Newsletter: December 2020 Newsletter

Recently the Business Leaders’ Health and Safety Forum held a workshop in Christchurch on the always trending topic of wellbeing. We all probably think that we understand quite a bit of how wellbeing can affect our personal and professional lives, and also the large overlap of wellbeing into the health and safety realm.

However, at this workshop we were introduced to a new concept, that of dignity. I believe that many of us have not thought too much about the role that dignity plays in our lives and the lives of others, and how it can affect wellbeing. This was introduced by Dr Donna Hicks, from the Weatherhead Centre for International Affairs at Harvard University. Dr Hicks has been extensively involved in international conflict resolution, and it was through this work that the idea of dignity as the unspoken barrier to conflict resolution was born. She has since researched dignity extensively and written several books on the topic, including one on how to lead with dignity.

The first bit of new information for me was that dignity is not the same as respect. Respect has to be earned and conferred onto you by another, and respect can easily be lost. Dignity is the inherent value in every human being, and we are all equally worthy regardless of status. No one can take our dignity away from us, but it can be trampled on, injured and wounded.

The second piece of information was that the human brain responds to injured dignity in exactly the same way it responds to a physical injury. If we break our arm, it is fairly easy to spot, and we would generally go to the hospital to be treated and eventually cured. Injured dignity is harder to spot, and there are no places to go for a cure, so the injury tends to linger and can often not be healed.

It turns out that dignity has ten essential elements; acceptance of our own identity, recognition of ourselves by others, acknowledgement, inclusion, safety (both physical and emotional), fairness, independence, understanding, benefit of the doubt, and accountability. In terms of workplaces, the most commonly violated element of dignity is safety, with the phrase “I don’t feel safe speaking up” a recurring theme. This may ring a few bells in the health and safety space.

The flip side of the dignity coin is that we are all able to take responsibility for our own dignity. However, there are several temptations we face in which we can effectively violate our own dignity. These include saving face, shirking responsibility, avoiding conflict, resisting feedback, blaming others and assuming the innocent victim.

If you would like to find out how your organisation is tracking on the dignity and wellbeing spectrum, the suggested first step would be a simple survey of all staff. Just ask them to rate each of the ten essential elements of dignity on a 1-10 scale. The results may surprise you, but it will provide good feedback.

Paul Duggan, General Manager

WorkSafe NZ has filed charges against 13 parties after an investigation into the Whakaari/White Island disaster

Shortly after the charges were announced the Canterbury Safety Charter Board Member Matt Jones caught up with DeAnne Brabant, Senior Associate at Morrison Kent Lawyers and WorkSafe Prosecutor for five and a half years, to understand what this could mean for businesses and individuals alike.

Below is a summary of the key takeaways from that discussion.

What we currently know

Forty-seven people were on the active volcano, off the coast of Whakatāne when it erupted on December 9, 2019. Of those, 22 died and 25 others survived but suffered severe injuries.

WorkSafe, New Zealand’s workplace health and safety regulator, launched its investigation into the Whakaari/White Island disaster on December 11 – two days after the tragedy – and has now come to a decision.

Ten companies are facing a maximum fine of $1.5 million for breaches of the Health and Safety at Work Act.

Nine face a Section 36 charge of failing to ensure the health and safety of workers and others, while one other faces a charge under Section 36 or 37 relating to the duty of a person conducting a business or undertaking (PCBU) that controls a workplace.

Three people will also face charges under Section 44 of the Act, which requires directors or individuals with significant influence of a company to exercise due diligence to ensure their companies meet health and safety obligations, and face a maximum fine of $300,000.

A preliminary hearing will be held at Auckland District Court on December 15, 2020, with a second court hearing likely in 2021.

We won’t know the full details for quite some time, however we can assume that the nine PCBUs and the three officers charged have failed to ensure adequate risk management practices, including emergency response planning, leading up to the event.

Three Officers Charged

This is one of the first instances since the Health and Safety at Work Act 2015 (HSWA) was introduced, that the Duty of the Officer is to be tested in court. Under Section 44 The officer must ensure that adequate resource is in place to manage the health and safety risks that the operation exposes to its workers and others. They must also play an active role in ensuring that those resources are effective and adequate – requiring them to have a solid grasp of HSWA and risk management (both internally and from a wider industry perspective).

WorkSafe have clearly determined that these three individuals have been found wanting.

Failing to Ensure The Health and Safety of Workers and Others

Most likely the charges brought against the PCBU under Section 36 of HSWA will relate to others, who in this instance will be the customers brought to the island as well as the individual guides.

WorkSafe’s Independence In This Case

Some have been quite vocal about their concerns regarding WorkSafe’s role leading up to the event and as prosecutor since. DeAnne reminded me that the adventure activities registrar within WorkSafe is quite independent from the investigations department. The inspectorate’s role is to take a snapshot in time of the processes and activities that they observe on the day of their assessment. What decisions PCBUs and individuals choose to take on any given day after the assessment is beyond the scope and responsibility of the inspector.

The Timing of The Charges

Almost exactly a year to the day of the event the charges were announced, for some this may have seemed quite unfair to the families and communities impacted. WorkSafe have just 12months to investigate an incident, due to the full scale of this event and the massive resource that the regulator has invested, it is quite extraordinary that they have managed to achieve it within the time frame. They had the option to request an extension of time however chose to commit to the 12month window.

What to Expect Over The Next Few Months

Initially the charged will be provided with a copy of the summary of facts (including documentation, maps and details specific to their case). The summary of facts will then enable the accused to make an informed decision on how they should plea. If they plead not guilty, they will then have full disclosure of all the investigation material to build their case. It is safe to assume that we can’t expect any outcomes from the prosecution for several months at least. A case of this scale could take us into 2023 or beyond (the trial itself may not even begin until 2022).

What PCBUs and Officers Can do to Reduce Their Risk

It starts at the top. The officers need to have a firm grasp of their duties under HSWA and know the risks associated with their operations. They must also ensure that the PCBU has an effective safe system of work. A good place to start is to ask questions such as:

• What are the risks?
• How are they controlled?
• What are the plans for forceable emergencies?
• How do we check the control effectiveness?
• How do we communicate across the organisation?
• How, as an Officer can I verify that the system is fit for purpose?

Professional external advice is also key. Ensuring that your professional consultant is recognised on the Health and Safety Association of New Zealand (HASANZ) register, has experience in your industry and has a demonstrable history of quality service is essential.

Being an active member of the Canterbury Safety Charter is also an important step to take. It keeps you and your business up to date with the latest developments, gives you access to subject matter experts and face-to-face peer support at our regular public events.

The full interview with DeAnne can be found on YouTube here: https://youtu.be/1caVbwah8qA

And the podcast version on Spotify here: https://open.spotify.com/show/3YyRhS1wT4KTdIc7qMhopW?si=lONO-waGSv-vjwc7DFOWSg

Matt Jones

Charter Board Member

Building Information Modelling is the use of a digital representation of a structure in three dimensions. BIM is a powerful communication tool collaboration platform, and its use is becoming more common. According to the 2020 BIM Benchmark survey, in the last six years the use of BIM had doubled within the building and construction Industry.

Today we talk with Nick Steel, Project and Engineering Manager for the new manufacturing facility currently under design for Hamilton Jet.

Q: What projects have you used BIM modelling?

In the past BIM was used extensively for the Skellerup design and build project in Wigram. The building was designed using BIM modelling which allowed the design team to control and produce documentation from concept through to fabrication with controlled QA held by the design team throughout the project. This allowed early procurement of subcontractors and enabled changes to occur with accuracy and coordination. We will use BIM for the base build and services in the new facility at Hamilton Jet, as well as modelling the entire relocation sequence for the manufacturing plant and equipment.

Q: What are the main benefits of using a BIM model compared with a traditional approach.

The biggest benefits are based on multi trade collaboration which enables greater clash detection and less change or rework. This in turn reduces conflict on site, allows better understanding for costing, improved H&S consideration for design, fit-out and relocation. Early engagement with all key consultants once design is agreed is greatly beneficial to the success of the project.

For example, on the Skellerup project the sub-contractors laid over 5km of pipework and over 20km of electrical cabling with zero clashes and no rework. We were able to transfer 160 injection molding machines from the old site (2 per day) while the new site was under construction

Q: How can the upfront cost of a BIM model be “clawed back” during construction and use of a facility.

The biggest cost saving in using BIM is the detection and elimination of clashes and rework. I would estimate that the return on investment here is about 40:1, that is for every dollar spent on BIM, you save $40, if not more in rework due to hard clashes with the physical structure or clashes of services and access. The other big saving is in construction time. Using the BIM model to sequence the work means that each trade or service provider can work at their own time and in their own space. This makes the whole process quicker as well as safer. On the Skellerup project, we had no clashes on site with subbies fighting over space, and we even had the ability to model and sequence lay down areas and van parking.

Q: How can Health and Safety be integrated into the BIM Model, and what are the advantages of doing so?

With BIM you can very quickly identify issues with building and plant access or installation during the base build, fitout or relocation. The choreography simulation of relocating or installing equipment can be modelled in BIM and any clashes identified early. This assists all trades on site. For the Skellerup build, we had daily BIM Printout for the toolbox talks of who as working where, vehicle movement, lifts, exclusion zones, work at heights and when plant was being energised.

Each month we had a meeting with all trades to look for clashes and then determine the actual day to day work sequence. We could walk through the model to understand controls and isolation points. On this project we had over 200,000 man-hours with no serious harm injuries. We also had the consultants come on site every month to observe the progress of their designs and talk to the sub-contractors.

Q: What is your predictions for the future use of BIM in the New Zealand construction Industry

I would be surprised to see many construction projects proceed without some level of BIM and very few if any for a manufacturing facility. It greatly assists with all consultants in the preliminary to detailed design stage and with all trades at the time of fitout and relocation. BIM is an excellent tool for reducing and eliminating clashes which makes for a safe and stress -free project. You take people on the journey from preliminary and detailed design to fitout, relocation and installation of equipment, and BIM facilitates this journey at every stage.

BIM model of the boiler on left and as build on right. Each colour in the BIM model represents a different trade/service involved in the installation and commission.  The BIM model allows collaboration between the different services in both the model and during installation.

“We have a deliberate Intent of building a “stronger together” focus on engaging and empowering others to embed Health safety and wellbeing as a Personal Value”

Upon reflecting on the trial and tribulations this past year has given us I still struggle to comprehend how fast this year has fallen away. That horrible “C” word I do not like to say out loud anymore (like a curse word) has changed our lives forever. On the flip side I have watched people learn and grow so much because of the challenges this global crisis has presented.

“We banded together in true Cantabrian style once again! Standing up together, united in the face of adversity.”

Within the Canterbury Safety Charter, we too acknowledge that together we are stronger. This brings me to having the privilege of announcing that both the Heath & Safety Representative group and the Heath and Safety Practitioners group are joining forces.

“Bringing together two groups of very passionate health & safety focused people.”

Both Liz Hodgson and I as Chairpersons of these two groups understand that both HSR’s and Practitioners are all at different stages of their journey in health & safety and wellbeing. Bringing the groups together will enable us to share valuable resources and will allow us to host quality events that will be focused on engaging and empowering Cantabrians.

The mission of the Charter Leadership Group is to encourage others to engage, learn and grow. To present opportunities to improve on personal development so that health & safety is no longer just a job, or something we must do, instead it becomes a personal value.

We will create opportunities to bring industries together to converse on what will make a difference in the health safety and wellbeing in not just workplaces, but also in our lives.

Collaboration across stakeholders means we all can be involved.

Tammy Alexander

Co-Chair (Charter leadership Group)

The Charter Leadership Group presents a health and wellness Workshop for Charter Members, who want to learn about looking after their team. 

23rd February 2021. 

2 Workshops – 8.00am – 9.30am and 10.30am – 12.00noon (participants only need register for one workshop) 

Trade Union Centre, 68 Langdons Road, Papanui