A rough ride on OHS

Since I heard about the Gaia hypothesis in the 1980s, I have read most of James Lovelock‘s books.  I was confronted by his argument that nuclear power is undervalued as one of the cleanest and sustainable sources of power, as I have grown up listening to anti-nuclear activists like Helen Caldicott and being frightened by films like Fail Safe and Threads.  I am not sure I agree with Lovelock but I respect him.  In his latest book, though, he makes a couple of negative references to occupational health and safety (OHS) that are cheap shots, unfair or disappointing.

Lovelock says, on page 2 of “A Rough Ride to the Future” that the chemical industry is “now mainly run by an intelligent and usually responsible technocracy” but that

“…we may be hampered in our attempts to solve the large problems [of pollution] by the absurdly zealous application of health and safety laws.” (emphasis added)

In discussing oxygen levels in the atmosphere and how its regulation is so important, Lovelock says, in parentheses,

“We are fortunate there is no inbuilt health and safety system in Gaia, otherwise the dangers of fires would have led to the banning of its production.” (page 13)

This comment, moreso than the former, shows Lovelock misunderstands OHS regulation and application.  Earlier in the book he praises the banning of chlorofluorocarbons on climatic reasons and then, absurdly, implies that OHS would advocate the banning of oxygen. It’s a cheap shot.  OHS is about trying to eliminate the risk of harm and by investigating the source of the hazard, usually through the scientific method. 

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New industrial relations book does service to OHS (for a change)

It is common for industrial relations to be written about without any mention or serious analysis of occupational health and safety (OHS). But a new textbook on Australian industrial relations includes a very good chapter of OHS that, significantly, cross-references other chapters in the book to provide a unified approach that reflects both the title and its intent. The book is called “Australian Workplace Relations” and the workplace health and safety chapter is written by Elsa Underhill.

Underhill has written on the OHS effects of precarious employment extensively and this issue is the basis of her chapter.  She sees this as major cause of many of the OHS issues, particularly the growth in psychosocial risks in modern society and provides copious amounts of Australian and international research in support. Continue reading “New industrial relations book does service to OHS (for a change)”

A bright new book on safety communications

Australian marketer and communicator, Marie-Claire Ross, has moved from video to print with a new book called “Transform Your Safety Communication“.  The book  approaches safety communications from the marketing perspective and provides a terrific primer in how to write about workplace safety effectively.

Marie-Claire Ross writes that

“Too often, safety professionals are taught about compliance, but not the right skills to influence and engage others.” (page 12)

This is not a deficiency of just the OHS academia.  Such a statement would equally apply to most professions.  Commercial communication skills, those required other than for essays, assignments and theses, are rarely included in any curriculum other than journalism and marketing.  As such, this book is likely to have benefits way beyond the safety profession. Continue reading “A bright new book on safety communications”

New book provides fresh context to OHS

SafetyAtWorkBlog regularly receives excellent review books from the New York publishing company, BaywoodPublishing.  The latest is entitled Safety or Profit? – International Studies in Governance, Change and the Work Environment.   I have yet to get beyond the introduction to the chapters by Australian academics on precarious workers (Quinlan) and the decriminalisation of OHS (Johnstone) but the introduction is fascinating.

The most fascinating is its discussion of Lord Robens’ Report of the Inquiry into Health and Safety at Work from 1973. The editors, Theo Nichols and David Walters, question the “major advance” many claimed for the Robens report by comparing it reviews 40 years earlier.  Nichols and Walters quote the conservatism that led to Robens seeing criminal law as being “largely irrelevant”, and legal sanctions being “counter to our philosophy”.  However, they do admit that Robens was prophetic on the growth of self-regulation and the duties of care.

Nichols and Walters also remind us that the Robens-inspired Health and Safety At Work Act of 1974 did not recommend the creation of Occupational Health and Safety (OHS) representatives.

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Schoolyard to workplace bullying needs more examination

Australian Academic Press has forwarded a bullying article, written by Stephen May, that links together many of the themes of its authors with the topicality of recent statements on schoolyard bullying by the Queensland Attorney General, Jarrod Bleijie. The statements on schoolyard bullying seem reasonable and bullying at school is an established hazard but extrapolating these to the workplace is a questionable leap. Thankfully Australian Academic Press’ list has workplace bully texts.

“Young bullies who don’t learn why such behaviour is wrong will likely remain as bullies into adulthood.”

This statement reflects a common assumption but fails to consider the dramatically different legislative, organisational, cultural, social and personal differences between school and work. Schools have a different type of duty of care that requires nurturing, encouragement and psychological development. The teachers, the equivalent of managers or workplace supervisors, have more of a mentoring role than exists in most workplaces. The relationships are less Jedi and Padawan and more colleagues or, in some industries, mates.

Continue reading “Schoolyard to workplace bullying needs more examination”

New Zealand railways, red tape, politics and workplace deaths

cover of NZ RailOn 28 April 2013, New Zealand lawyer, Hazel Armstrong, published a 48-page book on how workplace fatalities and the management of the NZ rail industry has been related to politics and economics.

This is an ideological position more than anything else and the evidence is thin in much of this short book but there is considerable power in the description of the manipulation of occupational health and safety regulations and oversight during the political privatisation of the NZ rail sector.  Many countries have privatised previously nationalised, or government-owned, enterprises usually on the argument of productivity and efficiency increases.  Armstrong argues that these arguments were used to justify breaking the trade union dominance of the rail industry. Continue reading “New Zealand railways, red tape, politics and workplace deaths”

Insurance may diminish a director’s commitment to their positive OHS duty

Neil Foster of the University of Newcastle is known to SafetyAtWorkBlog for his work looking at the legal liabilities of company directors and officers.  Recently Foster released a paper called “You can’t do that! Directors insuring against criminal WHS penalties” which provides an additional legal context to an earlier blog article.

Foster acknowledges that

“…provisions of the criminal law imposing personal liability for company breach of workplace health and safety provisions provide one of the strongest ‘drivers’ for company officers to use due diligence to see to the implementation of company safety policies.”

and asks

“… what if the officer knows all along that, should they be subject to such a penalty, the company, or an insurance policy, will come to the rescue?”

This is a concern that relates to insurance policies or indemnities that are being offered in some industrial sectors.  Insurance could dilute the diligence of officers and directors on a range of matters including workplace safety. Continue reading “Insurance may diminish a director’s commitment to their positive OHS duty”

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