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Construction induction - some welcome news

OHS regulators in New South Wales, Queensland, and Victoria have recently announced that these three jurisdictions will now recognise each others general OHS safety inductions for construction work.  This induction is commonly referred to as the "green card" in NSW, the "blue card" in Queensland, and the "red card" in Victoria. 

There is a national code of practice which establishes common standards for induction training for those engaging in construction work.  This includes three types of training:

Until now, the states have not recognised training accredited in other jurisdictions.  This has created annoying and costly administrative burdens for employers and contractors working across state boundaries.  It has been particularly troublesome to those in border areas such as northern NSW, the Gold Coast, and the Riverina.

Now all we have to do is gain commonality on the different safety acts, regulations and codes of practice.  These interstate rivalries add enormous costs to Australian industry and are real burden to those competing in the Global economy.

How would you investigate an accident in your workplace?

The saying “Those who do not learn from their history are doomed to relive it.” has been attributed to many great minds.  When it comes to accidents and injuries, it is definitely true. 

Many organisations have the same kind of accidents over and over again.  This is often due to a fatalistic view that nothing can be done.  This is a self fulfilling prophecy.  I have seldom investigated an accident without finding at least something that would have prevented, or at least reduced the likelihood, of the incident occurring again. 

All compensable injuries should be investigated.  The investigation should be documented using an incident investigation report form.  

The investigation should be conducted by line management and reviewed  by senior management and employee OHS representatives.  

Use the following steps when investigating an employee injury: 

Make the area safe 

The last thing we want to do is injure anyone conducting the investigation.   Ensure any life safety and first aid actions have been undertaken.  Isolate and tag out any moving plant, and tape off the area.   You may have statutory obligations for reporting the incident, and ensuring that there is no tampering with the evidence.

Establish who, what, where & when 

Establish a time line of events.  Get the names of all participants and witnesses. 

Conduct a thorough inspection of the area 

It is extremely valuable to take photos of the area for later reference.  The availability of digital cameras means we can take as many photos as we like, and get prints as quickly as needed.   

Conduct thorough interviews with all involved 

Conduct the interviews in a quiet area where privacy can be guaranteed, however, it may be necessary to take the witness back to the scene of the accident to “walk through” what happened.  

Avoid leading questions.  Try to ask open ended questions.  “What did you do next?” is preferable to “Did you press the button?”   

Review existing risk assessments and safe work procedures 

You ought to have risk assessments and safe work procedures in place for all high risk manual handling tasks, plant, and hazardous substance.  Take the opportunity to review these procedures and risk assessments.  

Did we have a risk assessment and safe work procedure in place for this risk?  If not, then there may be other serious risks that we’ve missed.  On the other hand, there may be a well established safe work procedure in place, that was not followed.  This may be due to a lack of training, or it may indicate a need to counsel and discipline those who did not follow these procedures. 

Closely review other systems and documentation that may be relevant to the accident, including training records, maintenance procedures, and hazard inspections checklists. 

Identify the causes 

At this stage you will have as much information as is likely to be available.  There is frequently more than one cause; but if we are interested in prevention, the important thing is to formulate actions that will control all possible causes of future accidents. 

Establish appropriate controls 

Remember the hierarchy of controls.  Eliminating the risk altogether, or engineering controls, are going to be more effective than procedures or personal protective equipment.   Establish a clear action plan to implement all the controls required, and then monitor implementation & results.  Without effective implementation and follow up, the accident investigation will have been a waste of time.  

It is not enough to learn the lessons of history, we must act upon them.

Occupational Health and Safety for the SME

Accidents and injuries to employees or sub-contractors are damaging to any organisation; but for an SME – (Small to Medium Enterprise), they are particularly costly.

Loss of a single employee on workers compensation for a month represents 10% of your workforce if you only employ ten people.  In the smaller, owner operated enterprise, the fines for breaches of the Occupational Health and Safety legislation come straight out the owner’s pocket.  

Directors of small organisations don’t have layers of management between them and a prosecution, nor do they have corporate legal counsel and in-house safety advisers.  In some jurisdictions penalties include imprisonment. 

Smaller enterprises face the same exposure to risk as larger companies in the same industry;  but they often cannot afford the complex systems and procedures to control those risks.  In an SME, systems and procedures have to be simple, but effective.  The Occupational Health and Safety programme has to be able to meet the same legislative requirements faced by the largest of organisation.  The directors of the SME must be able to establish a credible legal defence, relying on documentation that can be readily maintained by limited staff numbers with little safety expertise.   

If you are establishing a small business, you will also need to implement a practical and effective Occupational Health and Safety programme; but where to begin?  

An excellent source of information is the safety regulator in your state.  They all have websites.  A wide range of publications are available for free download, including legislation, regulations, codes of practice and guidelines.  Some, such as the New South Wales WorkCover make a point of providing help for small business.  The NSW WorkCover website has a small business kit available for free that is a good starting point.  The sites also have links to other sources of information, including workers compensation requirements. 

Advice and assistance may also be available from your employer organisation, trade or professional body.  

Your insurance broker and workers compensation insurer will also be able to provide assistance.  Your insurer will be particularly useful in providing assistance with rehabilitation requirements and return to work programmes. 

There are a number of basic elements in any good safety programme, no matter what size the business. 

An important requisite is the involvement of the employees.  Your employees are going to have the first opportunity to identify hazards,  and you will have to rely on their skill and training to implement safety procedures.  Frequently employees are required to work with minimal supervision, and yet still follow safety procedures and not cut corners. 

Consultation with your employees is not only a good idea, it is also a legal requirement.  The specific requirements vary amongst jurisdictions, but you will need to have a workable system of employee consultation.  In a small enterprise, if you need a formal safety committee to consult with your staff, you have bigger problems than safety!  

Your method of consultation may be regular staff meetings, “toolbox” meetings, an elected safety representative, or, when you are big enough, a safety committee; but you will need to be able to document how you consult, and what you consult about.  

Employee training is just as important in safety as other areas of the business.  

Over half of all injuries occur to staff who are in their first twelve months of employment.  Effective safety induction training is therefore critical.  This will be greatly assisted if you have a well documented induction package for all new employees and sub-contractors.  Such a package should include  Occupational Health and Safety rules, fire and evacuation procedures, and first aid arrangements. 

There may also be statutory requirements for licencing of employees undertaking specific activity (e.g. forklift drivers etc.).  There may be a need to have a trained first aid attendant, and, depending upon your size and jurisdiction, you may have to have a return to work coordinator appointed and trained. 

If you have formally elected employee safety representatives or a safety committee, they will also need training.  The amount of training required varies from state to state.  In New South Wales, for example, an accredited four day course is mandatory.  In Queensland, the requirement can be met with a days training, and there is considerable flexibility in which course is provided. 

Depending upon the nature and risks of your industry, you may have to prepare documented risk assessments.  Documented risk assessments are required for:  plant, high risk manual handling tasks, and the use of hazardous substances.  

There are also industry specific requirements.  For example, if you undertake construction work, you will almost certainly have to prepare risk assessments, safe work method statements, or job safety analysis (JSA) for that work. 

While it sounds like a lot of paperwork, standard formats are available from the safety authorities in your state.  Most SMEs only undertake a limited range of work, and therefore need only prepare a limited number of risk assessments. 

Documented safe work procedures are an excellent training tool for new employees, and a good reminder for experienced staff. 

An extremely useful practice is to undertake a regular hazard and housekeeping inspection of your operations, using a checklist.  The frequency and detail of such inspections depends upon the nature and risks of  your business.  A checklist provides a useful reminder of what to look for, and makes it easier to delegate the inspection tasks as the business grows.  In the event of an incident, the checklist may prove to be an invaluable piece of evidence in establishing your due diligence in actively minimising risks. 

Inspections should not be confined to employee exposures.  If the public use your premises or facilities, their safety is paramount.  A daily inspection before opening your doors is an excellent practice.  Inspection routines are also useful for plant and equipment, and for vehicles and mobile plant. 

Testing & Tagging of Electrical Appliances

Both New South Wales and Queensland have recently amended their requirements on testing and tagging.  The net result has been to effectively eliminate the need to test and tag electrical appliances used in low risk environments such as offices.  

This is a welcome change, as the requirement to test and tag desk top PCs was considered unnecessary by many safety professionals.  

It will however, cause dismay within the burgeoning testing and tagging industry that has grown up to meet the original requirements.   Once again, a change of mind by the regulators has damaged those trying to service industry.  In New South Wales this follows the scrapping of the premium discount scheme, and the abandonment of all but two accredited training courses.

Sample Hazard Inspection Checklists:

Discover the benefits of regular hazard inspection 

What if you could look into the future, see what causes your next accident, and fix it now?  You can!  That’s exactly what you are doing when you conduct a hazard inspection.

Of course, most managers and supervisors say that they already spend a lot of time in the workplace, and if they see a problem, they fix it.  That may be true, but unless you specifically focus your attention on Occupational Health and Safety concerns, you may miss otherwise obvious hazards.  

Use a checklist, and it forces you to check the specific hazards related to your business.  A typical factory checklist will cover such items as:

þ            Housekeeping and trip hazards

þ            Fire protection

þ            Machinery guarding

þ            Personal protection equipment (PPE

þ            Rubbish removal

þ            Aisle ways

þ            Lighting

þ            Electrical safety

þ            Compressed air

þ            Hazard substances

þ            Signage

Legislation requires that all risks be identified, assessed, and controlled.  Using a hazard inspection checklist documents this process, and provides a useful record of the actions you implement.  In the event of a prosecution these records will be an important component of your defence, as it goes to establishing that  you used all due diligence to prevent the incident.

The continual flow of product means that the hazards, especially poor housekeeping, can develop quickly.   To be effective, inspections need to be conducted both frequently and regularly, by the people responsible for preventing accidents.  Table 1 gives an example of a typical hazard inspection schedule: 

Table 1 

There may be specific areas that require a more frequent inspection schedule.  For example, if you have a display area, your sales staff should inspect the area every day before opening it to the public, especially if you have a play area set aside for children. 

As you can see from the table, employees and their representatives should be included in the inspection routine.  However, the responsibility for identifying and eliminating hazards rests upon management and it cannot be delegated.  The inspection routine should be developed in consultation with employees, but management and supervision must take the lead. 

Delivery vehicles, forklifts, and other pieces of plant, such as elevating work platforms, presses, and saws should also be included in the inspection routine.  Checklists can be prepared for each piece of plant, and completed every day, before start up, by the operator. 

Managing the paperwork can be made easier by binding the checklists in booklets for each area, or checklists can be laminated and posted adjacent the area or plant. 

Hazard inspection is a cheap and easy way to identify hazards before a costly accident, and is a major element of any successful Occupational Health and Safety programme.

Deadline: NSW Green Card (Construction Induction)

WorkCover NSW has reminded all accredited trainers that the deadline for conversion to the new "C" Green Card is 29 March 2006.  Holders of the OHS general induction for construction work certificate issued by trainers can take their certificate and proof of identity to any WorkCover office to have their certificated updated.

After the deadline, the only way to get the new card will be to do the OHS construction induction course.

RABQSA Certification

Chris Jones is certified by RABQSA International as a principal auditor of OHS Management Systems.

RABQSA is one of the worlds leading accredited certification body dedicated to the recognition of professional competence.

Your occupational health and safety management system can be audited to the Australian Standard on OHSMS - AS4801.  Auditing your programme to this standard provides your clients with the assurance that your organisation has an effective safety programme. 

Facts you should know about managing the safety of sub-contractors

 A sub-contractor on a construction site is working at height without the protection of a scaffold or safety harness.  Who gets prosecuted?  Typically, both the Principal Contractor and the sub-contractor face prosecution.  But what if the individual who was undertaking the work is himself a sub-contractor to the firm supplying (say) the windows. 

 All three parties are likely to face prosecution. 

 Many suppliers of building products and services contract out  installation of their product or delivery of their service to a third party.  If your company does this, then it does not relieve your company of it’s legal responsibilities for the safety of your sub-contractors while working on a construction site.  This is, of course, a shared responsibility, but being prosecuted in good company does not relieve the pain.

What are the responsibilities of a sub-contractor?  

For a start, they include all responsibilities of any employer, including:  Identifying, assessing, and controlling all hazards; providing a safe work place; providing safe work methods; providing adequate supervision and training; and having an adequate first aid and rehabilitation procedure.  These responsibilities have to be implemented in consultation with employees. 

There are some specific safety responsibilities that arise from undertaking construction work.  These include:

 The principal contractor should not allow a sub-contractor (or any person) to commence work until these controls are in place.  In addition, the principal would normally be obliged to prepare a detailed site safety management plan, including safe work method statements.  

You should be aware that the legislative responsibilities of principal contractors and sub-contractors do vary from state to state.  For example, in New South Wales, their can be only one “principal contractor” appointed by the owner, but in Queensland, “principal contractors” can be nominated for specific sections of the work, usually by the builder. 

Frequently, the principal will specify how these responsibilities are to be met in their contractual documentation.  For example, it is usual for the principal contractor to provide the site induction, but put the obligation to provide safe work method statements upon the sub-contractor. 

If your contract specifies that you supply and install your product, the fact that you sub-contract out the installation stage, does not relieve you of your responsibilities to ensure that the work is undertaken safely.

To effectively manage these responsibilities it makes good sense to clearly define what you expect from your sub-contactors as far is safety is concerned.   You should clearly establish:

 You should establish how these controls are to be monitored, including who on your staff will audit and inspect your sub-contractor’s compliance, and the reports you expect.

 Don’t forget to make arrangements to keep copy of all this documentation, and archive it after the project is complete.  Documentation is extremely valuable if defending a prosecution or common law action. 

 The best defence is, of course, to get it right in the first place.  Clearly documenting and defining what is required, and who is responsible, then monitoring implementation, goes a long way towards establishing and maintaining a safe work place.

Premium Discount Scheme to Be Wound Down

The New South Wales government and WorkCover NSW have announced that the Premium Discount Scheme is to be wound down from 1 July 2005.  The broad details:  

On the positive side, the Workers Compensation premium calculations are being changed significantly, and it is intended to give more incentive to employers to control claims costs.

Safety Coaching for Managers

Sound familiar?  There will always be situations that are outside of the normal scope of your safety programme, and yet lead to poor results, increased workers compensation costs, and even prosecutions.  Safety Coaching is a new service that can address these issues, to help managers formulate effective short term responses and long term controls. 

Occupational Health and Safety legislation in Australia has had the effect of placing a heavy burden of documentation on management.    There has been a trend for major public and private sector organisations to demand that their suppliers have a safety programme audited to AS 4801 or equivalent.   This has exacerbated the concentration on documentation.  

Having a documented safety management system is, of course, a significant assistance in maintaining an effective OHS programme.  However, in the process, it is easy to lose sight of the real objective – reducing the number and severity of injuries, accidents and exposure to ill health.  

Many of the OHS challenges faced by management cannot be dealt with by the production of another form, or by completing a risk assessment.  For every complex problem there is a simple solution that won’t work.

Managers need access to sound advice if they are to formulate responses to these challenges.  It needs to be provided by someone with the practical experience necessary to gain the trust of managers.  Advice needs to be confidential, and should go well beyond the standard prescriptions of legislation.

Sound management of OHS can realise opportunities for significant profit growth.  

Safety Coaching provides a cost effective basis for providing management with the kind of advice they need to achieve continuous improvement in Occupational Health and Safety. 

How does it work?  Managers are provided with a regular, coaching session on an agreed schedule.  Coaching can be provided to any or all managers in your organisation, from the CEO to the shift managers.  Each session lasts at least an hour. 

The frequency of the sessions will be agreed at the outset, and kept under review.  Sessions would normally be scheduled monthly, however they can be held more frequently as the need arises.  More frequent meetings are advisable if implementing an OHS programme. 

The specific exercises conducted and the matters discussed depend upon the agreed objectives.    These are not just discussions, however, and the participant is provided with an agreed action plan at the end of each session. 

Labour Turnover and Safety

A recent experience with a client has highlighted the impact labour turnover can have on an organisation's Occupational Health and Safety programme.

A review of statistics indicates that the number of compensable injuries and days lost has been increasing over the last twelve months.  This comes after a number of years of generally good performance.  The level of attention to the safety management systems and procedures, housekeeping, and training, as measured by the external audits conducted by Chris Jones Risk Management have been maintained, or improved.  

Where has the increased injury experience come from?  A review of the HR statistics identified the most likely culprit.  Over the last three years, labour turnover, measuring the number of terminations as a percentage of the labour force, has increased from around 20% to over 40%.  At the same time, the number of employees overall has increased by nearly 10%.

What impact does this have on the overall injury rate?  A study completed for the Queensland department of safety some years ago, found that nearly 55% of the lost time injuries reported by the respondent companies were suffered by employees who had been employed for less than twelve months.  Increasing the number of employees in their first twelve months of employment will lead to an immediate increase in this "at risk" group.

This raises two additional questions.  Why does this happen; and what to do about it?

New employees are likely to be at a greater risk of injury for a number of fairly obvious reasons:

Dealing with the problem requires two distinct, but complementary strategies.

Lets talk about ensuring the safety of new employees first.  Strategies include:

Induction training should be thorough and ongoing, with provision for follow up well beyond the initial three month probationary period.  Induction training should merge into the ongoing competency training programme.  Induction training should be refreshed annually for all employees.  Sub contractors and casual employees should be provided with the same level of induction training and supervision as new employees.

Supervisors should be trained in induction, and in the need to counsel and supervise new employees.  They should understand that this process will go on for as long as a year, and will be necessary for experienced employees changing their role.  

On the job training should be assessed by supervisors or senior operators against agreed and documented standards.  Minimum periods of time "under - training"  should be established for all high risk tasks, and these should be adhered to.

Reducing labour turnover is essential, as controlling the safety of new employees is dealing with the symptom, not the cause.

Interestingly enough, experience indicates that organisations with a good induction process usually have a low labour turnover.  The feeling of achievement that comes with competency helps commit a new employee to their new employer.

Psychologists talk about hygiene needs and motivation needs .  Hygiene needs (or factors) are the basic requirements that an employee has of their job.  This includes basic conditions, wages, hours of work and amenities. Safety is a hygiene factor.  These factors are relative.  Employees compare their conditions with other, similar employment options.  If these aren't right, then an organisation will have trouble getting, let alone keeping staff.   Because of their relative nature, an organisation that once had acceptable basic conditions could find itself left behind.  Their competitors may be offering higher wages and better conditions, or a new, more attractive industry may open up.

Motivational factors are what keep employees for the long term.  These include satisfying the employees need for belonging and for achievement.  It ought to be obvious to a manager that employees are going to want to work in an environment where they have the opportunity to make a meaningful contribution, where they are valued, and listened to, and where there is the opportunity for promotion.  Genuine recognition is a powerful motivator. 

Sadly, too many organisations  recognise the value of such motivational factors through lip service alone. 

PQC Audits in Queensland

Chris Jones has been appointed an accredited provider under section 177 of the Workplace Health and Safety Act in Queensland.  He has been accredited to conduct OHS management system audits, assess construction workplace plans and conduct on site inspections.

Pre-qualified contractors are able to provide construction work in accordance with Queensland state government contracts.  Companies wishing to participate in the pre-qualified contractor system must meet a range of requirements including having an Occupational Health and Safety management system that conforms to the Australian Standard AS 4801.