book – Page 18 – SafetyAtWorkBlog

New book provides fresh context to OHS

SafetyAtWorkBlog regularly receives excellent review books from the New York publishing company, Baywood Publishing. 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

On 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”

A shaky start leads to a terrific book on incident investigation by Michael Tooma

There is one word that should not be used as an adjective in relation to workplace fatalities – impacted. Workers fall from roofs and the concrete floor has an impact on them. Workers hit by mobile plant or crushed in machines die from the impact. An impact results from the transfer of energy and this transfer of energy in workplaces can kill.

“Impacted” is used by those who do not feel comfortable differentiating between “affect” and “effect” and it is surprising to find the term used in the opening chapter of Michael Tooma’s latest book, Due Diligence: Incident Notification, Management and Investigation.

“Unless you have been involved in a serious incident, you don’t really appreciate how an incident will affect you. For every worker killed at work, there is a grieving mother, father, spouse and/or child. Their co-workers are impacted. Their friends are impacted. Management, guilt-ridden as they are in the aftermath of an incident, sometimes for good reason, sometimes not, are also personally and emotionally impacted. The tragedy touches everyone. In the midst of it all, a group of people are tasked with managing through the chaos and trying to get answers for all those impacted by the tragedy. This book is for them.”

The sentiment is correct and true but read the paragraph aloud and it sounds absurd. And why the overuse of “impacted” when a perfectly suitable word, “affect”, was used in the first sentence?

And this clumsy opening does the book a disservice. Tooma has repeatedly stated that this is a safety book written by a lawyer and not a legal book written about safety. This is a major change from a major Australian OHS publisher. It is a recognition that the readership is not lawyers feeding on lawyers but people wanting to understand workplace safety. Continue reading “A shaky start leads to a terrific book on incident investigation by Michael Tooma”

CCH and Freehills produce a curate’s egg of an OHS book

CCH Australia has a long history as a prominent publisher on occupational health and safety issues but its latest book is a “curate’s egg”.

Australian law firm, Freehills, has always been very involved with CCH’s “Master occupational, or work, health and safety guides but the 2012 edition of the Australian Master Work Health and Safety Guide is a more obvious marketing tool for Freehills than previous editions. The books have long had a back page advertisement. This year’s back page is devoted entirely to Freehills. The early pages of this edition include ten of photos of Freehills authors contributors with another eight of other non-Freehills authors before any useful text appears. It is difficult to see the need for such prominence when names alone have been sufficient in books for decades.

The book is also much more graphical and pictorial than previous editions but CCH’s decision to keep the book’s contents in black and white is less than impressive. Some of the monochrome photos in the Manual Tasks chapter are indistinct. Previous OHS books like CCH’s 2003 Australian Master OHS and Environment Guide had no graphics so colour was not missed. The lack of colour was a poor decision for this book.

The chapters on the model Work Health and Safety laws are less interesting than those sections dealing specifically with hazards. This book is a good introduction to many of the OHS issues that safety professionals will deal with or need to be aware. One recently graduated work colleague found the chapter on Plant Safety particularly good but basic. The information on the WHS laws seems familiar, and similar information is likely to be available from a much cheaper source or from reputable online sources.

Continue reading “CCH and Freehills produce a curate’s egg of an OHS book”

New book on OHS laws challenges current understandings of workplace safety

With the change of political heart from some of Australia’s state governments over the harmonisation of occupational health and safety laws, many academic and legal publishers revised their book plans as the national market was less national. However, some continued to publish understanding that although OHS harmonisation had a political deadline of 1 January 2012, refinement of the laws would continue for several years.

Federation Press has released a new book by prominent labour lawyer, Michael Tooma, and academic, Richard Johnstone, called “Work Health & Safety Regulation in Australia – The Model Act“. The title states an immediate limitation that other publishers squibbed at. The book is based on the Model Work Health and Safety Act and not, necessarily, the versions of the Act implemented at State level. Production timelines are responsible for this but it makes it even more important to follow the writings and research of Johnstone and Tooma to understand developments.

The Social Context of Safety

The authors reiterate an important element of the WHS Act in their introduction:

“[the laws] are no longer workplace or occupationally based, nor predicated on the employment relationship; rather the laws protect persons involved in ‘work’ in a business or undertaking, and, in addition, protect ‘others’ whose health and safety is affected by work. Consequently the scope of the Model Act is limited only by the imagination of those entrusted to interpret them and to enforce them.” (page 3)

This paragraph summarises well the elements of the laws that are causing so much fear in the Australian business community. Continue reading “New book on OHS laws challenges current understandings of workplace safety”

Category: book

New book provides fresh context to OHS

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Schoolyard to workplace bullying needs more examination

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New Zealand railways, red tape, politics and workplace deaths

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

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A shaky start leads to a terrific book on incident investigation by Michael Tooma

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CCH and Freehills produce a curate’s egg of an OHS book

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New book on OHS laws challenges current understandings of workplace safety

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