Important OHS statements in Australia’s Parliament 4

On the eve of its 2015 Budget, the Australian Parliament was debating an increase in enforcement powers of the Fair Work Building and Construction inspectorate and the resurrection of the Australian Building and Construction Commission (ABCC).  Occupational health and safety (OHS) is rarely mentioned in these debates but not so on 11 May 2015.  Excerpts from yesterday’s safety-related comments are worth noting, particularly as no mainstream media has done so or is likely to..

Senator Cory Bernardi (Liberal Party) attacked a recent video from the Construction, Forestry, Mining and Energy Union (CFMEU) saying that

“For too long the unions have falsely cried safety as a lazy defence for their unlawful and unethical industrial conduct. They have cried wolf so often that they can no longer be believed.”

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Cry of frustration in Industrial Manslaughter Bill 2

Over the last few months some in Australia’s trade union movement have renewed calls for the introduction of industrial manslaughter laws in various jurisdictions. The issue has appeared both on television and online.

Curiously the Australian Council of Trade Unions (ACTU) seems to have dropped the “industrial manslaughter” terminology it has used in the past. In a 28 April 2015 media release, the ACTU stated:

““Strengthening OHS laws to make negligent companies and individual directors liable sends a clear message to employers that they must ensure people are safe at work.”

and

“Current laws need to be strengthened so that companies and company directors are liable for our safety at work.”

It seems that the charge has been left to the South Australian Greens Parliamentarian, Tammy Franks, who has proposed amendments to the SA Work Health and Safety laws in Parliament on 6 May.  But what does Franks expect to achieve with this Bill?  Will it reduce harm or is it a heartfelt cry of frustration? More…

Dignity and solemnity at Workers’ Memorial Day 3

The Victorian commemoration of International Workers Memorial Day has held on28 April 2015 and was a major improvement on previous memorials.  The politics was muted by the speakers.  There was no tray truck of angry unionists yelling through tannoys and heading off half way through the event to a protest rally that they see as more important than remembering the dead. There was a good level of dignity and solemnity …… finally.

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Podcast of interview on OHS reviews 3

The recent article into the review of SafeWorkSA caught the attention of the Your Rights at Night radio program and led to an interview on 9 April 2015.  The podcast of that interview is now available online.

Interviews are odd experiences, particularly when they are over the phone.  Although there is a reason someone wants to talk with you, you usually do not know the questions beforehand.

For the interview above, I was in the bedroom, away from noises, with printed blog articles, media releases and OHS statistics across the pillows.  I thought the spread of information was important to have at hand to make sure the information I provided was accurate but one can still get caught out when the pace of the interview has settled. The last question asked in the interview could have been answered better.  Neither of the reviews announced have a fixed end date, regardless of what I said, in fact you can hear the shuffling of papers while I looked for the SA government’s media release. Oh well.

Kevin Jones

Union backflip on drug testing presents huge opportunity for change Reply

In late March 2015, the Construction, Forestry, Mining and Energy Union (CFMEU) dropped its objection to drug and alcohol (D&A) testing on Australian construction sites.  There seems to be several reasons for this change and the evidence for D&A testing of construction workers remains scant but the opportunity for enormous change on this public health and occupational hazard should not be missed. More…

OHS issues from over the horizon 1

seaOn 18 March 2015, the Melbourne office of Herbert Smith Freehills conducted a breakfast seminar that doubled as a launch for the latest edition of the CCH Wolters Kluwer book Australian Master Work Health and Safety Guide (reviewed recently).  The seminar had three of the book’s authors talking about emerging occupational health and safety (OHS) and work health and safety (WHS) issues for Australia.  These included

  • The growth of WHS/OHS “Assurance Programs”
  • The potential implications for the safety management from the Trans-Pacific Partnership and Free Trade Agreements.
  • The OHS trend in the European Union for “Supply Chain Safety“.

The first two of these topics are discussed below. More…

OHS professionals should be more politically active 6

Occupational health and safety (OHS) is inextricably linked to everyday life and everyday politics but it is treated as somehow separate, even by those who are experts in OHS.  This is not the case with industrial relations which is much more grounded in the political realities.

Industrial relations has been pushed by the trade union movement that has always seen workers’ rights as a social issue.  The OHS profession and its associations have been content, largely, to live within the factory fence.  Until recently OHS laws related solely to the workplace and OHS professionals had the luxury of a clear demarcation for its operations.

But new OHS laws acknowledge the responsibility for the effects of work on those other than workers, and those who are neighbours to workplaces.  Australian OHS professionals have been slow to embrace the social role that has been foisted on them.  There seems no excuse for this.

Recently, a hearing of an Australia Senate Committee spoke with the CEO of the Asbestos Safety and Eradication Agency, Peter Tighe.  The discussion illustrated some of the social, political and economic risks of this long-known workplace hazard. More…

Abolition of Construction Code is a return to the past on OHS 3

The new Andrews Government in Victoria has followed through on its election pledge to abolish the Construction Compliance Code Unit (CCCU) of the Department of Treasury and Finance. It announced this in a peculiar manner within a media release on whooping cough, a process that Senator Abetz went to town on. But Premier Andrews’ decision raises the question of, if the Code is gone, what replaces it? The simply answer is nothing.

A spokesperson for the Premier advised SafetyAtWorkBlog that

“The Andrews Labor Government has delivered on its election commitment to scrap the Victorian Code of Practice for the Building and Construction Industry and its monitoring body the Construction Code Compliance Unit (CCCU).

Contractors bidding for Victorian Government work and applying for pre-qualification on construction registers will still need to meet safety and industrial relations management criteria. Contractors must also have occupational health and safety policies and procedures to meet legislative and regulatory requirements.”

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Impairment argument fails to convince Fair Work Commission over unfair dismissal 17

On 16 January 2015 the Australian newspaper (paywall) reported on a Fair Work Commission (FWC) decision involving an unfair dismissal claim by a worker who, as a result of a random drug test, was found to have methylamphetamine in her system “at levels four times above the minimum detection level”.  The company, Downer EDI Mining, sacked the worker, Leah Cunningham, as she presented a hazard to her work colleagues. The newspaper article was called “CFMEU slammed for drugs defence” and the FWC decision is Tara Leah Cunningham v Downer EDI Mining Pty Limited (U2014/1457) (14 January 2015).

The Australian, a newspaper with no love for the trade union movement and the CFMEU in particular, focussed on the apparent absurdity of a trade union, that places such a high priority on workplace safety,  contesting the dismissal of a worker who presented a hazard to herself and others at work.  The newspaper quotes Commissioner Ian Cambridge:

““It was highly regrettable to observe during the hearing that an organisation, which apparently conducts campaigns which strongly advocate safety in the workplace, could contemplate a proposition which, in effect, would countenance a person driving a 580-tonne truck whilst having methylamphetamine in their body at a level four times the reportable cut-off figure,” he said in his decision this week.

“Any realistic and responsible pursuit of the case on behalf of the applicant should have been confined to the development of evidentiary support for the applicant’s explanation for the presence of the methylamphetamine. Indeed, much greater energy and focus should have been devoted to such an evidentiary position rather than any attempt to defend the indefensible.”

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Trade Union Royal Commission affects OHS credibility 3

Whether one believes that the Royal Commission into Trade Union Governance and Corruption is a political witch-hunt or a genuine attempt to clean up a corrupt industry sector, the Royal Commission seems to have revealed an abuse and exploitation of occupational health and safety (OHS) – an exploitation that has received next to no attention. The release of the Commission’s interim report allows for a quick analysis of this situation.

Former Prime Minister Julia Gillard was a particular target of the Commission in relation to a “slush fund” established by her then-boyfriend, Bruce Wilson, commonly referred to as the “AWU affair“.  The “slush fund”, known as the Australian Workers Union Workplace Reform Association, was developed, according to Gillard

“… to support the re-election of union officials who would campaign for workplace reforms including better occupational health and safety.” (Interim Report, Vol 1, page 99)

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