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…
One of the most contentious issues in safety management is the treatment of workers compensation claimants. On 18 August 2014, a small qualitative research report into this area was launched in Melbourne. The report, “Filling the Dark Spot: fifteen injured workers shine a light on the workers compensation system to improve it for others”* identified four themes in the workers’ stories:
- a sense of injustice
- a lack of control and agency
- loss of trust, and
- loss of identity.
These themes, or at least some of them, are increasingly appearing on the occupational health and safety (OHS) literature. To establish a successful sustainable workplace culture, one needs to establish and maintain trust. Workers also seem to need some degree of control, or at least influence, over their working conditions and environment. Also workers, and managers, need to receive a fair hearing, what most would describe as “natural justice”. More…
Any of the books written or edited by Vicente Navarro are worth serious consideration. The latest book, edited with Carles Muntaner has the daunting title of The Financial and Economic Crises and Their Impact On Health and Social Well-Being but it is the content that is important. The editors’ social class analysis may be unfashionable in some areas, or even anachronistic, but the perspective remains valid, as they write:
“…any explanation of the current crisis requires incorporating a social class perspective so as to understand the modus operandi of the economic-financial-political system.” (page 4)
The book though is about the effects of the crisis on health and well-being and there is much to learn. More…
It is very common to hear people say that the core motivation for introducing or improving workplace safety management is to cover one’s arse (to protect oneself from various legislative and reputational exposures), be that the collective arse of management, the board and executives or the arse of the individual worker. This is a fundamental misunderstanding of the intention occupational health and safety (OHS) laws and principles yet the fear of reputational damage is a strong motivator of change with which safety professionals should learn to work and, perhaps, exploit, particularly as the traditional methods for corporate embarrassment, the media, are declining.
The most pertinent research on reputation risk as a motivator for OHS change seems to come from the UK’s Health and Safety Executive in 2005. In a summary report on research into compliance, HSE looked at the motivations of employers for change. It found that reputational damage was one of many motivators and that each was given around the same weight in deliberations but that
“Respondents cite newspaper reports covering serious incidents and requirement to advise customers of incidents as the best way of increasing risk of reputational damage, followed by a requirement to report health and safety in company reports. ” ( page 10)
This change catalyst relies on two increasingly fragile criteria – the media and annual reports. The media has rarely reported on OHS issues unless the incident
- has caused major disruption
- involves a high profile individual or company
- involves children
- can be given a party political context.
In 2013 the Safety Science journal allowed open access to an article that discusses “The case for research into the zero accident vision” (ZAV). The terminology is slightly different but seems compatible with the “zero harm” trend occurring in Australia. The authors acknowledge that
“…. many companies with a good safety reputation have adopted a zero accident vision, yet there is very little scientific research in this field.” (link added)
Although the discussion revolves around experience in Finland and Finland has a unique culture, the concepts discussed are indicative of the ZAV:
- “accounting for complex contexts;
- setting up norms, rules and performance indicators;
- identifying the role of safety climate and safety culture;
- studying human behavior.”
The authors’ short discussion of context is important as it acknowledges the state of knowledge of hazards and advocates systemic analysis. It also mentions dealing with ‘normal accidents” in complex settings that leads to either looking for safer substitutes or ‘high reliability theory’ and ‘resilience engineering’. Context is vital but there is also the trap of paying too much attention to context and not enough to the hazard, a situation that can often happen with wellbeing programs. More…
On 1 July 2014, the Victorian Government introduce a mandatory drug and alcohol testing regime for the sections of the construction industry. According to the government’s media release:
“New requirements for tighter screening of drug and alcohol use at construction workplaces across Victoria will commence from 1 July, helping to ensure a safer and more secure environment for workers.”
This decision has been made on the basis of “widespread reports of workers being intoxicated, and of drug distribution and abuse” but the rest of the media release reveals other reasons for these changes including political pressure on its Labor Party and trade union opponents in the months before a close State election. Premier Denis Napthine has indicated that the move is also about cracking down on “outlaw motorcycle gangs dealing drugs on the sites”.
But are reports of potential criminality on building site enough to introduce a drug and alcohol testing regime? It is worth looking at some of the existing research on drug and alcohol use (or its absence) in Australian and Victorian work sites.
How can an OHS regulator get the management of its own staff so wrong?
In June 2014, a NSW Parliamentary inquiry released its final report into Allegations of bullying in WorkCover NSW, that State’s occupational health and safety (OHS) regulator. The report found that
“…Workcover has a significant organisational problem with bullying. This problem is a longstanding one and operates at a cultural level.” (page x)
The Committee Chairman Hon Fred Nile MLC, wrote that
“more effective leadership and governance is essential.” (page x)
Longstanding bullying problems? Problems with leadership and governance? Many companies and public sector organisations have had similar issues ambulances, police, fire services, research organisations, to name a few, and are working them through. What happened in New South Wales?
When people mention safety, they are often really talking about risk. In a similar way, people talk about the absurdity of ‘elf ‘n’ safety when they actually mean public liability or food safety or HACCP. And when some professionals talk about risk management they mean minimising the cost to the employer or controlling reputational damage.
Recently two books were released that illustrate the limitations of the current Western/patriarchal society’s approach to workplace safety. Dr Dean Laplonge has written about gender and its role in making decisions and Dr Rob Long has written his third book on risk “Real Risk – Human Discerning and Risk“. Both deserve close reading and that reading should be used to analyse how safety professionals conduct their work, the organisational environment in which they work and the cultural restrictions imposed in their technical education.
Laplonge has written a book out of the extensive research and training on gender issues in the mining industry. “So you think you’re tough? – Getting serious about gender in mining” provokes thoughts and self-analysis about gender in the workplace and safety management systems. This perspective may be part of the reason that attempts at changing safety cultures, particularly in industries where there is a strong gender imbalance – construction, mining, emergency services, nursing, teaching, struggle. (For those who cannot purchase the book, check out this free publication on the topic from the WA Department of Mines and Petroleum) More…
Recently Safe Work Australia released its first annual statement on “Psychosocial health and safety and bullying in Australian workplaces“. This is a terrific initiative but it has a significant flaw – it combines statistical data for harassment and bullying even though they are different hazards, have different remedies, are usually handled by different professions in many organisations, and have different external appeal options.
The Annual Statement itself quotes its origin:
“The Committee recommends that Safe Work Australia issues an annual national statement which updates any emerging trends of its collated data from each of the state and territory regulators, and the Commonwealth, with respect to psychosocial health and safety generally and workplace bullying specifically“. (emphasis added)
Nowhere in the Annual Statement is there any data specifically addressing workplace bullying. Bullying is always linked with harassment, contrary to the brief from the House of Representatives Standing Committee on Education and Employment’s workplace bullying report, as I read it.
Beyondblue has just released a report into the cost of mental health in the workplace prepared by PricewaterhouseCoopers (PwC) and called “Creating a mentally healthy workplace – Return on investment analysis“. The report is interesting but of limited use for those looking for ways to make their own workplaces safer and healthier with minimal cost. The Beyondblue media release claims
“… that Australian businesses will receive an average return of $2.30 for every $1 they invest in effective workplace mental health strategies.
The research, which looked at the impact of employees’ mental health conditions on productivity, participation and compensation claims, also found these conditions cost Australian employers at least $10.9 billion a year.”
The first claim looks attractive but achieving such a return is unlikely unless the company includes the following:
- “commitment from organisational leaders,
- employee participation,
- development and implementation of policies,
- provision of the necessary resources, and
- a sustainable approach.” (page iv)
The best chance for the return on investment (ROI) will likely occur in a company that has an enlightened management, “necessary resources” and a leadership that is already likely to have mental health and a safe organisational culture on its agenda. This is a rare combination which limits the application of the PwC report findings. More…