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…
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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Anyone dealing with occupational health and safety (OHS), or in any profession, knows to be careful with one’s words in public. This is particularly so when one is dealing with mental health issues or claims of workplace bullying. This week Senator Eric Abetz, Australia’s Workplace Relations Minister, seems to have overstepped the mark by misrepresenting some Federal Court Orders as related to workplace bullying, when the Court made no such statement. This could simply be dismissed as political hyperbole in the heat of the moment but this was no off-the-cuff remark. He headlined his media release on 13 March 2014 as:
“Joe McDonald found guilty of workplace bullying – yet again. Bill Shorten must now act”.
According to Safe Work Australia, an organisation within Senator Abetz’s portfolio, workplace bullying is defined in the most recent national guide as
“repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.” (page 2)
Nowhere in the Federal Court orders* is workplace bullying, or any other bullying, mentioned and the Federal Court has not found Joe McDonald guilty of workplace bullying. The best that can be said is that Joe McDonald has a history of intimidation on construction sites and that this has created tense relations between the workforce and employers (perhaps a confused safety culture) and generated delays in construction.
Does this all matter? Yes More…
WorkSafe NZ has released “best practice guidelines” on workplace bullying. Best practice is a nonsense term but this guide is a major step above similar guides in Australia, in particular.
Guides always begin with definitions and the definition New Zealand has applied is the same as that in the recently released Australian workplace bullying guide but with a couple of odd semantic differences. These variations should not have any effect on organisational changes required to prevent bullying but the variations are curious. Australia describes “unreasonable behaviour” the actions that generate the bullying as:
“… behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.”
New Zealand’s definition is:
“…. actions that a reasonable person in the same circumstances would see as unreasonable. It includes victimising, humiliating, intimidating or threatening a person.”
Is there a difference between actions and behaviours? More…
Recently the UK’s Health and Safety Laboratory (HSL) released its second white paper on safety culture. This paper is called “Making the Case for Culture” and outlines the three arguments for a workplace safety culture – legal, moral and financial – from which a safety business case can be built. Financial seems to get the most attention but this is perhaps because it is the element that is argued the least and the one that can get the greatest attention from company executives.
The document seems a little thin but it could be put that the simplicity of the presentation in a booklet designed to provide safety culture guidance is an advantage. It could also be argued that it is primarily a promotional pamphlet for the HSL’s very useful safety climate tool .
A guest post by Carl Sachs
The revised Australian Standard AS1657 for fixed ladders, platforms and walkways released in October 2013 plugs some serious holes. Guard rails made of rubber, for example, are now explicitly unacceptable.
While absurd, rubber guard rails technically complied with the 21-year-old AS1657 and the example shows just how sorely an update was needed.
Four big changes to AS1657
The biggest changes to AS1657 concern selection, labelling, guardrail testing and the design of fixed ladders. More…
The Weekly Times scored an exclusive this week about a new model of Polaris quad bike which incorporates a roll cage or rollover protection structure (ROPS) in its design. The significance of the Sportsman Ace is, according to the newspaper and the manufacturer, a “game changer” because it seems to counter the arguments of the quad bike manufacturers against such design changes in submissions to government and in public campaigns. They have stressed that more effective control of a quad bike comes from driver training and behaviour and that ROPs may itself contribute to driver injuries and deaths. The Polaris Sportsman Ace, to be released in the United States this week and Australia next month, seems to prove that quad bikes can be redesigned to include safety features, an action that manufacturers have been extremely reluctant to do.
A major critic of ROPs on quad bikes in Australia has been the Federal Chamber of Automotive Industries (FCAI). SafetyAtWorkBlog spoke to a spokesman for the FCAI who explained that the Polaris Sportsman Ace is not an All-Terrain Vehicle (ATV) but a UTV (Utility Terrain Vehicle). More…
The Australian media has given workplace bullying the front page, probably because it is a slow news period and there have been no major disasters this Christmas period. However the coverage is of the new rules and opportunities for assistance offered by changes to the Fair Work Act that commence on 1 January 2014, rather than about prevention.
Most of the comments from the business groups in the article by The Age newspaper will be familiar from the last few months. Generally they object to what they see as red tape and increased regulation. Some also believe that workplace bullying should be handled through human resources rather than as an occupational health and safety (OHS) matter.
Red tape and unnecessary bureaucracy is a legitimate concern but one that, in large part, the business sector has allowed to happen. As discussed previously, much of the red tape originates from the risk management strategy of business where, when an issue or hazard cannot be eliminated or it is too difficult to try, insurance or liability protection is obtained. As others have said, too often the risk management of safety is corrupted to become risk management of legal issues. More…
Official statistics on workplace bullying in Australia are notoriously unreliable. The Productivity Commission estimated the cost of workplace bullying with a huge margin of variation, between A$6 billion and A$36 billion annually. WorkSafe Victoria has indicated in the past that the number of interventions on workplace bullying is way below the number of workplace bullying complaints. On 29 October 2103, in a long discussion on workplace bullying the Australian Capital Territory’s Chief Minister, Katy Gallagher stated:
“According to reports from the Commissioner for Public Administration, reports of bullying and harassment have totalled 68 cases in 2010-11, 71 in 2011-12, and 118 cases in the financial year that has just passed, 2012-13. Proven cases of bullying have numbered four, eight 11 and 19 respectively. This amounts to complaints being made by 0.5 per cent of staff, and substantiated in relation to 0.08 per cent of staff.” (Hansard, page P3930, emphasis added)
These latest statistics, in conjunction with those previously reported, indicate that the perception of workplace bullying is much higher than the reality in Australia. More…