Interview with Dr Gerry Ayers

This weekend is the International Workers Memorial Day.  In Victoria, in particular and in Australia more generally, it is highly likely that the issue of Industrial Manslaughter laws will be raised as part of a trade union campaign.

Dr Gerry Ayers, the OHS&E Manager of one of the branches of the CFMEU, features in an online petition about these laws and it seemed the right time to interview Dr Ayers about these laws but also about workplace health and safety enforcement and practices more generally.

The full audio of our conversation is available in the Safety At Work Talks podcast available on SoundCloud and Podbean.

SAWB:           Gerry I’ve seen your photograph on various petitions and flyers about industrial manslaughter laws in Victoria where the trade union movement is asking people to sign petitions and pressure the government into bringing in industrial manslaughter laws.  Why is the trade union movement doing this now and what’s the purpose of the laws?

GA:     And it’s a bit like what the industrial campaign is all about, it’s rules are broken, or our rules don’t seem to be working in terms of the legislative framework and the sanctions that are afforded to people when they break the OH&S laws and when it all goes horribly wrong and someone is killed. It’s very rare that the full financial penalty is ever applied to any employer who goes to court for a workplace fatality. Continue reading “Interview with Dr Gerry Ayers”

Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works.  I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

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Flogging the banks could help safety

Australia’s Royal Commission into banking and financial services is a few months in and the evidence provided of wrongdoing is so substantial that those who were critical of the need for such an investigation are admitting they were wrong.

SafetyAtWorkBlog is applying the logic that occupational health and safety (OHS) succeeds best when it is part of the organisational culture.  Australia has often held its banking and financial services as “world-class” and many of that industry sector’s leaders have been prominent in speaking about the importance of leadership and corporate morality.

The financial and banking industry’s credibility and authority in Australia is gone and the OHS profession can learn much from this failure, even when the failure is in its early stages of exposure.

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“Just Culture – The Movie” – important case study

I was born outside Liverpool England well over 50 years ago and have lived on the other side of the world ever since.  I love hearing accents from Northern England as it reminds me of my relatives, my roots and, most of all, my Mother.  This meant that I had to watch Sidney Dekker‘s latest 30 minute documentary at least twice so that I paid attention to what was said rather than how.

“Just Culture – The Movie” (accessible through the YouTube share below) tells the story of the transformation from a divisive and unproductive blame culture to a just culture.  It is an important story because it is theory, concept and idea made real, and made real in an industry sector that has a complex organisational culture only partly explained by its funding model.

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FIFO, Fairness and the Future

Trucks in Super Pit gold mine, Kalgoorlie, Western Australia

SafetyAtWorkBlog’s article about the safety of Fly-In, Fly-Out workers has generated some discussion through its mention on LinkedIn which has raised some interesting points.

A common thread seems to be that it is impractical to build townships and facilities to support remote mine workers and which also provide services to workers’ families. One commenter posed these questions:

“Are we going to drag the FIFO families out to these areas, build houses for them, along with all the associated infrastructure to support them, for what may be only a 3-5 year construction program? Is it fair to drag the partners and families of FIFO workers away from their family supports (parents/friends, etc)? Away from decent medical care? Away from schools/universities?”

This may have been intended as rhetorical but prompts a question that I frequently ask when I consult with clients – “why not?”

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We need to ask tougher questions about FIFO

On the recommendation of one of my subscribers I am currently listening to a podcast called Food For Thought which includes a discussion on the mental health issues associated with the Fly-In -Fly-Out (FIFO) work structure.  This article is being written as I listen to the podcast so follows the threads as spoken.

Various major Australian inquiries have been held into the occupational health and safety of FIFO workers for the mining sector. The potential psychological harm of FIFO is indisputable so why aren’t we asking the tough questions and thinking about the harm that we are allowing to occur?

Source: istockphoto

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Why don’t employers pay attention to psychological harm?

The Safety Institute of Australia (SIA) is an active supporter of Safe Work Australia‘s (SWA) recent attention to the risks of psychosocial hazards in the workplace.  On 10 April 2018, the SIA reiterated this support and its anticipation of a new SWA guide on the issue but the media release  includes a statement that may be a little too polite towards employers and not sufficiently inquisitive about the safety professional’s role.

The CEO of the SIA,

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