Australia’s Construction Code and the Home Insulation Royal Commission

On 17 April 2014, Senator Eric Abetz, Australia’s Workplace Relations Minister, released the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 and supporting guidelines.  This Code is, fundamentally, an industrial relations Code however there is an occupational health and safety (OHS) element that needs to be noted, particularly when considered against the background of the Royal Commission into the Home Insulation Program.

Section 6.2.1 of the Code’s Guidelines says:

“Improving the industry’s WHS&R [Work Health Safety and Rehabilitation] performance requires positive measures that aim for prevention rather than correcting things when they go wrong. This initiative is directed at making WHS&R management an integral part of the organisational culture of companies and enterprises.”

The aims of this section are laudable – “positive” actions, “integrated, pre-emptive instead of reactive – but there are also hints that role of safety in this Code has not been fully thought out.

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OHS can be a force for social change, if anyone could be bothered

HesaMag should be obligatory reading for all OHS professionals, not just those in Europe. The editorial in the most recent edition (9 and not yet on line) is a great example of the value of this free magazine. It critically discusses the upcoming International Workers’ Memorial Day and its significance.

It asks for everyone to enact the commitment shown on each April 28 to every other day of the year. It says:

“Let’s not be taken in by the false sentiment on 28 April, but demand a clear and detailed accounting”

It asks why EU OHS legislation has been so slow to appear or be revised but equally, in Australia, questions should be asked about the status (failure in my opinion) of WHS harmonisaton, the lack of attention to the causes of workplace mental illness, the status of workplace bullying claims in the Fair Work Commission, the lack of attention to heavy vehicle OHS matters by the safety profession and the insidious encroachment of the perception of OHS as a failure of the individual rather than a failure in the system of work. Continue reading “OHS can be a force for social change, if anyone could be bothered”

Anchor points could meet the Australian Standard but still be unsafe

Twice in early April 2014, 7.30, a current affairs program of the Australian Broadcasting Corporation, ran two lead stories about occupational health and safety – home insulation-related fatalities and the risks of working at heights.  The latter of these provided only a glimpse of a complex OHS issue and only touched on the matter of the self-certification of anchor points where compliance does not necessarily equate to safety. This issue has been taken up by the Working at Heights Association (WAHA) on 11 April 2014. In a media release WAHA stated:

“In the wake of last night’s ABC 7.30 Report on falls from height, the Working At Heights Association has a warning: “If you’re counting on a harness attached to an anchor system to save your life when you fall from a roof, you need to know that many roof anchors don’t meet the most basic safety standards.”

WAHA has conducted some “drop tests” of common anchor points that are currently in use in Australia and that meet the relevant Australian Standard AS/NZS5532 – Manufacturing requirements for single-point anchor device used for harness-based work at height. They found that

“In the tests, 100kg loads dropped through 2 metres tear single-person anchors away from their mounts, while 150kg loads for two-person-use hit the ground, smashing the weights. Only one out of the five anchors tested pass.”

This is a matter of enormous concern as anchor points are an essential element of fall protection.  A lot of attention has been given to fall protection harnesses over the years with some new product types but all of these rely on the integrity of a firmly secured anchor point that can withstand the high forces involved in stopping someone falling to their deaths. Continue reading “Anchor points could meet the Australian Standard but still be unsafe”

Disseminating OHS information should not be optional

Cover of VWA publishing_prosecution_outcomes 2005WorkSafe Victoria has been reviewing a series of enforcement and prosecution policies for some time.  One of these policies set for re-issue relates specifically to the publication of prosecutorial information through its website and media releases and, although the “new” policy is not yet available, it may be worth remembering the previous policy, last revised in 2005.

Media Releases

WorkSafe Victoria’s “Supplementary Enforcement and Prosecution Policy on Publishing Prosecution Outcomes and Other Enforcement Information and Data” (no longer available on-line) says  that

“WorkSafe will release media statements and authorised representatives will grant media interviews, as appropriate, to the print, electronic, and/or broadcast media.” (original emphasis)

The reason behind this mode of dissemination, and others, is outlined elsewhere in the policy:

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The CFMEU should make a case for union OHS representatives

In late March 2014, the Construction Forestry Mining and Energy Union (CFMEU) was fined $A1.25 million over a violent dispute at the Emporium construction site that occurred in 2012.  In its media release about the fine, the CFMEU’s state secretary, John Setka, says:

“The protest at the Myer site in 2012 was about safety.”

Yes and no.  The dispute was about the representation of workers on safety matters, which is a different thing.  Setka goes on: Continue reading “The CFMEU should make a case for union OHS representatives”

CEO survey shows odd attitude to OHS

Cover of AiGroup CEO Survey 2014One has to be very careful with surveys, particularly those involving business confidence or surveys of an organisation’s membership base.  These are often surveys of perception which may not correlate with reality and can be used as an excuse to lobby government or set an agenda rather than determining a societal truth.  A recent example of this type of survey seems to have been produced by the Australian Industry Group entitled “Burden of Government Regulation“.  The AIGroup’s media release accompanying the report states that

“Over 83% of employers surveyed listed regulation related to industrial relations and occupational health and safety as a significant regulatory burden in 2014.”

Continue reading “CEO survey shows odd attitude to OHS”