The purpose of OHS Moot Courts is to provide a taste of the Court experience in the context of a prosecution for occupational health and safety (OHS). Moot Courts and Mock Trials [for the purposes of this article the concepts are interchangeable] have specific meanings in law schools and overseas but in Australia there is an increasing trend to tweak the moot/mock format to motivate OHS change by showing the consequences of an OHS breach and resultant prosecution. This application of the concept still needs refining both in structure and purpose but may have had its time.
SafetyAtWorkBlog has attended around half a dozen such events since a cold rainy night at Monash University law faculty over 30 years ago. That Moot Court, conducted by the Australian Human Resources Institute, had a genuine sense of occasion and fear. Prosecutors went in hard as is the potential for any court case. A more recent OHS Moot Court was almost jovial and failed to communicate the import of the court process and, therefore, the significance of the potential consequences of the court’s decision. More…
Macquarie University researcher Sharron O’Neill is traveling around Australia refining, through consultation and seminars, her research into Work Health and Safety (WHS) Due Diligence. In a Melbourne seminar this week O’Neill, and her colleague, Karen Wolfe, provided thought-provoking discussions on three principal areas:
- Due Diligence,
- Performance Indicators, and
Below are some of my thoughts that they provoked.
WHS Due Diligence
WHS Due Diligence is still a poorly understood concept. Part of the reason is that the major explainers of due diligence seem to be, predominantly, labour lawyers who, not surprisingly, emphasis the legal requirements and origins rather than the safety elements and application. There are few safety professionals who are explaining due diligence; rather they are discussing OHS/WHS in the context of due diligence.
One colleague explained how an established organisation employed her as their first dedicated OHS professional around the same time as due diligence was being discussed as part of the national OHS harmonisation process. By looking through the company’s existing system of work, More…
Commenting on the Australian Government’s new employment services model, Anglicare provided a research paper, Beyond Supply and Demand, that referenced occupational health and safety (OHS) and so caught our attention. The report said:
“…job seekers may experience issues with the importance of getting to work on time, keeping the employer informed if they are unable to attend work, and the following of basic policies and procedures, such as those around occupational health and safety (Cortis et al., 2013). The research also identified that this lack of workplace knowledge leads to assumptions that recruits were lacking in work ethic or disinterested in the work.” (page 6)
The report goes on to discuss the social services context primarily but the OHS mention deserved following up. The research by Natasha Cortis, Jane Bullen, and Myra Hamilton states that employers often misunderstand new job recruits and although OHS is specifically referenced only in the mention of reporting accidents, the rest of the quote below should be noted by employers and safety professionals when preparing OHS communications to new workers. More…
Since I heard about the Gaia hypothesis in the 1980s, I have read most of James Lovelock‘s books. I was confronted by his argument that nuclear power is undervalued as one of the cleanest and sustainable sources of power, as I have grown up listening to anti-nuclear activists like Helen Caldicott and being frightened by films like Fail Safe and Threads. I am not sure I agree with Lovelock but I respect him. In his latest book, though, he makes a couple of negative references to occupational health and safety (OHS) that are cheap shots, unfair or disappointing.
Lovelock says, on page 2 of “A Rough Ride to the Future” that the chemical industry is “now mainly run by an intelligent and usually responsible technocracy” but that
“…we may be hampered in our attempts to solve the large problems [of pollution] by the absurdly zealous application of health and safety laws.” (emphasis added)
In discussing oxygen levels in the atmosphere and how its regulation is so important, Lovelock says, in parentheses,
“We are fortunate there is no inbuilt health and safety system in Gaia, otherwise the dangers of fires would have led to the banning of its production.” (page 13)
This comment, moreso than the former, shows Lovelock misunderstands OHS regulation and application. Earlier in the book he praises the banning of chlorofluorocarbons on climatic reasons and then, absurdly, implies that OHS would advocate the banning of oxygen. It’s a cheap shot. OHS is about trying to eliminate the risk of harm and by investigating the source of the hazard, usually through the scientific method. More…
WorkSafe Victoria has been reviewing a series of enforcement and prosecution policies for some time. One of these policies set for re-issue relates specifically to the publication of prosecutorial information through its website and media releases and, although the “new” policy is not yet available, it may be worth remembering the previous policy, last revised in 2005.
WorkSafe Victoria’s “Supplementary Enforcement and Prosecution Policy on Publishing Prosecution Outcomes and Other Enforcement Information and Data” (no longer available on-line) says that
“WorkSafe will release media statements and authorised representatives will grant media interviews, as appropriate, to the print, electronic, and/or broadcast media.” (original emphasis)
The reason behind this mode of dissemination, and others, is outlined elsewhere in the policy: More…
In late March 2014, the Construction Forestry Mining and Energy Union (CFMEU) was fined $A1.25 million over a violent dispute at the Emporium construction site that occurred in 2012. In its media release about the fine, the CFMEU’s state secretary, John Setka, says:
“The protest at the Myer site in 2012 was about safety.”
Yes and no. The dispute was about the representation of workers on safety matters, which is a different thing. Setka goes on:
“Building workers need someone on site who genuinely represents their interests, and that doesn’t happen when that person is hand-picked by the boss.”
The core issue in this dispute seems to be that the CFMEU will not accept the Health and Safety Representatives (HSR) chosen by the workforce at the Emporium site, which is being built by Grocon P/L. The CFMEU has its own HSRs that it believes will better represent the workforce on OHS matters.
The dispute represents an ideological dispute that seems more about unionism and industrial relations than about safety, but worker safety may still be the lose.
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Australia’s Royal Commission into the Home Insulation Program (HIP) demands the attention of all occupational health and safety (OHS) professionals, primarily, because a job creation and economic stimulus program was so poorly planned at the highest level of government, that it seems to have established a culture that led to workplace deaths. However the Royal Commission is already revealing information that shows how OHS is misunderstood by decision-makers, a situation that still persists in many jurisdictions and will only change by watching the Royal Commission carefully and analysing this information through the perspective of workplace safety.
State of Knowledge
The Royal Commission has been investigating when the workplace deaths in New Zealand from using metal staples with foil insulation were known by the Australian Government. In OHS-speak, it is trying to determine the state of knowledge on this workplace hazard in the decision-making process. The deaths of four young Australian workers prove that the state of knowledge was inadequate however it is well established that Australia and New Zealand operate independently and that, although there are legislative similarities, it is rare for a death in one country to generate regulatory change in another. (One could look to the quad bike safety issues for an additional example.) The recent legislative changes in New Zealand may indicate that they listen to Australia more than vice versa. More…
Productivity and regulation is the rationale behind most of the workplace policies of the current Australian Government. Occupational health and safety (OHS) has a role to play in both of these economic and social elements but it rarely gets considered in a positive light. This is partly an ideological position of the conservative politicians but is also due to a lack of economic argument in favour of OHS and an inability, or an unwillingness, to identify essential regulations.
This week Australia’s Productivity Commission (PC) released a draft paper into the costs of public infrastructure projects that includes some telling OHS information even though most of the media has focused on the political angle or on the taxing of cars?!
A brief review of the draft report reveals OHS dotted throughout both volumes of the report and early on there is some support for Safety in Design in the tender development stage. More…
Ever since the UK Government reduced the occupational health and safety (OHS) obligations on small business, there have been concerns that a similar strategy could occur in Australia. Of all the States in Australia, Victoria is the most likely to mirror the UK actions, particularly as its WorkSafe organisation continues with its restructuring and (ridiculous) rebranding, and Victoria’s conservative government continues to see OHS as a red tape issue for small business. However a recent finding by the Queensland Coroner should be considered very seriously when thinking of OHS in small business.
In 2011 Adam Douglas Forster
” … came close to the rotating ball mill, then accidently (sic) became ensnared by the protruding bolts and was dragged underneath the ball mill which continued to rotate, thereby causing his fatal injuries.”
The inquest found
“There were no guards, barriers or other apparatus restricting access by any persons to the ball mill.” and
Forster “did not know how to turn the ball mill on or off”. More…
Terry Reis has written a terrific article about how occupational health and safety (OHS) requirements can impede his work as a fauna ecologist. Instead of whingeing about green or red tape, Terry has provided examples of the annoyance which allows me to build an article in response. This article is in no way a rebuttal as I agree with most of Terry’s grievances, but there can be reasons behind some of the grievances that are likely to be unrelated to OHS or illustrate poor OHS decisions.
Some of the issues Terry raises include:
- Working Alone
- OHS arguments
- Drug and Alcohol Testing
Terry mentions the irrelevance of many OHS inductions and his article seems to indicate a dysfunctional induction program. The intention of inductions is to outline the safety rules of a workplace or task but most are boring, condescending or include information that is unrelated to the task. The reality of many inductions is that they are a mechanism to have workers sign up and indicate they have understood all of their safety obligations on a site so that there is a clearer line of responsibility in the event of an incident. More…