In 2010 Queensland’s former Attorney-General Cameron Dick said of enforceable undertakings that:
“Enforceable undertakings promote the introduction of long-lasting and more wide-ranging safety changes that would not have occurred under the prosecutorial system that imposes fines after the event.”
Enforceable Undertakings can be a powerful force for improving occupational health and safety (OHS) but they could also be used by employers to forestall investment in OHS and minimise the financial penalties should an incident occur.
Several years ago, WorkSafe Victoria published “Dairy Safety: A Practical Guide“* A decade on Dairy Australia has published its career guidance “Stepping Stones” which seems to imply that not all employers and workers have a legislative responsibility to work safely and without harming others.
It is a legislative truism that “safety is everyone’s responsibility” and Dairy Australia advises that
“All farm businesses have an obligation under law to provide a safe and healthy workplace for their employees, contractors, family, visitors and members of the public. Farm businesses who don’t act to fulfil health and safety responsibilities face significant fines and penalties.”
However according to Stepping Stones only some dairy roles have an overt occupational health and safety obligation. More…
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…
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.
“…why a 21st-century board of directors would deliberately seek a CEO with an “aggressive management style”.
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…
A common theme throughout presentations at the Safety Asia Summit in Kuala Lumpur was the need to communicate safety and health clearly and concisely to variety of nationalities with a variety of literacy levels. My presentation aimed at reminding the OHS professional delegates that they may already have skills that they could use in communicating safety issues to their audience or workers and contractors.
Every culture has stories. Stories have been the dominant way of teaching for centuries but we are gradually losing some of our innate storytelling skills or we do not see how they may be relevant to the workplace. OHS professionals could benefit from redeveloping those skills and also encouraging those skills in others. Stories can be a base for teaching,listening and, in OHS parlance, consultation.
Quite often people in business talk about “the story” without really appreciating the complexity of storytelling, or the power of storytelling. Here are two quotes about stories that I plucked from a marketing brochure:
“The story is what drives the bond between the company and the consumer.”
“Stories can be used to communicate visions and values, to strengthen company culture, to manage the company through change and to share knowledge across the organisation.”*
There is some truth in these quotes but the purpose of the quotes undermine their value. The book these are from discusses storytelling in terms of branding and advertising, in other words the purposeful manipulation of people’s desires. For marketing and advertising is the sector where storytelling has been most effective in supporting the selling of products and the selling of ideas.
As part of Safe Work Australia month, or perhaps coincidentally, the Australian Council of Trade Unions held its annual occupational health and safety (OHS) conference in Melbourne, Australia. On the morning of day 2, the conference heard from the Shadow Minister for Employment Relations, Brendan O’Connor. The Minister is from the Australian Labor Party (ALP) and had a sympathetic audience but he made several interesting points, particularly when he diverged from the scripted speech (which will be available online shortly) and when he took questions.
Royal Commission into the Home Insulation Program
O’Connor supports the ALP position that the Home Insulation Program (HIP) Royal Commission was a purely political affair to target previous ALP government ministers. He emphasised that the Royal Commission was the last in a long line of inquiries into worker deaths and OHS prosecutions related to the HIP program and that this inquiry has achieved very little change. O’Connor said (ad libbed)
“…. that Royal Commission has not recommended any changes to the regulations or obligations on employers to do the right thing at the workplace. It’s almost worse than doing nothing, than to use the health and safety of the workers as a political weapon against your political opponent. That’s how dismissive this government is with respect to health and safety.
Let’s set up a Royal Commission. Let’s summons a former Labor Prime Minister and other Ministers but, of course, all of which we could accept and we supported the establishment of the Royal Commission if that’s what they chose to do, with one caveat – that was, go ahead with the eleventh inquiry into these tragic deaths but make sure that when there are findings about the deficiencies in the law that protects the interests of working people, particularly young workers, do something about it.
Well we’ve seen nothing. We’ll see nothing in terms of changing the law by this government because that was purely a political exercise. To me this underlines how cynical this government is when it comes to health and safety. It only saw it as a political exercise and, I’m afraid to say, you won’t see too many good policy changes as a result of that Commission.”
Twelve months ago, some Australia media, including this blog, began reporting on safety concerns raised by the Working At Heights Association (WAHA) about the reliability and suitability of anchor points. Australia is currently in the middle of Safe Work Australia Month and there seems to have been little progress on the issue. A reader of SafetyAtWorkBlog provided the following summary and update of the situation:
Who checks the true safety of equipment designed to save the lives of Australian workers? Nobody in particular, it seems.
Last September, the Working At Heights Association, an industry body staffed by volunteers, revealed many of the most commonly-used roof anchors failed to meet basic safety standards. Almost a year later, the association is still battling to see rooftops made safe, despite repeated appeals for action from the OHS regulators and the absence of the Australian Competition and Consumer Commission (ACCC).
An estimated 800,000 Australians work at height and routinely clip their harnesses onto safety anchors. A worker falls to his or her death every 12 days and WAHA chairman Michael Biddle said authorities should be concerned. Biddle told Industry Update magazine
“It’s the third highest cause of death in the workplace after motor vehicle accidents and being hit by moving objects. In most cases, regulators are more concerned in taking a reactive approach after an accident has happened. There is a great need for an enhanced level of enforcement. If we had an increase in penalties and stronger enforcement of standards I’m sure we would see a higher level of compliance by industry.”
Australia’s Prime Minister Tony Abbott provided his interim response to the Royal Commission into the Home Insulation Program (HIP) in Parliament on 30 September, 2014. One should not expect much sustainable or cultural change from an interim response but Abbott’s responses hold some promise.
The commitments include:
“…[asking] Minister Hunt [Environment] to assume responsibility to oversee the Commonwealth response and to coordinate actions across departments and ministers.”
“…[asking] the Minister for Employment to examine these [OHS] findings, particularly as they relate to the reliance of the Commonwealth on state and territory laws, and his work will inform the government’s final response.”
“Minister Hunt and the Minister for Finance have been asked to recommend options to compensate their next of kin [of the deceased workers]”
Australian recruiting firm, Sacs Consulting, has released the findings of a survey entitled “Dangerous Personalities making work unsafe“. Such surveys are predominantly marketing exercises and usually, as in this case, there is a limited amount of data available but the results are often broadly distributed and add to the discussion about workplace safety.
The headline itself is a red flag to occupational health and safety (OHS) professionals who are old enough to remember the debate about “blaming the worker” for OHS breaches, injuries and illnesses. Most safety managers and corporate safety programs are applying a “no blame” philosophy to combat the worker focus but the reality is that workers are still being blamed and being dismissed for safety breaches. The Sacs Consulting survey confirms the growing worker focus by looking at the personal rather than the organisational.
The Sacs study found:
“…that some people still ignore OHS rules and act unsafely in the workplace, whereas others value their own safety and that of their colleagues so actively that they try to improve the safety of their workplace. Using personality and values testing, the study was able to predict whether an individual is more or less
likely to be safe at work.” (page 1) More…