Drug and alcohol testing amendments may weaken safety

Last week the former Workplace Relations Minister, Eric Abetz, informed Australians that amendments had been introduced into the Building Code 2013 concerning drugs and alcohol testing.  However an analysis of those amendments shows that the amendments may not achieve what Abetz promised.

Siobhan Flores-Walsh, a Partner with the Australian law firm, Corrs Chambers Westgarth, has provided the following table that summarises a couple of those amendments. Continue reading “Drug and alcohol testing amendments may weaken safety”

OHS is in sports but by another name

After writing a recent article about the relevance of occupational health and safety (OHS) laws to sporting clubs, I attended a sports medicine seminar to access a different perspective on workplace safety.

2015-09-21 18.43.15Having never played sports outside the obligatory high school activities, which in my high school also included snooker?!, the world of locker rooms and team sports is foreign.  But earlier this week I learnt that where OHS professionals talk about productivity, sportspeople speak of performance, and where factories address line speed, sports physicians talk of load management.  I also learnt that professional sportspeople are exempt from workers’ compensation.

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Hierarchy of Control podcast

It always surprises me when clients and colleagues ignore the Hierarchy of Controls when deciding what control measures to introduce.  Recently Oregon’s OSHA released a podcast about the Hierarchy of Controls which shares some of my concerns.

It was concerning that the podcast stated that some hierarchies place Administrative Controls on the same level as Engineering Controls and that some consider fall protection devices as Engineering Controls due the engineering of the anchor point (a dubious engineering control as this blog has discussed previously).

Below are several quotes from the 4 minute podcast Michael Wood of Oregon OSHA.

“A control that fully eliminates the hazard is always preferred to one that does not.”

“The hierarchy improves the control’s reliability.”

“The hierarchy of control recognises that perfection in human performance can not be attained.”

This short podcast is a good quick reminder to occupational health and safety professionals but could also be discussion catalyst on basic hazard management.

Kevin Jones

Professional sportspeople are workers, so make them safe

Player Reaches To Catch Ball In Australian Rules Football GameThere is no doubt that football fields are the workplaces of professional football players and their support staff. So they are covered by occupational health and safety (OHS) and/or work health and safety (WHS) laws but what does this mean in relation to OHS regulators, and the sportspeople’s employers? Recently Eric Windholz looked at this particular issue.

Windholz recently published “Professional Sport, Work Health and Safety Law and Reluctant Regulators” in which he states:

“The application of WHS law to professional sport is almost absent from practitioner and academic discourse. An examination of the websites of Australia’s WHS and sport regulators reveals none contains WHS guidance directed to professional sports.” (page 1, references are included in the paper)

The example he uses to show this apparent lack of interest, even by the Victorian OHS regulator, WorkSafe Victoria, is the Essendon Football Club supplements saga.  Windholz writes

“Had these events occurred in the construction, manufacturing or transport industry, for example, it is difficult to imagine WHS regulators not intervening. Yet, WorkSafe Victoria initially was reluctant to investigate choosing to defer to ‘more appropriate bodies’. It only commenced an investigation when compelled by a request from a member of the public.” (page 2)

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A moderate entry in the IR/OHS conflict

innes_willox_hi_resDuring last week’s conference session on occupational health and safety and industrial relations, Innes Willox of the Australian Industry Group also spoke but was not included in the previous SafetyAtWorkBlog article.  However, his speech notes for that session have just been released and deserve consideration. Continue reading “A moderate entry in the IR/OHS conflict”

Drug and alcohol testing for Australian construction sites

On 18 September 2015 Senator Eric Abetz introduced amendments to the Building Code so that drug and alcohol testing will be required on construction sites.  In his media release he states that:

“The construction industry is a high risk industry where the risks associated with the use of heavy machinery, mobile equipment, working in congested areas and working from heights, are accentuated by the effects of alcohol and drug use.”

Following this argument, would not greater safety benefit be gained by addressing the risks posed by machinery, working at heights and in congested areas?  Drug and alcohol testing will do little to reduce these risks, or more correctly, hazards.  Being impaired may make it more likely for a worker to fall while working at heights but creative and safe design could eliminate the risk of working at heights altogether. Continue reading “Drug and alcohol testing for Australian construction sites”