The need for a safety philosopher

It is very hard to be an OHS professional and not feel like one is part of the “nanny state” approach to personal choice.  There is a fundamental disconnection between the responsibilities on business for a safe workplace and the responsibilities on an individual to make themselves safe at work.

When the work processes are seen as mechanistic, where workers are part of that process, safety management is easier.  Hazards are known because the work process and environment are fixed and have no variation.  The employer’s area of responsibility is clear and can be said to be from the engineering/production perspective.

But at different points in history, the spotlight of humanism becomes bright enough that the workers get attention.  Safety management becomes complex because humanity is acknowledged in the work processes; one must consult, talk, listen and engage with the worker who was, previously, an element of the production process.

This is the Manicheism of safety management – the machine or the human.

This rumination occurred in response to an article reported by the Australian Broadcasting Corporation on the union representing Sydney bus drivers “asking the New South Wales Government to pay for personal trainers and Weight Watchers programs.”

The union’s bus secretary, Raul Boanza, says, according to the ABC report,

“the union wants the Government to formalise an existing 50 per cent Weight Watchers subsidy by including the provision in enterprise agreements” and

“it will also seek gym memberships or personal trainers on a case-by-case basis on the advice of a medical specialist.”

Apparently

“the Rail, Tram and Bus Union says drivers must pass strict medical standards every two years to keep their licences”.

SafetyAtWorkBlog contacted the union this afternoon and were advised that the person who raised the issue initially “is making no further comment on the matter.”

This is a shame as one of the first questions would have been, “should an employee be held responsible for making sure they are fit for work?”

Let’s indulge in some late-Friday afternoon silliness.  If a widget in a mechanical process is faulty, it is fixed or replaced.  In a mechanistic perspective, if a worker is too fat to undertake the tasks they have performed previously they should be fixed or replaced.  This seems to match the position of Raul Boanza.

But if the widget had a consciousness and the means and responsibility to maintain their own suitability for work, should that widget be fixed or replaced?  This seems to be what each worker in any workplace needs to regularly ask themselves.

As mentioned above these two differing perspectives reflect our society’s (internal) debate on personal responsibility to one’s self and one’s society.

The leading safety academic in Australia is a sociologist.  Perhaps we are in need of a safety philosopher or at least a safety profession that considers safety in its social and personal contexts, that discusses, debates and progresses, rather than worrying about the latest corporate logo.  Perhaps we just need people to take responsibility for their own actions and be accountable for their own errors.

Kevin Jones

Union abuse of workplace safety

The fragility of Australia’s agreement for OHS harmonisation is illustrated in an article by Michael Stutchbury of The Australian.  He  mentions the potential domino effect resulting from the West Australian Treasurer’s desire to keep his options open.  New South Wales and Queensland see that a (politically unpalatable) out is possible.

Pages from Open_Ltr_to_Premiers_and_Chief_Ministers_re_OHS_harmonisation_14.5.2009The freshest information in his article was that the CEO of the Business Council of Australia (BCA), Katie Lahey, has described OHS harmonisation as “linchpin” in the government’s push for a seamless national business economy, according to Stutchbury.  This perspective is one that should be watched closely as the BCA is not renowned for its OHS innovation or advice.

Stutchbury misinterprets the pledge by the Construction, Forestry Mining and Energy Union (CFMEU)

“to make safety the key to their battle against the ABCC’s powers”.

The union is applying safety to their industrial relations battle with the ABCC because their initial attack failed.  The Government has watered down the ABCC’s powers but the ABCC will continue to exist.  Indeed the “lawlessness” of the unions has caused the Government to continue with regulatory oversight of the construction industry beyond the ABCC.  The unions are flogging a dead horse (albeit for excellent ideological reasons) and, as a result, are reinforcing the political and community perspectives of union “thuggery”.

The ABCC action against unions has not been on the basis of health and safety, as far as SafetyAtWorkBlog is aware.  It has been on the issue of union conduct, the way the union progresses on OHS matters.  The ABCC concerns stem from the process itself and not the origin of the process.

The Australian union movement needs to realise that it is its heavy-handedness on industrial relations that is impeding its progress on several fronts.  It is not getting the ear of what traditionally has been a sympathetic political party and it is failing to gain any ground in the community because of its brash conduct.  As a result it is not attracting new members.

It is also disappointing that health and safety is trotted out as a Plan B.  This has happened repeatedly and has resulted in the tactic being seen as minimally effective.  The union movement needs to see that OHS is a core value of union membership.  Workers can be confident that an OHS issue brought to management with the union’s support will get an audience, and is more likely to get fixed.

The unions will gain new members by emphasising the positive and direct benefits of union membership.  A possible campaign start could be

“You will be safer at work with a union”.

There is a place for ideological protest.  The point needs to be made that the powers of ABCC are inappropriate.  But the ABCC was introduced in response to union arrogance and excessive testosterone.  A change of culture in the union movement some time ago would have allowed it to focus on the future of its members rather than continue with its outdated and unpopular belligerence.

Kevin Jones

When employees are their worst enemy.

A recent article in a rehabilitation newsletter reminded me of a client from several years ago.

Several employees in a small item packaging line were reporting wrist and forearm soreness toward the end of their shift.  They believed that the line speed was too fast for them to comfortably work their full shift.

In consultation with the workers and the operations manager we went through various possible control options – line speed, automation, seating, posture, warm-up exercise, footwear, length of shift…..

A couple of days later, I was at the workplace at the end of the shift.  The employees said they were sore but they did not go home.  They stayed on for several hours of overtime.  When I asked them about this they said they always do the overtime.

So the assessment of working environment had incomplete data.

My advice was that if the employees were putting themselves at harm of the potential for harm, undertaking overtime while not fit-for-work contravenes their own OHS obligations.  If the employer offered these employees overtime knowing the employees were in pain, the employer is breaching the OHS obligation.

That is the straight OHS position.  But life is more complex than OHS.  The right OHS decision deprives the employees of additional income.  The right OHS decision could encourage employees to not report their pain or discomfort, for if they do, the offer of overtime would be withdrawn.  Non-reporting of injuries is a common short-term decision that many employees make.

It is in this context that consultation is required between employees, production manager, supervisor, human resources officer, and the health & safety rep, if one is on site.  This consultative group can then make a decision that everyone understands the justification for, even if some participants do not like it.

A question to ponder from the scenario above – if one of the workers developed pain during the normal work shift, undertook overtime without the employer being informed of the pain and put in a worker’s compensation claim for the pain, would the employer feel justified in contesting the claim?

Kevin Jones

Does union presence improve OHS?

The trade union movement is an important element in the management of safety in workplaces but over the last twenty years, with the exception of a couple of industry sectors, the membership numbers have waned.  Until recently in Australia, the union movement was able to maintain a level of influence in the government decision-making process that was contrary to its declining membership.

Last week the Deputy Prime Minister, Julia Gillard, told the ACTU to stop lobbying the government and instead generate innovation, enthusiasm and members by reintroducing itself to the community.  Union membership spiked in response to its anti-Howard government advertising over three years ago but any membership based on fear is unsustainable.

Paul Kelly in today’s Australian is more forthright about the trade union position in society and politics but it is clear that the union movement needs to refocus.

Health and safety representatives (HSRs) have been a major element of the enforcement of safety standards in workplaces.  Some OHS legislation in the last decade has had to emphasise non-union consultation on safety issues to balance the declining presence of HSRs.  New research from Europe has found the following

three researchers reviewed
the studies done on the matter in Europe. They
conclude that having trade union representation
leads to better observance of the rules,
lower accident rates and fewer work-related
health problems.

“having trade union representation leads to better observance of the rules, lower accident rates and fewer work-related health problems.”

Transposing these findings into a non-European context is unwise but the research could provide a model for independent research and a comparative study.

Regrettably the report is not available for free but can be purchased through the European Trade Union Institute.

Kevin Jones

New transport fatigue commitments

Also at the ACTU Congress in early June 2009, the Deputy Prime Minister, Julia Gillard, also made commitments to improves the health and safety of transport workers.  In her speech, Gillard said

And through tripartite engagement we will be reforming independent contracting and the transport industry. 
Australia’s truck drivers work hard to make a living.  But they shouldn’t have to die to make a living.  And we will be working on safe rates to prevent them from having to take that risk. 
We will work with the Transport Workers Union and responsible employers to make sure that drivers are paid for all the work they do. 
We will make sure that payment methods and rates do not require drivers to speed or work excessive hours just to make ends meet.

And through tripartite engagement we will be reforming independent contracting and the transport industry.

Australia’s truck drivers work hard to make a living.  But they shouldn’t have to die to make a living.  And we will be working on safe rates to prevent them from having to take that risk.

We will work with the Transport Workers Union and responsible employers to make sure that drivers are paid for all the work they do.

We will make sure that payment methods and rates do not require drivers to speed or work excessive hours just to make ends meet.

Tony Sheldon of the Transport Workers Union conducted a press conference shortly afterwards and the press release said:

Transport Workers Union Federal Secretary, Tony Sheldon, said it was time to put an end to the carnage on Australia’s roads where 280 people die each year from heavy-vehicle-related incidents.

“Trucks make up 2 per cent of registered vehicles on our roads but are involved in 22 per cent of fatalities,” Mr Sheldon said.

“We need to make sure owner-drivers and employees are paid for their waiting time, for increases in fuel prices and for proper maintenance on their vehicles so they are not forced to do ‘one more load’ and push the boundaries to make ends meet.”

Australia’s transport industry have been the leaders in getting fatigue on the OHS and industrial relations agenda over the last five years.  

The implication in Sheldon’s words above is that fatigue and delivery/schedule pressures are generating road fatalities of drivers and other road users.  The Deputy PM made the same link between remuneration and safety. (If any readers can point towards the evidence behind the rhetoric, it would be appreciated).

The challenge for the TWU and, to a lesser extent, the governemtn is that unions represent a minority of transport drivers and so the coverage of union rules and codes of conduct have limited effect.  That is not to say that the limited effect is not important but the Deputy PM told the ACTU Congress what it needs to do to make these OHS and IR changes a reality.  

Gillard told the congress delegates that they needed to get out into the community and start building membership, as membership is strength.  This is particularly important on those policies and initiatives such as OHS and transport safety, where there is broad community impact.  

Some of the proudest achievements in the Australian trade union movement have come from those social contracts that have improved living conditions and health, not only just salary levels, to those workers in Australia who struggle to stay financially viable.  The union movement needs to reinvigorate its members and itself to improve the quality of life for all and not just the pay packets for some.

Kevin Jones

Australian Minister’s latest comments on OHS law reform

Last week the Deputy Prime Minister, Julia Gillard, spoke at the ACTU Congress for 2009.  Industrial relations was clearly the principal agenda issue but Gillard did mention OHS.  The relevant OHS text of her speech is below.

For those wishing more information about her rowdy reception, coverage is available at several Australian news sites.

The OHS content got no mention in any of the mainstream press and some of the political websites also ignored it.  

Prior to the Deputy PM’s speech, the congress held a minute’s silence for all those who lost their lives through traumatic injuries at work.  The Deputy PM was presented with a petition (details to come). 

During the silence, two relatives of  young construction workers in Queensland who had died, were on stage.  On screen a role call of the dead scrolled slowly as a backdrop.  

Occupational Health and Safety

Friends, as representatives of working Australians you know that nothing is more important to them than safety at work.

Recently State Ministers for occupational health and safety and I reached a vital reform milestone: agreement for the creation of a uniform national occupational health and safety regime. 

This is a massive advance for workplace safety. As you will recall, the first, but ultimately unsuccessful steps towards a uniform occupational health and safety regime were taken by the Hawke Government in 1984.  25 years is too long to wait for better laws to cut preventable workplace deaths and accidents.  But we are now primed to achieve a great outcome for Australian workers and businesses alike. 

Under current occupational health and safety laws, only four jurisdictions allow workers to stop unsafe work – Western Australia, Tasmania, the Northern Territory and the ACT.  This represents approximately 14.5% of Australian workers. The new occupational health and safety laws will extend this right to all Australian workers.

For too long employers have thought that they could cut costs by cutting corners on health and safety.  Under these new laws every employer will understand that cutting corners comes at a huge price. 

The penalties under the new occupational health and safety laws will far exceed existing penalties in today’s legislation in Australia.  Currently, the highest maximum fine for a corporation is $1.65 million.  In some jurisdictions the maximum is significantly less.  Under the new laws, the maximum will be increased to $3 million, almost double the largest penalty in the country today. 

Through the tripartite body, Safe Work Australia, you will be partners in developing the model laws for this new national system. 

Kevin Jones

Union movement misdirects on OHS

According to an AAP report on 3 June 2009, the ACTU is forecasting action on the matter of workplace deaths.  Although the issues is heartfelt and important, the Australian union movement mostly discusses OHS in relation to its opposition to the Australian Building and Construction Commission.  The AAP report is a good reflection of this.

ACTU secretary Jeff Lawrence states that the rate of workplace fatality is unacceptable but is then quoted as saying

“The high level of deaths and injuries in the construction industry is a national disgrace and yet safety standards have got worse in the period the Australian Building and Construction Commission (ABCC) has operated.”

It has never been the role of the ABCC to regulate workplace safety obligations.  That obligation sits with the State OHS authorities and maybe the Australian Safety & Compensation Council (now Safe Work Australia).The union movement has been instrumental in improving safety on worksites throughout Australia but Jeff Lawrence’s misdirection to the ABCC does a disservice to the efforts of OHS professional and health & safety representatives.

Kevin Jones

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd