Should OHS regulators be involved in the competence of professionals?

WorkSafe and the Safety Institute of Australia are at the forefront of pushing for a defined level of competence for the safety professional.  WorkSafe identified this need many years ago and has been working on establishing alliances with safety professions since then to achieve its aims.

Significantly similar issues have been discussed in the United Kingdom over a similar period however, in that process the WorkSafe equivalent, the Health & Safety Executive (HSE), have chosen not to participate.  According to a recent article in HEALTH AND SAFETY AT WORK, the HSE has stated its position

“Speaking at IOSH’s recent conference, HSE chief executive Geoffrey Podger was adamant that the general description of competence in the Management of Health and Safety at Work Regulations 1999 (MHSW) Approved Code of Practice (ACoP) is sufficient. “I don’t think it helps the whole health and safety system if HSE tries to over-define the area,” he said, adding that there is still a “huge opportunity” for the professional bodies to work on their own definition.”

This position is considerably different from that in Australia where WorkSafe is now closely working (some would say too closely) with the SIA in developing standards and protocols that it and its partners want to operate nationally. Its aim seems to be similar to one the HSE and Health & Safety Commission established in 2007 – “Mapping Occupational Safety and Health (OSH) Professional Body Activities in Scotland”.  It is worth looking at the page to see the list of safety professional bodies who are listed, the services offered and the membership databases.

Pages from externalproviders[1]A crucial HSE document is the “HSE statement to the external providers of health and safety assistance”.  Its statement that competence should be a goal rather than a benchmark should worry the Australian competence lobbyists.  In the Ponting article above, IOSH calls for more clarity but, as discussed elsewhere in SafetyAtWorkBlog, OHS legislation clearly states it is the employers’ ultimate responsibility to establish a safe and healthy work environment.  They may choose assistance from competent people but why should it be the regulator that establishes this?  The professional bodies such as IOSH and SIA have existed for decades.  Have they not determined levels of competency for their own members by now?

Geoff Hooke of the British Safety Industry Federation says

“when you ask how you measure competence, the simple answer is: with great difficulty”.

In general, shouldn’t the response from OHS professional associations be along the lines of

“we believe that all members of the XXX Association are competent within their fields and we would not hesitate in recommending our professional members in providing competent advice to companies…”?

These organizations who are calling for a clear definition are often the same organizations that are in support of “as far as is reasonably practicable”, a vague management concept that can be defined and re-defined depending on which judge hears which OHS prosecution. – the antithesis to the prevention principles of OHS.  One cannot call for certainty in one area while advocating flexibility in another.

The UK Works and Pensions Committee was right in saying that more control is required on external consultants and clearly lobbed the responsibility on the professional bodies.

Ponting’s article concludes that it is the job of the professional bodies to organize accreditation and the maintenance of that accreditation but acknowledges that it is politically fraught.  That is not enough reason to look to the regulator to solve the problem as it only makes the regulator the target of criticism over the process and the results.  The professional bodies themselves must work to a commonality of purpose and relinquish years of demarcation and, sometimes, schism.

The Australian safety professions would ultimately gain far more credibility for themselves and their professions if they too took it upon themselves to define accreditation, audit their members’ competencies and assist in the maintenance of skills.  In that way Australia may gain a safety profession of which everyone can be proud.

Kevin Jones

H1N1 and facemasks

Swine flu cases have begun appearing in Australia and not just in people who have travelled to infected zones overseas.  Talkback radio has begun discussing the wisdom of basic infection control issues such as isolation, hygiene and the use of facemasks.

Many large companies have started to provide antibacterial soaps and lotions in the office bathrooms and toilets but few have begun to issue guidelines on staff leave.  However as the flu season grows in Australia, it is expected that the tolerance to sniffles by workmates will diminish.  SafetyAtWorkBlog has already written about how swine flu will change the culture of workplaces.

The media has plenty of photos of people in infected zones wearing surgical masks or P2 and N95 masks. This indicates that non-health workers do not appreciate the role of facemasks.  According to authorities in Japan, where the the wearing of masks during infection peaks and outbreaks is a very common practice, masks are best worn by those who are infected to minimise droplets and spray rather than for healthy people to stop the chance of inhalation.

The government is recommending people use masks as a way of reducing the spread of infection via droplets from coughs and sneezes, but puts the onus on those who are already infected.

 “If you start to cough or sneeze, please use a mask,” reads an advice section on the Health Ministry’s website. “If someone in your family or at your workplace is coughing without a mask on, please urge them to wear one.” 

An official at the ministry emphasised the government was only recommending those with symptoms wear masks.

 “Unless you are in a very crowded place, masks are not going to help much with prevention,” he said. “We are not saying that people should always wear a mask when you go out, although it might help to wear one on a rush-hour train.”

 “We are certainly not saying that you’ll be safe if you just put on a mask.”

If the situation worsens to the extent that Australians need to wear PPE as a barrier to infection, the government needs to begin a campaign of not only educating the community on influenza risks but on basic matters like how to wear a mask and how to safely dispose of them.

Although Japanese authorities are quoted above, you are urged to seek local advice for your specific circumstances.

Kevin Jones

Welding explosion burn survivor talks about the experience

The 19 May 2009 edition of The 7.30 Report included a fresh perspective on rehabilitation from workplace injuries.  According to the website

“Sydney man Frank Spiteri was not expected to live after suffering third-degree burns to 70 per cent of his body in a major workplace explosion in 2007.

Not only did Mr Spiteri survive, but he has transformed from an overweight businessman into a fitness fanatic who is determined to help other burns victims.”

The Australian Broadcasting Corporation has provided an extended interview with Frank online. It is a story of extraordinary personal will, a story rarely seen on national television.

Kevin Jones

The OHS recommendations the Australian Government rejected

According to the Communiqué of the Workplace Relations Ministers’ Council on 18 May 2009, the following issues should be considered when drafting the new OHS legislation

“Application of the primary duty of care to any person conducting a business or undertaking

The panel recommends that the primary duty of care should be owed by any person conducting a business or undertaking.  The objective of this recommendation is to move away from the traditional emphasis on the employment relationship as the determiner of the primary duty, to provide greater health and safety protection for all persons involved in, or affected by, work activity.  Care needs to be taken during drafting to ensure that the scope of the duty is limited to matters of occupational health and safety and does not further extend into areas of public safety that are not related to the workplace activity. “

The first part of this is recognition of the variety of workplaces Australia now has, the number of people within worksites who are not employees and the previous issues of OHS and unpaid volunteers.  It seems to expand to matters of public liability but then, curiously, pulls back to emphasise occupational health and safety.  As Michael Tooma has noted, circumstances seem to have passed beyond the arbitrariness of the occupational categorisation. Continue reading “The OHS recommendations the Australian Government rejected”

Radio interview on harmonisation of OHS law

Last week, I had the pleasure of being interviewed byElanor McInerney of the 3CR radio program, Stick Together.  The interview concerned the harmonisation law in Australia and my thoughts on the risks and impacts it would have on Australian business and workers.

The radio program is now available as a podcast  (My part is around the 19 minute mark.) 

Please let me know if I am totally off the beam with my applications of the OHS laws and the political issues.

I thank Elanor and the producers of Stick Together for making this available so soon after the broadcast on 17 May 2009.

Kevin Jones

New Youth@Work website

The South Australian government has launched a website focusing on young people at work, not surprisingly called Youth@Work.  

South Australia has a habit of marching to a slightly different beat to the dominant Australian States on OHS.  They did not follow WorkSafe Victoria’s “Homecomings” ads and they have been well ahead of anyone in researching and explaining the relevance of wellness as an OHS issue.

Kevin JonesposterA3v6 (2)

“Homecomings” safety ads reach the US

As mentioned last month in SafetyAtWorkBlog, the Victoria-designed “Homecomings” advertisements are to be launched on United States television.  The Department of Labor & Industries for Washington State announced the ads on 19 May 2009.  According to the DL&I media release

“These ads are particularly effective at bringing home the importance of safety in the workplace and the effects it can have on so many people,” said Don Brunell, president of the Association of Washington Business. “When an accident happens at work, it affects everyone – family, friends and co-workers.”

One ad is available for viewing at http://www.lni.wa.gov/main/worksafe/ 

[It looks like parts needed to be re-filmed to show left-hand drive vehicles and obviously the music rights for Dido’s song couldn’t apply in the US]

Kevin Jones

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