Safety Differently and Assurance

This is a quick shout out to my LinkedIn connections, especially those who are involved in “safety differently“.

I am doing research on health and safety assurance with a view to putting out a new book on the topic. My basic premise is that current health and safety reporting processes and metrics, including lead indicators, give us very little if any insight into whether health and safety risks in a business are being managed. To this end, I am interested to understand how organisations achieve health and safety assurance under the safety differently model.

 If anyone out there who is implementing the safety differently principles would be willing to share information about, or examples of their health and safety reports/reporting, it would be greatly appreciated.

 Cheers.

 

 

HSE Assurance program in Sydney – 26 June 2017

This is a shout out to my contacts in NSW to let you know that I will be running a HSE Assurance program in Sydney on Monday, 26 June 2017.

This program follows a successful pilot program that I ran in Perth last month.

The program will teach participants how to develop an assurance program for workplace hazards and a framework to demonstrate if the organisation is managing the hazard to a “reasonably practicable” level.

You can access information about the program at the link below.

HSE Assurance program – Sydney 26 June 2017

 

 

Health and safety assurance

In June 2017 I will be speaking at the AUSA  Conference in Hobart, Tasmania on the topic of health and safety reporting:  Health and safety performance indicators: Measuring activity, providing assurance or undermining safety.  This is a topic that I have been focused on over the last 12 months (Measuring and Reporting on Work Health & Safety, WHS Reporting and Due Diligence: Some practical thoughts, Health & Safety Assurance Workshop)

You can find out more about the conference from their website.

I have been doing a number of recent training programs looking at HSE assurance, and I have put together a short presentation that looks at some elements of a broader assurance picture.

You can view the presentation HERE.

Best regards

Greg Smith

2017 AUSA Conference – Playing devil’s advocate

In June 2017 I will be speaking at the AUSA  Conference in Hobart, Tasmania on the topic of health and safety reporting:  Health and safety performance indicators: Measuring activity, providing assurance or undermining safety.  This is a topic that I have been focused on over the last 12 months (Measuring and Reporting on Work Health & Safety, WHS Reporting and Due Diligence: Some practical thoughts, Health & Safety Assurance Workshop)

You can find out more about the conference from their website,   But if anyone who would like a sneak preview of what I will be speaking about, a short video presentation is available below.

 

When does a principal “engage” a contractor and other observations

On 27 March 2017 the NSW District Court handed down a decision in Safe Work (NSW) v Activate Fire Pty Ltd; Safe Work (NSW) v Unity (NSW) Pty Ltd [2017] NSWDC 66.

The case provides an excellent summary of key legal principles underpinning health and safety legislation. It also provides very good insight into the issue of when an entity “engages” a contractor for the purposes of health and safety legislation.

Finally, the case is instructive, because the Court examines each of the allegations against Activate and Unity – the things the regulator said it was “reasonably practicable” for them to do – and explains why those things were or were not reasonably practicable.

You can access a 25 minute video presentation about case HERE.

Work as it is actually performed: investigating when nothing happens

There has been some discussions and commentary in various online forums recently looking at the issue of “positive” incident investigations.  Although there seems to be a variety of nuances in the description of positive investigations they focus on “what went right“.

Some of these investigation models have also incorporated a broader management technique of “appreciative enquiry“, which, as I understand it, came to prominence in the late 1980’s (see HERE for examples and information about appreciative enquiry).

The discussion about these frameworks describes the “what went right” philosophy as a positive view of investigations. It is a philosophy that does not focus on blame, but promotes discussion:

The benefit of that approach is that the conversation with witnesses is an entirely positive one. It is not about what could have happened. Not about the doom and gloom narrowly averted. Rather, it is about their heroic act, well designed process or lucky event that allowed us to avoid the adverse outcome. People love talking about positive things particularly if they had something to do with them. (https://www.linkedin.com/pulse/investigate-your-serious-near-misses-positive-way-michael-tooma?trk=prof-post)

 In my view, when organisations are not mature enough to talk about issues in a non-judgmental way, without attribution of blame, the “what went right” enquiry may present a risk.  It may be seen as a contrivance, with the facilitator spending a lot of their time saying things like “remember this is not about blame“.

In “mature” organisations the need to construct a system of enquiry to focus on the positive and avoid discussion of blame is largely redundant because the participants are aligned with and support the goals of the organisation.  Their desire to support the goals of the organisation overrides any petty, personal concerns about individual praise or blame.

If you have ever been privileged enough to work with high-performance sporting teams or elite military forces, you will understand this idea.

A precondition of belonging to these groups is the willingness to say and hear things that support the group’s objectives without personal agendas or taking personal affront.  The newest member of the team has a license to speak frankly about the performance of the most senior, and the most senior is expected to accept that conversation, not in the context of them personally, but in the context of the overall objectives of the team.

The extent to which organisations have to contrive a system whereby participants are corralled by a “what went right” narrative says a lot about the culture of an organisation and the “buy in” that people have to team objectives.

That is not to say that appreciative enquiry or investigating “what went right” does not have a place in organisations, nor that it could be an important building block along the way to developing something like an elite performing team.  But as a word of caution, you should also understand some of the paradoxes involved.

The Safety Paradox supposes that any initiative done in the name of health and safety has the potential to both improve and damage health and safety in a workplace.

Having sat through appreciative enquiry “management brainstorming sessions” and incident investigations there is a strong sense of “flavour of the month” initiative as well as an even stronger sense of avoiding accountability.  An overriding impression of a process delivered without context or explanation – why this and why now?  The end product is a wall of butcher’s paper populated with sweeping motherhood statements and management speak, completely absent any meaningful desire to manage known problems.

The pendulum, it seemed, had swung too far the other way.

Again, that is not to say it is not an idea that should not be explored and applied.  But it needs context.  It needs explanation; it needs skilful facilitation, and it needs, perhaps most importantly, dedicated and meaningful follow-up with implementation.  Otherwise?  Well, we have all been in “those” types of sessions.

Another aspect of the “what went right” investigations is the requirement for something to have occurred.  There needs to be an incident or near miss to trigger the enquiry.

A risk in the “what went right” enquiry (without more) is that it can contribute to the illusion of safety.

The illusion of safety is the gap between safety management as we imagine it in our organisation and what happens in practice.  Incident investigations can be a powerful tool in exposing the illusion of safety because they have the potential to illustrate the disconnect between what we think happens and what is happening.  By just focusing on “what went right“, particularly in near miss incidents, we may fuel the illusion of safety and create a narrative that our systems are working to protect us from these incidents – effectively papering over the cracks in the edifice.

While avoiding blame and promoting open discussion is important, so too is avoiding sugar-coating the situation.  Again, balance, transparency and genuine enquiry ought to be the goal.

I would like to suggest something different – investigating work as it is performed; investigating when nothing happens.

An investigation framework that I find useful uses systems as opposed to causal analysis.

It supposes that organisations have systems and processes in place to prevent certain things from happening and tries to understand:

  1. What should have happened: how should these are systems and processes have been applied in a particular case to prevent the particular thing from happening; and
  2.  What happened: how was the work performed in the particular case.

From there, we identify and try to explain the “gap” between what should have happened and what did happen.

This framework is not concerned with “causation“.  All identified gaps are given equal attention and analysis, regardless of their potential causal relationship with the incident.  They are all important because they all represent a potential systemic weakness in safety management which, given a different factual matrix, could be causal.

The attractiveness of this framework is that it can help you identify systemic weakness when nothing has happened.

A few years ago I was involved in an incident leading to the prosecution of a client following a working at heights incident.  The incident and the various investigations that followed revealed the usual list of suspects:

  •  Training not followed;
  •  Procedures not followed;
  •  Risks not identified;
  •  Lack of supervision;
  •  Documentation not completed properly, and so on.

As part of working with that client, we applied the systems analysis framework to a range of other, similar high-risk work, including:

  •  Examples where the same task had been performed;
  •  Examples of different working at heights tasks; and
  •  Examples of other high-risk work tasks, including lifting operations and confined space entry.

In every case, the work had been performed “successfully“, without incident or near miss.

However, the analysis of the gap between how the work should have been performed and how it was performed demonstrated the same types of “failures” in the way that work was ordinarily performed as when the incident occurred.

In other words, even when work was “successful”, procedures were not followed, risks were not identified as well as they could have been, training was not complied with, documentation was not completed and so on.

The systemic weaknesses were not just present at the time of the incident.  They were characteristic of the way work was performed in the days and months previously.

The incident was not a one-off departure from an otherwise “good” system – it was simply evidence of otherwise broader, systemic failures.

Moreover, this system analysis approach highlighted weaknesses hidden by the traditional safety metrics – injury rates, action items closed out, hazards reported, management site visits, etc. – all of which were “green“.

I have applied this method of review from time to time over the years where I have been able to convince clients of its value.  On every occasion it brings to light the gap between the safety as imagined and safety in practice, lifting the veil on the illusion of safety.

In the Pike River Royal Commission, the Commission carefully examined Pike River’s system of incident investigation to understand if it “worked“.  They reviewed 1083 incident investigations and did a detailed examination of 436 of them.  Managers were subject to examination of their understanding of the investigation process, and ultimately the Commission found that “incidents were never properly investigated“.

You can see an example of the examination of management HERE.

Weakness in incident investigations, amongst other important systems elements, formed the basis of significant criticism of Pike River and its management:

 Ultimately, the worth of a system depends on whether health and safety is taken seriously by everyone throughout an organisation; that it is accorded the attention that the Health and Safety in Employment Act 1992 demands.  Problems in relation to risk assessment, incident investigation, information evaluation and reporting, among others, indicate to the commission that the health and safety management was not taken seriously enough at Pike.

 What do your philosophy and implementation of incident investigations say about you?

New High Court Comments on Reasonably Practicable

In a decision published on 24 August 2016, the High Court of Australia considered elements of the legal test of Reasonably Practicable.

The case, Deal v Father Pius Kodakkathanath [2016] HCA 31, involved a primary school teacher who was using a step ladder to remove papier-mâché displays from a pin board on a classroom wall. During the task, she fell from the stepladder and injured her knee.

Much of the case considered the application of regulations 3.1.1, 3.1.2 and 3.1.3 of the Victorian Occupational Health and Safety Regulations 2007 and the concept of “hazardous manual handling task“.

However, the case also provided useful discussion on the concept of Reasonably Practicable.

You can access an update about the case HERE.

Executive due diligence

Managers have always had a central role to play in promoting and driving health and safety in the workplace. This is recognised not just in a safety management context, but also in a legal context. Managers have always faced more significant sanctions for breaching health and safety obligations in their capacity as a manger, than in their capacity as an employee.

The legislative focus on the role of senior managers was made abundantly clear during the development and passage of model legislation designed to “harmonise” Australia’s health and safety laws. As part of the package of new laws the concept of “positive” due diligence was imposed on Company Officers, increasing both the expectations on those Officers, and the consequences of non-compliance with the laws.

While harmonisation may have made the obligations “positive”, and increased the consequences for noncompliance, the notion of management due diligence, and its importance for health and safety is not new. Indeed, the content of the obligations of due diligence have not changed, and can be simply stated as:

… the installation of a proper system to provide against the commission of
[offenses] and the provision of adequate supervision to see that the system was properly carried out … ( Universal Telecasters (Qld) Ltd v Guthrie [1978] FCA 9)

You can view a short primer on due diligence HERE.

You can access a more detailed analysis of this topic HERE, or subscribe to my updates HERE.

WHS Update: Training, supervision and the safe performance of work.

A recent NSW decision, Jurox Pty Ltd v Fullick [2016] NSWCA 180 has looked at the obligations of an employer to ensure that workers understand and comply with training about the safe performance of their work.

In the case, a labour hire employee was required to use a mechanical aid to lift 25kg bags of dextrose and empty them into a hopper. She was seriously injured when she manually manipulated a bag in breach of her employer’s system of work.

A majority of the Court found the worker was only shown how to empty the dextrose into the hopper once, and she routinely performed the task incorrectly without a supervisor correcting her. They found that she:

… did carry out the task in the manner … contrary to the instruction given to her … and that she did so as a matter of routine. Put differently, she adopted an unsafe work practice, and that work practice continued, uncorrected, until the day of her injury. [70]

Despite the apparent repeated non-compliance with the system of work, the employer was found to be negligent, in part due to a failure to ensure that the training the employee had received was understood, implemented in practice and enforced:

That would not have involved (as was contended on behalf of Jurox) constant supervision; it would have meant no more than reasonable attention, when the respondent was first instructed, to whether she had absorbed the instruction.

You can download a more detailed analysis of the case HERE.

You can also subscribe to our updates HERE.