OHS reviews need to leap forward to relevance

Several times recently people have suggested that common sense is an adequate control measure for some workplace hazards.  The United Kingdom’s politicians have been talking about common sense and OHS for several months but perhaps we can apply the broad concept of commonality, implicit in the UK’s advocacy of “common sense”, to OHS information so that people and businesses feel empowered to educate themselves on how to work safety and without risks to health.

Australia’s (seemingly) derailed review of OHS legislation is based on removing red tape but a major focus of OHS reviews in England is

“…putting common sense back at the heart of Britain’s health and safety system…”

Even though reducing bureaucracy is part of the UK review, common sense is certainly the political mantra being applied to the review, being under taken by Professor Ragnar E Löfstedt for the Department of Work and Pensions, as seen by a recent speech by Prime Minister David Cameron to the Conservative Party conference, when discussing the empowerment of local councils:

“…one of the biggest things holding people back is the shadow of health and safety.  I was told recently about a school that wanted to buy a set of highlighter pens. But with the pens came a warning.  Not so fast – make sure you comply with the Control of Substances Hazardous to Health Regulations 2002.  Including plenty of fresh air and hand and eye protection.  Try highlighting in all that.”

According to an audio interview with one of the members of the Löfstedt review, Andrew Bridgen MP, the report is due to go to the Minister, Chris Grayling, at the end of October 2011.

In the interview, Bridgen states that people:

“…use health and safety as an excuse not to do things they don’t want to do.”

But the UK is struggling with what to do in response.  There has been a strong campaign by the OHS regulator, Health and Safety Executive, to tackle the “elf ‘n’ safety” myths but this will take a long concerted effort and is likely never to succeed completely.  Many in the media like reporting about seemingly silly local government and regulatory decisions.  This helps depict government as the “fun vampires“.

However the current situation in England, and its echoes in Australia, illustrates the importance of planning for the long term.   Continue reading “OHS reviews need to leap forward to relevance”

Quad bike safety is showing a political shift

A young boy has died in a quad bike incident on an Australian farm last weekend.  What the boy was doing at the time of the incident is unclear and whether the quad bike was a work vehicle or recreational is also unclear, but the current sensitivities of the issue of quad bike safety have raised media attention once more.

In this week’s edition of The Weekly Times, the motorcycle manager of the Federal Chamber of Automotive Industries, Rhys Griffiths, seems uncertain of the type of safety measures being considered for quad bikes by manufacturers.  He is reported as saying

“…. research and development spending and direction was a “closely guarded secret of each manufacturer”.

“My guess is they may be spending money on things like active suspension, which helps the stability of the ATV. But a roll bar or crush bar is probably not under development.”

Since quad bike safety advocates began producing robust research to add to the existing safety evidence, the FCAI seems to have been on the back foot a little by reacting instead of proposing change.   Continue reading “Quad bike safety is showing a political shift”

TV report into SafeWorkSA’s performance

On 20 May 2010, the Australian Broadcasting Corporation televised a story on the South Australian 7.30 program about the supposedly poor investigative performance of SafeWorkSA.  The article was framed by a mother’s grief, the grief of Andrea Madeley over the loss of her son, Daniel.

The story was some weeks coming as the story’s production began around the time the ABC were filming at the Workers’ Memorial service in Adelaide a month ago.  The story promised to be a hard-hitting criticism of the State’s OHS regulator but the latest Industrial Relations Minister, Patrick Conlon, handled himself well and what could have provided a provocative national context to the story, the harmonisation of OHS laws, dampened the impact.

Both Yossi Berger and I have written about the findings of Coroner Mark Johns on this blog.  Yossi agrees that OHS regulators are almost all too slow to implement control measures to prevent recurrences of injuries and death,  I thought the Coroner was poorly informed.

The lasting image of the 7.30 storywas the young boy talking at Adelaide’s memorial about his loss of a relative – the way he kept talking while he sobbed and cried.

All OHS regulators must improve their game in empowering employers and workers to prevent injury and death.  Coronial criticisms are unlikely to affect changes in safety management by themselves.  Crying boys are also unlikely to affect lasting change, but it is almost a certainty that the harmonisation of OHS laws will change very little.

Kevin Jones

Forklift incidents continue

One of the the most hazardous pieces of equipment in modern workplaces is the forklift.  Sadly it is also one of the most useful.  A recent prosecution in Western Australia provides an example of many of the serious risks in using forklifts:

  • untrained or undertrained drivers
  • unsafe decisions by employers
  • the safety role of seatbelts
  • labour hire management and staff supervision
  • driving with forks elevated
  • training certification.

Other related issues are the employment of

  • transient labour, and
  • young workers.

According to a WorkSafe WA media release, the basic facts of the incident are

Flexi Staff supplied two casual labourers to the Beds Plus warehouse in Kewdale in February, 2008. The two men were British citizens on a working holiday in Australia. [links added]

It was not part of their labouring job to operate forklifts, and neither had any experience or qualifications or High Risk Work licences. Continue reading “Forklift incidents continue”

Farm deaths require radical approach

WorkSafe Victoria has reported  that of seven recent work-related fatalities, three have occurred in regional areas on farms.  The most recent death was misreported as involving a quad bike.

In a media release issued on 10 May 2011, WorkSafe’s Ian Forsythe said,

“Safety’s not just about what WorkSafe does. It’s about employers, workers and the wider community taking ownership of it not just for themselves, but the wider community.

It is imperative that regional Victorians, whether they are employers, self-employed or workers to stop and think about what is ultimately important to them and what they can do to prevent more tragedies affecting them and their communities.”

Over the last 20 years WorkSafe has tried a wide variety of safety campaigns in rural farming communities.  Some have Continue reading “Farm deaths require radical approach”

Australian lawyers comment on Brodie’s Law

Clayton Utz lawyers have looked at Victoria’s new bullying-related law changes for their relevance to workplace safety management and have found the following.

Is this an issue for employers?

Yes and no.

Theoretically, even before these proposed amendments, certain types of workplace bullying already fell within the definition of stalking.  In one sense, therefore, this doesn’t change the situation much – employers already had the potential problem of, for example, dealing with keeping apart at work a victim and stalker subject to an intervention order.

In another sense, this is clearly an important change.  More types of workplace bullying are now criminalised, and public awareness of bullying issues will certainly have been increased by the publicity surrounding this Bill.  We can therefore expect a rise in complaints and the number of victims coming forward, and not just in Victoria, as other States and Territories have stalking laws that could cover at least some types of workplace bullying.”

Clearly the awareness of bullying in the workplace is already high but these laws are likely to make the management of this issue more complex and and challenging. Continue reading “Australian lawyers comment on Brodie’s Law”

Brodie Panlock – the catalyst for new bullying/stalking laws

Brodie’s Law” is gaining considerable attention in the Victorian newspapers in anticipation of the introduction of the Crimes Amendment (Bullying) Bill 2011 in Parliament but it may be unreasonable to label these changes “Brodie’s Law” as, although Brodie Panlock’s suicide and the related court actions were the catalyst for the Bill, the proposed Bill is much broader than workplace bullying and, in many ways, focuses more on stalking than bullying, if there can be a differentiation.

The draft bill will broaden the existing offence of stalking in the Crimes Act to capture types of bullying behaviour and are likely to expand the types of  environments in which such bullying can occur. Continue reading “Brodie Panlock – the catalyst for new bullying/stalking laws”

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