Tag: union

Tasmanian Workers’ Memorial Park officially opened

Workplace safety is littered with good intentions that are not fulfilled but thankfully Tasmania has followed through on a pledge to create a workers’ memorial park.  SafetyAtWorkBlog reported on the design launch by the, then, Minister for Workplace Relation Lisa Singh, two years ago.

The Tasmanian Workers’ Memorial Park, located in Elizabeth Gardens, Launceston, was opened in beautiful winter sunshine on 18 June 2011. Photographs of the park’s official opening are to be provided.  Unions Tasmania Secretary Kevin Harkins said in a media release (not yet available online)

“…it is hoped that those affected by a workplace death would use the site as a memorial to their lost family member or friend, and that people walking through the park would be reminded of the need to be safe at work.”

This type of horticultural memorial provides a place of reflection for many issues and worker safety is as legitimate as any other issues but what needs to be reinforced is the purpose of the park.   It is common to wander through a park and be oblivious of that park’s significance.   Continue reading “Tasmanian Workers’ Memorial Park officially opened”

Quad bike poster distracts from the evidence

Not only are quadbike manufacturers resisting the inevitable, they have gone on the attack with posters being distributed that criticise the installation of crush protection devices (CPD)s, safety devices increasingly being recommended by safety advocates, farm safety specialists and government departments in Australia.

According The Weekly Times on 16 June 2011, Honda, Yamaha, Suzuki, Polaris and Kawasaki and others are promoting a safety message through the poster (pictured right).  This position was hinted at in Dr Yossi Berger’s comments on a previous blog posting.

The major rural newspaper reports a curious position that may indicate that criticism of the Federal Chamber of Automotive Industries (FCAI) may be misplaced.

“FCAI motorcycle manager Rhys Griffiths said it was the manufacturers’ decision to put the posters up, and “we had no part in printing it”.

The FCAI was “yet to go public with our message other than to have the industry position paper available”.” [links added]

There is no mention of this poster campaign on any of the manufacturers’ website mentioned above.

The FCAI may claim not to gone “public” on this poster campaign but the industry position paper is, at first glance, damning of the roll bar options available.  However a close reading of the industry paper on rollover protection structures shows a large number of equivocations and conditional statements.  There also seem to be blanket conclusions from some comparisons of dissimilar ROPS.

The debate continues and seems to be evolving into the public relations arena.  This is very unfortunate as the evidence, the issue of the safety of riders of quadbikes in the workplace, can become clouded by spin.  Up to this point the arguments have been about the research evidence.  The poster is an unhelpful distraction.

Kevin Jones

Will Brodie’s Law deter workplace bullying?

On 1 June 2011 the Australian television program 7PM Project ran an article about “Brodie’s Law” – an increase in the penalties for bullying and stalking.  I was approached to be interviewed for the program due to my comments on this blog.  I turned down the opportunity for a number of reasons, my time had already been committed to my family and filming did not fit that commitment but, more importantly, I am dubious about whether Brodie’s Law will have the deterrent effect that many hope for.

The 7PM Project approached an outspoken lawyer on the issue who refused to participate because he felt that his comments would not have fitted the approach favoured by the producer who contacted us.  I had similar reservations.  When I expressed my opinion about the lack of deterence, one producer acknowledged that this was a position expressed by almost all the people they had approached to participate.

The video of the 7PM Project segment is available online and begins around the 2 minute mark.  Significantly occupational health and safety laws were not mentioned in the article.  There was no mention of any of the OHS guidances on workplace bullying or of any of the regulator’s programs.

A workplace bullying expert of OHS professional would more likely have recited this definition or at least stressed the importance of repetition.

The speaker they chose for expert opinion on workplace bullying was Grant Brecht.  Brecht was asked whether a definition of bullying exists.  He answered that the definition relates to where psychological harm is possible.  This is true but a crucial element of the definition of workplace bullying  was missed in the discussion.  According to WorkSafe Victoria:

“Bullying is repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.” [emphasis added]

Brecht also mentioned the need for individuals to assert themselves in the face of bullying but a detailed look at Brodie Panlock’s case shows that she did assert herself and that she did approach other workers at the cafe for assistance and she did talk to friends about the situation. That none of these actions helped Brodie is a core element of her tragedy.  Bullying, as with many workplace hazards, is best dealt with by not allowing it to take root in any workplace from the very beginning of a business’ operation.  Too many try to retrofit safety into an already toxic and dysfunctional workplace.

The 7PM Project also ran some dubious re-enactments of workplace bullying and, incongruously, some footage of a construction site?! Continue reading “Will Brodie’s Law deter workplace bullying?”

New South Wales gets a win-win on OHS laws

The Australian Government must be either issuing a sigh of relief or clapping their hands together following the passing of the model OHS laws by the New South Wales (NSW) government last week.

NSW was a belligerent signatory to the agreement for nationally harmonised OHS laws but the laws passed with sufficient tweaking to make the laws compatible with the national model laws.  Several days later, on 30 May 2011, everyone is claiming a win.  Unions retain some authority to prosecute over OHS breaches, although only “for the third and least serious category of offence”, according to the Australian Financial Review.

Unions NSW secretary Mark Lennon is reported as saying that the NSW upper house of Parliament has protected an important safeguard for workers.

On 27 May 2011 Lennon was bemoaning “that the Industrial Court has lost most of its occupational health and safety jurisdiction” and yet the Industrial Relations Commission will now retain an active OHS role even though it is dealing with lesser OHS offences, similar to the unions’ role above.

Overall the amendments in the NSW Parliament seem to be a face-saving exercise for the left-wing politicians and trade union movement.  They were provided with little wins but have given way on the major objections.  It is reasonable to describe this as a pragmatic solution given that the March 2011 NSW election effectively removed the union movement’s power base in that State. Continue reading “New South Wales gets a win-win on OHS laws”

Regulating The Great Leap Forward (Into The Bleeding Obvious)

Col Finnie has provided the following article in response to OHS compliance checklists:

It’s gotta be time to bite-the-bullet.  The wish-fulfilment approach – that people will apply some sort of system to how they look after safety because that’s the only sensible way to do it – well, that’s not working, particularly it seems, in the small business area.

Time to regulate for the obligation to have something that can, at very least, lay the foundation for a comprehensive systematic approach.  Seems just a bit whacked to me that a demonstrable systematic approach is required once a worker is injured (with the return-to-work obligations) and yet there is nuthin’ for the prevention stuff.

Getting a slapping from a magistrate for having no safe work procedures (as one part of a systematic approach) would work as an incentive if people were busted as often as they are for road traffic naughtiness; but we know that frequency of OHS busts are just not going to happen.

The Great Leap Forward (Into The Bleeding Obvious) would have to be regulated in a smart way.   Continue reading “Regulating The Great Leap Forward (Into The Bleeding Obvious)”

New work health safety laws in NSW parliament

The New South Wales Government submitted its version of the Work Health and Safety Bill into parliament on 4 May 2011. Neither the Bill or speeches are yet available on-line [Update – see comments below] but NSW Greens MP, David Shoebridge, has provided some indication of what was presented.  Hopefully more information will be available tomorrow.

Shoebridge confirms what many expected

“The Work Health and Safety Bill and Occupational Health and Safety Amendment Bill will remove the capacity of unions to prosecute for breaches of Occupational Health and Safety laws….”

“These bills will also remove the jurisdiction of the Industrial Relations Court and abolish the reverse onus of proof…”

These changes are simply the political cost of the national harmonisation process.  Whether the removal of these powers will decrease workplace safety levels in NSW is highly debatable, as the lack of these in other State does not seem to have affected safety levels. Continue reading “New work health safety laws in NSW parliament”

State Coroner speaks at Workers’ Memorial

Victoria, Australia, had a State Coroner who trailblazed on the issue of workplace safety for well over a decade.  Graeme Johnstone saw the coroner’s role as improving the quality of life of the community by examining its failures.  Victoria’s current coroner, Jennifer Coate, seems to be continuing Johnstone’s work and addressed the crowd at Melbourne’s workers memorial on 28 April 2011.

Coroner Coate’s speech is unlikely to be publicly released but SafetyAtWorkBlog has been informed that the speech contained the following points

  • it is important to remember and honour those workers who have died at work so that potential deaths can be prevented;
  • since 2000 the Coroners’ Court has made over 100 recommendations or comments on industrial deaths and recent laws require the state government to respond to these recommendations;
  • the crowd at the Trades Hall memorial cairn were asked to assist in the uptake of the prevention recommendations from the Coroners’ Court;
  • we should not forget the impact that workplace deaths can have on those who knew and loved the victims, and those who worked with them.

That a coroner was willing to attend and speak at such an event is a major compliment to the trade union organisers and a good insight in Judge Coate’s personality and philosophy.

Kevin Jones

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