I'd love to see an article by a lawyer — Chris Peace

Working on it ...

Good point. I think Olivia means SMEs only, ie: the type of small outfit that liquidates itself and then re-emerges trading under a new name, using the same equipment and owner/operator.

I sent Lawrence Waterman a link to this thread. He replied that his "crude comment" about 5% technical and 95% people was designed to stimulate thinking, and that the responses in the Forum "are much more thoughtful than my throwaway remark deserved".

Nevertheless, he adds:

"More mature and experienced practitioners, in general, do focus on the people they are working with, working for and seeking to influence - but the noise meter, the air sampling pump, the measuring tape, the spreadsheet are still sometimes deployed as barriers to hide behind, and to generate “comfort tasks”. I was suggesting that, however perplexing and critical the technical issues are, we need to remember what we are in safety and health for, and to never let the technical become a smokescreen behind which we fail to develop the crucial human relationships based on mutual respect that can sponsor and maintain real improvements in the workplace."

To place Lawrence's view in context, attached is his piece in Safeguard.

For those unable to download the PDF (because not a member of the Forum), here is the text:

Farmstrong takes out top national health and safety award

AUCKLAND, New Zealand, Wednesday 11 November 2020

The nationwide agricultural sector wellbeing programme Farmstrong has taken overall honours at this year’s New Zealand Workplace Health and Safety Awards.

Fifteen awards were presented at a gala dinner at the Cordis in Auckland last night, having been postponed from the original June date due to Covid-19.

The awards, which began in 2005, are organised by Safeguard magazine and proudly supported by WorkSafe New Zealand. The awards are judged by a panel which includes representatives from WorkSafe, Safeguard, a union, and two health and safety practitioners.

Peter Bateman, convenor of the judging panel and editor of Safeguard, said Farmstrong’s intense focus on the mental health of the rural community is to be commended.

“Farmstrong seeks to engage with farmers in a relatable and authentic way which a generation ago would have seemed unlikely.

“Farmstrong also has a real commitment to research, which is generating statistics that are being shared within New Zealand and abroad.”

The winners were:

The WorkSafe New Zealand/ACC best overall contribution to improving workplace health and safety in New Zealand

Farmstrong

Dentons Kensington Swan best initiative to address a work-related safety risk

Ixom
A new training facility replicating a client site allows trainee chemical tanker drivers to learn the basics of loading and unloading using water, eliminating the risk of chemical exposure.

WorkSafe New Zealand best initiative to address a work-related health risk

Fonterra Co-operative
Occupational health nurses were given additional training to enable them to lead and implement a new risk-based health strategy in their re-imagined role as health navigators.

Vitae best initiative to improve worker health

Treescape
Has partnered with the National Foundation for the Deaf to support staff with hearing loss, to offer apprenticeships to those with hearing disability, and to raise awareness of noise-induced hearing loss.

NZ Safety Blackwoods best initiative to encourage worker involvement in health & safety

Refining New Zealand
Replaced its global behavioural safety approach with E Tū Tangata, a values-based framework created and championed by its own workers and contractors.

3M best use of New Zealand design/technology to eliminate or manage a risk

Voideck NZ
A new modular suspended working platform design allows a temporary floor to be fitted to a building under construction. The design is adaptable to voids of any shape.

Impac best collaboration between PCBUs

Frucor Suntory
A significant and open-ended collaborative project to review risks associated with machinery across multiple plants saw multiple improvements made.

ACC best leadership of an industry sector or region

Farmstrong
This wellbeing programme for farmers tracks its own progress using quantitative and qualitative measures and has become a widely recognised brand in the rural sector.

NZISM health and safety practitioner of the year

Adele Saunders, St John
Supports staff involved in traumatic events and has built a model of psychological care which aims to build adaptive capacity for staff to be able to dynamically manage risk.

edenfx HSE Recruitment emerging practitioner of the year

Gareth Beck, Aurecon
Formed the Emerging Safety Leaders group to help establish a solid pipeline of younger people into the H&S profession.

Vero Liability health & safety representative of the year

Chris Gorringe, Department of Corrections
Issued a Provisional Improvement Notice to get door access made safer after a number of staff were able to be assaulted due to design faults, and contributed to the new design.

Countdown lifetime achievement awards

Colonel Clare Bennett
Recognised for developing a mental health strategy for the NZ Defence Force which has achieved real culture change and has been adopted by other organisations.

Mike Cosman
Recognised for devoting his working life to health & safety, including being an influential member of the Independent Taskforce which outlined new legislation and a new regulator.

ecoPortal judges’ commendation awards went to:

Department of Corrections
Developed a structured, repeatable deep-drive approach to critical risks which highly engages senior leaders, guarantees input from staff and identifies clear actions.

Grant Pritchard, Spark New Zealand
An advocate for mentally healthy workplaces who has created a 600-strong peer support community within Spark and has influenced other organisations on psychological safety.

The published survey results are here.
Only 12 respondents indicated they worked in the not-for-profit sector. Going back over the years we have run this survey, we have always set a limit of at least 20 responses in any given group to justify publishing a median figure for that group.
(We acknowledge that, statistically, calculating a median from as few as 20 data points isn't optimal. But we set that limit in an effort to balance statistical validity with readers' need-to-know.)

Perhaps a better question to ask would be: what other types of job or role are comparable to H&S roles?

Mind you, the prospect of asking Grant Dalton what frustrates him is a bit daunting.

Sounds like farmers would appreciate a Safety-II approach: talk to them about their work (not about H&S) and then ask some questions around what frustrates them, what work-arounds they have to take and in which circumstances, etc. So you can demonstrate your interest in their work and that your motivation is to help make it better.

Inspiring people, and great to see you now paying it forward!

Nice tribute, and thanks for being first to have a crack at this!

A gentle reminder that the income survey closes 18 September.
More than 370 people have already completed it.
If you aren't one of them - there is still time! Your input would be much appreciated.

The 2019 survey results are attached.

The Australian officer convictions have indeed been against small business owners who are 'on the tools' as it were. In that regard it is a similar outcome to those jurisdictions around the world which have introduced the crime of industrial manslaughter: it's the small business owner who gets charged and jailed.

So far, we can say that directors/officers of large corporates have a near-zero risk of being personally charged with H&S offences or industrial manslaughter.

I'm not arguing for wielding the big stick, but setting that aside - it doesn't seem fair, does it?

Whoa! I didn't realise the penalty provisions in HSW Act 2015 were so severe :lol:

Amanda, many thanks for your time and expertise this morning, it's been a fascinating discussion and one that always provokes much debate.
And thanks to everyone who submitted questions and comments!

Time is almost up. Last questions please!

The culture of the workplace must be an important factor. Drug testing, particularly random testing, has always struck me as undermining of the trust necessary for a high performance workplace.

FWIW, I will be voting in favour of the Cannabis Legalisation and Control Bill, which puts me in the minority of the Safeguard survey respondents!
Experts in health and science far cleverer than me have concluded the Bill is the best way forward, and certainly the current 'war on drugs' regime has failed for decades.
(If there was evidence that legalisation would result in a higher risk of injury incidents in the workplace, I would think again. But to my knowledge there isn't any.)

Looking at the 400+ responses to the recent Safeguard survey on legalisation, I suspect many H&S people fear that legalisation of cannabis will lead to an increase in the number of workers turning up for work impaired.
Is there any evidence this would occur?