Beyond auditing for due diligence 4

One of the most significant motivators for changes in safety leadership in the executive circles in Australia has been the obligation to apply due diligence to occupational health and safety (OHS) matters. The obligation has existed for several years now but is still dominated by legal interpretations rather than managerial ones. To support the legal obligations, OHS professionals should look at how they can add value to due diligence.  One way of achieving, and exceeding, compliance of due diligence would be to subject OHS systems and strategies to a peer-review rather than a narrow audit process. More…

Uninspiring discussion on OHS in Tasmania’s Parliament Reply

On 28 April 2015, the World Day for Safety and Health at Work, the Legislative Assembly of the Tasmanian Parliament discussed the significance of that day as a Matter of Public Importance. The discussion cannot be described as a debate but it does provide some insight to the ideologies of the political parties in that Parliament, which is almost a microcosm of Australian politics, and the general quality of understanding of occupational health and safety (OHS) management.

One of the fundamental pieces of information for such a day would be an accurate number of workplace fatalities. The Leader of the Opposition, Bryan Green (Australian Labor Party), made a basic faux pas by stating that the total number of workplace fatalities for 2014 was 44 when the figure was for deaths occurring in 2015 (the official figure for 2015 is now 51).  Later that evening, he corrected himself saying that this did not change his argument about the importance of inspectors but it does, and it was embarrassing.

Green listed the number of inspectors lost from Workplace Standards (WorkSafe Tasmania), Tasmania’s OHS regulator. The inspection capacity of an OHS regulator is relevant to any discussion on OHS but Green overstates the role of the regulator, as most Labor Party and trade union speakers do.  OHS and Work Health and Safety (WHS) laws clearly state it is the employer of Person Conducting a Business or Undertaking (PCBU) who has the principal OHS duty.  Workers have a similar responsibility.  The regulator is not a dutyholder for anyone other than its own employees according to WorkSafe Tasmania’s Guide to WHS Act. More…

Business report is contradictory on OHS 4

cover of small_business_taskforce_fa_lr_r2The Victorian Employers’ Chamber of Commerce and Industry (VECCI) has released its small business blueprint.  The document continues the misunderstanding of industry and business groups in respect to occupational health and safety (OHS) and red tape.

The “Small business. Big opportunities” document continues to show OHS as a burden rather than an opportunity.  The chapter that discusses “high level of
labour market adaptability and flexibility” includes this recommendation:

“Simplify existing workplace relations legislation applying to small business, without removing the intent of regulations to provide safe, fair, productive and successful workplaces.

Small business currently needs to comply with numerous
substantial pieces of legislation (for example, taxation,
superannuation, OHS, equal opportunity and corporations law) that can act as a major disincentive to growth, employment and investment.” (page 10)

Previous SafetyAtWorkBlog articles have highlighted how inaccurate and unfair it is to include OHS obligations with other laws, such as taxation, as they have fundamentally different origins.  OHS laws are not a “major disincentive to growth, employment and investment”.  More…

“aggressive verbal, foul-mouthed abuse” – the Ian Smith saga continues to be discussed Reply

How language can change in only a little time! Earlier this month, SafetyAtWorkBlog wrote on the OHS context of the departure of Orica’s CEO, Ian Smith. In a liftout (not available online) in the Australian Financial Review, many of the same questions were asked by its Chanticleer columnist, Tony Boyd.  The issues raised by the poor decisions of the board are a useful reminder of one of the potential contributory factors for the occupational and mental health of employees.

At last, one writer in the business press is describing Smith’s behaviour as it was – “…aggressive verbal, foul-mouthed abuse” when Smith “blew his top” and “humiliated” an employee.

This is much more direct language than that used in earlier media reporting where the carefully selected language of corporate media releases was reiterated. To understand the seriousness of the issue, it is necessary to describe actions accurately.

Boyd asked

“…why a 21st-century board of directors would deliberately seek a CEO with an “aggressive management style”.

More…

“The regulator should be respected, but not feared” 8

cover of Transforming Work Health and Safety Performance FINALHow different can occupational health and safety (OHS) regulators be? A review into WorkSafe Victoria was announced in February 2015 but the review into its equivalent in South Australia, SafeWorkSA, is more progressed and has released a public discussion paper entitled “Transforming Work Health and Safety Performance“. Its suggestions should be noted by James Mackenzie the reviewer of WorkSafe Victoria.

Maybe not surprising to many, the future is a reworking of the past. More…

What can we learn from a failure in leadership? 7

Cover of 2013_Orica_Code-of-Conduct-1Many OHS professionals state that leadership is a crucial element to establishing a safety culture and then support this with examples of positive leadership.  But some people fail at leadership and failure is often more instructional than success.  Recently the CEO of Orica, Ian Smith, had to resign after his abusive manner resulted in the resignations of  two employees.  This is bad enough but when the Board hired Smith around three years earlier, the Board saw his manner as attractive.  If leadership is crucial to a safety culture, what does this say about Orica’s decisions?

The Chanticleer column of the Australian Financial Review (AFR) wrote on March 24 2015 (paywalled):

“The board’s determination to have Smith shake Orica to its foundations was so great it allowed him to destroy staff engagement and walk all over the company’s culture of mutual respect.  What is so bewildering about this deliberately aggressive and occasionally bullying change management strategy is that it was endorsed by a range of respected non-executive directors…..”

More…

OHS and public health at The Coal Face 1

The Hazelwood mine fire has faded from the memory of most Victorians following the Parliamentary inquiry but not so for those who continue to live in the Latrobe Valley and with the health consequences of the fire.  Tom Doig has written a short book on the incident and its consequences that will put pressure on the Andrews (Labor) Government to honour its election promise and reopen the inquiry.

Doig’s book, The Coal Face, summarises many of the issues raised by the inquiry by looking at a selection of personal stories from residents, neighbours and firefighters.  It is a short book of just over 100 pages but it is an important reminder that the consequences of the mine fire are still being felt. More…

OHS issues from over the horizon 1

seaOn 18 March 2015, the Melbourne office of Herbert Smith Freehills conducted a breakfast seminar that doubled as a launch for the latest edition of the CCH Wolters Kluwer book Australian Master Work Health and Safety Guide (reviewed recently).  The seminar had three of the book’s authors talking about emerging occupational health and safety (OHS) and work health and safety (WHS) issues for Australia.  These included

  • The growth of WHS/OHS “Assurance Programs”
  • The potential implications for the safety management from the Trans-Pacific Partnership and Free Trade Agreements.
  • The OHS trend in the European Union for “Supply Chain Safety“.

The first two of these topics are discussed below. More…

Safety in Asia – a brief dip into OHS in Malaysia 8

Recently I spoke at the Safety Asia Summit in Kuala Lumpur.  The summit or rather a conference had around 50 delegates and was held in a small conference room in a good hotel near the centre of the city.  The delegates were from a range of industries – maritime, power generation, construction and others. I learnt that there was much that Westerners could share wimageith Malaysian OHS professionals but that the sharing would be much quicker and more meaningful if we knew more about the Asian situation before proposing our suggestions and solutions. More…

New research on OHS business case 2

cover of business-case-for-safe-healthy-productive-workSafe Work Australia recently released its second research paper related to developing or communicating a business case for occupational health and safety (OHS).  The paper has been authored by Sharron O’Neill and is called “The Business Case for Safe, Healthy and Productive Work – Implications for resource allocation: Procurement, Contracting and infrastructure decisions“.  O’Neill’s paper clearly challenges the dominant thinking of OHS and costs.

O’Neill states that the quality of previous analyses of OHS business costs have been “fundamentally poor”, partly because

“Rather than strategically examining the cost-benefit to business of work health and safety, the typical ‘silo’-driven analysis produces a narrow focus on a very different concept; the cost-benefit to business of health and safety interventions. This has obscured much of the potential for improving  organisational productivity and operational decision-making.” (page 4, link added)

More…