Don’t kill anyone. Don’t seriously injure anyone.

Tooma 2016Michael Tooma (pictured right) has been a leading writer on occupational health and safety (OHS) law in Australia for some time.  He is one of the few labour lawyers who is not afraid to express an opinion although he has always spoken within the legal context.

Recently Tooma participated in a roadshow with

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NZ survey reveals useful OHS profile

Safeguard-Issue 156New Zealand’s Safeguard magazine is a long-standing institution.  Recently it undertook its first ever Safety State of the Nation survey.  The results are interesting and should provide a format for Australia and other countries or publishers to follow.  Cross border comparisons could be fascinating.

Safeguard’s editor Peter Bateman says in a media statement:

“Given all the scaremongering stories which have accompanied the new Health and Safety at Work Act, it is pleasing to see 40% of respondents feel health and safety is an opportunity to improve their business rather than just to comply with the law.”

The fact that the results are made publicly available is also significant.  Not only does this allow me to write an article on the results, it shows a level of transparency that other safety-related surveyors, particularly those who charge hundreds of dollars for a survey report, could easily follow.

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What does the Prime Minister’s criticism of banking culture mean for OHS?

Some of Australia’s mainstream media reported on Prime Minister Malcolm Turnbull‘s admonishment of the banking sector on April 6 2016.  He accused them of having an unhealthy culture, reflecting a general and growing public dissatisfaction with large financial institutions, insurance companies and other corporations.

Given that the dominant perspective on occupational health and safety (OHS), at the moment, is the importance of an organisational culture that values workplace safety, it is worth looking at Prime Minister Turnbull’s words and those of prominent executives and financial regulators recently reported in the mainstream press.

Continue reading “What does the Prime Minister’s criticism of banking culture mean for OHS?”

A new option for avoiding OHS obligations

cover of Deferred-Prosecution-Agreements-Discussion-PaperA major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations.  Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of options and mechanisms, such as enforceable undertakings, available to companies in order to avoid a prosecution or financial penalty.

A new prosecution option has recently gained the attention of the Australian Government and one with which OHS professionals should become familiar as it could spread into their field of operations.

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Ernst Young’s latest safety discussion paper

Ernst Young (EY) Australia has released a discussion paper about its “Plus One” strategy for occupational health and safety (OHS) and safety culture change.  Perhaps the curious and significant issue raised in the document is the way it considers that the “zero harm” era is over.

The document urges people to “build on the lessons of zero harm”.  Some would say that the most important lesson is that “zero harm” is bullshit but EY is almost taking “zero harm” as a fixed point in time, or rather a point in thought, from which progress in a new direction is possible.  Continue reading “Ernst Young’s latest safety discussion paper”

Just Culture and Restorative Justice

Sometimes it is better to read Sidney Dekker than listen to him.  His presentation style is lively but his research and thoughts deserve more measured analysis than a conference or seminar presentation allows.  A recent research paper, “‘Just culture:’ Improving safety by achieving substantive, procedural and restorative justice“, shows the advantage of reading over watching.

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