Enforcing upstream: Australian health and safety inspectors and upstream duty holders

The ‘new style’ occupational health and safety legislation implemented in Australia from the late 1970s changed the character of OHS legal obligations, establishing general duties supported by process, performance and, more rarely, specification standards,1 and extending obligations to those who propagate risks as designers, manufacturers, importers or suppliers — the ‘upstream duty holders’. This article examines how OHS agencies inspect and enforce OHS legislation upstream, drawing on empirical research in four Australian states and relevant case law. We argue that upstream duty holders are an increasing area of attention for OHS inspectorates but these inspectorates have not yet risen to the challenge of harnessing these parties to help stem, at the source, the flow of risks into workplaces.

The implications of de‐collectivist industrial relations laws and associated developments for worker health and safety in Australia, 1996–2007

The institutional and regulatory interlinkages between industrial relations (IR) and occupational health and safety (OHS) are seldom explored in the IR literature. This article begins to address this gap by examining regulatory initiatives in Australia during a period of neoliberal government. It examines the laws enacted by the federal government during this period and events and cases arising from these laws that go some way to illustrating their effects. Evidence is also drawn from detailed research on a number of state OHS inspectorates between 2004 and 2006. It is argued that de-collectivist changes to IR laws exacerbated problems posed by the growth of flexible work arrangements and a drop in union density, weakening participatory provisions in OHS laws and promoting work arrangements that undermined OHS standards. The study provides evidence of the implications of a divergence in the trajectory of IR and OHS laws and the importance of better integrating worker protection laws.

Australian health and safety inspectors’ perceptions and actions in relation to changed work arrangements

Extensive international research points to an association between changed work arrangements, especially those commonly labelled as contingent work, with adverse occupational health and safety (OHS) outcomes. Research also indicates these work arrangements have weakened or bypassed existing OHS and workers’ compensation regulatory regimes. However, there has been little if any research into how OHS inspectors perceive these issues and how they address them during workplace visits or investigations. Between 2003 and 2007 research was undertaken that entailed detailed documentary and statistical analysis, extended interviews with 170 regulatory managers and inspectors, and observational data collected while accompanying inspectors on 118 ‘typical’ workplace visits. Key findings are that inspectors responsible for a range of industries see altered work arrangements as a serious challenge, especially labour hire (agency work) and subcontracting. Though the law imposes clear obligations, inspectors identified misunderstanding/blameshifting and poor compliance amongst parties to these arrangements. The complexity of these work arrangements also posed logistical challenges to inspectorates.

Engaging expert contractors: The work health and safety obligations of the business or undertaking

This article examines the legal principles governing the statutory work health and safety general duties of principals who engage expert contractors to carry out work beyond the expertise of the principal. The article examines recent case law in which superior courts accepted the principal’s argument that the engagement of the expert contractor was sufficient to discharge the principal’s statutory work health and safety general duty. It then reframes the debate within the principles of systematic work health and safety management, and key provisions in the harmonised Work Health and Safety Acts—the primary duty of care; the key underpinning principles; the positive and proactive officer’s duty; and the horizontal duty of consultation, cooperation and coordination. It argues that it is likely that courts examining the issue of the principal’s work health and safety obligations under the harmonised Work Health and Safety Acts will require principals to do more to actively manage the work of expert contractors to ensure the health and safety of all workers and others potentially affected by the work.

[await full-text]Evaluation of QAS Workplace Health and Safety Action Plan

This report identifies the outcomes of a program evaluation of the five year Workplace Health and Safety Strategy (2012-2017), specifically, the engagement component within the Queensland Ambulance Service. As part of the former Department of Community Safety, their objective was to work towards harmonising the occupational health and safety policies and process to improve the workplace culture. The report examines and assess the process paths and resource inputs into the strategy, provides feedback on progress to achieving identified goals as well as identify opportunities for improvements and barriers to progress. Consultations were held with key stakeholders within QAS and focus groups were facilitated with managers and health and safety representatives of each Local Area Service Network.

Guidelines for the integration of certifiable management systems in industrial companies

Organizations often operate in turbulent environments characterized by intense competitiveness, constant technological progress, new market requirements, and scarce natural resources. This scenario imposes the constant need for change in the operation and companies' management. The integration of certifiable management systems is an effective alternative in this sense. The objective of the present study is to propose guidelines for the integration of the ISO 9001 Quality Management System (QMS), ISO 14001 Environmental Management System (EMS) and OHSAS 18001 Occupational Health and Safety Management System (OHSMS) in industrial companies. These guidelines were developed based on a theoretical framework and on the results from fourteen case studies performed in Brazilian industrial companies. The proposed guidelines were divided into three phases: A) integration planning, b) integration development, and c) integration control and improvement.

Environmental, health and safety cost benefit analysis in the United States chemical industry

The purpose of this research project is to determine whether there is a cost/benefit to allocating financial and other company-related resources to improve environmental, health and safety performance beyond that which is required by law. The issue of whether a company benefits from spending dollars to achieve environmental, health and safety performance beyond legal compliance is an important issue to the chemical manufacturing industry in the United States because of the voluminous and complex legal requirements impacting environmental, health and safety expenditures. The cost/benefit issue has practical significance because many U.S. chemical manufacturing companies base their environmental, health and safety management strategies on just achieving and maintaining compliance with legal requirements when in reality this strategy may actually be a higher cost way of managing environmental, health and safety practices. This difference in environmental, health and safety management strategy is being investigated to determine if managing environmental, health and safety to achieve performance beyond that which is required by law results in a greater benefit to companies in the U.S. chemical manufacturing sector.

Educational Needs and Future Prospects in the Field of Health and Safety at Work in Spain

Aiming to identify educational needs to promote employment in the field of Occupational Health and Safety in Spain, this paper analyses the matching degree between the existing university educational offer and the professional demand. Results indicate that the new official Masters are well driven but, at graduate level, a broad range of topics regarding occupational hazards should be promoted and the scope of cross subjects should be expanded. New profiles that are emerging within this field are also identified.

The evaluation and development of the lead authority partnership scheme as a central intervention strategy for health and safety enforcement by local authorities

The research comprises a suite of studies that examines and develops the Lead Authority Partnership Scheme (LAPS) as a central intervention strategy for health and safety by local authority (LA) enforcers. Partnership working is a regulatory concept that in recent years has become more popular but there has been little research conducted to investigate, explore and evaluate its practical application. The study reviewed two contrasting approaches to partnership working between LAs and businesses, both of which were intended to secure improvements in the consistency of enforcement by the regulators and in the health and safety management systems of the participating businesses. The first was a well-established and highly prescriptive approach that required a substantial resource commitment on the part of the LA responsible for conducting a safety management review (SMR) of the business. As a result of his evaluation of the existing ‘full SMR’ scheme, the author developed a second, more flexible approach to partnership working. The research framework was based upon a primarily qualitative methodology intended to investigate and explore the impact of the new flexible arrangements for partnership working. The findings from this study of the flexible development of the scheme were compared and contrasted with those from studies of the established ‘full SMR’ scheme. A substantial degree of triangulation was applied in an attempt to strengthen validity and broaden applicability of the research findings. Key informant interviews, participant observation, document/archive reviews, questionnaires and surveys all their particular part to play in the overall study. The findings from this research revealed that LAPS failed to deliver consistency of LA enforcement across multiple-outlet businesses and the LA enforced business sectors. Improvement was however apparent in the safety management systems of the businesses participating in LAPS. Trust between LA inspector and safety professional was key to the success of the partnerships as was the commitment of these key individuals. Competition for precious LA resources, the priority afforded to food safety over health and safety, the perceived high resource demands of LAPS, and the structure and culture of LAs were identified as significant barriers to LA participation. Flexible approaches, whilst addressing the resource issues, introduced some fresh concerns relating to credibility and delivery. Over and above the stated aims of the scheme, LAs and businesses had their own reasons for participation, notably the personal development of individuals and kudos for the organisation. The research has explored the wider implications for partnership working with the overall conclusion it is most appropriately seen as a strategic level element within a broader structured intervention strategy.

Uma contribuição à reformulação da norma regulamentadora 13 (NR-13) na perspectiva da adoção de sistema de gestão de segurança e saúde ocupacional

This Master s Thesis deals with an analysis of the Regulatory Standards NR-9 e NR-13 on the perspective of occupational health and safety management systems (OHSMS) such as ILO deployed ILO/OSH-2001. Since the revamped OHSAS 18001:2007 complies with the ILO/OSH-2001 model it is used as benchmark to compare against the NR-9 and NR-13. The analysis suggests that the NR-9 has some important features present on the OHSAS 18001:2007 but lacks important others. The NR-13 turns out to be far from a modern model of OHSMS such as OHSAS 18001:2007 and a deep reformulation should be done in order to achieve the Brazil commitment with ILO to adopt OHSMS. Also, a small survey with companies with ISO 9000 certificates suggests that a NR-13 revised toward OHSMS would be welcome, but also that some more advanced issues present in ILO/OSH-2001 should be imposed by law in order to be achieved

Diretrizes para implantação de sistemas de segurança e saúde do trabalho em empresas produtoras de baterias automotivas

O desenvolvimento de Sistemas de Gestão da Segurança e Saúde no Trabalho (SGSST) ganha um significado cada vez mais importante no desempenho das empresas, pois, por meio deles, é possível obter a promoção da saúde e satisfação dos trabalhadores e a redução dos riscos de acidentes. No entanto, para que um SGSST obtenha bons resultados, as empresas precisam estar atentas às dificuldades comumente encontradas durante o seu processo de implantação, procurando solucioná-las de maneira antecipada e estruturada. Pelo exposto, este trabalho tem como principal objetivo apresentar diretrizes, baseadas no referencial teórico e nos resultados dos estudos de caso realizados, para implantação de SGSSTs em empresas fabricantes de baterias automotivas. Para o seu desenvolvimento adotou-se o método de pesquisa qualitativa a partir da realização de dois estudos de caso em empresas fabricantes de baterias automotivas localizadas na cidade de Bauru. Os instrumentos de coleta de dados foram entrevistas semiestruturadas, análise de documentos e observação in loco. Ao final do artigo, são propostas diretrizes relacionadas aos seguintes elementos: alta direção, estratégia organizacional, cultura organizacional, departamento de Segurança e Saúde do Trabalho (SST), técnicos de SST, recursos humanos, treinamento, equipes multidisciplinares, comunicação interna, resistência à mudança, indicadores de desempenho, ferramentas gerenciais para solução de problemas de SST, gestão de projetos, recompensas e incentivos, e integração do sistema.

Diretrizes para planejamento e implementação de sistema de gestão integrada em empresas da construção civil

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Um estudo sobre a certificação ISO 9001 no Brasil: mapeamento de motivações, benefícios e dificuldades

This work aims to identify the main motivations and difficulties faced by Brazilian companies to obtain ISO 9001 certification. The key quality management practices that provide support to this certification and the relationship with other types of systems, such as ISO 14001 (Environmental Management) and OHSAS 18001 (Occupational Health and Safety Management System), were also investigated. A survey research was conducted with 191 companies. The main motivations for implementing ISO 9001 are the following: internal organization improvement, production efficiency increase, and brand reliability improvement. Employee resistance was the greatest challenge found during the implementation process. On the other hand, the main benefits identified were: quality processes improvement and increased employee awareness of quality. The results reveal that the most common quality programs and tools used are: 5S, brainstorming, and Ishikawa diagram, while the least common are SERVQUAL and QFD.

Relación entre la calificación de los elementos de un sistema de gestión y los indicadores de accidentalidad en empresas del sector de la construcción en Colombia

El presente estudio tiene como objetivo determinar la relación que existe entre la implementación de un sistema de gestión de seguridad y salud en el trabajo (SGSST), y la frecuencia y la severidad de la accidentalidad en la industria de la construcción en Colombia. Para ello se seleccionaron 35 empresas que realizan actividades relacionadas con la edificación, infraestructura e interventoría, que hubiesen implementado un SGSST para la intervención de los riesgos de accidentes y que contaran con la evaluación del mismo. La evaluación del SGSST está enmarcada en cinco dimensiones o criterios: planeación, política, implementación, manejo integral del accidente y revisión por la gerencia. Cada una evaluada a través de diferentes requisitos y se presentan en una escala de 1 a 10, siendo 10 el nivel más alto del cumplimiento por requisito. Teniendo los resultados de esta calificación, la tasa (proporción entre los accidentes reportados y los trabajadores de cada empresa) y los días de incapacidad (ausentismo por accidente de trabajo), se realizó un análisis de las medidas descriptivas consolidado por las empresas del estudio: tendencia central y dispersión para número de trabajadores, tasa de accidentalidad, días de incapacidad y el resultado de los totales de cada criterio de la evaluación y el gran total. Para estudiar la relación entre los resultados de la evaluación y los indicadores de tasa y días, se llevó a cabo un análisis de correlación y regresión lineal entre los indicadores de accidentalidad y los resultados de las puntuaciones de los criterios. Esta correlación se realizó tanto para la primera evaluación como para la segunda. En las dos mediciones las correlaciones fueron negativas mostrando que existe una disminución en la tasa de accidentalidad y días de incapacidad entre una evaluación y la otra. En el análisis de regresión, en la primera evaluación por cada unidad que aumentó la calificación global, se presentó una reducción de la tasa de frecuencia de 0.140. En la segunda evaluación por cada unidad que aumentó la calificación global, la tasa se redujo en 0.159. Ambos hallazgos soportan la necesidad de implementar un SGSST para ayudar a reducir el número inaceptable de lesiones y enfermedades en la industria de la construcción.

Integrating service user and practitioner expertise within a web-based system for collaborative mental-health risk and safety management

Objectives: To develop a decision support system (DSS), myGRaCE, that integrates service user (SU) and practitioner expertise about mental health and associated risks of suicide, self-harm, harm to others, self-neglect, and vulnerability. The intention is to help SUs assess and manage their own mental health collaboratively with practitioners. Methods: An iterative process involving interviews, focus groups, and agile software development with 115 SUs, to elicit and implement myGRaCE requirements. Results: Findings highlight shared understanding of mental health risk between SUs and practitioners that can be integrated within a single model. However, important differences were revealed in SUs' preferred process of assessing risks and safety, which are reflected in the distinctive interface, navigation, tool functionality and language developed for myGRaCE. A challenge was how to provide flexible access without overwhelming and confusing users. Conclusion: The methods show that practitioner expertise can be reformulated in a format that simultaneously captures SU expertise, to provide a tool highly valued by SUs. A stepped process adds necessary structure to the assessment, each step with its own feedback and guidance. Practice Implications: The GRiST web-based DSS (www.egrist.org) links and integrates myGRaCE self-assessments with GRiST practitioner assessments for supporting collaborative and self-managed healthcare.