Penalty rates outweighs workplace bullying 2

The attention given to the recent draft report of the Productivity Commission’s (PC) inquiry into the Workplace Relations Framework has largely died down due to the dismissal of the report by Prime Minister, Tony Abbott.  The industrial relations (IR) elements of the report generally failed to fit the Government’s IR narrative but this did not stop the usual and, probably, pre-prepared media releases from the ideological opponents and supporters.  But did those media releases comment on the recommendations about workplace bullying? Almost entirely – No. So is workplace bullying a non-issue? More…

Carrillo on leadership and communication Reply

Rosa Carrillo of Carrillo & Associates, describes herself as a “thought leader in transformational leadership for environment, safety and health” with a “unique understanding of safety culture and complex environments”. Prior to her attendance as a keynote speaker at the SIA National Convention in September SafetyAtWorkBlog was able to ask Rosa Carrillo about leadership, trust and communication.

Carrillo is aware of the risk of transferring concepts and practices rather than translating them and tailoring them to local needs. She told SafetyAtWorkBlog:

“I am afraid that one of my core principles is that you can’t just take what someone else did to address human behavior and implement it with “minimal translation” even if it was developed in your own country. You can certainly do that more readily with technology, but even then you must customize its introduction. Most leading edge thinkers in the safety field agree that benchmarking leads you down the rose garden path. You spend lots of money and feel you are doing the right thing until the next disaster emerges.”

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ACTU Congress’ draft OHS policies deserve serious analysis 2

Pages from draft-2015-actu-congress-policies-2015-consolidatedThe Australian Council of Trade Unions (ACTU) commences its 2015 Congress this week.  Each year around 800 trade union delegates meet to discuss changes to policies and to develop or refine strategies. This year the ACTU released its draft policies publicly prior to the Congress.  These policies have a long and strong historical and industrial relations context.  Occupational health and safety (OHS) is an important part of these policies and should spark discussions in the union movement and the OHS profession.

Early in the document, the ACTU states its “bargaining agenda” in which is included

“better work, life and family balance.” (page 7)

Curiously, the ACTU has chosen “better” rather than “safe”.  Better is a more inclusive term but harder to define.  Better for whom?  Better could be better paid or more secure or safer.

Trade unionists often see OHS as being monitored and enforced through the mechanism of the Health and Safety Representatives (HSRs) and would argue that OHS is throughout all the draft policies due to the HSR role but there are more workplaces in Australia without HSRs than with and it is worth considering the policies as independent from the HSR structure, if that is possible.. More…

Don’t mention workplace bullying 2

Victoria’s Premier Daniel Andrews is involved in a, currently minor, political drama after he decided to stand down his Small Business Minister, Adem Somyurek, after allegations of workplace bullying. The drama is in its early days but some of the decisions and media comments are worthy of analysis, particularly as Premier Andrews seems to be avoiding using the term, workplace bullying.

The facts seem to be that the  Minister’s Chief of Staff, Dimity Paul, complained to the Premier about Somyurek’s “intimidating, aggressive and threatening” behaviour. The Premier stood the Minister down after a formal complaint was made to the Department of Premier and Cabinet which has generated an investigation.

This allegation has a lot of political connections as described in an article in The Age newspaper written by Farrah Tomazin, but there is little doubt that the allegation comes under the definition of workplace bullying as there have been mentions of a “pattern of behaviour” by the Minister. Tomazin wrote

“The alleged misconduct …. is said to have taken place over the past few months, and relates to a number of employees in his ministerial office…”

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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 4

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 4

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 2

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…