Tag: workers compensation

Latest Australia workplace fatalities data

The latest official, but not comprehensive, data for Australian workplace fatalities has been released. The Australian Safety & Competition Council has published the Notified Fatalities Statistical Report July 2007 to June 2008.

Chairman Bill Scales AO said that this report provides analysis of notified fatalities across Australia for the full financial year. “There were 16 fewer notified worker fatalities in 2007-08 (131 worker fatalities) than in 2006-07 (147 worker fatalities), a decrease of 11 per cent.  While this suggests that we are taking steps in the right direction to reduce work-related fatalities, every death in the workplace is still one death too many.”

Some other key findings of the report include:

  • In 2007-08 there were 150 notified work-related fatalities (131 worker notified fatalities and 19 bystander notified fatalities). 137 of these fatalities were of males.
  • Four industries accounted for eight out of every ten notified work-related fatalities: construction (24 per cent), transport and storage (23 per cent), agriculture, forestry and fishing (18 per cent) and manufacturing (13 per cent).
  • The most common causes of fatalities were vehicle accidents (44 fatalities), being hit by falling objects (23 fatalities), being hit by moving objects (21 fatalities), falls from a height (16 fatalities) and being trapped by moving machinery (12 fatalities).
  • Construction workplaces recorded a consistently high number of notified worker fatalities over the period 2003-04 to 2006-07 (ranging from 18 in 2004-05 to 36 in 2007-08).
  • There was a notable decrease in the number of notified worker fatalities in agriculture, forestry and fishery workplaces (42 fatalities in 2003-04 to 25 in 2007-08).
  • There was a notable decrease in the number of notified worker fatalities in mining workplaces (4 fatalities in 2007-08 compared with 13 fatalities in 2006-07).

The ASCC has also released the Work-Related Traumatic Injury Fatalities, Australia, 2005-06 report. Some key findings of this report for 2005-06 include:

  • 270 people died from injuries sustained while working for income.
  • 123 persons died from injuries incurred while travelling to or from work.
  • 41 persons were killed as a bystander to work activity.
  • The agriculture, forestry and fishing industry and transport and storage industry recorded the highest number of deaths while working for income (55 deaths each) followed by the construction industry (43 deaths).
  • Vehicle accident was the cause of 40 per cent of the working for income deaths. The next most common cause was being hit by moving objects (14 per cent) followed by falls from a height (13 per cent).
  • Vehicle accidents accounted for 18 bystander deaths, of those, 13 involved trucks, semi trailers or lorries. 

Other statistical reports are available at SafetyAtWorkBlog by entering the search term “statistics” in the search box below or by clicking HERE and HERE

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Important victory for aircraft maintenance workers

The Department of Veterans’ Affairs may have to pay compensation to the maintenance crews of F-111 fighter planes.  In the 1970s employees worked within the fuel tanks of the fighters with little, if any, PPE.  In 2004 these workers were excluded from a healthcare and compensation scheme even though, according to one media report, evidence was presented that the workers had

  • a 50% increased risk of cancer
  • a two-fold increase in obstructive lung disease;
  • a two-and-a-half fold increase in sexual dysfunction; and
  • a two-fold increase in anxiety and depression.

One of the reasons the maintenance crews were denied compensation was that the Royal Australian Air Force (RAAF) had destroyed the maintenance records from before 1992.

An inquiry into the affair has received a submission from the commonwealth Ombudsman, John McMillan, and Labor MP, Arch Bevis, that strongly criticised the destruction and inadequacy of records.

In safety management, record-keeping is often seen, and dismissed, as “red tape”.  The reduction of red tape is not the elimination of red tape and the reality of Australia’s increasing litigious legal system is that more records need to be kept, and for longer, than ever before.

Perhaps, the government, in its pledge to reduce red tape and business costs, should look at the lawyers’ insistence to business that the first port-of-call after an industrial incident is to call them so that everything becomes covered by legal-client privilege.

Perhaps it is the pressure to create paperwork than the paperwork itself that is the problem.  In the case of the F-111 maintenance crews, regardless of the lack of paperwork, justice seems to be happening.  It is just sad that so much pain and suffering had to be endured before getting close to a resolution.

Click HERE for a personal reflection on the health issues of the workers from one of Australian Rugby League’s champions, Tommy Raudonikis.

The right time to do something, or union shortsightedness

The title of this blog is deliberately positive because I find it hard to understand why, when union right-of-entry is such a hot political topic, a New South Wales Minister would defy Federal Court action and accompany union organisers onto a construction site against the wishes of the company who operates the site.

The legal action has been considerably drawn-out but Minister Phil Costa’s seems purposely inflammatory.  In a report on the visit in The Australian on 12 November 2008, the Minister said he was given permission by Sydney Water and a building contractor.  This confirms the confusion over control of a workplace that is being worked through as part of the National OHS Law Review panel.  Who  is the principal contractor?  Who runs the site?

The minister says that permission was obtained from John Holland Construction and the company was accommodating.  The media report did not say if there was any particular reason the minister visited although a media handler said it was a PR visit.

The CFMEU assistance secretary said the only way the union could get on site Was “as a visitor with the minister” and that OHS issues have been raised including dust, wetness and falling from heights.

The minister’s visit just confirms the beliefs of the New South Wales employers that the Labor government’s relationship with the unions is too friendly.  There is some support for this perspective when the government chooses to keep Sydney Ferries out of the credit-rating fire sale, “after intense pressure from union leaders” according to one media report.

In a national context, Minister Costa’s visit illustrates the need for clarity on national OHS laws as John Holland moved from the state workers’ compensation system to the national version, Comcare, a couple of years ago.  So not only did the visit raise matters of workplace control, there was jurisdictional problems.

Unless you are a construction union member in New South Wales, minister Costa’s actions had no positive result.

I have been a union member for several decades and support many of their initiatives but occasionally some in the union movement take short term gains and narrow interest over the bigger picture and the best interest of the whole union movement.  Isn’t short-term gain over long-term benefit what the unions accuse the banks and the corporations of?

WorkHealth – end is nigh after less than one year

Early in 2008, the Victorian Government sprung a surprise on the OHS and health promotion industries by announcing a world-first initiative – WorkHealth.  This program was to be funded by interest generated from the WorkCover scheme to the tune of hundreds of millions of dollars over the next five years.

WorkHealth loses stakeholder support

Two weeks ago, a well-respected OHS professional advised that key stakeholders in WorkHealth were very cool on the program.  This confirmed previous questions raised in SafetyAtWorkBlog about the promotion, transparency and organisational support for WorkHealth.  The professional stated that others were questioning the placement of WorkHealth in the OHS field rather than in health promotion.

Rumour has existed for some months that WorkHealth is a scheme that has been pushed by a narrow range of OHS and workers compensation advocates.

What made WorkHealth so interesting was that the concept originated from within the workers compensation field with workers compensation money.  At the time, the wisdom of committing such a large amount of money to the initiative was questioned by many in the trade union and business areas.  Why head in this direction when there were established mechanisms to reduce OHS and workers compensation costs?

The global economic problems, it is suspected, would have flowed to the investments of the WorkCover scheme and it would be interesting to know what the revenue allocation to WorkHealth now is calculated at.

OHS/Industrial Relations conflict

In The Age newspaper on 26 October 2008, WorkHealth gained some attention as business groups have now seen the criteria for the health assessments of workers.  David Gregory of the Victorian Employers’ Chamber of Commerce and Industry described the criteria as a potential “industrial weapon”.  According to the article,

“WorkSafe told The Age the idea of an initial ‘tick test’ screening process had been abandoned, and the proposed $130 million worth of prevention programs are not in the pilot at all.”

As is evident from the quote, it is the pilot scheme that is being rolled out, however it is clear from the comments of David Gregory and the state secretary of the Australian Manufacturing Workers’ Union, Steve Dargavel that industrial relations sensitivities have not been considered.

Gregory makes excellent points that good OHS professionals are already aware of – workplace safety can only succeed when industrial relations implications and conditions are considered before any intervention process.

OHS has broadened to include the hazards of fatigue, stress, anxiety, depression, workloads, bullying and other matters that have encroached on health promotion and human resources over the last decade or so.  A worker health program would have been more likely to be accepted through this osmosis rather than a surprise announcement.

Is this the end?

WorkHealth could work if it had been generated as a workplace application of public health programs.  The challenge would have been to legitimise the expenditure in an already cluttered health promotion sector.  How would WorkHealth have achieved this testing regime when business is already assessing its workers for psychological disorders, cholesterol, prostate health, hearing, asthma, and a whole range of modern health issues?  It is unlikely that it could so.

It came down to health assessments in a different context – a context where there had been insufficient groundwork to establish the value of the program to its fundamental stakeholders, the unions and employer groups.  To a much lesser extent, the program was not sufficiently integrated into the WorkSafe authority’s program before the announcement.

Also, the timing has been proven to be wrong.  The global economic problems are beginning to squeeze business’ bottom line.  The calls for workers’ compensation premium relief will increase in the same way that businesses have begun questioning the viability of an emissions trading scheme.  WorkHealth is likely to be one of those program cut, so the government will claim, due to the changing economic climate.  The lessons to be learnt are more wide-ranging than just economics.

Bullying, duty of care and compensation

The growth of attention to psychosocial hazards in Australia received a considerable boost from a stress survey undertaken by the ACTU some years ago.  During the survey of union-members, it became clear that bullying was a major generator and perpetrator of workplace stress.  The unions went to town on this data and set the agenda for some time in OHS.  Their success was echoed and mirrored in the United Kingdom and Europe. (In fact, Europe seems to be the jurisdiction that has kept the momentum)

The survey and campaign got the attention of regulators and OHS professionals to the presence of, perhaps, the next generation of occupational health and safety activity.

Since that time psychosocial hazards have splintered into sub-groups of stress, occupational violence, workload, fatigue management, shift work, dignity at work and a range of other matters. However bullying persists as the front runner.

As with many elements of OHS, risk management and cultural studies the defence forces provide signposts to future civilian issues. Yesterday the Australian Defence Force agreed to pay ex-gratia payments to family members of defence personnel who had committed suicide as a result of bullying suffered at the hands of their colleagues.  There are many significant signposts from these incidents but one of particular note was that the payments were not made to dependents but to other family members.

According to the ABC radio report by Karen Barlow:

“The suicides date back up to 12 years, when Lance-Corporal Nicholas Shiels killed himself after accidentally shooting his best friend dead during Army training.

Private John Satatas hanged himself at Holsworthy Barracks, in western Sydney, five years ago after being bullied and racially taunted.

Private David Hayward committed suicide four years ago after he was injured and had gone AWOL.” 

The Defence Minister, Joel Fitzgibbon, was interviewed on this issue, and others, on Radio National on 23 October 2008 and  has referred the matter to a general review of the defence forces. Fitzgibbon acknowledged that “shortcomings in the defence force system” contributed to the situation and could have been better handled after the event.

The day before the media attention the Australian Defence Force released the findings of its annual attitudinal survey of personnel.  The 2007 survey found, according to a media statement:

“… a marked improvement in knowledge of mental health issues as well as members’ assessments of their own mental health. Since 1999, the data also shows an increasing proportion of personnel who believe that unacceptable behaviour is well managed.”

As Australia moves to a national OHS and workers compensation system, or at least a harmonised system, more attention should be given to some of the responses and OHS initiatives in Commonwealth departments as these will be just as influential on OHS law and management as any State initiative.

When managing stress, are safety managers looking at the wrong thing?

Today is World Mental Health Day and the media, at least in Australia, is inundated with comments and articles on mental health.  This morning, Jeff Kennett, a director of beyondblue, spoke on ABC Radio about the increasing levels of anxiety that people are feeling in these turbulent economic times.  Throughout the 5 minute interview, Kennett never once mentioned stress.  This omission seemed odd as, in the workplace safety field, stress is often seen as the biggest psychosocial hazard faced in the workplace.

SafetyAtWorkBlog spoke with Clare Shann, the senior project manager with beyondblue’s Workplace Program, about the role of stress in the workplace and its relation to mental health.  She clarified that stress is not a medical condition but a potential contributor to developing a mental illness, such as anxiety disorders or depression.

To put the situation into context, there is a fascinating interview with a Darren Dorey of Warrnambool in Victoria.  The 20 minute interview was conducted on  a regional ABC Radio station on 9 October, and describes the personal experience of depression and anxiety that stems, to some extent, from work.

It seems that in trying to manage stress, OHS professionals may be focusing on the wrong element in worker health.  Perhaps what are considered workers compensation claims for stress should be re–categorised as claims for mental illness.  This may result in a better acceptance of the existence of this workplace hazard.

An exclusive interview with Clare Shann can be heard clare_shann_mental_health

Inadequate resources generate workplace stress

Survey findings released on 9 October 2008 by recruitment company Talent2 indicate that Australian employees are feeling stressed at work as a result of the effects of redundancies.

John  Banks of Talent2 said 

“… 71.7% say they currently do the job of more than one person, and this makes for a very stressful and unproductive workplace.”

The press release for the study stated

“More than half of Australian employees believe they are operating under extremely low staffing levels and 82.1% say they are expected to do far more work today than they were 5 years ago, according to a survey of 2,703 people.”

Almost 60% of respondents in Western Australia said that their workplaces are understaffed.  Between 48% and 58% of respondents in other Australian States agreed.

Banks said that companies can create a “false bottom line” by minimising staff numbers.  He said 

“Across the board, the sales/marketing sector has been most affected with 74.7% of employees in that industry asked to do additional work. The manufacturing sector is also guilty of asking staff to cover the work of more than one person with 74.2% of those surveyed dobbing in their bosses, and the legal sector is not too far behind at 70.4%.” 

It is acknowledged that the volume of claims for compensation for workplace stress increases during periods of corporate economic hardship and redundancies.

A terrific short article on the costs and impacts of workplace stress in Australia can be found in a newsletter by the law firm, Landers & Rogers.

It is also useful to note that the Talent2 survey results were released in the same week that the ILO has been promoting decent work, Australia is running Mental Health Week and the United Nations has its World Mental Health Day.

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