Example: A business performing high risk work, has multiple incidents, following workplace layout and practice changes, each with potential for fatality, occurring via a similar mechanism, investigated by different supervisors on the ground, with the uninjured individuals involved receiving counselling and administration risk controls recommended and implemented.
The Work Health and Safety Regulation 2017 (NSW) says, 38(A) A duty holder must review and as necessary revise control measures implemented under this Regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.
Circumstances when a business [usually a duty holder] must review risk control measures (triggers):
- when the control measure is not working (eg when someone is injured or experiences a ‘near miss’)
- before workplace layout or practices are changed
- when new equipment, materials or work processes are introduced
- if a new problem is found
- if consultation shows a review is necessary
- if there is an injury or near miss
- if a health and safety representative requests it, (SafeWork NSW, 2021).
A lesson in the above example, is that a risk control review and as necessary a revision of the risk control measures, was a must do after the first incident, as it satisfied at least four bullet points.
A review may start with ‘hazard identification’, as the first step in the risk management process, i.e. an inspection of: the physical work environment; equipment and materials used; work tasks and how they are performed; and the work design and management.
The following questions should also have been considered:
- Are the control measures working effectively in both their design and operation?
- Have the control measures introduced new problems?
- Have all hazards been identified?
- Have new work methods, new equipment or chemicals made the job safer?
- Are safety procedures being followed?
- Have the instruction and training provided to workers on how to work safely been successful?
- Are workers actively involved in identifying hazards and possible control measures?
- Are they openly raising health and safety concerns and reporting problems promptly?
- Are the frequency and severity of health and safety incidents reducing over time?
- If new legislation or new information becomes available, does it indicate current controls may no longer be the most effective? (SafeWork Australia, How to manage work health and safety risks, Code of Practice, p.24, 2018)
The investigation may have covered some questions and a workplace inspection; however, quality is always dependent on work health safety investigator competency, experience and enquiry scope.
The most reliable method, is to conduct a separate risk control measure review process, based on the above [legislated] triggers concisely provided above.
The good news story is that, further potential human, legal and business costs, of injury or fatality were prevented in the example business, following related risk control measure review and revision.
‘We cannot solve our problems, with the same thinking that created them.’ (Anon)