WorkSafe – Page 20 – SafetyAtWorkBlog

Cabinet-making compliance

In March 2008, in Western Australia, a 22-year-old worker was crushed to death when a stack of veneered chipboard sheets toppled onto him. This sparked an audit campaign of the cabinet-making industry in 2009 by WorkSafe WA about which some results were released on 12 January 2010.

Such results are not often covered in this blog but the number of improvement notices provide a useful summary of the persistent hazards present in this industry and on machinery that is used in a variety of workplaces. Continue reading “Cabinet-making compliance”

Forklift death and safety posters

Twelve days in 2010 and Victoria has experienced its first workplace death and it was due to the use of a forklift. A 60-year-old man was crushed after a load being removed from a truck by forklift fell.

According to WorkSafe Victoria:

“…the man was guiding a forklift driver who was to remove the computer equipment weighing some 200kg and standing about 2m high, from the back of a semi-trailer. The equipment was on castors and not mounted on a pallet.”

As part of WorkSafe ongoing campaign on forklift safety, it has issued two safety posters. Originals should be available through the local WorkSafe Victoria offices.

Quad bike safety sensitivities

The quad bike safety issue is hotting up on a range of fronts in Australia with the trade unions taking an active interest, meetings between bike manufacturers and safety designers, and the SafetyAtWorkBlog email box filling up with background content and opinion.

One of these emails reminded me of some court action that was taken in 2005 by Honda against the Victorian State Coroner, Graeme Johnstone. Johnstone only recently retired from the position after many years and over that time there were fewer more ardent safety advocates, particularly not any that had the same broad audience and media attention.

In 2005 Johnstone was conducting an inquest into several quad-bike related deaths. At one point he approached a witness outside of the Coronial process to seek their assistance in a training course. Representatives from Honda took exception to this and began court action in the Supreme Court of Victoria to have him dismissed from conducting the inquests.

Justice Tim Smith found Johnstone remained open-minded and impartial throughout the inquest but the unreported judgement available online illustrates some of the tensions of the time and continue to exist to this day.

The judgement mentions the purpose of the inquest:

“The major disputed issues in the inquest relevant to the present application were the following:

whether the lack of roll-over structures on their ATVs caused the death of Mr Crole and Dr Shephard

whether roll-over structures should be installed on ATVs

whether the question of the provision of roll-over structures for ATVs should be investigated further.”

In describing the context of Johnstone’s contact with the witness, Dr Raphael Grzebieta, the judgement hints at the Coroner’s inquest findings (which are not available online)

“In addition, notwithstanding Dr Grzebieta’s conclusion that Dr Shepherd and Mr Crole [the deceased] would have been saved by the fitting of the roll bars and that this would be sufficient to justify a recommendation that they be fitted, the coroner expressed a provisional view that:

“My view at the moment is that it does not give me enough to recommend roll-over protection.””

The Victorian Coroner continues to be active in investigating quad-bike related deaths as seen in this newspaper article from earlier in 2009. A related article quotes John Merritt, WorkSafe’s executive director as saying:

“This inquest came about as a result of a terrible spate of fatalities in the past two years… WorkSafe’s position on this is clear. It believes that a quad bike is like any piece of farming equipment and those who use them need the appropriate training to be able to use them safely.”

If a quad bike is like any other piece of farming equipment, the equipment designers would be reviewing their designs to minimise the risk of injury as the field bin and silo manufacturers have, or the milk vat designers have or the windmill manufacturers have or, indeed , as have the tractor manufacturers who actively promote the safety features of their new tractors.

The unreported Supreme Court judgement provides a good indication of the major players in the quad bike safety discussion, particularly the expert witnesses for and against.

Many of the issues are resurfacing because safety and work practices continue to change and the only satisfactory resolution is when hazards are controlled and harm is reduced and, hopefully, eliminated. 2010 in Australia looks set to be a year when quad bike safety gets a good going over once more.

Kevin Jones

New guidelines on aggression in health care

WorkSafe Western Australia and the other OHS regulators in Australia have produced a very good, and timely, guideline for the “Prevention and Management of Aggression in Health Services“.

The hazard has existed for many years and hospitals, in particular, are torn between the competing priorities of keeping their staff safe and maintaining contact with their clients. Glass screens and wire are effective barriers to violent attacks but it can be argued that such structures encourage aggression by implying that “violence happens here”.

The guidelines, or what the regulators call a “handbook for workplaces” (How does that fit in with the regulatory hierarchy for compliance?), provides good information on the integration of safe design into the health service premises. But as with most of the safe design principles, as is their nature, they need to be applied from initial planning of a facility and so, therefore, are not as relevant to fitting-out existing facilities. In health care, it often takes years or decades before upgrades are considered by the boards and safe design is still a new concept to most.

Another appealing element of the guide is that it does not only consider the high customer churn areas such as casualty or emergency. It is good to see the important but neglected issue of cash handling mentioned even in a small way.

Another positive is the handbook includes a bibliography. This is terrific for those who want to establish a detailed understanding of the issues and the current research. For the OHS regulators, it allows them to share the burden of authority. Just as in writing a blog, by referencing source material the reader understands the knowledge base for the opinions and the (blog) writer gains additional credibility by showing they have formed opinions and advice from the most current sources.

Having praised the bibliography, it is surprising that of all the Claire Mayhew publications and papers mentioned her CCH book “Guide to Managing OHS Risks in the Health Care Industry”, was omitted.

The regulators have often had difficulty determining whether checklists or assessment forms should be included in their guidances. In Victoria one example of the conflict was in the Manual Handling Code of Practice that included a short and long assessment checklist. Hardly anyone looked beyond the short version and many thought this undercut the effectiveness of the publication.

The fact is that safety management takes time and business want to spend as little time on safety as possible but still get the best results. Checklists are an audience favourite and contribute to more popular and widely read guidelines, and broad distribution of the safety message is a major aim.

Interestingly amongst the checklist in this health services aggression publication a staff survey has been included.

(At least) WorkSafe WA has listened to the frustrations of readers who download a PDF version but then have to muck about with, or retype, the checklists. This handbook is also available as an RTF file for use in word processing.

This is the first OHS publication that has come out from a government regulator with this combination of content, advice and forms. It is easy to see how this will be attractive to the intended health services sector.

Kevin Jones

Recent WorkSafe Victoria prosecutions

Over the last two weeks, WorkSafe Victoria has released over a dozen reports and summaries about prosecutions over OHS breaches. Some have been highlighted in SafetyAtWorkBlog posts but there are too many for us to cover in detail or to expand upon.

Below is a list of those prosecution summaries

A Bending Company Pty. Ltd. – 8/12/09
Summary: Crush injury

Compass Recruitment Australia Pty Ltd – 8/12/09
Summary: Unguarded Plant/Labour Hire

McCain Foods (Aust) Pty Ltd – 7/12/09
Summary: Lack of isolation procedures, instruction and training

Barro Group Pty. Limited – 7/12/09
Summary: Fatality (crush injury) and a failure to provide and maintain for its employees, a safe working environment that was without risks to health.

Alan Mance Motors (Melton) Pty Ltd – 1/12/09
Summary: Explosion

Victorian State Emergency Service Authority – 30/11/09
Summary: Fatality, Volunteers, Employer, Drowning

Dynamic Industries Pty Ltd – 25/11/09
Summary: Fall from height – Fatality

The Inflatable Event Company Pty Ltd – 25/11/09
Summary: Failure to inform, instruct, train and supervise

Transglobal Shipping & Storage (Vic) Pty Ltd – 25/11/09
Summary: Forklifts, Failure to comply with a Prohibition Notice

Andrew Irvine – 25/11/09
Summary: Fall from height – fatality

Canningvale Timber Sales Pty Ltd – 25/11/09
Summary: Unguarded Plant

John Mavros – 25/11/09
Summary: Unguarded Plant

Shane Grigg -v- The Precast Company Pty Ltd – 16/11/09
Summary: Fail to provide suitable employment

How much does poor safety management cost?

In late November 2009, the Victorian State Emergency Services (SES) was convicted of OHS breaches over the death of one of its volunteers and was fined $A75,000. The SES has chosen to allocate $A150,000 to a review of its safety management after strong criticism from the Mildura Magistrate, Peter Couzens.

In answer to the title of this article, a minimum of $A225,000 and one person’s life.

In May 2007, a volunteer with the SES a, 54-year-old Ron Hopkins drowned on a training exercise in the Murray River. WorkSafe Victoria provides the following scenario:

“A boat took the four volunteers doing the [swimming] test out into the river and they got in to the water but Mr. Hopkins soon got into difficulty.

An oar was extended to him from the safety boat but he soon disappeared below the water.

Despite the efforts of the SES personnel to find him, his body was recovered the next morning by NSW police divers.

WorkSafe’s investigation found the safety boat had life jackets for the two assessors who were in the boat, but there were no other buoyancy devices which could be used in an emergency.

Some other participants involved in the swim test also experienced difficulties in the cold water and after swimming to the centre pylon of the George Chaffey Bridge, they held on to bolt heads extending from a rubber buffer attached to the pylons at water level. They were later picked up by the safety boat.

At the time of Mr Hopkins’ death the SES had no rule against carrying out swim tests in water where there was limited visibility or where a rescue could be difficult to carry out if someone got into trouble.

As a result, lakes and rivers were sometimes used as well as local swimming pools.

At the time of this incident there were a number of swimming pools with the facilities to help anyone one (sic) who got into difficulties in the Mildura area that could have been used for the test.”

Hopkins had been a member of the SES for seven years and had participated in searches associated with drownings previously, according to one AAP report. The SES expressed regret and sympathy at the time of the incident in a media statement. A short report of Hopkins funeral is available online.

As the Murray River runs on the boundary between Victoria and New South Wales a NSW coronial inquest was planned until the Victorian prosecution was announced.

At the committal hearing in June 2009, the magistrate allowed Hopkins’ widow, Meryl, some input in the Court procedures. And in the November 2009 hearing, Mrs Hopkins’ victim impact statement is reported to have said that:

“… since the incident Mrs Hopkins had felt her life had lost meaning and she sometimes wished she had drowned with him. The court heard she had experienced mental and physical health issues, including post traumatic stress, panic attacks, exhaustion and sleep disturbance.”

In 2003/04 Chris Maxwell undertook a review of the Victorian OHS Act and was critical of the special treatment provided to government authorities at that time and advocated that any organisation that breaches OHS law should be treated equally. Maxwell told the Central Safety Group in 2004:

“I have to address a meeting next week of the Heads of Department to talk to them about the chapter entitled “The Public Sector As An Exemplar”. They need it explained a little more fully. It is good that the Public Sector wants to grapple with the issue “what does that mean for us?” It is a theme of the Report that the public sector should be treated exactly the same as the private. It shouldn’t be otherwise but the history of prosecutions tends to make you wonder about that. I know John Merritt, the Executive Director is absolutely committed to that principle. It is interesting to note that the Education Department has recently received an Improvement Notice.”

In his actual report he advocated that government departments should not only be treated the same but that they should become OHS role models. When comparing the Victorian situation with a UK review he wrote:

“I would go further, however, and suggest that government (as employer and duty holder, and as policy maker) can, and should, be an exemplar of OHS best practice. By taking the lead in the systematic management of occupational health and safety, government can influence the behaviour of individuals and firms upon whom duties are imposed by the OHS legislation.”

If this had been embraced by the OHS regulator and government departments agencies imagine the state of OHS compliance on matters of workplace stress and manual handling in health care and other public service hazards. And maybe, the SES OHS program would have been further advanced than it was in 2007 when Ronald Hopkins died.

Kevin Jones

Grass Roots Safety

For over 40 years, the Australian State of Victoria has had several safety organisations that exist under the radar. In the 1960s the Department of Labour & Industries supported the generation of safety groups but many groups simply appeared.

These groups are, what in contemporary times would be referred to as, networking groups. The members were from a range of industries, often from a particularly industrial part of Melbourne of regional areas. The groups met usually once a month sometimes in a factory canteen to talk about safety and to see if any members could suggestion solutions to particular problems.

One group, the Western Safety Group encompasses the western suburbs of Melbourne, a zone of concentrated manufacturing plants and one which includes a major zone of chemical production. (In my youth I would try to catch lizards in the buffer zones around the plants)

A risk with any grass roots association is to reach a level of sustainability without becoming a commercial entity. WSG and the Central Safety Group have achieved this in different ways. In each WSG meeting, which usually runs for around one hour during the day, there is a 10 to 15 minute window for sellers of new OHS products and services to sell their wares. This is a pragmatic solution to the reality that an OHS network’s membership list could be lucrative.

The Central Safety Group has a different approach because it has developed a different character. The CSG, of which I am a Life Member, has conducted its meetings in the centre of Melbourne and with the decline of manufacturing and industry in the city and inner suburbs, the membership has moved from an industrial to managerial approach.

CSG does not allow for the promotion of OHS services and products and is much the better for it. Allowing commercialism into a community or networking group makes it a trade show or exhibition and defeats the purpose.

These two groups, and there are others, have had a fluid membership that has probably topped no more than about 80 members at a time but this is an advantage. Members appreciate the face-to-face discussion. Meetings have minimal formality and foster camaraderie even amongst industrial competitors.

Mostly the safety groups that have lasted have done so by maintaining an independence from the OHS regulator although most groups have at least one member who works with WorkSafe Victoria. Although some of the groups have existed for decades, there is no mention of them on the WorkSafe website although WorkSafe has made several attempts to create a safety group directory and a meeting of Safety Group secretaries almost 10 years ago began discussions with WorkSafe to establish a single webpage listing.

The groups are also, largely, independent from the larger safety organisations although those safety organisations have made moves to support safety groups. Moves that have been mostly rebuffed.

Over the last few year the Western and the Central Safety Groups have established websites (CSG’s will be functioning in December 2009) as the most efficient way to communicate with members in between the monthly meetings.

Such networking groups have huge advantages over professional associations who have such a broad range of issues to consider. The safety group “model” talks about safety and funds itself from annual membership fees of much less than $A100 in most circumstances.

In some circumstance “small is beautiful”, welcoming, professionally satisfying and productive. Victoria’s safety groups are a good example of groups of like-minded OHS professional helping each other out rather than trying to climb the greasy pole.

Kevin Jones

Tag: WorkSafe

Cabinet-making compliance

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Forklift death and safety posters

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Quad bike safety sensitivities

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New guidelines on aggression in health care

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Recent WorkSafe Victoria prosecutions

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How much does poor safety management cost?

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Grass Roots Safety

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