EHS workshop report and Australian nanoparticles reports

In October 2009 a workshop was held on worker safety by the  Worker Education and Training Program (WETP), a part of the US National Institute of Environmental Health Sciences.  Many of the topics raised in the workshop – REACH, Globally Harmonized System (GHS) of Classification and Labeling of Chemicals, and nanotechnology would be issues or hazards familiar to most SafetyAtWorkBlog readers.

EffectivenessReport coverThis report on the workshop, released in November 2009, is highlighted here because it is a very good example of a basic report on a workshop that makes the reader regret that they couldn’t be there.  This respond encourages readers to make the extra effort for the next set of workshops – a major benefit of such reports and, sometimes, the main reason.

The mention 0f nanotechnology is a good link to two new reports on the issue released by Safe Work Australia on 4 November 2009.

Engineered nanomaterials: Evidence on the effectiveness of workplace controls “explores the effectiveness of workplace controls to prevent exposure to engineered nanomaterials.”  According to a media release on the reports this report found:

  • “current control and risk management methods can protect workers from exposure to engineered nanomaterials
  • enclosure of processes involving nanomaterials and correctly designed and installed extraction ventilation can both significantly reduce worker exposure to nanomaterials, and
  • a precautionary approach is recommended for handling nanomaterials in the workplace.”

Pages from ToxicologyReview_Nov09The lack of available health effects data has directly led to the precautionary position in recommendations but it is good to see that the hierarchy of controls (old technology) is being applied to new technology. The report gets to a point of recommending a combination of

“…controls [that] should provide a robust regime through which nanomaterials exposure to workers will be reduced to very low levels.”

The bibliography in this report is also excellent and includes a comparative table of the research reports and papers analysed.

Engineered nanomaterials: A review of toxicology and health hazards was a literature review that  reports:

  • “there is no conclusive evidence to suggest that engineered nanomaterials have a unique toxicity. However, sufficient toxicity tests have not yet been conducted for most engineered nanomaterials
  • nanoparticles tend to be more bio-reactive, and hence potentially more toxic, than larger particles of the same material, and
  • carbon nanotubes are potentially hazardous to health if inhaled in sufficient quantity.”

Nanotechnology is a difficult area of OHS study as there is so much research material coming through that it is (probably more than) a full-time job just to stay current.  The literature review into toxicology makes a point that it is important to remember in this field.

“A wide variety of in vitro and in vivo experimental protocols have been used to assess biological responses to NPs, some of these yield more useful data for occupational risk assessment than others.  Some are potentially misleading.” [emphasis added]

The second of these reports was a good introduction to the general issues of health risks but must be stressed that these reports deal with engineered nanoparticle(s) (ENPs) which are defined as

“A nanoparticle with at least one dimensions between approximately 1 nm and 100 nm and manufactured to have specific properties or composition. “

Increasing research into any issue almost always leads to a fragmentation of the discipline into subsets.  That research into engineered nanoparticles is different from regular nanoparticles needs to be remembered.  As the report itself says

“…the major thrust of the research is in relation to identifying potential hazards for assessment of occupational safety since working with ENPs is likely to be where most exposure occurs. In contrast to ambient particulate air pollution, where health effects have been observed and research has been aimed at discovering the causative agents and mechanisms, the reverse is true for ENPs.”

Tom Phillips AM, chair of the Safe Work Australia Council said , in a media statement,

“Safe Work Australia has requested that the National Industrial Chemicals Notification and Assessment Scheme undertake a formal assessment of carbon nanotubes for hazard classification to clarify regulation of these nanomaterials.

“We have also requested that CSIRO develop guidance for the safe handling and disposal of carbon nanotubes, which will be a useful resource for OHS managers.”

It is good to see Safe Work Australia (now an independent statutory body) take one of the ACTU recommendations from its 2009 factsheet.

Kevin Jones

New Australian academic OHS journal

On 4 November 2009, the first edition of the Journal of Health & Safety Research & Practice began appearing in some Australian letter boxes.  This is the long-awaited, and long-promised, journal produced for members of the Safety Institute of Australia.  The three articles in this inaugural edition are very good but the format and the marketing is very odd.

SIA journal cover 001The journal says that “[SIA] members may also access electronic copies of articles via www.sia.org.au.”  Go to the page on the Safety Institute’s website for the Peer Review Journal and the page is blank.

SafetyAtWorkBlog contacted the SIA for information about any launch of the publication or media release.  There is nothing currently available.

The Editor-In-Chief, Dr Stephen Cowley rightly points to the importance of communication.

“Scholarly publication is central to the communication of new work and ideas…and a fundamental tenet of scientific work is that it is subject to critical appraisal.”

But the SafetyAtWorkBlog contention is that “new work and ideas” need to be circulated much more broadly than solely in a scholarly publication limited to the members of the Safety Institute.  The SIA says the content is planned to be “released” online after six months but there is a huge difference between publishing ideas and promoting ideas.  One element of the SIA’s mission statement is to “promote health and safety awareness” and this means actively promote, not just publish something and see what happens.

If the SIA really wants to compete with the only other OHS journal in Australia, The Journal of Occupational Health and Safety – Australia and New Zealand published by CCH Australia, it will really need a strong promotional strategy that makes the SIA journal as indispensible as CCH’s.

The justification for another peer review journal in such a small academic pool as Australia remains unclear but there is speculation that the SIA journal has come about as a result of dissatisfaction with the CCH journal.

The test for the validity of the SIA journal will be to see contributions coming from tertiary institutions from around Australia and not just from VIOSH, a school associated with the University of Ballarat, the employer of both the Editor-In-Chief and one of the two Executive Editors.

In terms of format, it is accepted that this is a first edition and that it is a work-in-progress.  However this first edition has had a gestation of several years and to have only three articles, even though they are very good, seems a little thin.  In the CCH journal, which has existed for decades, there is also the following

  • Notes for Contributors,
  • Index,
  • Book Reviews,
  • Obituaries,
  • Court Cases, and
  • a Noticeboard

Some of this content may be in a sister publication for SIA members that is also currently going to members but, as this journal is dedicated to Dr Eric Wigglesworth, at least an obituary could have been expected.

Being the first edition, the omission of an index is understandable.

The journal is published with the assistance of LexisNexis Media, a major source of  legal and court reports.  Surely some relevant content could have been accessed through LexisNexis although, again, maybe the SIA member publication will carry this.

If the CCH journal is used as the yardstick for OHS journals in Australia, the SIA journal is a good start.  But the CCH journal should not be the benchmark being aimed at.  In the 21st century, the SIA should be looking well beyond its competitors and embracing the new internet and publishing technologies to establish its own benchmark and to lead the pack, rather than follow.

The SIA is well aware of the Cochrane Collaboration and the Cochrane Library which offer a number of extra information and media services on its public health research.  The SIA is not in any way the equivalent of the Cochrane sites but some of the features could be applied to enhance the value of the SIA journal and to establish a greater prominence.

Kevin Jones

The articles in the Journal of Health & Safety Research & Practice are

“Breaking the Barriers of Insider Research in Occupational Health and Safety” by Annabel Galea

“Are health and safety representatives more effective at representing their designated work group having completed a Certificate IV course in OHS?” by Gavin Merriman and Stephen P Cowley

“The fifth age of safety: the adaptive age” by David Borys, Dennis Else & Susan Leggett.

Summer heat, fatigue and UV – a speculative solution

Let’s pull together several workplace hazards and suggest one control measure that may address all of them at once.  Of course, the control may generate other work hazards or management challenges.

In Summer, work occurs throughout daylight hours.  The long days, and possibly daylight savings, maximise the window of productivity for workers, particularly those who work outside – building construction, housing, rail maintenance, roadworks…..  Such work can lead to the workplace hazards of excessive exposure to ultraviolet radiation (UV), fatigue, and heat stress.

Each of these hazards has its own separate advocates for safe practices, as well as the OHS regulator that provides guidance on all hazards.  This complicates the management of OHS because sometimes there are conflicting control measures or at least measures that are incompatible with the needs and desires of the workforce.  If we think of this combination of hazards as a Gordian Knot, we could solve the problem by splitting the working day into two sessions on either side of a sleep break or, as the November 2009 edition of the Harvard Health Letter calls it, a nap.

The Harvard article, “Napping may not be such a no-no”, discusses the good and bad of napping and the tone of the article seems to look at this control measure mainly for office-based or administrative tasks.

“[Robert Stickgold, a Harvard sleep researcher] says his and others’ findings argue for employer policies that actively encourage napping, especially in today’s knowledge-based economy.  Some companies have set up nap rooms, and Google has “nap pods” that block out light and sound.”

The article suggest a couple of suggestions

“Keep it short. A 20- to 30-minute nap may be ideal. Even just napping for a few minutes has benefits. Longer naps can lead to grogginess.

Find a dark, quiet, cool place. Reducing light and noise helps most people get to sleep faster. Cool temperatures are helpful, too.

Plan on it. Waiting till sleepiness gets so bad that you have to take a nap can be dangerous if you’re driving. A regular nap time may also help you get to sleep faster and wake up quicker.

Don’t feel guilty! A nap can make you more productive at work and at home.”

But sometimes SafetyAtWorkBlog likes to extend a solution to the bigger picture.

In Australia, the peak period for extreme levels of UV is between the daylight savings hours of 10.00am and 1.00pm, or 3.00pm in some instances.  If an outside work site suspended work for three hours, the employees could have lunch and rest, or sleep, in the shade.  Depending on the location of the work site, some could even go home for that period.

The work day could still be as productive by starting early and finishing late, basically inserting a rest break of several hours into the middle of the daytime shift.  There is evidence in the Harvard article that productivity could be increased as a result of the rest break.

iStock_000004187454 construction siestal

On quick reflection, this scenario is a fantasy because the ramifications of such a change are huge, and OHS is unlikely to achieve any structural cultural change of this magnitude, but it remains an attractive fantasy.  The attraction is the logical simplicity but, of course, logic is often bashed around by reality and below are some of those realities:

  • Expanded work hours for a construction adjacent to a residential area working on the 9 to 5
  • Deliveries of supplies to be rescheduled to the two work periods
  • Would the split shift continue on cloudy and cool days or during Winter?
  • Would the portable/temporary lunch sheds now need to include a bunk room for all employees on a work site?
  • In a bunk room, would one person’s snoring becoming an occupational hazard for everyone?
  • Can plant be “paused” for the lunch break?
  • Can a concrete pour be interrupted for a lunch?

Lists of other problems or challenges are welcome through the blog’s comments field below.

Such a structural or societal control option (or fantasy) should be discussed, debated or workshopped as what may not work in the grand scheme may allow for changes, or tweaks, on a smaller scale.  Often the best OHS solutions come from speculation which can lead to the epiphany of “why do we do it that way?”

Of course, some countries are way ahead of the rest of the world in managing these workplace hazards by already having a culture that embraces the “siesta“.

Kevin Jones

ng may not be such a no-no

 

Good corporate advice tainted by poisonous product

In Matt Peacock’s book, “Killer Company“, an entire chapter is devoted to the legacy of the James Hardie chairman, John B Reid.  In Peacock’s talk at Trades Hall in October 2009, he mentioned that Reid had once published a book called “Commonsense Corporate Governance”.  The apparent hypocrisy of an executive of a company that knowingly sells toxic material while advising others on how to manage their corporation responsibly generated chuckles of disbelief in the Trade Hall audience.

Reid book cover 001SafetyAtWorkBlog obtained a copy of John Reid’s book to see first-hand that someone could do such a thing.  A sad part of all this is that the advice in the book is sensible but Reid’s “legacy” now taints all he does and all he says.

One random example of the advice he provides concerns dealing with consultants:

“Where, as with solicitors and auditors, it is imperative for the company to retain them, company staff need to be reminded that the professional advisers are paid for on the basis of the time that they spend on the company’s business. This is not predetermined by the nature of the task. In large measure it is affected by the decisions made and by the homework done within the company. What does this mean?

First, the imposition of new and more demanding, and frequently less precise, legislation on all manner of subjects has made management and, as a result, directors, nervous about things that directors 50 years ago would have dealt with very quickly-and inexpensively. Further, the increasing number of specialists necessary within a company’s own payroll is a result of this legislative epidemic, and has produced a reinforcement of this culture of caution and, occasionally, of fear.”

Safety professionals may want to take particular note of this corporate imperative.

Peacock points to the strict confidentiality clauses that Hardie included in any settlements in the 1970s.  Peacock writes (p 156)

“Secrecy indeed was Hardie’s byword, one endorsed by the chairman, who would later advise aspiring directors to ‘remain silent where there is criticism’.”

Reid recommended this in a bulleted list of ways to handle the media.

John B Reid, whose personal wealth was estimated at $A181 million in 2004, is not unique in advising companies while also having a tarnished corporate reputation.  Some argue that the adjective “good businessman” is a tautology.

There is no doubt that Reid was an active philanthropist and corporate citizen.  He was awarded an Order of Australia for “service to industry” – no citation is available to explain the decision.  In 2006, he received the Goldman Sachs JBWere Philanthropy Leadership Award.

Greek tragedies were full of hubris and examples of the single flaw that made good men do bad things.  If the plays of Euripides, Aeschylus and Sophocles have yet to be analysed for their advice to corporate executives, they should be, for not only do they show human flaws but human corporate flaws.

John B Reid’s book on corporate governance is an easy read and has valuable lessons but it is now a book that makes the reader feel dirty.

Kevin Jones

Management – the importance of what comes before

A special guest for the Safe Work Australia events in Queensland was Matthew Gill, former Beaconsfield Gold mine manager.  According to a media statement from the Government

“Matthew Gill who was the public face of the Beaconsfield mine rescue will speak about how he immediately took control of the emergency and then implemented rescue operations for the three missing miners,” [Workplace Health and Safety Queensland Executive Director, Dr Simon Blackwood] said.  “Mr Gill maintained an unwavering commitment to the safety of the people conducting the rescue and to the trapped miners.

“He oversaw the rescue teams which battled 24 hours a day for 14 days to release the two miners trapped almost 1km underground. Mr Gill will relive the emotional story of finding Larry Knight’s body and having to talk to his family afterwards.

“Previously he has been involved with mine rescue at rock falls at Mt Lyell in Tasmania and in Papua New Guinea, but Beaconsfield was the first time that he had such ‘hands on’ involvement.”

Matthew Gill has a lot of skills to share on disaster management and media handling but a lot of that skill seems to come about after the rockfall in 2006 that killed Larry Knight.

Cover KNIGHT,_Larry_Paul_-_2009_TASCD_25Prior to that time, in 1995 to 1997, Matthew Gill was the Responsible Officer for the mine.  From 1997, Gill appointed other people to undertake the role that is required by legislation.  Sometimes there were three people in the role at the same time.  Professor Michael Quinlan was quoted in the Coroner’s report saying that

“……….the very notion of appointing a Responsible Officer would have little meaning unless that person so appointed exercised overall control of the workplace and could therefore make critical decisions in relation to OHS not simply recommend them, be part of them, or make decisions but not others than might affect safety. For example, as Responsible Officer Mr Ball was a participant in decisions on mine design and mining methods – decisions that have a critical effect on the safety of underground workings – but he was not the only or final decision maker.”

The Tasmanian coroner Rod Chandler,agreed that there should be only one Responsible Officer and that the legislation be amended to reflect this.

Media reports of the inquest into Larry Knight’s death reported that after rockfalls in October 2005 and various risk consultants’ reports Matthew Gill undertook some remedial work on the mine and in February 2006, Gill declared the mine safe to restart mining.  The decisions made on the basis of those consultants’ reports came under close scrutiny in the coronial inquest.

On 10 November 2008, AAP’s Paul Carter reported the following:

Lawyer Kamal Faroque [representing the Knight family and the Australian Workers’ Union] told Coroner Rod Chandler in Launceston that Allstate’s management failures contributed to Mr Knight’s death…. Mr Faroque said mine manager Matthew Gill was ultimately responsible for deficiencies in the mine’s ground supports.  “It is submitted that deficiencies in ground support contributed to the Anzac Day rockfall which killed Mr Knight,” he said.

He also said there was no reasonable basis for Allstate to conclude that it was safe for workers to return to the area after two earlier rockfalls.

“Mr Gill accepted responsibility for the decision to recommence stoping in the western zone following the October (2005) rockfalls,” Mr Faroque said.  Stoping is a mining method in which underground chambers are opened up deep beneath the surface.

Mr Faroque said the risk management process conducted following the October 2005 rockfalls was inadequate.  “It is submitted that these failures are a sound foundation for a finding that Allstate contributed to the death of Larry Knight,” Mr Faroque told the court.

There is no doubt that Matthew Gill was integral to the successful rescue of Brant Webb and Todd Russell but Gill had been employed at the mine for over a decade before the fatal rockfall and therefore was also involved with the decision-making leading up to the rockfall.  The decisions made by the company over many years should be analysed to see the combination of bad, poor, or short-term decisions that ultimately led to Larry Knight’s death and the entrapment of his colleagues.

The rescue of Webb and Russell is an exciting tale with a happy ending and at least one book and several long articles (even a school lesson plan) have been written about this.  The most lasting lessons for safety professionals, mine managers and business operators would be what contributed to the bad decisions leading to Larry Knight, Brant Webb and Todd Russell being in an unsafe working environment during a rockfall.

This is a more complex story that requires knowledge of geology, the stock markets, corporate accountability, OHS and mine safety regulations.  If this story had been Matthew Gill’s presentation during Safe Work Australia Week, it would have been worth travelling to Queensland to hear.

Kevin Jones

Amputations, shocks and burns – court cases

In late October 2009, there were several OHS court cases in Australia that raise issues that need to be kept at the forefront of the thoughts of safety managers, safety professionals, workers and business owners.

Amputation

One case in South Australia identified the need to have sufficient detail in policies and procedures for workers to be safe.  The comment of Industrial Magistrate Michael Ardlie is particularly important.

Beerenberg Pty Ltd was fined $A9,000 dollars for breaching OHS law

“The incident happened in May 2007 at the company’s Hahndorf premises. A female employee was operating a mincer as part of the process of producing green tomato chutney.

The court was told that at the conclusion of the task, the employee switched off the machine but noticed a piece of tomato hanging from the mincer plate. She went to flick the piece off, but in doing so lost the tip of her index finger.

SafeWork SA’s investigation concluded that the woman’s finger had gone through one of the holes in the mincer plate and come into contact with the cutting blade behind, which was still winding down after the machine was switched off.

The fingertip could not be reattached, but the woman returned to work with the business after five weeks. Aside from the cosmetic appearance, there remains some numbness in the finger.

In his penalty decision today, Industrial Magistrate Michael Ardlie acknowledged that while there was a safe operating procedure written and a warning sign in place, these measures alone were insufficient.

“(The measures) did not specifically warn employees of the dangers presented by the moving parts of the mincer after the mincer had been turned off… the procedures in place did not go far enough.”

Since the incident, the company has fitted a purpose-built distance guard as well as an interlock that shuts the machine down once the guard is removed.”

Magistrate Ardlie fined the defendant $9,000 this being its first offence.

Crushed Fingers and Guarding

The same Industrial Magistrate as above, McArdlie, had to deal with a very different case.  Whereas Beerenberg was facing its first offence, OE & DR Pope are on their fifth.

“SafeWork SA prosecuted OE & DR Pope Pty Ltd after investigating an incident at its Wingfield printing plant in March 2007.

A 34-year-old male employed as a machine operator, suffered crush injuries to three fingers of his right hand, which were caught between moving rollers.  While he returned to work after three weeks, he suffered residual sensitivity problems, and left the business in December 2007 for unrelated reasons.

The court was told that the operator had attempted to clean dry spots from a roller without stopping the machine, and was able to gain access to the moving parts through a 70mm gap in the guarding.  Furthermore, the employee’s usual assistant was not available leaving him to perform two roles on the machine.  The supervisor who also should have been present was elsewhere on the premises at the time.

In his decision on penalty handed down today, Industrial Magistrate Michael Ardlie noted that the machine involved had replaced another involved in a previous injury, but that a risk assessment failed to identify the problem which ultimately occurred:

“Whilst the defendant prior to the incident did assess the machine, installed a guard and introduced a Standard Operating Procedure, the steps it took were inadequate.”

The court was told that this was the company’s fifth offence dating back to 1998, and all previous incidents resulted in similar injuries from similar circumstances.

Therefore, being a subsequent offence under the Occupational Health Safety and Welfare Act 1986, the defendant faced a maximum fine of $A200,000. Magistrate Ardlie fined the company $A40,000.”

Fifth incident in just over ten years – “similar injuries from similar circumstances”.  The reduced fine of $A40,000 seems a little odd in this context.

There are several elements that are disturbing in this case – ineffective guarding, excessive or conflicting workload and absent work supervisor.

Overhead Hazards

Just as falling in some workplaces is as “easy as falling of a log”, so it is that many people forget to look up.  A court case in Western Australia has fined Shrigley Drilling Contractors $A40,000 after one worker was shocked and another burnt when their drilling rig tilted into high-voltage overhead powerlines in 2006.

“Laurence Victor Shrigley – trading as Shrigley Drilling Contractors – pleaded guilty to failing to ensure that the workplace was safe and, by that failure, causing serious harm to another person and was fined in the Perth Magistrates Court this week.

In May 2006, Western Power had contracted Outback Power Services to perform works and construct a voltage regulator at Eneabba. Outback Power had contracted Mr Shrigley to perform drilling works.

On May 17, Mr Shrigley and an electrical contractor were engaged in drilling holes with a drilling rig underneath power lines. The position in which the drilling contractor chose to place the rig required him to raise the mast very close to the power lines.

In repositioning the rig, the left-hand outrigger was raised and the mast tilted towards the power lines. The mast touched the power lines and Mr Shrigley received an electric shock and was thrown backwards from the drilling rig.

Another man, who was driving the truck that carried the drilling rig and was working with Mr Shrigley on a voluntary basis, also received an electric shock serious enough to set his clothing on fire. He sustained burns to around 60 per cent of his body.

The court heard that no formal pre-start meeting had been held before the work commenced, and no directions were given for the work, with the exception of where the holes were required to be placed.

Mr Shrigley had not checked whether the power lines were live, or attempted to make any arrangements for the power in the area to be isolated.”

The features in this case include contractor management, using a volunteer,  inadequate preparation, and inadequate number of workers (apparently, no spotter).

It is understandable that cynicism is rampant in the safety profession when the same work practices lead to injuries in the 21st century just as they did in the 20th and sometimes in the 19th.

Kevin Jones

Workplace falls continue even during a safety week

Several years ago while visiting a local council with an OHS mentor, a call came through that a worker had fallen over 10 metres through a skylight into a plant room at a commercial swimming pool.  It was the first time I had been on site shortly after a workplace incident and was party to the negotiations and advice between OHS advisers, health & safety representatives and quickly after the event, the CEO.

I am reminded of that day too often when reports come through of workplace falls and deaths.  Workplace incidents do not take a holiday even during Safe Work Australia Week and this year was no different.  Below are a couple of short reports of incidents from last week.  As they did not result in a death, they were unlikely to be reported in the mainstream press.

“A man has fallen through a warehouse roof, dropping eight metres onto concrete at Brunswick [on 30 October 2009].

‘The 24 year old man landed on the concrete and some bicycles that were on the floor,’ according to Intensive care paramedic Kate Cantwell. ‘Even though he had fallen about eight metres, he is extremely lucky that he landed on his arm and side, and not on his head. He has quite a severe fracture to his arm, and possibly a fractured pelvis.”

“A 62-year-old man fell nearly three metres to the ground when he slipped off a ladder in Heidelberg Heights [on 26 October 2009].  Advanced life support paramedics from Oak Park and Epping were called to the residential building site at 11.05am.

Paramedic Haley McCartin said they arrived within eight minutes to find the man lying on the ground in a significant amount of pain.  ‘He suffered a suspected fractured hip and wrist,’ she said.”

Both these cases were posted by the Ambulance Service in Victoria and reinforce that falls in workplaces continue to occur.  Not all falls cause death but falls invariably result in serious injuries.

It is fair to say that gravity continues to be the number one contributory factor to workplace falls.

Kevin Jones