accountability – Page 79 – SafetyAtWorkBlog

Lessons for everyone in the legal action against France Telecom executives over suicides

In 2009-10, SafetyAtWorkBlog followed the unfolding and tragic story of the spate of suicides at France Telecome that were directly related to the change of work practices and organisational policies instigated after privatisation. SafetyAtWorkBlog stated that the suicides could be considered to be a case study of poor personnel management and, in more recent parlance, a failure of safety leadership. This month French authorities have begun investigating France Telecom executives.

According to an AFP report in early July 2012:

“Louis-Pierre Wenes was placed under investigation on Thursday, a day after former France Telecom chief Didier Lombard, for workplace harassment, his lawyer Frederique Beaulieu said.”

At the time of the suicides Wenes was Deputy CEO and Lombard was CEO.

Interestingly and curiously, workplace bullying is not a term used in the France Telecome situation, although it may have met the criteria that Australia applies. Continue reading “Lessons for everyone in the legal action against France Telecom executives over suicides”

Safety leadership and culture require accountability

At the recent Safe Work Australia Awards, the Minister for Workplace Relations had a dig at “safety culture“, according to an article from the National Safety Council of Australia. Bill Shorten said :

“It is not the systems or the fancy talk about culture that will save people’s lives.”

This has been interpreted by some as Shorten disparaging the advocates of safety culture. I agree that safety culture can be used as a euphemism for “Act of God” and therefore take no preventative action but safety culture is not designed by Gods, it is designed and implemented by Chief Executive Officers and Boards of Directors, often under the rubric of “leadership”. Continue reading “Safety leadership and culture require accountability”

Lawyer says OHS harmonisation has become a shambles

The 28 December 2011 edition of the Australian Financial Review (AFR) (not available online) quotes Australian labour lawyer, Michael Tooma, talking about the harmonisation of workplace safety laws:

“It’s descended into a farce, a shambles – only four jurisdictions are ready for the laws.”

This seems supported by the words of the recently-appointed Workplace Relations Minister, Bill Shorten, who says that the new Occupational Health and Safety (OHS) laws will cover 58% of the workforce. This also equates to 42% NOT being covered – hardly a success for harmony.

Victoria’s WorkCover Minister, Gordon Rich-Phillips, continues to miss the point of national harmonisation by continuing to argue against harmonisation with parochialism. He says that the new laws are very likely to increase the regulatory and cost burden without acknowledging that Victoria has many prominent businesses who operate nationally and will incur increased compliance costs due to his delay in the implementation of the harmonised laws.

The AFR article implies that a major reason for objection is that senior executives, the ridiculously named “C-suite”, will face increased accountability for decisions that affect worker safety. Perhaps, but this increase has been coming for some time and should have been anticipated by the C-suite.

The article also implies that hesitation over these laws comes from the increased accountability of senior public servants and departmental heads. Tooma acknowledges this change:

“To date, heads of departments in the public service have never been able to be held criminally liable under federal laws.”

The public service is going to be a fierce battleground considering that psychosocial issues are so prevalent in this sector. It will be fascinating (and sad) to watch senior executives in government departments being prosecuted under OHS laws for workplace bullying, excessive workloads and the generation of stress. (The size of the challenge may be seen by recent bullying issues in the Australian emergency services, WorkSafe Victoria and WorkCover NSW)

The AFR has been one of the very few newspapers reporting on OHS harmonisation but, not surprising given its specialized readership, it has focused on the business costs of implementation. Rarely has it discussed the positive benefits to safety management or the potential increase in worker safety. Perhaps there are none.

There is little safety innovation in the new laws. If OHS is about preventing harm, these laws are no improvement on the previous.

But then safety has rarely come from laws but from how people react to, or apply, the laws. The debate on harmonisation has been missing the voice of the safety profession in Australia but perhaps that’s because there is nothing new to say. Perhaps the management of safety will not have any fundamental change. It may be that the only change is that the CEOs begin to listen to their OHS advisers. Let’s hope that is enough.

Kevin Jones

Individual accountability – the Great Leap Backward (and into a legislative maze)

Col Finnie, formerly WorkSafe Victoria’s Principal Legislation Officer, looks at what the notion of individual accountability might look like if it was incorporated in the Work Health and Safety Bill, all done with his tongue firmly jammed in his cheek

It’s a good thing new perspectives about getting Occupational Health and Safety (OHS) right are tossed around. We love that sort of thing in OHS-World. But this sort of stuff, that used to be called “blue sky thinking”, needs the next step: head out of the clouds, feet on the ground and working out whether that ostensibly good idea will actually work, how it will work, and what will be the consequences. That reality-check can have that ostensibly interesting notion turn into no more than a puff of an idea; I think individual accountability is like that.

It seems that individual accountability is being touted as a contemporary “issue” for OHS. The context of the tout would appear to be that OHS will be better if everyone takes more direct responsibility for OHS in the workplace, i.e. everyone was more accountable for “how things are done” around a workplace. And yep, accountability and responsibility are different things, but not by much; clearly ya can’t be held accountable for stuff in the absence of any responsibility for that stuff at all. Continue reading “Individual accountability – the Great Leap Backward (and into a legislative maze)”

Category: accountability

Lessons for everyone in the legal action against France Telecom executives over suicides

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Safety leadership and culture require accountability

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Lawyer says OHS harmonisation has become a shambles

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Individual accountability – the Great Leap Backward (and into a legislative maze)

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