WorkSafe – Page 27 – SafetyAtWorkBlog

WorkSafe Victoria’s plans for the future

At the Safety In Action Conference in Melbourne last week the CEO Of WorkSafe Victoria, John Merritt, told the delegates that over the coming weeks and months we will see the following:

The “Homecomings” series of workplace safety ads have been purchased by Washington State and will be broadcast shortly. Merritt expects the campaign to spread across the United States and, maybe, into Canada;
WorkSafe has developed fake vending machines for use at exhibitions and trade displays which display replacement body parts, fingers as USB sticks (pictured below);
WorkSafe will be introducing an advisory support scheme for the medium-sized businesses, modelled on the Small Business scheme;
A team of advisers is targeting poor-performing large employers. Merritt said that “50 large employers account for 11% of all injuries WorkSafe sees”;
A major street art campaign will be launched by the end of April 2009
A new series of ads to be run on regional and rural television based on local sporting legends as part of the country football and netball sponsorship;
The graphic young worker advertisements will be re-run at appropriate times. Merritt acknowledged that the ads have generated many complaints but are transmitting the right message to the target audience.

WorkSafe will also maintain their focus on the “jugglers” those business people or administrative staff that are essential to each organisation because they are in charge of dozens of business processes. WorkSafe surveys of the jugglers have shown that less than 10% of their time is spent on OHS matters, around 30% of them are trained in their tasks and most operate without support.

Kevin Jones

Global pressures on Australian workers compensation schemes

Around 18 months ago the Victoria Government launched WorkHealth, a health prevention program that would be funded from the interest generated from the pool of workers compensation funds. SafetyAtWorkBlog has previously questioned how the program will be funded when its income source is likely to have been severely reduced due to the global economic problems.

On 1 April 2009 WorkCover in South Australia reported a half-year net loss of $313 million. WorkCover CEO Julia Davison said in a media release that

“the global crisis is, as expected, taking its toll. In the last six months stock markets have declined, investors have experienced significant losses, and interest rates have fallen significantly,” she said “Like all investors, WorkCover has been hit hard by the global financial downturn.”

Earlier in March 2009, the Chair of the WorkSafe Board Elana Rubin said

“the significant downturn on the world financial markets and reduction in interest rates had combined to drive a net loss of $1.42 billion for the half year. Whilst interest rate reductions are good news for those of us with mortgages, they have the opposite effect on our scheme – in the half year to 31 December 2008, the unprecedented level of interest rate cuts negatively impacted our net result by $645 million.”

On 1 April 2009 SafetyAtWorkBlog asked John Merritt why WorkHealth was not mentioned as part of his keynote presentation at the Safety In Action Conference. He reiterated the importance of the program in easing the recovery time, particularly, for manual handling injuries but acknowledged that the program’s funding source was based on interest

“from the [$600 million of the assets of the] workers compensation scheme over the next five years ….well there used to be interest from assets – there should be one day, there will be again – around $40 million each year for the next five years will be invested in worker health.”

It is good to hear that the WorkHealth program is going to continue but the fragility of the program’s funding should have been evident in the planning phase. Governments around the world are pulling back on government funded programs in a wide range of areas. Ideas that seem good in the good times are now looking like luxuries. It will be interesting to see if WorkHealth continues in the WorkCover area or moves to Health, where many of its critics have always said it belongs.

Kevin Jones

BHP Billiton deaths – government intervention

The West Australian government has taken the extraordinary step of talking directly to the senior management of Australian mining corporation BHP Billiton about the recent spate of fatalities at BHP’s worksites. The cynic would say that we now know the number of workplace fatalities that it takes to gain a Minister’s attention however, the fact that this high-level meeting is occurring is a clear indication of the severity of the issue. It may also indicate just how effective a union safety campaign can be. It is just regrettable the campaign is generated from multiple fatalities rather than preventive issues.

According to the Minister, Nick Moore

“Mines inspectors will now issue prohibition notices to BHP under the Mines Safety and Inspection Act 1994 – basically a stop work notice – for any breach of work practices or work place conditions that may constitute a hazard to workers.”

Mr Moore went on to say, according to one media article, “…the policy would remain in force until he had seen the report of a Section 45 review currently under way into safety management systems at all of BHP Billiton’s Pilbara iron ore mine sites.”

The article noted that

“The review, requiring independent engineering studies of BHP worksites to be carried out, is expected to be completed by April 30.”

BHP, meanwhile, has given guarantees of the following safety improvements:

Reduce site access;
Improve contractor management;
Enhance existing strategies to prevent excess working hours;
Move rail operations from the Mine Safety and Inspection Act to the Rail Safety Act;
Enhance traffic management standards, and;
Suspend all non-essential work outside daylight hours

Kevin Jones

Company directors and OHS obligations

Since the final report of Australia’s Review into Model OHS Law, discussion has been remarkably quiet. The ACTU was scheduled to meet for discussions on the report last Monday and no public statements have been made. Most of the labour law firms have been quiet also. It is fair to say that most are trying to digest the 480 page report.

But one employer group has provided an opinion piece in the business pages of The Age newspaper on March 2 2009. The article says little that is new but it is mischievous in some of its comments.

John Colvin, CEO of the Australian Institute of Company Directors, writes of his concerns about increased exposure for the Institute’s members. Colvin is concerned that upcoming OHS laws may be unprincipled and counterproductive.

The Model OHS Law report has said that it supports the statement of OHS principles as are already in place in the Victorian OHS legislation. According to WorkSafe Victoria

“The Act sets out the key principles, duties and rights in relation to occupational health and safety. The general nature of the duties imposed by the Act means that they cover a very wide variety of circumstances, do not readily date and provide considerable flexibility for a duty holder to determine what needs to be done to comply.”

These principles are

4. The principles of health and safety protection

(1)    The importance of health and safety requires that employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.

(2)    Persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable.

(3)    Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings.

(4)    Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks.

(5)    Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.

The article is mischievous in a number of areas. Colvin mentions how the current laws vary from state to state. He mentions that

“Some carry personal criminal liability for directors, even where they may not have had any personal involvement in a breach. In some states, they reverse the onus of proof, removing the presumption of innocence, and offer narrow legal defences and limited appeal rights.” (my emphasis)

Colvin is talking primarily about New South Wales, the State that everyone agrees has the OHS law that is most onerous for employers. However, the New South Wales union movement has been remarkably quiet and flexible on the issue of its OHS laws. There has been some rhetoric for the benefit of its members and to retain some ideological “face” but the union movement across Australia is coming to accept the reality of better OHS outcomes from nationally harmonised legislation.

Repeatedly the National OHS Law Review panel stated that it has based its decisions on the structure of the Victorian legislation as, for one reason, it has undergone the most recent legal review. Colvin’s focus on New South Wales OHS law is outdated, reflective, and unhelpful.

Colvin mentions a survey that found

“..more than 65 per cent said the risk of personal liability occasionally made them take an overly cautious approach in the boardroom and another 13 per cent said this happened frequently. Almost two-thirds felt this had inhibited an optimal business decision to a medium to high degree.”

This indicates that the risk of being prosecuted on OHS breaches is being discussed at board level – great result. Whether this translates to the board improving the OHS performance of their company is doubtful as Colvin’s article implies that directors are looking at ways of avoiding responsibility and liability rather than accepting the reality of their OHS obligations and working to improve them.

Colvin says that

“Directors should not be held criminally liable for a company’s misconduct simply because they are a director.”

Directors are not prosecuted for OHS breaches because of their status or position. They are prosecuted because of the decisions that they make and the ramifications of those decisions. If a director is dismissive of OHS issues and palms them off to someone else in the organisation and an incident occurs, should not the director be called to account for why they considered the safety of their workers to be unimportant, even when for over thirty years directors and executives have had responsibility for OHS compliance?

Colvin believes that holding directors accountable implies that directors have more control over the actions of their employers than they do. Current business and management theories promote the position that directors should be more in touch with what is happening on the shopfloor. The theories promote informed leadership and an increased awareness of how the company and its people work, they promote a level of engagement that creates a positive workplace culture and displays leadership. Colvin seems to be encouraging the opposite.

He ends his article with

“More fundamentally, it unfairly treats directors more harshly under the law than the rest of the community.”

He misunderstands the application and aims of OHS law. All people in a workplace have a responsibility to ensure a safe and healthy workplace for themselves, for employees and for members of public on and off their worksites. Directors have more detailed obligations, but not less, because they have control of production and benefit more from the success of the company than do the employees.

Ultimately, Colvin’s article reflects the misunderstanding of OHS that directors and companies have had for decades. Companies need to realise that the best performing companies in OHS, and those with the best productivity, are those that have embraced their obligations for safety and have incorporated the principles within their own culture.

The review into model OHS law has indicated the way of the future and company directors would be well-served to realise this and get on board. Being left behind will benefit no one, especially the shareholders.

Kevin Jones

Teenage worker’s death

AAP and The Australian newspaper today reported on the death of an 18-year-old in a factory located just north of SafetyAtWorkBlog’s office on 18 February 2009.

Initial reports say that the man was “dragged head first into a box-printing machine” when his clothing was caught. Firefighters took 45 minutes to extract the worker who died later in hospital.

It will be interesting to follow this case as the investigation and potential prosecution proceeds. It fits all the elements of safety campaigns over the last few years – young workers, inadequately guarded machines, risk assessments, risk controls, unnecessary deaths.

It is only a couple of months until International Workers’ Memorial Day when this worker’s name will be added to the annual roll-call of the dead.

Kevin Jones

Upcoming OHS Videos

At the end of March 2009, the Safety Institute of Australia (Victoria Division) is conducting its annual Safety In Action conference. In order to help promote the conference the SIA organised for several conference speakers to be filmed.

The filming occurred in early-February 2009 and the short 10-minutevideos will be available at the Safety In Action website in a couple of week’s time. The subjects of the videos are:

Jill MCabe of WorkSafe Victoria who talks about the research WorkSafe has undertaken in order to establish a better profile of their clients so as to improve assistance and advice. Jill has long experience in industrial relations and now focuses on health and safety.

Helen Marshall was appointed Australia’s Federal Safety Commissioner in August 2008. Helen discusses her experiences in dealing with a national system for safety on building and construction sites and reveals her first ever “real” job.

Dr Martyn Newman explains what he means by describing some leaders as “emotional capitalists”. He sees that as a good thing to be but isn’t ego an emotion and greed an emotion? And aren’t those the emotions that that have generated a lot of our social and financial heartbreak? Is there is such a thing as an “emotional socialist”? Dr Newman’s presentation at the conference will be popular but it’s application may be obscure or challenging.

John Merritt, the CEO of WorkSafe, is genuinely passionate about improving society and seems to feel that OHS is a valuable way to improve the quality of people’s lives. [I first spoke with John in the early 1990s while he was in the ACTU. The only thing I knew about him was that he had written a book about shearers. I spoke next with him while he was CEO of the National Safety Council and now (twice) while he is at WorkSafe. If our paths continue to cross, he owes me a beer and two hours of unrecorded conversation in a comfortable bar.]

Barry Sherriff, a lawyer with Freehills, has just come off nine months of serving on the National OHS Review panel and is hamstrung in what he can say as the government is yet to release the final report. His presentation was measured and cautious.

The videos provide an interesting cross-section of OHS approaches in Australia, several overlap and some are “out there” but the best that can be said is that one learns. This makes for a terrific Safety In Action conference.

Kevin Jones

Evidence of horse racing risks

The Australian Medical Association (AMA) has commented on an article in the Medical Journal of Australia (MJA) entitled “The incidence of race-day jockey falls in Australia, 2002-2006”. The AMA summarises the report’s statistics

“Falls occurred at a rate of 0.42% in flat racing and 5.26% in jumps racing. Although most falls occurred pre- or post-race, falls occurring during the race resulted in the most severe injuries.”

However, the statistics, that can only be accessed fully by subscribers, should be looked at more closely in order to investigated the most appropriate control measures. It should be noted that the risks for horses is not part of the report.

The report finds

“There were 3360 jockey falls from 748 367 rides. Falls occurred at a rate of 0.42 per 100 rides in flat races and 5.26 per 100 rides in jumps races. In flat racing, 54.6% (1694/3101) of falls occurred before the start of the race and 11.1% (344/3101) of falls occurred post-race. The 34.3% (1063/3101) of falls that occurred during flat races resulted in 61.7% (516/836) of the injuries sustained. In jumps racing, most falls occurred at a jump and 9.7% (25/259) of jockeys who fell were transported to hospital and/or declared unfit to ride. There were five fatalities resulting from falls during the study period, all in flat racing. Fall and injury rates were comparable with those found in the United Kingdom, Ireland, France and Japan.”

The authors found that

“Being a jockey carries a substantial risk of injury and death. Although rates of injury in Australia are not exceptional by international standards, there can be improvement to safety standards in the Australian racing industry.”

Most reports end with statements that seem blatantly obvious but it is worth considering the findings that the five jockey fatalities were “all in flat racing”. These finding would question the strategy of some safety lobbyists who focus on jumps racing.

The available information says that 85% of falls resulted from the jockey being dislodged. More useful information would come from looking at the specific causes of the injuries – head trauma, shoulder injury, back… This information is not publicly available but is crucial in determining what type of PPE jockey’s should wear, if any. Much work is aimed at helmets and protective vests, and banning jumps racing with which the statistics from this report may assist.

WorkSafe Victoria’s guide on track safety mentions some track or barrier design changes. It would be useful to know what injuries resulted from jockeys falling on railings in order to verify the value of the redesign recommendations. Granted the WorkSafe recommendations don’t specifically address race day conditions but in terms of track design the situation is not relevant.

Specific information on jockey injuries in Victoria was reported to WorkSafe in 2006. The report found

67% of falls injuries recorded in the RVL [Racing Victoria Limited] data set are suffered by jockeys at race events;
33% of falls injuries recorded in the RVL data set are to licensed jockeys at track work;
43% of falls injuries recorded in the VWA [Victorian WorkCover Authority] data set are to track work riders (excluding licensed jockeys) at track work.

Control measures are recommended in the WorkSafe report, a report that was not referenced in the MJA article even though other work by one of the report’s authors, Steve Cowley, is mentioned.

All reports and investigations have their limitations and specific aims but it is disappointing that the MJA article was more interested in benchmarking than proposing safety solutions. The researcher’s aims for the MJA report was stated as

“… to determine the incidence of falls, injuries and fatalities occurring at race meetings in Australia, and to compare them with overseas rates.”

An opportunity was missed to provide some information on the safety changes that could reduce the injuries to, and fatalities of, jockeys.

Kevin Jones

Tag: WorkSafe

WorkSafe Victoria’s plans for the future

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Global pressures on Australian workers compensation schemes

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BHP Billiton deaths – government intervention

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Company directors and OHS obligations

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Teenage worker’s death

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Upcoming OHS Videos

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Evidence of horse racing risks

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