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…
Lucinda Smith of Esteem People Management has made some excellent points about stress and mental health in her article – “The People Risk of Work-Related Stress“. On determining the cost of mental stress she acknowledges authoritative government estimates but, significantly, states of the data:
“Although not fully exploring the issue of workplace stress because it only applies to accepted claims,…”
This is the core of much of the frustration in the OHS profession that injury and illness is always underestimated because data is based on workers’ compensation statistics.
Where Smith progresses the argument, though, is by comparing several important pieces of data. Quoted in a Safe Work Australia report, Medibank Private estimated in 2008 that the direct cost of work-related stress was
“…$14.81 billion to the Australian economy, and $10.11 billion to Australian employers because of stress-related presenteeism and absenteeism.” (page 3 of the Safe Work Australia report)
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…
On 17 August 2014, RadioLiveNZ‘s Mark Sainsbury devoted an hour to discussing workplace health and safety. Given New Zealand has undergone a remarkable change on its occupational health and safety (OHS) strategy since the Pike River disaster, with the restructuring of its regulations and regulator into WorkSafeNZ, the various interviews are worth listening to.
This series of interviews are structured assuming that the audience has no prior knowledge of OHS. The first interview was with a representative of the Accident Compensation Commission, Dr Geraint Emrys.
Dr Emrys lists fishing, forestry, and farming and agriculture as the industries of most concern. This list is not surprising considering the industrial profile of New Zealand but it is curious that mining was not mentioned, even in passing, given the prominence of Pike River.
Emrys is asked about the opportunity to build an overall safety culture for New Zealand. Emrys says that overall campaigns are possible 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…
“Due diligence” is an established business management concept that only recently came to be applied to occupational health and safety (OHS) in Australia through the Work Health and Safety (WHS) harmonisation process. It’s credibility comes from the Corporations Act, principally, but also Consumer Protection and, partly, Environmental laws.
The attention given by OHS/WHS professionals and senior executives to due diligence is already changing how workplace safety is managed in a positive way but recently the Australian Institute of Company Directors (AICD) proposed weakening the broad due diligence obligations. If this proposal is accepted and implemented by the Australian Government that is sympathetic to business, could these changes diminish the growing attention to OHS/WHS due diligence? More…
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…
Commenting on the Australian Government’s new employment services model, Anglicare provided a research paper, Beyond Supply and Demand, that referenced occupational health and safety (OHS) and so caught our attention. The report said:
“…job seekers may experience issues with the importance of getting to work on time, keeping the employer informed if they are unable to attend work, and the following of basic policies and procedures, such as those around occupational health and safety (Cortis et al., 2013). The research also identified that this lack of workplace knowledge leads to assumptions that recruits were lacking in work ethic or disinterested in the work.” (page 6)
The report goes on to discuss the social services context primarily but the OHS mention deserved following up. The research by Natasha Cortis, Jane Bullen, and Myra Hamilton states that employers often misunderstand new job recruits and although OHS is specifically referenced only in the mention of reporting accidents, the rest of the quote below should be noted by employers and safety professionals when preparing OHS communications to new workers. More…
Patient (putting his hand up above his head): “Doctor, Doctor, it hurts whenever I do this. “
Doctor: “Well stop doing that.”
This joke scenario implies that some of the advice in medicine is common sense. If something hurts, stop. This simple logic can extend to most professions, including safety.
On August 3 2014, the Medical Journal of Australia (MJA) published a perspective on the hazards of sedentary work. The report has excellent medical evidence on the potential harm of sitting for too long. The advice to reduce risk is simply to get up and move about.
Was such research needed? The glib response is that research is always needed, particularly into what people think is common sense or into those ideas and actions that are entrenched and seem “self-evident” and on which some of our basic social or work institutions are based.
MJA’s article written by a leading physiotherapy academic, Professor Leon Straker with colleagues Genevieve N Healy, Rohan Atherton and David W Dunstan, uses language with which occupational health and safety professionals are very familiar. 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.