Consultants the Agony Uncle helps out

For some time the job title "consultant" has seen this species rated somewhere between used car salesmen and real estate agents and even falling to the level of politicians.
At the dinner party, as the conversation around house prices fades, someone will ask "..and what do you do?" The reply doesn't include the word consultant. 

Here at WRS we have a few clients with whom we have had a long ongoing relationship with and others who we have seen once and never again.

So what is it that sees long term relationships with consultants work?
In simple terms if the consultant provides the client with what they want there is a good chance of further work. Further work then provides an opportunity to establish something more long lasting. So long as the consultant is delivering the service as agreed to, the client will be more inclined to utilise their services again.

Consulting work sometimes has a client perceived time based imperative. Often this is not in the best interest of the client. The work is rushed it places high time demands on busy employees. The work is basically set up to fail. The consultant leaves and no is left to drive the work required to ensure the project is a success.

In work, health and safety this is often the case.
Client; "We need a WHS system developed immediately. " This may lead to a bit of a cut and paste job from the consultants library. It neither delivers a working system nor satisfies the client, employees or the consultant. The client realises the system is not working or workable. The consultant is blamed and poor reviews get around quicker than a good one.


Listen and hear.
It seems to me if the client is listened to and actually heard there begins quality of work by the consultant. Consult (which some may notice is a part of "CONSULTant") all the way and record what is agreed to. Then include it in a plan of work. This then leads to Clarity of what is to be achieved and how.
In the case of the WHS System it may be that what is needed immediately is a Policy Statement including some responsibility statements to satisfy some reporting request. The development of a whole system is still required but not so urgently. From here a plan of work or project plan with objectives, responsibilities and time frames can be developed. The plan development requires full consultation and agreement with the client. This does not mean giving the client everything they ask for but guiding them through the process.
 Guidance
 Even a straight forward Audit isn't straight forward. If the client has a poor understanding of the Audit criteria they may get upset with a consulting auditor who is not explaining the criteria. Providing guidance to a client is vital. A client who understands the work being performed will be more willing to take ownership as the consultant plans their exit.

Visibility
Where will we seat the consultant? Rule 1. Do not kick someone out of their office. I have found it's much better to be sitting amongst people at a workstation. The consultant will be  more approachable and gain a much improved feel of the client organisation. Rule 2. Consultant is not an employee. A consultant is usually being paid a substantial amount of money. The reason for that is they have the expertise you need and are efficient at providing it. It is not efficient if the consultant is taking frequent breaks in the tea room with staff

Maintaining a connection.
There is often a flurry of consultant activity in the beginning of a contract/project and then a more settled and routine system of consultant involvement. It's during this more manageable phase that opportunities for longer relationships become apparent. It is also the phase when a consultant mentions the longer relationship the shark reputation evolves.
To avoid the shark stick to formal relationships and the recorded plan of work. This includes an exit plan if the work has been over a long period.

So when a consultant is on your mind get it clear in your head exactly what it is you want the outcome to be. Allow the consultant to guide you but not railroad you.

 

Workers exposed to noxious fumes

Sometimes I wonder  how health workers, workplaces and legislators feel when all the good work that  put in over the years  finally sees positive results, feel when it is so easily undone in the name of money.

The great bipartisan union of gambling and smoking look like having  a good win at Bangaroo.

In a triumph of retrospective hypocrisy a union has decided it's ok for their workers to be exposed to a substance that  is actually illegal to be released in any building in the country!

According to a newspaper article workers at the proposed Bangaroo Casino are to be exposed to the smoke of gamblers cigarettes (Some change to legislation is going to have to happen to allow the gamblers sorry, "high rollers" to smoke inside a building).

If a piece of equipment or plant emitted the same fumes the union would organsie a walkout and the WHS authorities issue a prohibition notice. A great precedent will be set if this goes ahead and the union will lose any moral authority it may have thought it had.

Congratulations all round. Dylan was right money doesn't talk it swears.

Making friends with your Risk Register

Risk Registers can be your friend.

Is the register not your friend because its needy - every month it cries out to be updated? Once updated it goes to sleep for another month.

The Risk Register is a great summary tool whether you're presenting to the board or just want to have a look at whole of risk status.

It is flexible in that different risk matrices can be included dependent on category.
If the risks are relatively low keep the risk matrix simple e.g High, Medium, Low. It isn't always necessary to follow the full blown risk management approach. Adjust it to a workable and meaningful tool.

The risk control columns provide the summary of all applied risk controls. If details are required refer to source documents (e.g Policy, Programs, Engineer Reports) they can even be linked.


More information required? Then add a column e.g cost.
Residual risk rating is able to be compared to inherent risk rating and judgements of the value or cost benefits can be made.

Build the register in excel and filtering tools help focus on a particular risk or any other analysis you may require.

Your register just wants some attention and then you'll have a friend for life.

Thinking you wont be caught?

Some interesting data from the Safe Work Australia Comparative Performance Monitoring Report (link below). Especially for workplaces who may be thinking there are only two chances of getting caught breaching the WHS Act.

A summary of the compliance and enforcement activities show that in 2010–11 there were:

•  79,290 proactive workplace visits around Australia
•  61,588 reactive workplace visits around Australia
•  11,01 field active inspectors employed around Australia
•  57, 611 notices were issued by Australian jurisdictions
•  397 legal proceedings against businesses were finalised, and
•  Australian courts handed out  $15.5 million in fines.

 For more details hit the link below. Other data includes:

• Progress against the National OHS Strategy
• WHS Performance including- Serious claims, Long term claims,  Fatalities
• Industry information - claims by industry, Premium rates by industry.

and more.


Safe Work Australia Comparative Performance Monitoring Report

Bullying a WHS Risk?

Myths about workplace bullying.


HC online have an interesting thread regarding Workplace bullying.


It seems that there are certain workplace hazards/risks that people feel are unable to be addressed utilising the WHS Act.

They tend to fall under "people behaviour". Maybe it's because low "industrial risk" workplaces don't see a place for the WHS Act or that because it's people related and not machine, plant or heavy physical work it doesn't apply.

Under the WHS Act Sect 19 (3) (c) a person
conducting a business or undertaking must ensure,
so far as is reasonably practicable:
(a) the provision and maintenance of a work
environment without risks to health and
safety; and
....(c) the provision and maintenance of safe
systems of work;

If the systems of work are not preventing bullying then they need reassessment. Utilise the risk management process to keep it objective. The "Health" part of Work Health and Safety relates to a persons well being at work. If work is the factor or a contributing factor to a person being bullied then assess it and manage it.
It's not always easy dealing with the human side of WHS but when done well it can the more satisfying aspects.

Like help with utilising WHS to manage bullying? Send an email and we will be happy to assist.

What does the board need to know about Work Health Safety?

Duty of Officers,  Section 27 of the Work Health Safety Act 201

Do you report WHS activity to the board or any other form of "Officers"?
With the first anniversary of the introduction of the WHS Act rapidly approaching it is a good time to review what you report and whether is assists the officers meet their obligations.

What are the obligations?

Under Section 27 (1) Duty of Officers.  -->

An officer….must exercise due diligence to ensure that the person conducting the business or undertaking complies with that (WHS) duty or obligation.

Due diligence includes:

• acquire & keep up to date knowledge of WHS matters,
• understanding the nature of operations & generally of the associated hazards and risks. 
• ensure PCBU has available:
•  and uses appropriate resources & processes to eliminate or minimise WHS risks. 
• appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding to them in a timely way.
• and implements, processes for complying with any duty or obligation under the WHS Act.
• The officers Verifying the provision and use of resources.

 Now is the time to review your reporting to boards and senior management. 

It is also important that the board are offered the opportunity to understand the WHS risks associated with the business operations. Don't just put it on paper give a presentation or have an expert deliver it. It need only be 15 minutes plus question time.

Check what information is provided to the board by people from other areas of risk or/and quality. This may provide a great opportunity to commence integrating risk operations.

 Work Risk Solutions can help put the presentation together and help deliver it if required.

Send an email to david@workrisksolutions.com.au for more information.  

Outdoor concert or event safety

New York Times
http://www.nytimes.com/2012/09/10/arts/music/advocating-for-outdoor-concert-safety-standards.html/?_r=0

Outdoor Event Safety is a topic that may not be that well thought about. Read the New York Times Article and have something to think about before you attend or organise an outdoor concert or event.

We at Work Risk Solutions have developed systems for indoor events that utilise mobile technology. We are now giving serious thought on how to extend it to outdoor events.

Oh S***

 
 ‘Oh S…!’: New government safety campaign launched, free info sessions on offe

The Corporate Risk & Insurance e-news has an interesting story relating to the Tasmanian Governments WHS legislation awareness raising campaign. Titled oh s*** the Tasmanian government is reminding workplaces it's time to get their act together in terms of meeting responsibilities under the Work Health Safety Act 2011.

It's good to see a less dry approach to promoting WHS.

If you are concerned now is the time to get a move on. Before we know it Melbourne Cup will come and go and suddenly Santa is about to visit.

Our advice is plan first and follow the risk management approach. This may be the time to consider getting in some help.

Work Risk Solutions has found that the clients we help via planning assistance and a mentor approach have a more robust and workable WHS system than organisations that do a rush job..  The rushed method of trying to get everything done in a short time frame has the risk of  watching it all collapse when the assistance/consultant leaves.

Don't forget the "Board". The WHS Act puts fairly high expectations on boards so include them in considerations from the beginning.

Can a WHS Risk lead to an opportunity for process improvement

If WH&S systems really wants to adopt a risk management approach (or become a component of integrated risk management) then opportunity needs to be a consideration.

Currently the process of  WH&S risk assessment and  the development of  subsequent risk controls do not consider the aspect of opportunity.

How can something considered to be a risk to peoples health and safety be considered an opportunity?

As mentioned in a previous blog (Is OHS blanketing  process risk managements -19/6/11) concentrating solely on WHS risk may lead to being blind to process risk. If, when WHS risk factors are reviewed during the assessment phase, consideration is given to the context of the risk an opportunity for process improvement may be identified. The resulting risk controls or risk treatments will then benefit both people safety and process efficiency.

Another way of looking at it may be: can this WHS risk control (or aspects of it) be applied to other areas of operation?

WRS has a client who invested a lot of effort in consultation to ensure a workable WHS system for Event Management, Property Management & Contractor Management. One aspect was introducing an assessment tool for Events and Contractor Management that could be performed on a mobile device (phone or ipad). It was quickly discovered that the mobile tool provided an opportunity to  benefit other areas of operations and more assessments (non WHS) were added to the mobile system leading to improved efficiencies and record keeping.

Remembering to incorporate opportunity as a component of WH&S risk management will lead to improved safety and efficiency. It will also assist in keeping people engaged in the risk management process whether it be WH&S or Process Systems.

Anyone seen Jonah?

So many topics to pick from this fortnight. The risk of not winning gold. The risk of watching the olympics and ending up with Eddie commentating (maybe it's Channel 9s version of Roy & HG).
But I have chosen the "biggest" story of last week; taking apart a decomposing whale.

Imagine showing up for work in National Parks. Gosh it's a lovely day for a walk around my bit of the park. Biggest risk? ".. avoiding arrows of National Park feral animal controllers" (see todays August 6, Herald pg 5 story of a Joey injured by an arrow). As you're getting ready a call comes through " look Bob it's a great day for the beach so could you grab your chainsaw and head out to Newport Beach?"
You beaut a day at the beach. Pulling up you notice a few more rangers and a back hoe on the beach. Stepping out of your ute the stench of rotting flesh hits you. My god whose had a curry and beer night! No one, you're here to cut up the dead decomposing carcass of a whale!

Where do you start with the site and job risk assessment?
1. Job is sited right on the high tide mark.
 - risk of drowning or just you swimming out to sea to get away from the smell. (Hoping the sharks sense of smell has failed them).
- The hazard of the beast rolling around as each wave washes up to it provides the enticing risk of being squashed by the smelly slimy thing.

2. Positioning yourself inside the belly of the beast. Beautiful! congealed blood, other whale body fluids dripping down. Standing on a rib or liver is rather slippery with the added risk of a few chainsaws being waved around by others in the same boat. Others who are gagging, trying not to look at what it is they are cutting up and generally thinking cleaning the sewage works would be better.

3. Being frightened to death as Jonah steps out of the whales' stomach and asks what has taken so long to rescue him.

And so it goes.

Controlling such risks needs some creativity.
Eliminate: Just leave the thing there. I suppose the locals would complain but you know we have to take a stand against this ever increasing NIMBYism. This is where the blanket statement of last weeks blog comes in handy: For health and safety reasons we can't let our workers near the whale. It's a natural event and we think we should let nature take its course.
Transfer the risk: Ask the Japanese whale scientific testers if they would like a free whale - to be removed at their cost.
Reduce the number of people handling the whale: Leave it until the swell drops and tow it out to sea. There is a possibility that every shark within a 100km radius will drop in for the feeding frenzy. When the frenzy is over what are those sharks going to eat next? Ocean swim anyone.

Ultimitely it comes down to turning the operation into a reality TV show - the Northern Beaches version of the Shire maybe.

We are looking for more identifiable whale risks and the associated management of such risks. So please forward them. We may even turn this into a competition! Include a name for the reality TV show - must be more inspiring than the pathetic Hobbitish name "The Shire".

"Blinded by the Light" - Health & Safety Muffle the Boss and Sir Paul

The sound was unplugged toward the end of a London Bruce Springsteen concert last week. Just as Bruce and his surprise guest Paul McCartney were about to close the sound was unplugged and the reason given?
The blanket statement of "...for health and safety."
The first question is what health & safety risks existed:

• At 70 odd years old it was past Sir Paul's bedtime or just protecting his vocal chords.
• The sound was so loud that nearby residents risked hearing loss.
• The audience (probably mostly over 50) were at risk of over excitement and its consequence (being happy, heart rate up and loving being in a crowd enjoying itself.)
• The sight of two of R&R's great stars was too bright and the audience would be "blinded by the light" (sorry couldn't resist that one)

It is such a common blanket statement that tells you absolutely nothing. It also gives those trying to promote Work Health & Safety a bad name.
There were no health & safety issues, the organisers or council authorities decided a curfew had been broken and the concert shut down. Instead of showing some courage or even independent thought they hid behind the blanket statement of "..for health & safety reasons". A rubbish statement joining "..in commercial confidence" as a great irritant of an excuse.

Using the term Health & Safety as blanket excuse in everyday activities (without giving any indications of  what the risks are) is an insult to the ability of people being able to make their own judgements.
 In the Australian workplace it is a requirement to identify workplace hazards and risks, assess and either eliminate them or control them. This risk management process also requires consultation with the people who may be at risk. A sensible and reasonable approach. An employee or an employer cannot make a "health & safety" call without it going through an assessment process. Blanket statements detract from the good work, health safety achieves in the workplace.

PCBU means what?

Person Conducting a Business or Undertaking (under the WHS Act 2011) known as PCBU, is posing interesting dilemma's for some organisations.

We asked a few Work Risk Solutions clients what the term  PCBU means for them. Here are the 3 most common interpretations they came up with:
1. It's no different to being an employer under the old legislation.
2. I have more means to insist on higher OHS standards from contractors (who are now considered  PCBU's).
3. My managers who operate at different sites will be considered a PCBU. Thus I can expect a higher standard from them.

PCBU may sound like a new analgesic but it is causing some pain as organisations try to figure out if it is so different to being an employer under the old legislation.
It may take the first few prosecution cases to gain a full understanding of what PCBU means.

In the mean time review and where possible improve your risk management approach to managing work health & safety. Including monitoring and holding all people accountable for the efficient management of WHS.

This is the first in a series of looking at the new legislation, now that it has been in operation for a few months. As Work Risk Solutions assists its clients working through the legislation we will post blogs on the various interpretations and strategies used to meet legislative requirements.