Category: audit

“Does my business comply with the OHS/WHS law?”

Employers struggle to know if their businesses comply with the local occupational health and safety (OHS) or work health and safety (WHS) laws. They always have and, likely, always will. Employers are hungry for certainty and are often annoyed with OHS advisers who refuse to give a definitive answer to the question in this article’s title.

In the 1990s, particularly in Victoria, there was almost a frenzy for a simple audit tool developed through WorkSafe Victoria called SafetyMAP. It disappeared well over a decade ago, but my Goddess, it was popular, and small business operators especially wanted it. Even when its effectiveness was questionable.

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Addendum: Chris Smith and the prevention of harm

The earlier Chris Smith article mentioned the earlier incidents that, given his recidivism, the control measures implemented failed or were inadequate. If these incidents had involved occupational health and safety (OHS) concepts and investigations, the latest incident may never have occurred.

OHS is big on investigations and contributory factors but usually after an incident. OHS tends to identify faults and failures after the event. However, this has become the norm because OHS and employers are less able or interested in investigating incidents with lesser consequences or what OHS call Near Misses. Chris Smith had no near misses, each of the earlier “misbehaviours’ were incidents that seem not to have been investigated to the standard or depth intended in OHS.

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Ballarat Council responds

Ballarat City Council has provided a short statement in response to the nine questions put to it about the awarding of a $2 million construction contract to Pipecon, a company that was recently convicted and penalised over the deaths of two of its workers as mentioned in a blog article earlier this week.

A spokesperson for the council wrote:

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Industrial Manslaughter and Australian Standards

Earlier this month, SAI Global issued a media release headlined

“1 in 2 organisations don’t meet State industrial manslaughter laws, new executive survey finds – Plus, seven tips for executives to prepare their organisation to meet the laws”

This was based on internal research compiled in their “2021 Australian Business
Assurance Report” (not publicly available). SAI Global’s headline findings from the report are

  • “45% of executives not confident their organisations meet industrial manslaughter laws
  • Senior leaders do not have OHS responsibilities in 33% of organisations
  • Businesses will put 62% more budget, resources and people toward OHS”

There were several odd statements in the report about which SafetyAtWorkBlog sought clarification, particularly about Industrial Manslaughter. SAI Global’s workplace safety expert Saeid Nikdel responded.

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We complicate what we know works

There is one simple way of improving occupational health and safety (OHS) in any workplace – have the senior managers and executives be more in touch with the manufacturing process or provision of services. This will improve their understanding of the risks in their businesses and, hopefully, cause them to see the importance of improving health and safety, either for increased profitability or for the quality of life of their workers. Often the executives are too busy to take the time to visit, learn and listen and Industrial Manslaughter laws are intended to cut through this business attitude.

Recently SAI Global issued a media release about Industrial Manslaughter laws which has more to do with its certification services than the improvement of worker safety or prevention of harm. Stripping away the marketing, the media release quotes Kiran Bhagat saying:

“Industrial manslaughter laws legislated in Victoria, Queensland, Western Australia, the Northern Territory, and the ACT place legal liability squarely at the feet of the C-suite and company directors for industrial manslaughter. Organisations must ensure their compliance to OHS laws is over and above current standards and, besides, aim to meet and exceed international standards as a safeguard. The highest-ranking leaders in an organisation must be proactively involved in these processes.”

There are few OHS professionals who would disagree with this.

The content that lets this media release down and puts it into the marketing folder rather than the OHS folder is the prominent promotion of its certification services, that should be able to stand on their own content such as this in the final paragraph:

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Auditing the auditors

In the wake of several corporate collapses, the UK Government commissioned a review of the business auditing sector. In 2019, the final report of the Brydon Inquiry was released recommending substantial changes to auditing. Occupational health and safety (OHS) is increasingly considered as part of corporate governance so these recommendations have a direct effect on OHS management and reporting.

This report is relevant to Australia for many reasons, principally, because the audit firms that were scrutinised by Donald Brydon operate here.

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Small packages, big info

Face-to-Face communication trumps electronic communication every time. This is true for telling stories to trauma counselling to telling someone you love them.

Prof. Michael Quinlan and Alena Titterton Akins at the 2019 Tasmania Health & Safety Symposium

Sixty delegates attended the one-day occupational health and safety (OHS) symposium in Tasmania yesterday. These symposia seem to be the modern equivalent of the traditional conference, especially in Australia, and offer the opportunity for better conversations about OHS. This format still has some need for refinement but it seems more informative than a lecture and less confusing than a multi-streamed big conference of thousands of people.

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