Safety in Asia – a brief dip into OHS in Malaysia 7

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)

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Will workers be safer through an expansion of Comcare? 4

At a recent breakfast seminar, Steve Bell of Herbert Smith Freehills mentioned that a Bill is with the Australian Senate that will open up the Comcare scheme to Australian businesses through the removal of the national competition test.  This move has been flagged for some time with several lawyers expressing reservations.  Bell mentioned this to the audience of OHS professionals as the law changes could present a substantial change to their operational knowledge base. The Bill is part of a larger debate on OHS.

In a July 2014 article, the Australian Lawyers Alliance (ALA) warned that:

“The proposed changes to Comcare will not only throw state and territory-based workers’ compensation schemes into fiscal chaos, but will also see injured workers left out in the cold,” ALA National President Geraldine Collins said.

“If this legislation is passed, employers may move their workers into the Comcare scheme, thus leaving huge holes of unfunded liability in state schemes which is likely to result in state-based premiums soaring.”

“Opening up the Comcare scheme will be disastrous for workers. Comcare has no meaningful access to common law damages for injuries caused by the negligence of an employer. The scheme is burdensome, paternalistic, and bureaucratic for workers and employers.  Its design means premiums have to go up unless benefits are slashed ,” Ms Collins said.

“Comcare also has no meaningful workplace health and safety regime.  Work environments will develop where lives are lost and permanently damaged with little oversight and enforcement of workplace health and safety.  It is a fundamentally flawed minimalist scheme.  Migration en masse will strike at the heart of the financial stability of state schemes, which are mostly running fairly,” Ms Collins said.”

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The SIA identifies four big issues for it in 2015 8

The Safety Institute of Australia‘s (SIA) CEO David Clarke revealed his four big issues for the SIA at a recent breakfast function in Melbourne.

Policy Agenda

Clarke stated that he had instigated the creation of a National Policy Agenda for the SIA – a first for the over 60-year-old registered charity.  Clarke emphasised that the SIA needed to understand the language of government, employers and unions as it relates to safety.  The significance of the agenda was reinforced by Clarke who said that without such a strategy, the SIA would struggle for relevance.

Certification

Another priority was the certification of the occupational health and safety (OHS) profession in Australia.  Clarke admitted that this was a controversial move but sees the establishment of a “licence to operate” as vital to increasing the status of the profession. More…

WorkSafe Victoria’s Len Neist addresses safety profession breakfast Reply

Herbert Smith Freehills (HSF), in its Australian partners and as a firm, has been prominent in occupational health and safety (OHS) matters, even though the organisation is “on the nose” with much of the trade union movement. This week HSF conducted a breakfast for the Safety Institute of Australia (SIA) in Melbourne, the first in a couple of years after an alleged falling out with the SIA.  The presentations did not sparkle as some have in previous years.

The most anticipated presentation was from Len Neist, an executive director of WorkSafe Victoria.  Neist outlined the aims of the organisation but much of this was familiar.  He reiterated the obligations on WorkSafe from the various legislation and pledged to focus on prevention.

Neist is not beyond executive jargon (“risk tolerability framework” ?) and stated one of his aims was to “incentivise compliance and improvement”.  One can argue that compliance should require no encouragement only enforcement.  Why provide incentives to businesses for what is their legislative and moral duty? More…

Productivity Commission looks at workplace bullying – not really 1

The Australian Government has announced an inquiry into workplace relations through the Productivity Commission (PC). The most obvious occupational health and safety (OHS) element of this inquiry relates to workplace bullying which is discussed in the fourth of five issues papers released in January 2015. However the purposeful separation of workplace bullying actions through the Fair Work Commission (FWC) from actions in other sectors, such as OHS regulators, limits the potential impact of the inquiry on this issue.

The PC issues paper acknowledges the lack of the anticipated avalanche of anti-bullying applications and accepts that the structure of the FWC process may be partially responsible.  This lack of applications, an issue discussed elsewhere in SafetyAtWorkBlog, deserves further research and analysis.  The FWC structure only allows applications from workers currently employed in the workplace about which they are complaining.  It can be argued that the inability of the FWC to award financial compensation is an equal deterrent.  If this is the case (and, as far as can be determined, this aspect has not been investigated) the motivation of anti-bullying applicants to FWC and OHS regulators may involve natural justice AND compensation. The role of money in bullying complaints and applications has been a taboo subject in the past but deserves some analysis, even though it may be very uncomfortable. More…

WorkSafe Victoria returns 4

VWA BrandJust over six months ago the (conservative) Victorian Government announced that it was dropping the WorkSafe brand (pictured right).  This made little sense at the time as the WorkSafe brand was so established that it became accepted shorthand for the OHS inspectorate. On 23 January 2015, less than two months after the election of a new (Labor) Victorian Government, the brand has been resurrected.  It seems that this indicates an ideological change.

The benefits of dropping the brand were stated on the Victorian Workcover Authority’s (VWA) website (pictured above) as better reflecting all areas of the VWA’s business but the decision was widely interpreted as a diminution of attention to harm and injury prevention.  Such a strategic shift echoed  the increased perception of organisational heartlessness by some community sectors. More…

New book on pipeline safety has OHS lessons for all Reply

Hopkins Hayes Book CoverAny new book by Andrew Hopkins is a cause for excitement.  The latest book co-written with Associate Professor Jan Hayes* focusses, primarily, on two pipeline disasters in the United States but has sufficient information and thoughts for those OHS professionals outside this sector and jurisdiction.

Nightmare Pipeline Failures: Fantasy planning, black swans and integrity management” is a typically slim volume written in Plain English that benefits from the broad knowledge of its authors.  Readers of Hopkins’ early books will get all of the cross-references.  In some ways, this book can be seen as almost a case-study of Hopkins’ work on mindfulness and high-reliability organisation, as the themes of management perspectives, activity and decision-making occur repeatedly in this book. More…

Queensland’s workers’ compensation performance is “double plus good” 10

The Queensland Premier, Campbell Newman, called a “snap” election for the end of January 2015. On 11 January 2015, Newman tweeted:

“Queenslanders injured at work are covered by Australia’s strongest workers’ compensation scheme.”

This is a further example of political newspeak as what does a “strong” workers’ compensation scheme look like? Newman’s tweet included an image that provides some clarity to his claim.

LNP WC Twitter graphic More…