periodically surface among enlightened maintenance of plant and machinery is accepted caring for its staff using the full-time managers and public servants, but sadly are irrespective of cost as being necessary to ensure occupational health nurse as the “carer”, often too quickly forgotten. What are they? maximum productivity, management’s prior supported by visiting occupational phy- concern should be to care for the people who use sicians. Small industry needs special 2 5 Robert Owen and New Lanark, 19th century this equipment”. attention and the Garland model of in- Robert Owen (1771-1858) was a successful He went on to write: dustrial health centres developed in New Lifetime’s cotton manufacturer during the industrial “Apart from all other considerations, manage- Zealand in the 1950s should be revisited. revolution, initially in Manchester, then at ment have a social responsibility as one human Isolated workplaces – farms, fishing vessels, New Lanark in Scotland. His biographer being does to another, to ensure the health, welfare forests – need special attention. summarised his views on health and safety and safety of the people they employ and equally Skill, expertise, experience and a caring at- at work as follows: the employees in their own interest, have a respon- titude to people provide the building blocks “He was the first to tell his fellow employers, sibility to co-operate with management”. for success. Finally, let us remember the title 6 in that age of scramble for profits and pared costs Two successful managers and a senior of Sir Reginald Smythe’s World Health Day which we call the Industrial Revolution, that the public servant speaking with a similar voice Address in Auckland in 1976: “Safety (and experience human machines which they used in their factories across a span of nearly two centuries. Is Health) Begins in the Boardroom”. would repay careful treatment and upkeep fully as their message still relevant? Judith Hackitt, much as did the inanimate machines”. chair of the UK’s Health and Safety Execu- Dr Bill Glass is an occupational medicine specialist. Robert Owen saw no conflict between tive, thinks so. Here is what she said when In the wake of the Pike River Commission’s report we invited profitable productivity and the welfare of addressing the 11th World Conference on the work force – in particular the need for Injury, Prevention and Safety Promotion, 1. Tamati Kruger, Chief Negotiator for the Tuhoe, some recipients of Safeguard’s Lifetime Achievement award to a healthy diet, adequate rest, exercise, good Wellington, October 2012: 2012. give their views on the report’s broader recommendations. housing, reasonable working hours and a “I have long been a believer that good 2. Cole, Margaret. Robert Owen of New Lanark, safe and healthy work environment. performance in health and safety can be aided pub. Batchworth Press Limited, London, 1953. by regulation, but that true excellence only 3. Sir Thomas Legge (1863-1932). Legge, Thomas. 3 Sir Thomas Legge, 1920s occurs when there is a belief that it is both a Industrial Maladies. Oxford University Dr Bill Glass (lifetime achievement award 2008) Sir Thomas Legge was the UK’s sen- moral and statutory duty to manage risks. In Press. London. 1934. ior medical inspector of factories in the any industry there is a moral imperative to 4. Bill Jarvie, Foreword to People at Work – Their 1 “The most reliable prophet is the past” public sector, but with the 1920s, who noted in the first of his four fa- ensure that people go home from work every day Health, Safety and Welfare. Dr W I Glass. A separate health and safety regulator primary responsibility mous aphorisms: safe and unharmed”. Pub. Wormald International NZ Limited, would seem inevitable given the Pike resting with management “Unless and until the employer has done The regulator has to upgrade its skill Auckland 1974. River report, but is it, on its own, enough? As I in the private sector. everything – and everything means a good deal levels and stop discarding its experience 5. Dr Tom Garland (1903-1993), Director of see it, the purpose of a regulator is to To achieve the goal – the workman can do next to nothing to protect and expertise, and provide a consistent Occupational Health, New Zealand Department provide a framework within which advice requires clearly defined himself, although he is naturally willing enough leadership with a defined strategy. The of Health, 1947-1956. and enforcement operate so that the responsibilities for both to do his share”. private sector (medium to large industry) 6. Sir Reginald Smythe (1905-1981), Managing environment in the workplace is such the regulator and management. For the We might have moved on a little from the needs to recognise again the value of Director, NZ Forest Products Limited. that when people go to work they come regulator, the preliminary report from the 1920s, but I wonder how much. home from work uninjured and with their Independent Health & Safety Taskforce health unimpaired. identified the need for greater skill levels and Bill Jarvie, 1974 Of course, this is a big ask given the past experience at the regulator’s head office and Bill was group general manager of Wormald “THE MOST IMPORTANT ASSET OF ANY ENTERPRISE and present state of affairs and our “she’ll at its branches so that risks can be identified International New Zealand Limited. In his be right” culture. Nevertheless, there must early and advice and enforcement carried foreward to the 1974 book People at Work, IS THE PEOPLE IT EMPLOYS … MANAGEMENT’S 4 be this goal with both a long-term and out promptly, consistently and effectively. their Health, Safety and Welfare , he expressed short-term strategy. However, there is no Given that success rests primarily with this view: PRIOR CONCERN SHOULD BE TO CARE FOR THE way a regulator on its own can achieve such management action in the private sector, “Although not accounted for in the balance PEOPLE WHO USE THIS EQUIPMENT”. Bill Jarvie, 1974 a goal. There is a necessary partnership what can be done? Historically there sheet, the most important asset of any enterprise between the regulator and the private and are, I believe, certain approaches which is the people it employs … thus while preventive

40 SAFEGUARD JANUARY/FEBRUARY 2013 JANUARY/FEBRUARY 2013 SAFEGUARD 41 Neil Pearce (lifetime achievement award 2010) Marlene Thomson

The first of the Royal (lifetime achievement award 2009) Commission’s 16 recom- THE HSE ACT CREATED ‘ONE ACT, ONE AUTHORITY’. A separate health and safety regulator for the inspectorate, mendations is that ‘a new can only be an advantage to employers, who are required to Crown agent focusing IT COULD HAVE WORKED BUT IN PRACTICE IT employees and stakeholder interests. Injury monitor and establish solely on health and safe- and death rates are not decreasing and that a workplace is safe. ty should be established’. DIDN’T BECAUSE OSH WAS NOT SUFFICIENTLY for some workplaces, health and safety is Also, small employers THE SCOPE OF In fact, we used to have INDEPENDENT OF THE DEPARTMENT OF LABOUR. still considered a constraint rather than an tend to prefer a specific A REGULATOR’S something equivalent to this (more or less) in added value. Such a move would clearly recognised standard to the form of Occupational Safety and Health indicate a commitment from government work to. The downside is that a prescriptive ROLE WOULD NEED (OSH). OSH was formed as a result of the that OHS is a matter to be taken seriously. document may restrict innovation in HSE Act of 1992. Before that, occupational tended to have inconvenient opinions, and we recommended that ‘there should be a Modern workplaces are diverse and the a rapidly changing and competitive TO BE CAREFULLY health was a neglected responsibility of the approaches which didn’t fit in with the clear lead agency that inherits, restores and scope of a regulator’s role would need to be environment, so any ACOP must be formally CONSIDERED. Ministry of Health, whereas safety came ethos and other activities of the Department. implements the original mandate under carefully considered. Emerging evidence reviewed on regular basis. under the Department of Labour. The HSE So ten years later, in 2002, almost none of which OSH was created’ and that ‘this lead shows that lifestyle issues such as mental The HSE Act currently places the EMERGING EVIDENCE Act created ‘one act, one authority’. It could them were left. agency should have occupational health and health, obesity, and alcohol and drug accountability for workplace health and have worked, but in practice it didn’t, because At that time, I was asked by the then safety as its primary responsibility and a impairment are impacting on the safety safety on employers and principals. We are SHOWS THAT OSH was not sufficiently independent of Minister of Labour, Margaret Wilson, clearly identifiable public profile’. culture of many workplaces. These issues seeing a trend in England and Australia the rest of the Department of Labour, which to head a new National Occupational The Royal Commission has now recom- should not be ignored, as health and safety is to move accountability up the chain to LIFESTYLE ISSUES didn’t know what to do with the occupational Health and Safety Advisory Committee mended essentially the same thing. Without not just about injury from a physical hazard. those in charge of an organisation with the SUCH AS MENTAL health resources (occupational medicine (NOHSAC), to provide an alternative stream this recommendation being implemented, To operate successfully the regulator power to allocate resources where specialists, hygienists, nurses) that had of advice, because the advice coming from nothing much will happen, because other must be adequately resourced with an they see fit. I absolutely support a corporate HEALTH, OBESITY, AND been transferred to it. These new the Department was so inadequate. However, government agencies (whether the Depart- inspectorate that is well educated and governance model. Leadership is about ‘health people’ we were only just getting started with our ment of Labour, or the new Ministry of highly skilled. We are observing from understanding and authorising where ALCOHOL AND DRUG first report The ( burden of occupational dis- Business, Innovation and Employment) don’t appointments to the newly established resources should be allocated. IMPAIRMENT ARE ease and injury in understand occupational health and safety, High Hazard Unit that this is beginning The extensive use of contracted labour, New Zealand. and find it an inconvenient sideshow which to happen and there is recognition that frequently lacking the necessary specialist IMPACTING ON THE Wellington: interferes with their other activities. specialist knowledge is critical to ensure skills to understand the complex risks NOHSAC, Asking MBIE to implement the Pike River standards are maintained. in a mining environment, was also a SAFETY CULTURE OF 2004), when recommendations is like asking your ac- Approved Codes of Practice (ACOP) contributing factor in the Pike River MANY WORKPLACES. O SH wa s countant to fix your car; they may be good have long been an acceptable minimum tragedy. Contracting has become a trend essentially at what they do, and they may be well inten- standard for both employers and employees. in our working environment that is a b ol i s h e d tioned, but they will be hopeless at what you They set an expectation of safe practice, resulting in poorly trained staff with by the next need them for – like a fast bowler batting at and experience has taught me that when limited responsibility and organisational M i n i s t e r , number 11. both employer and employee industry knowledge. If this trend continues then an Ruth Dyson, It’s not too late to fix this. We need a new interests are considered the outcome is very ACOP for the employment of contracted who ignored independent OSH, staffed by people with successful. Detailed supporting guidelines labour in high risk working environments the strong con- the appropriate qualifications and training with associated training material can add should also be considered. cerns expressed by (occupational medicine, nursing, hygiene, value, and many industry groups are keen to our Committee. public health specialists), and not just by take responsibility for driving this process. Marlene Thomson works in the tertiary education Th is occ urred i n generic policy analysts. This is not so dif- ACOPs also provide a practical baseline sector as an occupational health nurse. part because of incredibly ficult – the Ministry of Health manages to short-sighted lobbying from have a good mix of people with both health some key unionists, who thought training and policy skills, and would provide that OSH would be more effective if it a good model, and a good partner, for the was merged with the industrial relations new OSH agency. inspectorate into a new Workplace Group Whether the government is prepared to Our readers want the best within the Department of Labour. The implement this recommendation will pro- argument in favour of this was that there vide a litmus test of whether it is genuinely HR and health & safety solutions... would be more inspectors, and that it was interested in implementing the other 15. Oth- inefficient to have industrial relations and erwise, we can all just sit back and wait for health and safety inspectors visiting the the next Pike River tragedy to occur, as well Are they aware of yours? same worksites independently. So it was as the 1000 or more ‘silent’ deaths from oc- thought to be a good idea to combine their cupational cancer, respiratory disease, heart roles – like getting your rubbish collectors to disease, neurological disease, and accidents, Talk to us about advertising in also deliver your mail. which occur every year. Employment Today and Safeguard Inevitably, the decline in OSH accelerated. Professor Neil Pearce is based at the London In one of the last reports published by our School of Hygiene and Tropical Medicine Committee (National profile of occupational where he is Professor of Epidemiology and Biostatistics, and Director of the Centre for Global health and safety in New Zealand. Wellington: Non-communicable Disease. Until 2010 he was NOHSAC, 2007.), shortly before it was abol- director of Massey University’s Centre for Public ished by the new National-led Government, Health Research.

42 SAFEGUARD JANUARY/FEBRUARY 2013 JANUARY/FEBRUARY 2013 SAFEGUARD 43 Speaking of Safety

Ross Wilson (lifetime achievement award 2009)

The Pike River Royal Commission findings were clear and strong. The health and safety New year, new actions systems of the mine owner were inadequate, mining should have stopped until the risks could be properly managed, and the JOHN BEAGLEHOLE outlines some resources available to help reduce government agency responsible failed to meet injuries at home, at work and during recreational activities. its legal responsibilities. The “hands off” approach reflected in the administration of the HSE Act has also been reflected in our media, in the frequent ridicule First of all, although it’s already friends, family and employees to of health and safety laws as “political correctness”, and in the bitter February, let me wish you a get active in 2013, ACC has de- opposition from some among the employer community when steps happy New Year. I hope you veloped ActiveSmart, specifically are taken, as they were for example in 2002, to strengthen the Act. had a relaxing break, and got to designed for joggers, cyclists In the case of Pike River Coal Limited, the hands-off approach spend some decent time with and walkers. permitted the company to undertaken a complex and dangerous coal your loved ones. ActiveSmart gives you the mining operation without developing the ventilation and methane To kick the year off, we ability to design customised drainage systems necessary to ensure the safety of the operation. thought we would take a look training plans to suit your spe- The Independent Task Force’s Consultation Document back at 2012 and highlight some cific fitness goals. Complete with indicates that it has identified many of the issues. Strengthening of the work ACC has under way training alerts, up-to-date weath- worker participation and rights must, as the Royal Commission to keep you, your friends and er forecasts, a training journal, recommended, be one priority. Effective employee participation whanau safe. At this time of year calendar and the ability to track is a vital part of the regulatory framework. Both Government and it’s also helpful to reflect on some your progress, you’ll reach your employers must accept the consequences of policies which have areas we can improve on, and goals faster. It is also a great way grammes in the business section improvements. Workplaces that resulted in a substantial de-unionisation of the private sector, set some New Year health and to encourage your staff to get of www.acc.co.nz. have programmes such as these and which include a need to strengthen the legislative safety goals. active. Visit www.activesmart. Home safety is also still a in place have lower claim rates support and resourcing of worker participation at all levels. This As a nation of sport lovers, co.nz to see just how easy it is serious issue for all New Zea- and less serious injuries. What strengthening should include a strong Code of Practice for Health being active is part of our every- to get active in 2013. landers, with one in every three can you do? and Safety Representatives. day lives. So we can continue to Although 2012 was a great injuries happening in the home. • introduce 5-minute breaks The lack of up-to-date codes of practice generally is another play the games we love and do success for injury preven- This means we are more likely every hour for all employees weakness identified by the Royal Commission. It was suggested to so safely, ACC runs a number of tion in sport, New Zealanders to be injured in the home than to participate in 2-3 stretching the Royal Commission that the Department of Labour, for reasons programmes aimed at reducing still have work to do in other anywhere else. exercises; of government policy and because drafting codes is time-consuming the incidence and severity of areas. One of these areas is This risk increases during the • encourage early reporting of and onerous, deliberately chose not to develop approved codes of injury during sport and recrea- workplace safety. summer months as everyone is discomfort, pain, and injury in practice. As the Commission points out, the consequence of this is tional activities. In the last decade, New Zea- suddenly going full force in the the workplace; a lack of guidance to duty holders and inspectors. The great news is it’s now land’s rates of fatal and serious garden, taking on a new DIY • use ladders instead of The process for developing codes of practice should be a safer than ever to play our most work-related injuries have failed project or having BBQs with chairs, clear away power tripartite one, including representatives of employers and unions. popular sports. ACC set a target to decrease, and are worse than family and friends. And when cords, and clean moss and Many current “codes” have been developed by employer industry of a 2% reduction in entitlement in comparable countries. To help an employee gets injured at slippery paths. groups, and this risks the same conflict of interest as led to the Pike claims from the priority sports turn these statistics around, the home, it can affect not only their 2012 was a year of hard work for River tragedy. of rugby union, league, netball Government set a target of at working life but also their everyone in the safety sector. It’s Company directors can play a critical role in creating safe and football. Entitlement claims least a 25% reduction in work- financial situation and personal great to see that New Zealand- workplaces yet their legal accountability under s56(1) of the HSE generally involve more serious in- place deaths and serious injuries relationships. ers are staying safe while doing Act is rarely enforced. The CTU has proposed the introduction of an juries which require help beyond by 2020. To help New Zealanders ACC wants you to enjoy what they love. But we still have offence of corporate manslaughter, as exists in the UK and Australia, initial medical treatment, such as achieve this goal, ACC currently your summer free of injuries, so a way to go in keeping safe in the as a means of sending a strong signal. An immediate effect in the UK social and vocational support. has a number of workplace pro- we have a range of resources workplace and at home. was the development of a code of practice detailing responsibilities ACC provides this support by grammes. The programmes give which will help you promote sum- Remember, ACC is here to of directors and board members for safety leadership. I support both helping people get back to work levy discounts to businesses mer safety with your employees, provide you with the support you corporate manslaughter and the development of a Code of Practice and independence as soon as it which are taking active steps to families and friends. You can find need to help you keep you and on Directors Responsibilities. is safe to do so. It’s thanks to the keep their staff safe. these resources online at www. your employees safe. If we all The Royal Commission also reflected the CTU submission that introduction of the priority sports Workplace safety discount homesafety.co.nz as well as work together we can dramati- a specialist regulator be established, and responsibility removed injury prevention programmes programmes encourage injury lots of ideas for activities you cally improve our workplace and from the “business-facing” Ministry of Business, Innovation and that we have managed to truly prevention in the workplace and can do with your organisation home safety. Employment. As Professor Neil Gunningham has warned: exceed the 2% target, achieving (from April 2013) are available for to make home safety a priority Keep up the good work, stay “…the location of an OHS inspectorate in a government agency whose a 5% reduction in new entitle- all businesses. And in the unfor- this year. safe and bring on 2013! primary responsibility is the economic success and productivity of the very ment claims in 2011/12. tunate event that an employee is Improving your health and industry it purports to regulate is a prescription for disaster”. S We all know the benefits of injured, ACC can help get them safety at home and at work getting out and being active – fit back to work as quickly and safe- does not mean you need to JOHN BEAGLEHOLE is General Ross Wilson is a lawyer and former NZCTU President (1999-2007). He and healthy workers are an as- ly as possible through our Return make drastic adjustments to Manager of Insurance and was Advocate for the NZ Council of Trade Unions before the Royal set to any workplace. To make it to Work programmes. You can your everyday lives. Even sim- Prevention Services at ACC. Commission on the Pike River Coal Mine Tragedy. easy for you to encourage your find out more about these pro- ple changes can make huge

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