ohs changes and how to embrace the risks a call to action
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Mike Boyd QBE Workers Compensation, OHS & Risk Management Consultant
17th November 2012
OHS Changes and how to Embrace the RisksA call to action
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Session Outline
1. Safe or Not? An introduction
2. The nature of OHS changes• Law & financial risks• Enforcement
3. How to embrace risk• Law, enforcement & financial changes• Workplace risks• Key processes• Resources
OHS Changes and how to Embrace the Risks
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Mobile LibrariesSafe or Not?
OHS Changes and how to Embrace the Risks
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Safe or Not? – My first thoughts...
OHS Changes and how to Embrace Risks
Image courtesy of dan / FreeDigitalPhotos.net
Isolated workers
Fatigue
Slips & trips
Heavy vehicles – road accidents
Moving books – back injuries
Stress
Assaults
Computer workstations – wrist injuries
Electrical connection - falls
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Safe or Not? – My first thoughts… ‘Very risky’
OHS Changes and how to Embrace the Risks
Isol
ated
wor
kers
Fatig
ueSlips & trips
Heavy
vehic
les –
road a
ccide
nts
Moving books – back injuriesStre
ss
Assaults
Computer workstations
– wrist injuriesElectrical connection - falls
Image courtesy of dan / FreeDigitalPhotos.net
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Safe or Not? – I had a closer look
OHS Changes and how to Embrace the Risks
1. Statistics
2. Googling mobile library safety
3. Visited a modern mobile library in action
4. Discussion with two experienced operators
5. Discussion with mobile library manager
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Safe or Not? – I had a closer look
OHS Changes and how to Embrace the Risks
1. Statistics
2. Googling mobile library safety
3. Visited a modern mobile library in action
4. Discussion with two experienced operators
5. Discussion with mobile library manager
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Statistics
OHS Changes and how to Embrace the Risks
1. Statistics
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Safe or Not? – I had a closer look
OHS Changes and how to Embrace the Risks
1. Statistics
2. Googling mobile library safety
3. Visited a modern mobile library in action
4. Discussion with two experienced operators
5. Discussion with mobile library manager
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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!
OHS Changes and how to Embrace the Risks
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Safe or Not? – I had a closer look
OHS Changes and how to Embrace the Risks
1. Statistics
2. Googling mobile library safety
3. Visited a modern mobile library in action
4. Discussion with two experienced operators
5. Discussion with mobile library manager
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Looking good
OHS Changes and how to Embrace the Risks
13 13
Looking a lot better than this…
OHS Changes and how to Embrace the Risks
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Safe or Not? – I had a closer look
OHS Changes and how to Embrace the Risks
1. Statistics
2. Googling mobile library safety
3. Visited a modern mobile library in action
4. Discussion with two experienced operators
5. Discussion with mobile library manager
15 15 OHS Changes and how to Embrace the Risks
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Discussions
1. About 40 years experience in total at the meeting
2. OHS has improved dramatically over the years
3. Good vehicles were a major part of that
4. Neither the mobile library staff or the operators had any OHS issues
OHS Changes and how to Embrace the Risks
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Safe or Not? – Looking good so far…
OHS Changes and how to Embrace the Risks
1. Statistics
2. Googling mobile library safety
3. Visited a modern mobile library in action
4. Discussion with two experienced operators
5. Discussion with mobile library manager
18 18 OHS Changes and how to Embrace the Risks
But…
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OHS Changes1. Law & financial risks
OHS Changes and how to Embrace the Risks
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Our world has changed –
Heavy emphasis on Work Health and Safety
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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
OHS Changes and how to Embrace the Risks
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Coverage
Mobile libraries are workplaces
People covered• Employees• Independent contractors• Apprentices• Volunteers• Outworkers• Trainees• Readers
OHS Changes and how to Embrace the Risks
What does it mean for me?
• Action to ensure volunteers, and readers are safe in my library
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Category 1 Fines*
Penalties for breaches of duty of care are based on the degree of ‘culpability’ and risk / degree of harm
Corporation Individual as PCBU or officer Individual eg. worker
$3 m $600 k $300 k5 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.
Increased fines for corporations, officers & individuals
OHS Changes and how to Embrace the Risks
Image: Tim Pearce, Los Gatos‘ Used under a Creative Commons Licence
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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
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Directors and Officers – New Duty - Active Due Diligence
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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
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Another financial risk – workers compensation premium increases
Note: Illustrative figures only. Actual impact will vary for each Council
Council’s workers compensation premium*
2012 2013 2014 2015470,000
480,000
490,000
500,000
510,000
520,000
530,000
540,000
550,000
No ClaimOne Claim
One claim could cost Council $150,000 in increased premium
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Another financial risk – workers compensation premium increases
What does it mean for me?
29 29
Costs
Accident Settlement Prompts Tax Hike and Loss of Bookmobile ServicesOrland 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
Source: https://www.ala.org/ala/alonline/currentnews/newsarchive/2005abc/march2005ab/settlement.cfm
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
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OHS Changes2. Enforcement
OHS Changes and how to Embrace the Risks
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“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.”
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You have mail!
Image: CC BY-ND 2.0Rupert Ganzer Flickr 2006
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Enforcement - Reckless endangerment – fatality, fines and gaol
The factsOrbit 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
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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…
Image: CC BY 2.0 2006Steve Wilson
The fines
Company fined $750,000 Director fined $120,000 Supervisor sentenced to 20 months in prison, suspended for three years,
Enforcement - Reckless endangerment – fatality, fines and gaol
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What does it mean for me?
More emphasis on OHS
For example:• procedures• inspections and audits• documentation• reporting• timely incident response
Enforcement - Reckless endangerment – fatality, fines and gaol
Image: CC BY 2.0 2006Steve Wilson
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How to embrace risk1. Law, enforcement & financial changes
OHS Changes and how to Embrace the Risks
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How to embrace the law, enforcement and financial changes
Short answer
1. Support processes designed to eliminate or reduce risk as far as is reasonably practicable.
2. Put the major effort into the major risks.
OHS Changes and how to Embrace the Risks
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Basic actions
1. Take reasonable care for your own health and
safety; and
2. take reasonable care that your acts or omissions
do not adversely affect the health and safety of
other persons; and
3. comply, so far as reasonably able, with any
reasonable instruction
4. co-operate with any reasonable policy or
procedure.
Source: Model National OHS Act
OHS Changes and how to Embrace the Risks
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Risk Ninja’s
Become a leaderBecome a ‘Risk Ninja!’ – supporting the daily fight against risk
OHS Changes and how to Embrace the Risks
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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?
OHS Changes and how to Embrace the Risks
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Being proactive – weapons for the fight
1. Risk management process
2. Communication & consultation
OHS Changes and how to Embrace the Risks
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Recognising the enemy
OHS Changes and how to Embrace the Risks
WorkSafe claims report for this conference. Library workers’ compensation claims FYE 2001 to 2011
Manual handling Slips, trips & falls
Stress Being hit by moving objects
050
100150200250300
No. of claims in 11 Years - Libraries93% of claims for libraries are from these cat-
egories
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Recognising the enemy
OHS Changes and how to Embrace the Risks
Lifting, carrying & putting down
objects
Pushing & pulling
Repetitive movement
Postural0
20406080
100120140
Manual handling claims – Moving objects accounts for 70% of these
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* Technically less than or equal to 2 claims over the 11 years that this data represents46
Recognising the enemy
OHS Changes and how to Embrace the Risks
Vehicl
e Acc
idents
Assau
lts
Burns a
nd el
ectric
al
Chemica
l & bi
ologic
al02468
10
Interestingly – about 1 claim associated with a vehicle accident per year, and no* assaults
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Recognising the enemy - Summary
1. Lifting and carrying objects
2. Pushing and pulling objects
3. Slips, trips and falls and
4. Vehicle accidents (very rare, but very costly)
OHS Changes and how to Embrace the Risks
Data and observations suggest you are doing a great job
The likely major enemies remaining to be attacked further are as follows
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Risk Management Process
1. Identify the risk
2. Assess the risk
3. Control the risk
4. Review the control
Must be done in consultation with management
OHS Changes and how to Embrace the Risks
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Step 1 - Identifying risk
Some examples of methods used to identify risk
1. Observation
2. Inspections
3. Checklists
4. Discussion
OHS Changes and how to Embrace the Risks
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Risk identification examples
Risk OutcomeMobile library leans towards the curb – older, new, reader enters the library, loses balance and falls
Breaks hip
Moving full boxes of books from storage to the mobile library
Back strain
Footpath works at normal parking spot – readers may trip
Broken limbs
Driving in heavy rain – vision restricted, road slippery
Traffic accident
OHS Changes and how to Embrace the Risks
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Step 2 - Risk Assessment – Setting priorities
This matrix can be used to work out what is high, medium and low risk.
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Step 2 – Risk Assessment Examples
OHS Changes and how to Embrace the Risks
Risk Outcome RiskLevel
Mobile library leans towards the curb – older, new, reader enters the library, loses balance and falls
Breaks hip Medium
Moving full boxes of books from storage to the mobile library
Back strain High
Footpath works at normal parking spot – readers may trip
Broken limbs Low
Driving in heavy rain – vision restricted, road slippery
Traffic accident Medium
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Step 3 - Controlling risks
OHS Changes and how to Embrace the Risks
Provide personal protective equipment
Introduce administrative controls
Engineer out the problem
Eliminate the hazard or risk
Step 3 - Control the Hazard!
How can risks be controlled?The best solutions are at the top of the listSometimes we use more than on of these types of controls
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Step 2 – Risk Assessment Examples
OHS Changes and how to Embrace the Risks
Risk Outcome RiskLevel
Risk Control
Mobile library leans towards the curb – older, new, reader enters the library, loses balance and falls
Breaks hip Medium Self levelling
Moving full boxes of books from storage to the mobile library
Back strain High Procedure – boxes only to be half filled
Footpath works at normal parking spot – readers may trip
Broken limbs Low Procedure to alert operators before leave base & to arrange an alternate location
Driving in heavy rain – vision restricted, road slippery
Traffic accident Medium Procedure - Cancel service for the day?
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Step 4 – Reviewing risk controls
OHS Changes and how to Embrace the Risks
Risk control measures must be reviewed and if necessary revised to maintain a safe work environment.
This includes when:
1. the control measure does not work
2. before a change occurs that may create a new risk
3. a new relevant hazard or risk is identified
4. the results of consultation required under the laws indicate that a review is necessary
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Other key risk reducing weapons - Consultation and Communication
OHS Changes and how to Embrace the Risks
Your Council’s will probably have health and safety management systems – these need information in order to work.
Risk Ninja’s can help with the battle against injury and illness by:
1. communicating about risks that they discover and
2. discussing the risk level and suggesting risk control measures and
3. reviewing current risk controls and suggesting improvements
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Mobile LibrariesRisk Resources
OHS Changes and how to Embrace the Risks
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Risk Resources
OHS Changes and how to Embrace the Risks
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Mobile library OHS related resources 1
From: Beyond a Quality Service: Strengthening the Social Fabric Standards and Guidelines for Australian Public Libraries, 2nd ed 2012 www.alia.org.au/publiclibraries
Has general guidelines on mobile libraries, presented in Section G 12 and in Section 4.2 should be used in conjunction with the detailed guidance to be found in the following resources:
Country Public Libraries Group (Victoria) 2005, Health and safety in a mobile library; guidelines for staff:Issue no. 2, prepared by ARK Consulting Group, August 2005: www.libraries.vic.gov.au/downloads/Country_Public_Libraries_Group/health_and_safety_in_a_mobile_library_v3.doc
Country Public Libraries Group (Victoria) 2005, Mobile libraries occupational health and safety checklist.Issue no. 2, prepared by ARK Consulting Group, August 2005: http://www.libraries.vic.gov.au/downloads/Country_Public_Libraries_Group/mobile_libraries_ohs_checklist_v3.doc
International Federation of Library Associations and Institutions 2010, Mobile library guidelines. Revision bya working group of the IFLA Public Libraries Section, co-ordinated by Ian Stringer. IFLA Headquarters, 2010(IFLA professional report no 123).
OHS Changes and how to Embrace the Risks
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Mobile library OHS related resources 2
Beyond a Quality Service: Strengthening the Social Fabric Standards and Guidelines for Australian Public Libraries, 2nd ed 2012www.alia.org.au/publiclibraries
Department for Victorian Communities 2003, Taking services into the future; a manual for country libraryservices. Prepared by John Liddle, JL Management Services, August 2003:http://www.dpcd.vic.gov.au/__data/assets/pdf_file/0006/38049/0806-53TakingServicesFuturePart1.Pdf
mobile libraries.com.au: http://www.mobilelibraries.com.au/- This mobile libraries site provides guidance in developing and managing mobile library services inAustralia, and fosters networking among mobile library operators. Mobile librarians are encouragedto share their experiences, knowledge and tips.
State Library of Queensland 2009, Mobile libraries standard (Queensland Public Library Standards andGuidelines), June 2009: http://www.slq.qld.gov.au/__data/assets/pdf_file/0003/146262/SLQ_-_Mobile_libraries_standard_June_2009.pdf
OHS Changes and how to Embrace the Risks
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General OHS Resources
The OHS authority for your state or territory. These are listed on the following page of the Safe Work Australia’s website.http://www.safeworkaustralia.gov.au/sites/SWA/AboutSafeWorkAustralia/WhoWeWorkWith/StateAndTerritoryAuthorities/Pages/StateAndTerritoryAuthorities.aspx
Safe Work Australia - numerous, codes of practice and guidance notes that relate to the new harmonised Work Health and Safety legislation that has been adopted by most states. http://www.safeworkaustralia.gov.au/sites/SWA/AboutSafeWorkAustralia/Whatwedo/Publications/Pages/Publication.aspx
A good starting point is Safe Work’s ‘MANAGING RISKS TO HEALTH AND SAFETY AT THE WORKPLACE FACT SHEET’
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Mobile LibrariesSummary
OHS Changes and how to Embrace the Risks
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1. Risk class: ‘Low Frequency / High Severity’
2. Increased risk for Council management & staff from new OHS laws
3. Need to maintain the communication, consultation and hazard management processes required for legal compliance.
4. Low rate of claims but potential for big claim costs & premium increases
5. Non employee personnel; eg. readers & volunteers safety important
6. Manual handling, slips, trips and falls, and driving safety risks remain
Summary
OHS Changes and how to Embrace the Risks
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The challenge
OHS Changes and how to Embrace the Risks
You have been doing a good job, but the risk environment has changed
It is time to bring out your inner ‘Risk Ninja’ and take mobile library risk management to a new level.
I expect that you are up to the challenge
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Questions & answers
OHS Changes and how to Embrace the Risks
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Mike BoydQBE OHS & Risk Management Consultant+61 3 9246 2343Mike.Boyd@qbe.com http://www.qbe.com.au/Workers-Compensation/Insurance.html
Thank you
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