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OHS Changes and how to Embrace the Risks A call to action

OHS Changes and how to Embrace the Risks A call to action. Mike Boyd  QBE Workers Compensation, OHS & Risk Management Consultant. 17th November 2012. Session Outline. Safe or Not? An introduction The nature of OHS changes Law & financial risks Enforcement How to embrace risk

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OHS Changes and how to Embrace the Risks A call to action

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  1. OHS Changes and how to Embrace the Risks A call to action Mike Boyd  QBE Workers Compensation, OHS & Risk Management Consultant 17th November 2012

  2. Session Outline • Safe or Not? An introduction • The nature of OHS changes • Law & financial risks • Enforcement • How to embrace risk • Law, enforcement & financial changes • Workplace risks • Key processes • Resources

  3. Mobile Libraries Safe or Not?

  4. Safe or Not? – My first thoughts... Heavy vehicles – road accidents Isolated workers Electrical connection - falls Slips & trips Moving books – back injuries Assaults Computer workstations – wrist injuries Stress Fatigue Image courtesy of dan / FreeDigitalPhotos.net

  5. Safe or Not? – My first thoughts… ‘Very risky’ Heavy vehicles – road accidents Electrical connection - falls Moving books – back injuries Isolated workers Computer workstations – wrist injuries Stress Fatigue Slips & trips Assaults Image courtesy of dan / FreeDigitalPhotos.net

  6. Safe or Not? – I had a closer look • Statistics • Googling mobile library safety • Visited a modern mobile library in action • Discussion with two experienced operators • Discussion with mobile library manager

  7. Safe or Not? – I had a closer look • Statistics • Googling mobile library safety • Visited a modern mobile library in action • Discussion with two experienced operators • Discussion with mobile library manager

  8. Statistics 1. Statistics

  9. Safe or Not? – I had a closer look • Statistics • Googling mobile library safety • Visited a modern mobile library in action • Discussion with two experienced operators • Discussion with mobile library manager

  10. 2. Googling Found good resources! Specifications and guidance re. safe mobile libraries and services Did not find many examples of risky mobile libraries All good so far!

  11. Safe or Not? – I had a closer look • Statistics • Googling mobile library safety • Visited a modern mobile library in action • Discussion with two experienced operators • Discussion with mobile library manager

  12. Looking good

  13. Looking a lot better than this…

  14. Safe or Not? – I had a closer look • Statistics • Googling mobile library safety • Visited a modern mobile library in action • Discussion with two experienced operators • Discussion with mobile library manager

  15. Discussions • About 40 years experience in total at the meeting • OHS has improved dramatically over the years • Good vehicles were a major part of that • Neither the mobile library staff or the operators had any OHS issues

  16. Safe or Not? – Looking good so far… • Statistics • Googling mobile library safety • Visited a modern mobile library in action • Discussion with two experienced operators • Discussion with mobile library manager

  17. But…

  18. OHS Changes 1. Law & financial risks

  19. Our world has changed – Heavy emphasis on Work Health and Safety

  20. Changes to OHS law • ‘National’ legislation • Adopted, or soon to be adopted in • QLD, • NSW, • ACT, • SA, • Tas • Not adopted in • WA • Vic - However, Vic. OHS law is similar to the new legislation

  21. Coverage Mobile libraries are workplaces People covered • Employees • Independent contractors • Apprentices • Volunteers • Outworkers • Trainees • Readers • What does it mean for me? • Action to ensure volunteers, and readers are safe in my library

  22. Increased fines for corporations, officers & individuals Category 1 Fines* • Penalties for breaches of duty of care are based on the degree of ‘culpability’ and risk / degree of harm • CorporationIndividual as PCBU or officerIndividual eg. worker • $3 m $600 k $300 k • 5 yrs jail 5 yrs jail • * For the most serious cases. • If the person is reckless as to risk of death or serious injury to an individual. Image: Tim Pearce, Los Gatos‘ Used under a Creative Commons Licence

  23. Increased fines for corporations, officers & individuals What does it mean for me? OHS compliance is a personal matter for officers of corporations, with large fines. More emphasis on OHS

  24. Directors and Officers – New Duty - Active Due Diligence

  25. Directors and Officers – New Duty - Active Due Diligence • What does it mean for me? • More emphasis on OHS • For example: • procedures • inspections and audits • documentation • reporting • timely incident response

  26. Another financial risk – workers compensation premium increases Council’s workers compensation premium* One claim could cost Council $150,000 in increased premium

  27. Another financial risk – workers compensation premium increases What does it mean for me?

  28. Costs Accident Settlement Prompts Tax Hike and Loss of Bookmobile Services Orland Park (Ill.) Public Library has indefinitely parked its bookmobile as the result of a recent $8.5-million personal injury settlement stemming from a December 2001 traffic accident that left an Orland Township man severely brain-damaged Which would not happen here. The scary part is that due to the cost, Orland Park Mayor Daniel McLaughlin has asked the library to sell the bookmobile. “We’re suggesting that they just get out of that business altogether,” he said Source:https://www.ala.org/ala/alonline/currentnews/newsarchive/2005abc/march2005ab/settlement.cfm

  29. OHS Changes 2. Enforcement

  30. “Telling your workers to ‘be careful’ isn’t going to cut it,” WorkSafe Victoria’s Executive Director for Health and Safety Ian Forsyth said after the prosecution of an employer over the death of a worker. The Melbourne Magistrates’ Court has fined the owner of a building company $30,000 after a man fell 3 metres to his death Forsyth said - “The take-home message here is clear – if you’re responsible for a workplace, you need to be actively looking for hazards every day and taking steps to eliminate them.”

  31. You have mail! Image: CC BY-ND 2.0 Rupert Ganzer Flickr 2006

  32. Enforcement - Reckless endangerment – fatality, fines and gaol • The facts • Orbit Drilling employed Bradley Alford to drive a Mack truck. • Had a trucking licence for just over two weeks • Was to reverse the Mack truck onto a drilling pad located at the top of a steep hill. • Off-road manoeuvre • Not supervised • The truck gained speed causing it to lose control and roll over at the bottom of the slope. • Mr Bradley was thrown from the truck cabin, and was subsequently crushed underneath the truck and died. Image: CC BY 2.0 2006Steve Wilson

  33. Enforcement - Reckless endangerment – fatality, fines and gaol • Orbit Drilling employed Bradley Alford to drive a Mack truck. Mr Alford had held his trucking licence for just over two weeks prior to the incident… • The fines Company fined $750,000 Director fined $120,000 • Supervisor sentencedto 20 months in prison, suspended for three years, Image: CC BY 2.0 2006Steve Wilson

  34. Enforcement - Reckless endangerment – fatality, fines and gaol • What does it mean for me? • More emphasis on OHS • For example: • procedures • inspections and audits • documentation • reporting • timely incident response Image: CC BY 2.0 2006Steve Wilson

  35. How to embrace risk 1. Law, enforcement & financial changes

  36. How to embrace the law, enforcement and financial changes Short answer Support processes designed to eliminate or reduce risk as far as is reasonably practicable. Put the major effort into the major risks.

  37. Basic actions • Take reasonable care for your own health and safety; and • take reasonable care that your acts or omissions do not adversely affect the health and safety of other persons; and • comply, so far as reasonably able, with any reasonable instruction • co-operate with any reasonable policy or procedure. • Source: Model National OHS Act

  38. Risk Ninja’s Become a leader Become a ‘Risk Ninja!’ – supporting the daily fight against risk

  39. Easy to say, but… • The easy way is so attractive! • This mobile library has a chute in the side that can be used to load boxes of books. • However the quick way to load/unload is to move 2 boxes via the stairs. • Given that slips, trips and falls are a major library risk, is this a good idea?

  40. Being proactive – weapons for the fight • 1. Risk management process • 2. Communication & consultation

  41. Recognising the enemy WorkSafe claims report for this conference. Library workers’ compensation claims FYE 2001 to 2011

  42. Recognising the enemy

  43. Recognising the enemy * Technically less than or equal to 2 claims over the 11 years that this data represents

  44. Recognising the enemy - Summary Data and observations suggest you are doing a great job The likely major enemies remaining to be attacked further are as follows • Lifting and carrying objects • Pushing and pulling objects • Slips, trips and falls and • Vehicle accidents (very rare, but very costly)

  45. Risk Management Process • Identify the risk • Assess the risk • Control the risk • Review the control • Must be done in consultation with management

  46. Step 1 - Identifying risk • Some examples of methods used to identify risk • Observation • Inspections • Checklists • Discussion

  47. Risk identification examples

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