Eliminating hazards

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In the aims of most of the Australian OHS legislation is 

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

I have written elsewhere on how this conflicts with the push for “reasonably practicable” but the need to remember this important aim was emphasised by a study undertaken by the Graduate School of Public Health and the School of Medicine at the University of Pittsburgh and published in the January 2009 issue of “Neuropsychology”, which is published by the American Psychological Association.

The researchers followed up on the 1982 Lead Occupational Study, which assessed the cognitive abilities of 288 lead-exposed and 181 non-exposed male workers in eastern Pennsylvania.  It measured “five primary cognitive domains: psychomotor speed, spatial function, executive function, general intelligence, and learning and memory.”

According to the media statement, in the 2004 follow up study,

“Among the lead-exposed workers, men with higher cumulative lead had significantly lower cognitive scores. The clearest inverse relationships – when one went up, the other went down – emerged between cumulative lead and spatial ability, learning and memory, and overall cognitive score.

This linkage was more significant in the older lead-exposed men, of at least age 55. Their cognitive scores were significantly different from those of younger lead-exposed men even when the researchers controlled for current blood levels of lead. In other words, even when men no longer worked at the battery plants, their earlier prolonged exposure was enough to matter…”

“The men who built lead batteries were exposed to it in the air and through their skin. Other occupations, including semiconductor fabrication, ceramics, welding and soldering, and some construction work, also may expose workers. The authors wrote that, “Increased prevention measures in work environments will be necessary to reduce [lead exposure] to zero and decrease risk of cognitive decline.””

Lead has been identified as a major occupational hazard for a very long time and is a good example of how “reasonably practicable” is not always a reasonable solution.  Lead paint products have been banned in many countries.  Asbestos similarly so.  The attitude that there are “safe” levels of exposure to some industrial products is not worth pursuing in most circumstances.

Safety is similar to medicine in that both aim to “do no harm”.  If Hippocrates, or Galen, were alive today they would not say

“do no harm, as far as is reasonable practicable”.

That is not a belief that will establish a centuries-old profession and it should not be blindly accepted by the safety profession in the 21st century.

Kevin Jones

Workplace health initiatives in unstable economic times

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All through the Presidency of George W Bush, safety professionals have been critical of the lack of action on workplace safety.  As with many issues related to a new Democrat President in Barack Obama, organisations are beginning to publish their wishlists.  The latest is the American College of Occupational and Environmental Medicine (ACOEM).

On 9 January 2009, ACOEM released a media statement which began

“American College of Occupational and Environmental Medicine (ACOEM) calls on the Health and Human Services Secretary-designee Tom Daschle to address the critical link between the health, safety, and productivity of America’s workers and the long-term stability of its health care system and economy as he begins work on the Obama administration’s health care agenda.”

The requested changes could be interpreted as a criticism of what the situation has been under George W Bush.  ACOEM says the next government

“must put a greater emphasis on ensuring the health of the workforce in order to meet the twin challenges of an aging population and the rise of chronic disease…”

ACOEM President Robert R. Orford, MD goes into specifics

“…calling on Daschle to focus on preventive health measures aimed at workers that could range from screening and early detection programs to health education, nutritional support, and immunizations.”

The ACOEM reform program is based on the following

  • “investing in preventive health programs for workers;
  • creating new linkages between the workplace, homes and communities to reinforce good health;
  • providing financial incentives to promote preventive health behaviors among workers; and
  • taking steps to ensure that more health professionals are trained in preventive health strategies that can be applied in the workplace.”

Accepting that one Australian State, Victoria, is considerably smaller than the US (Victoria  has a population of around 5,200,000, the US had 301,621,157 in 2007), it is interesting to remember what the Victorian Government proposed (or promised) just on 12 months ago concerning its WorkHealth initiative.

“Over time the program is expected to free up $60 million per year in health costs, as well as:

  • Cut the proportion of workers at risk of developing chronic disease by 10 per cent;
  • Cut workplace injuries and disease by 5 per cent, putting downward pressure on premiums;
  •  Cut absenteeism by 10 per cent; and
  •  Boost productivity by $44 million a year.”

[It would be of little real benefit to simply multiple the Victorian commitments by the differential with the US population to compare monetary commitments, as there are too many variable but if the WorkHealth productivity was imposed on the US, there could be a $2.6 billion, not a lot considering the size of President Bush’s bailouts and Barack Obama’s mooted bailout package.  However, in the current economic climate, in order to gain serious attention, any proposal should have costs estimated up front and, ideally, show how the initiative will have minimal impact on government tax revenues – an approach that would require.]

In each circumstance there is the logic that unhealthy people are less productive than healthy people.  This sounds right but it depends very much on the type of work tasks being undertaken.  It is an accepted fact [red flag for contrary comments. ED] that modern workloads are considerably more supported by technology than in previous labour-intensive decades.  Perhaps there are better productivity gains through (further) increased automation than trying to reverse entrenched cultural activity.

In late 2008 an OHS expert said to a group of Australian safety professionals in late-2008 that WorkHealth

“is not well-supported by the stakeholders.  The trade unions feel it is a diversion away from regulated compliance and that it is going to refocus the agenda on the health of the worker and the fitness of the worker as the primary agenda, which is not what the [OHS] Act is setup to focus on. The employers are basically unkeen to get involved on issues they think are outside their control.”

The expert supported the position of some in the trade union movement that WorkHealth was always a political enthusiasm, some may say folly.

This is going to be of great importance in Australia with the possibility of new OHS legislation to apply nationally but also muddies the strategic planning of any new government that needs to show that it is an active and effective agent of change, as Obama is starting to do.  In the US, the public health system is not a paragon and the workplace safety regulatory system is variable, to be polite.  Fixing the public health system would seem to have the greater social benefit in the long term, and a general productivity benefit.

(It has to be admitted that the packaging of health care in employment contracts in the US is attractive employment benefit and one that seems to be vital to those who have it.  Australia does not have that workplace entitlement but those employers struggling to become employers-of-choice should serious consider it, particularly as a work/family benefit.)

Each country is trying to reduce the social security cost burden on government and it would seem that public health initiatives would have the broader application as it covers the whole population and not just employees, or just those employees who are unfit.

Work health proposals in both jurisdictions need to re-examine their focuses and to pitch to their strengths.  Business has enough to worry about trying to claw its way out of recession (even if the US government is throwing buckets of money to reduce the incline from the pit).  OHS professionals have enough work trying to cope with the traditional hazards and recent, more-challenging, psychosocial hazards.  Workplace health advocates are muddying the funding pool, confusing government strategic policy aims, and blending competing or complementary approaches to individual health and safety in the public’s mind.  

 Kevin Jones

Update 16 January 2009

More information on this issue is available HERE

Those at risk of exposure to asbestos

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Over this last weekend, asbestos-safety advocates, ADSVIC, took advantage of the topicality of the navy’s poor management of asbestos by including half-page ads in major Australian newspapers.  The ads focused on the risks associated with DIY home renovators but law firm, Slater & Gordon, related their asbestos information sheet directly to the media attention about the Australian Navy.

Slater & Gordon, a former employer of Australia’s industrial relations and education minister, Julia Gillard, have always been active in seeking new clients and have participated in many class actions based on workplace safety issues, particularly the James Hardie Industries legal action of earlier this century which was important for many reasons, including the furthering of political careers.

Slater & Gordon’s information sheet includes a list of those people who it believes are at risk of asbestos-related diseases.  It doesn’t much leave room for anyone to feel safe from this risk.

  • Miners
  • Asbestos plant workers
  • Handlers and waterside workers
  • Asbestos factory workers
  • Carpenters, plumbers, electricians and builders
  • Wives and children of workers
  • Office workers
  • Mechanics/brake workers
  • Power plant workers/refinery workers
  • Teachers and students
  • Hospital workers
  • Telstra workers
  • People at home

Kevin Jones

Analysis of First Report of the National Model OHS Law Review

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As more Australian OHS professional return to work after their Summer break, it will take several days to get through emails.  Some of those emails are likely to include a mention of Australia’s review panel reports of model OHS law.  The First Report has been out for over a month and the final report is due at the end of this month. 

Other than a couple of statements by labour lawyers, the analysis has been relatively quiet, which makes the analysis by Professor Richard Johnstone a good way to remind us of the issues raised and the timetables for the review process.

In December 2008 The National Research Centre for OHS Regulation of the Australian National University released a Working Paper by Professor Johnstone entitled  “Harmonising Occupational Health and Safety Regulation in Australia: the First Report of the National OHS Review”.  Johnstone identified several important changes suggested by the review panel

“…..These two recommendations are operationalised by arguably the most important proposals in the First Report. These are the recommendations that the model Act impose a “primary” general duty upon a “person conducting a business or an undertaking” and owed to “workers” broadly defined and “others”; and that beneath this primary duty sits a series of specific classes of duty holders with more detailed duties which “flesh out” the primary duty of care, without excluding or limiting the primary duty. ” (page 17)

This concept has originated from Queensland and New South Wales but expanded by the panel and sets up a structure that underpins other elements, such as the duties of “corporate officers”.

In discussing the duties of officers, Professor Johnstone writes

“I urge the Panel to ensure that the definition of “corporate officers” is broad enough to include “shadow directors”, so that responsibility for contraventions by corporations of the general duties in the model Act can be sheeted home to entities such as holding companies and franchisors.” (page 32)

It has to be remembered that the review panel is focusing on law and not necessarily the practical safety management that operates from the legal obligations and is structured on compliance.

In terms of prosecutions Professor Johnstone identifies the following as one of the most important elements of the panel’s First Report

“There should be three categories of offences for each type of duty of care

a)      Category 1 for the most serious breaches, where there was a high level of risk of serious harm and the duty holder was reckless or grossly negligent;

b)      Category 2 for circumstances where there was a high level of risk of serious harm but without recklessness or gross negligence; and

c)       Category 3 for a breach of  the duty without the  aggravating  factors present in the first two categories with maximum penalties that:

d)      relate to the seriousness of the  breach in  terms of risk and  the offender’s culpability;

e)      strengthen the deterrent effect of the offences; and

f)       allow the courts to impose more meaningful penalties, where that is appropriate.”

The panel, or the government, will need to be careful in proposing this categorisation as there are already in Australia OHS professionals advocating a three-stage categorisation of personal damage. As George Robotham has listed the classes, developed by Geoff MacDonald :

“CLASS 1-Damage  that  permanently  alters  a  persons   life  e.g.  death,  paraplegia, amputation of a leg, severe psychological damage.

CLASS 2- Damage that temporarily alters a person’s life e.g. fractured leg that repairs with no lasting impediment, deep laceration that has no underlying tissue damage and repairs without significant scarring

CLASS 3 – Inconveniences a person’s life.”

These are categorisations in very different contexts but may unnecessarily confuse the management of safety depending on which way the review panel goes and how the government responds to these concepts.

Johnstone’s paper is the best analysis currently available and should whet the appetites of safety professionals who should probably gird themselves for the more expansive Second Report due shortly.

Kevin Jones

The reality of First Aid

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Many employees undertake first aid training because it is a relatively easy training program to arrange, it is cheap and it provides skills that can be applied outside the workplace.  

But newly trained first aiders often leave training with an unrealistic feeling of empowerment.  Regularly, small businesses regret the disruption caused by the first aider’s evangelism for safety, particularly if the first aider was trained to provide some generalist safety presence in the company.  Similar disruption can result from health and safety representative training and perhaps that is why many small businesses are wary of this.

First aid trainers need to remind students regularly of the reality of first aid.  This reality is shown in the death of a truck driver in an isolated part of Australia on 9 January 2009.  First Aid is a terrific life-saving skill but the reality is that circumstances beyond one’s control may still result in a death.

In a class once, a student asked a first aid instructor what would happen if a farmer was bitten by a snake in an isolated part of the farm and the farmer  had no first aid skills or kit.  The trainer responded, “the farmer would die”.

The reality of living in a large country of isolated roads and small population is shown in the death of the truck driver.

The role of mobile telecommunications in the article is a distraction and relates more to the current political and commercial disputes between the Australian government and the telecommunication providers, than to the truck driver’s injuries.  

The article may lead to discussion on the poor emergency resources in rural and outback Australia.

First aid and emergency response has been revolutionised by mobile phone technology over the last 20 years.  Mobile phones have caused us to find lost bushwalkers and to get emergency ambulances to accident scenes much quicker.  Thankfully, a quicker emergency ambulance response shortens the time needed applying first aid.

It is a truism that no matter how much training we have, or how much technology we can access, death is a reality of life.