OHS Changes and how to Embrace the Risks

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

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 2 OHS Changes and how to Embrace the Risks

Mobile Libraries Safe or Not? 3 OHS Changes and how to Embrace the Risks

Safe or Not? – My first thoughts. . . Heavy vehicles – road accidents Isolated workers Slips & trips Electrical connection - falls Moving books – back injuries Computer workstations – wrist injuries Image courtesy of dan / Free. Digital. Photos. net 4 OHS Changes and how to Embrace Risks Stress Assaults Fatigue

Image courtesy of dan / Free. Digital. Photos. net 5 OHS Changes and how to Embrace the Risks ac cl H ea vy ve hi ue Fatig St re ss es – Co uries j ecti n k c mp n s – ba l co –w k ute o a o b c i rist rw ctr oving e M l E inju ork ries stat Ass ion aul s ts ad ls ro al f on Slips & trips Isolated workers ci de nt s Safe or Not? – My first thoughts… ‘Very risky’

Safe or Not? – I had a closer look 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 6 OHS Changes and how to Embrace the Risks

Safe or Not? – I had a closer look 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 7 OHS Changes and how to Embrace the Risks

1. Statistics 8 OHS Changes and how to Embrace the Risks

Safe or Not? – I had a closer look 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 9 OHS Changes and how to Embrace the Risks

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! 10 OHS Changes and how to Embrace the Risks

Safe or Not? – I had a closer look 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 11 OHS Changes and how to Embrace the Risks

Looking good 12 OHS Changes and how to Embrace the Risks

Looking a lot better than this… 13 OHS Changes and how to Embrace the Risks

Safe or Not? – I had a closer look 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 14 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 16 OHS Changes and how to Embrace the Risks

Safe or Not? – Looking good so far… 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 17 OHS Changes and how to Embrace the Risks

But… 18 OHS Changes and how to Embrace the Risks

OHS Changes 1. Law & financial risks 19 OHS Changes and how to Embrace the Risks

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 OHS Changes and how to Embrace the Risks

Coverage Mobile libraries are workplaces People covered • • Employees Independent contractors Apprentices Volunteers Outworkers Trainees Readers 22 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

Increased fines for corporations, officers & individuals Category 1 Fines* Penalties for breaches of duty of care based on the degree of ‘culpability’ and risk / degree of harm Corporation Individual as PCBU or officer Individual eg. worker $3 m $600 k 5 yrs jail $300 k 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 OHS Changes and how to Embrace the Risks

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* 550, 000 One claim could cost Council $150, 000 in increased premium 540, 000 530, 000 520, 000 No Claim 510, 000 One Claim 500, 000 490, 000 480, 000 2012 2013 2014 2015 Note: Illustrative figures only. Actual impact will vary for each Council 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 braindamaged Which would not happen here. The scary part is that due to the cost, Orland Park Mayor Daniel Mc. Laughlin 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/2005 abc/march 2005 ab/settlement. cfm 29

OHS Changes 2. Enforcement 30 OHS Changes and how to Embrace the Risks

“Telling your workers to ‘be careful’ isn’t going to cut it, ” Work. Safe 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 31

You have mail! Image: CC BY-ND 2. 0 32 Rupert Ganzer Flickr 2006

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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, Image: CC BY 2. 0 2006 Steve Wilson and was subsequently crushed underneath the truck and died. 35

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 sentenced to 20 months in prison, suspended for three years, 36 Image: CC BY 2. 0 2006 Steve Wilson

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 2006 Steve Wilson 37

How to embrace risk 1. Law, enforcement & financial changes 38 OHS Changes and how to Embrace the Risks

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. 39 OHS Changes and how to Embrace the Risks

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 40 OHS Changes and how to Embrace the Risks

Risk Ninja’s Become a leader Become a ‘Risk Ninja!’ – supporting the daily fight against risk 41 OHS Changes and how to Embrace the Risks

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? 42 OHS Changes and how to Embrace the Risks

Being proactive – weapons for the fight 1. Risk management process 2. Communication & consultation 43 OHS Changes and how to Embrace the Risks

Recognising the enemy No. of claims in 11 Years - Libraries 93% of claims for libraries are from these categories 300 250 200 150 100 50 0 Manual handling Slips, trips & falls Stress Work. Safe claims report for this conference. Library workers’ compensation claims FYE 2001 to 2011 44 OHS Changes and how to Embrace the Risks Being hit by moving objects

Recognising the enemy Manual handling claims – Moving objects accounts for 70% of these 140 120 100 80 60 40 20 0 Lifting, carrying & Pushing & pulling putting down objects 45 OHS Changes and how to Embrace the Risks Repetitive movement Postural

Recognising the enemy Interestingly – about 1 claim associated with a vehicle accident per year, and no* assaults 10 9 8 7 6 5 4 3 2 1 0 Vehicle Accidents Assaults * Technically less than or equal to 2 claims over the 11 years that this data represents 46 OHS Changes and how to Embrace the Risks Burns and electrical Chemical & biological

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 1. Lifting and carrying objects 2. Pushing and pulling objects 3. Slips, trips and falls and 4. Vehicle accidents (very rare, but very costly) 47 OHS Changes and how to Embrace the Risks

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 48 OHS Changes and how to Embrace the Risks

Step 1 - Identifying risk Some examples of methods used to identify risk 1. Observation 2. Inspections 3. Checklists 4. Discussion 49 OHS Changes and how to Embrace the Risks

Risk identification examples Risk Outcome Mobile library leans towards the curb Breaks hip – older, new, reader enters the library, loses balance and falls 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 50 OHS Changes and how to Embrace the Risks

Step 2 - Risk Assessment – Setting priorities This matrix can be used to work out what is high, medium and low risk. 51

Step 2 – Risk Assessment Examples Risk Outcome Risk Level 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 52 OHS Changes and how to Embrace the Risks

Step 3 - Controlling risks Step 3 - Control the Hazard! How can risks be controlled? The best solutions are at the top of the list Sometimes we use more than on of these types of controls Eliminate the hazard or risk Engineer out the problem Introduce administrative controls Provide personal protective equipment 53 OHS Changes and how to Embrace the Risks

Step 2 – Risk Assessment Examples Risk Outcome Risk Level 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 Back strain from storage to the mobile library 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 54 OHS Changes and how to Embrace the Risks slippery Traffic accident Medium Procedure - Cancel service for the day?

Step 4 – Reviewing risk controls 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 55 OHS Changes and how to Embrace the Risks

Other key risk reducing weapons - Consultation and Communication 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 56 OHS Changes and how to Embrace the Risks

Mobile Libraries Risk Resources 57 OHS Changes and how to Embrace the Risks

Risk Resources 58 OHS Changes and how to Embrace the Risks

Mobile library OHS related resources 1 From: Beyond a Quality Service: Strengthening the Social Fabric Standards and Guidelines for Australian Public Libraries, 2 nd 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_v 3. 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_v 3. doc International Federation of Library Associations and Institutions 2010, Mobile library guidelines. Revision by a working group of the IFLA Public Libraries Section, co-ordinated by Ian Stringer. IFLA Headquarters, 2010 (IFLA professional report no 123). 59 OHS Changes and how to Embrace the Risks

Mobile library OHS related resources 2 Beyond a Quality Service: Strengthening the Social Fabric Standards and Guidelines for Australian Public Libraries, 2 nd ed 2012 www. alia. org. au/publiclibraries Department for Victorian Communities 2003, Taking services into the future; a manual for country library services. Prepared by John Liddle, JL Management Services, August 2003: http: //www. dpcd. vic. gov. au/__data/assets/pdf_file/0006/38049/0806 -53 Taking. Services. Future. Part 1. Pdf mobile libraries. com. au: http: //www. mobilelibraries. com. au/ - This mobile libraries site provides guidance in developing and managing mobile library services in Australia, and fosters networking among mobile library operators. Mobile librarians are encouraged to share their experiences, knowledge and tips. State Library of Queensland 2009, Mobile libraries standard (Queensland Public Library Standards and Guidelines), June 2009: http: //www. slq. qld. gov. au/__data/assets/pdf_file/0003/146262/SLQ_-_Mobile_ libraries_standard_June_2009. pdf 60 OHS Changes and how to Embrace the Risks

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/About. Safe. Work. Australia/Who. We. Wor k. With/State. And. Territory. Authorities/Pages/State. And. Territory. Authorities. 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/About. Safe. Work. Australia/Whatwedo/ Publications/Pages/Publication. aspx A good starting point is Safe Work’s ‘MANAGING RISKS TO HEALTH AND SAFETY AT THE WORKPLACE FACT SHEET’ 61 OHS Changes and how to Embrace the Risks

Mobile Libraries Summary 62 OHS Changes and how to Embrace the Risks

Summary 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 63 OHS Changes and how to Embrace the Risks

The challenge 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 64 OHS Changes and how to Embrace the Risks

Questions & answers 65 OHS Changes and how to Embrace the Risks

Thank you Mike Boyd QBE OHS & Risk Management Consultant +61 3 9246 2343 Mike. Boyd@qbe. com http: //www. qbe. com. au/Workers-Compensation/Insurance. html 66