why did WorkSafe Victoria think it necessary to publish anything?

Kevin Jones

Workplace safety can be funny

This week workplace safety on a building site received a much needed dose of humour. The Australian show “ThankGod, You’re Here” had a comedian enter a pretend building site and have to face questions from an OHS inspector as if he was the owner of the site.

The sketch has added impact because of its timing. It is hard to imagine this occurring ten years ago in a society and industry where OHS compliance was less valued, when hardhats were considered optional and when brightly-coloured vests looked stupid. That the sketch is funny is a measure of how OHS regulation and enforcement has matured and just how successful the OHS regulators have been in changing the society’s attitudes to workplace safety in Australia.

Also, it shows something more illustrative of comedy, more true. In the sketch there are some wonderful stunts done by a small earthmover. Only last year there was outrage, and fines, over some forklift stunts done for real by a young driver in Melbourne. The environment makes the difference between laughter and outrage.

The success of the TV show’s concept is also indicated by the issue of the 12-year-old welder on the building site. The comedian, Merrick Watts, removes the issue of age by insisting the young boy is actually in his fifties and just looks younger.

WorkSafe Victoria, whose logo is worn by the pretend inspectors in the sketch, have said that they did not pay for brand placement and that the show did not belittle the work they do. In fact the show “actually showed that we have a job to do and that there are good reasons for it.”

Kevin Jones

Migrant worker safety

Recently one of the Australian boutique labour law firms ran a seminar on employment issues related to migrant workers. Australia has a history of using workers from the Pacific Islands, principally, in agriculture. Chinese have been working in Australia since the goldfields of the 1800s. New Zealanders are so frequent that the countries almost share an economy in some ways. Some labour is imported, other labour is invited or sought.

The global economic problems has exacerbated the difficulties many countries face with legal and illegal migrant workers. Australia is not immune. There may be less and less water in the country, certainly in the south, but it is still considered a land of opportunity by neighbours.

Workplace safety issues are perhaps the easiest to deal with in this labour sector as the employment status is not relevant to the obligation to provide a safe and healthy work environment.

The safety training, instruction and supervision matters are similarly unaffected by employment status. However it has always been a difficult part of an OHS manager and HR manager’s job to make sure that workers understand their obligations and duties. In Victoria, one of the first OHS Codes of Practice in the 1980s concerned providing OHS information in languages other than English. It was probably the most ignored Code of Practice of all.

Recently, WorkSafe Victoria has issued Compliance Codes. Following the recommendations and techniques in these codes implies compliance and can be wonderful for the small business sector. One of the new codes is on communicating in languages other than English This is a great start but there needs a much greater effort, almost a movement, for Australia to avoid the problems facing countries like England.

In late-March 2009, the UK law firm Irwin Mitchell reported the following statistics

The report [by the Centre for Corporate Accountability], which makes the figures public for the first time and was compiled following Freedom of Information requests to the Health and Safety Executive, shows that a dozen migrant workers died in the construction industry in the year 2007/08 – at least double the figure expected and a six-fold increase in the number who died just five years earlier.

The 12 deaths comprised 17% of the total number of fatalities in the sector last year – more than double the HSE’s estimate of migrants making up around 8% of the total construction sector workforce.

Migrant deaths in other sectors is also on the increase, with the number of fatalities of non-UK workers up from nine in 2005/6 to 18 in 2007/8 and the proportion also doubling from 4.1% to 7.9% in the same period, against figures showing that 5.4% of the total workforce comprises migrants.

No official information is currently available on the level of injuries to migrant workers, as the HSE does not record nationality in injury cases, though estimates put the figure as high as 11% – again, double the expected level.

Many workplaces have already dealt with safety issues with migrant labour. Crews in rail maintenance, for instance, are often on ethical lines so that colleagues educate each other. Often workplaces call on an established worker from a specific ethnic area to take the lead in supervising others and passing on OHS information. These adhoc processes still need to be verified as effective but have worked in many workplaces for decades.

A recent rumour posted to the Australian website Crikey.com illustrates the type of attitude to migrant workers and the mixing of concerns about safety and industrial issues.

A Chinese owned mining project is advertising for a Bilingual (English Mandarin) Registered Nurse on their website [since removed]. The role is stated to be designed for liaison with Chinese workers and is required to have industrial safety knowledge, reporting directly to a company director? How many Chinese workers is this project bringing into Australia given the recent restrictions on 457s [migrant work visas], what about the requirement for foreign workers to have some competency in English, anecdotal evidence that building and construction labour rates are already decreasing and how would the unions view this approach to health and safety of foreign workers?

One OHS expert at the law firm’s seminar accepted that the language requirements were woefully inadequate and not suited for the workplace situation. It would be refreshing to see an OHS professional association begin lobbying the government on improving the language criteria for visa eligibility.

The unions would be equally concerned about the safety of any workers onsite, hopefully regardless of the workers’ union membership status.

Australia is in a lucky situation where many workplaces could continue to operate without migrant labour but the world and its economy is changing, and Australia will be dragged into the real world of the modern international workforce. It is lucky because it has the opportunity to prepare. It is such a shame that the preparation remains so thin.

Kevin Jones

Farmers creating dis-harmony in OHS legislation

Australia is undergoing a process of national harmonisation on workplace safety legislation. The government has played down the chances of State jurisdictions creating exemptions to, or variations of, OHS law. The message was that we are all “singing from the same song sheet”.

Even before model OHS legislation has been approved, the New South Wales Farmer’s Federation has wangled an exemption from the driver fatigue legislation in that state.

According to the President of the NSW Farmer’s Federation, Jock Laurie, the fatigue law was not about reducing or removing fatigue from the transport industry, it was about

“bureaucrats finding other ways to make life difficult for people”.

He is willing to even go on the record with the statement – Jock Laurie

As farmer and outspoken conservative Senator Bill Heffernan, said in Parliament on 22 September 2008, the legislation

“is designed to make driving safer and the work conditions better for drivers in Australia, and to harmonise the laws across the states.”

Yet he goes on to support the call for an exemption which results in weakening the harmonisation process.

It seems that farmers who drive trucks long-distances over many hours, particularly during harvest-time, do not have any relationship to the transport industry. The situation will now be that a petrol tanker driver on a country highway can operate under one set of national OHS and transport rules and a farmer delivering grain to a port operates with an exemption – all because maintainign a log book is unnecessary red tape!

This threat to the harmonisation process should have been jumped on by the Federal government.

However, it has to be said, that inadequate transport infrastructure investment has lead to the closure of country rail lines and increased the need for farmers to transport produce by road, thereby increasing the road risk to rural communities. Perhaps the farmers’ lobby groups realise they can’t change the big picture so are aiming for little targets.

Kevin Jones

WorkSafe Victoria’s plans for the future

At the Safety In Action Conference in Melbourne last week the CEO Of WorkSafe Victoria, John Merritt, told the delegates that over the coming weeks and months we will see the following:

The “Homecomings” series of workplace safety ads have been purchased by Washington State and will be broadcast shortly. Merritt expects the campaign to spread across the United States and, maybe, into Canada;
WorkSafe has developed fake vending machines for use at exhibitions and trade displays which display replacement body parts, fingers as USB sticks (pictured below);
WorkSafe will be introducing an advisory support scheme for the medium-sized businesses, modelled on the Small Business scheme;
A team of advisers is targeting poor-performing large employers. Merritt said that “50 large employers account for 11% of all injuries WorkSafe sees”;
A major street art campaign will be launched by the end of April 2009
A new series of ads to be run on regional and rural television based on local sporting legends as part of the country football and netball sponsorship;
The graphic young worker advertisements will be re-run at appropriate times. Merritt acknowledged that the ads have generated many complaints but are transmitting the right message to the target audience.

WorkSafe will also maintain their focus on the “jugglers” those business people or administrative staff that are essential to each organisation because they are in charge of dozens of business processes. WorkSafe surveys of the jugglers have shown that less than 10% of their time is spent on OHS matters, around 30% of them are trained in their tasks and most operate without support.

Kevin Jones

Global pressures on Australian workers compensation schemes

Around 18 months ago the Victoria Government launched WorkHealth, a health prevention program that would be funded from the interest generated from the pool of workers compensation funds. SafetyAtWorkBlog has previously questioned how the program will be funded when its income source is likely to have been severely reduced due to the global economic problems.

On 1 April 2009 WorkCover in South Australia reported a half-year net loss of $313 million. WorkCover CEO Julia Davison said in a media release that

“the global crisis is, as expected, taking its toll. In the last six months stock markets have declined, investors have experienced significant losses, and interest rates have fallen significantly,” she said “Like all investors, WorkCover has been hit hard by the global financial downturn.”

Earlier in March 2009, the Chair of the WorkSafe Board Elana Rubin said

“the significant downturn on the world financial markets and reduction in interest rates had combined to drive a net loss of $1.42 billion for the half year. Whilst interest rate reductions are good news for those of us with mortgages, they have the opposite effect on our scheme – in the half year to 31 December 2008, the unprecedented level of interest rate cuts negatively impacted our net result by $645 million.”

On 1 April 2009 SafetyAtWorkBlog asked John Merritt why WorkHealth was not mentioned as part of his keynote presentation at the Safety In Action Conference. He reiterated the importance of the program in easing the recovery time, particularly, for manual handling injuries but acknowledged that the program’s funding source was based on interest

“from the [$600 million of the assets of the] workers compensation scheme over the next five years ….well there used to be interest from assets – there should be one day, there will be again – around $40 million each year for the next five years will be invested in worker health.”

It is good to hear that the WorkHealth program is going to continue but the fragility of the program’s funding should have been evident in the planning phase. Governments around the world are pulling back on government funded programs in a wide range of areas. Ideas that seem good in the good times are now looking like luxuries. It will be interesting to see if WorkHealth continues in the WorkCover area or moves to Health, where many of its critics have always said it belongs.

Kevin Jones

BHP Billiton deaths – government intervention

The West Australian government has taken the extraordinary step of talking directly to the senior management of Australian mining corporation BHP Billiton about the recent spate of fatalities at BHP’s worksites. The cynic would say that we now know the number of workplace fatalities that it takes to gain a Minister’s attention however, the fact that this high-level meeting is occurring is a clear indication of the severity of the issue. It may also indicate just how effective a union safety campaign can be. It is just regrettable the campaign is generated from multiple fatalities rather than preventive issues.

According to the Minister, Nick Moore

“Mines inspectors will now issue prohibition notices to BHP under the Mines Safety and Inspection Act 1994 – basically a stop work notice – for any breach of work practices or work place conditions that may constitute a hazard to workers.”

Mr Moore went on to say, according to one media article, “…the policy would remain in force until he had seen the report of a Section 45 review currently under way into safety management systems at all of BHP Billiton’s Pilbara iron ore mine sites.”

The article noted that

“The review, requiring independent engineering studies of BHP worksites to be carried out, is expected to be completed by April 30.”

BHP, meanwhile, has given guarantees of the following safety improvements:

Reduce site access;
Improve contractor management;
Enhance existing strategies to prevent excess working hours;
Move rail operations from the Mine Safety and Inspection Act to the Rail Safety Act;
Enhance traffic management standards, and;
Suspend all non-essential work outside daylight hours

Kevin Jones

Category: WorkSafe

Influenza – dilemma for OHS regulators

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Workplace safety can be funny

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Migrant worker safety

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Farmers creating dis-harmony in OHS legislation

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WorkSafe Victoria’s plans for the future

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Global pressures on Australian workers compensation schemes

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BHP Billiton deaths – government intervention

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