book – Page 22 – SafetyAtWorkBlog

Imminent release of OHS model law draft

In the film Mrs Doubtfire, it was said that her husband’s concept of foreplay was “Effie, brace yourself.” Australian safety professionals should follow Mr Doubtfire’s advice for, according to a media release from Safe Work Australia:

The Safe Work Australia Council met in Sydney today (18 September 2009) to consider a suite of draft documents on model occupational health and safety (OHS) legislation.

Mr Tom Phillips, Safe Work Australia Council Chair, said that this was a significant development in the harmonisation of OHS laws around Australia.

The Council agreed to recommend to the Workplace Relations Ministers’ Council (WRMC) that it approve the release of a suite of documents for a public comment period of six weeks.

“We have reached a key milestone proving Safe Work Australia is on track to deliver national OHS laws by December 2011,” said Mr Phillips.

The documents to be made available for public comment will include an exposure draft of the model OHS Act, discussion paper, key administrative Regulations and the consultation Regulation Impact Statement.

To continue the Doubtfire analogy, let’s look forward to the post-coital glow of legislative harmony, industrial peace and safe workplaces.

Kevin Jones

[Note: the original book, Madame Doubtfire by Anne Fine, is very funny too but in a less Robin-Williams sort of way. KJ]

The changing asbestos campaigns

As the incidence of asbestos-related diseases increases, the issues associated with asbestos have evolved beyond occupational health and safety.

The corporate conduct of James Hardie Industries and the prosecuting of its directors by the Australian Government had asbestos as the product around which corporate misbehaviour occurred. The prosecution has not improved the lot of the victims. The compensation fund which the director’s lied about will still be inadequate to deal with work-related claims.

Asbestos has become a true public-health hazard and issue, in a similar way that lead went from work to the community or even, perhaps, how cigarette smoke went from the personal to the public. Increasingly, useful results will be gained from lobbying the government through the public health sphere rather than through OHS.

Today in Tasmania, Matt Peacock‘s book called “Killer Company” was launched with the support of the Australian Workers’ Union. According to a media release in support of the event, the AWU National Secretary Paul Howes will “call for the creation of a federal National Asbestos Taskforce to manage the prioritised recall of all asbestos containing materials in all forms from the nation.”

Howes says

“The Federal Government must establish a national body with a regulatory mandate to map priority areas for asbestos product removal, such as schools and public places, and oversee its careful and total removal.”

“A National Asbestos Taskforce could facilitate and resource an Asbestos Summit, to bring together industry leaders, regulatory bodies and the nation’s top medical asbestos disease experts. Together with Governments, state, federal and local, such a summit could identify urgent priority areas for asbestos removal and develop a national strategy to deal with this ‘slow burn’ national emergency once and for all.”

Businesses in Australia must have an asbestos register but Paul Howes is also calling for

“…the establishment of a National Asbestos Register for all Australians ill from, or exposed to asbestos. He will also call for the establishment of a Register of all priority areas linked to a national Asbestos Present in Buildings Register.”

“We believe that [an] actuarial study will show that it is cheaper to remove asbestos containing materials completely from Australia, than fund the extraordinary medical cost of treating thousands of Australians contracting very serious asbestos-related disease over some decades to come.”

Unions have a proud history of effecting social change. Asbestos fits this tradition as it concerns the spread of a manufacturing component that is, arguably, going to have more of a social cost than it ever had as a social benefit.

There is enough of a social awareness of the complexity of issues related to asbestos that traction should be achievable with the government on a public health scheme. The challenge for the union movement and asbestos-safety advocates is that the campaigns still need to convince the whole community that this cannot be dismissed as a “union issue” but is a public health issue “championed by the unions”.

As more and more cases of asbestosis and mesothelioma start appearing in people who have not been involved in manufacturing or using asbestos, or washing the dust out of clothing, or living near asbestos mines, the seriousness of the health hazard will become evident. But we should not have to wait till then and a socially-aware government as the Rudd Labor Government in Australia claims to be should be able to acknowledge the sins and mistakes of the past and plan for the future, as it has done on other social concerns.

Kevin Jones

A video and audio interview with Matt Peacock is available online .

UPDATE: 17 September 2009

Tasmania’s Minister for Workplace Relations, Lisa Singh, has released a media statement about her launch of Matt Peacock’s book. In the statement she outlines her government’s action on asbestos:

“Shortly after becoming the Minister for Workplace Relations, I arranged a forum on Asbestos which was held by Workplace Standards on the 18th of March this year.

“A whole of Government Steering Committee was established following the forum and will make recommendations to me later this year.

The Committee is considering a range of issues including prioritised removal, mandatory reporting and disclosure, disposal, current legal and compensation issues and community awareness and education.

An audio report on the call for asbestos registers by the AWU was in the ABC Radio program AM on 17 September 2009 and is available online.

James Hardie directors face the consequences of their poor decisions

SafetyAtWorkBlog has kept a watchful eye on the long saga involving the directors of James Hardie Industries and their mishandling of a compensation fund specifically established for victims of the company’s asbestos products. The compensation fund story has been handled well by Gideon Haigh in his book on the company.

The saga has since evolved into one of the duties and actions of the board of directors, moreso than one of compensation. Today, 20 August 2009, the previous directors will be told of the financial and professional penalties determined by the New South Wales Supreme Court.

The ABC News online has an article about the impending court decision but more relevantly to the OHS and compensation issues is the fact that the existing compensation fund runs out in 2011 and the company says that the current economic climate does not allow for any more funds. For a company that has earned good profits from asbestos over many decades, two years of poor corporate performance does not seem to balance the scales.

Too many corporations are using the global financial crisis to mask their own management failings. The United States and England have seen this more than most countries.

The ABC was able to interview the current CEO of James Hardie Industries, Louis Gries, who is not as damning of the past directors’ decisions as some might expect, and the reporter, Sue Lannin, asks many direct questions about the company’s responsibilities to victims of its products. This interview deserves careful listening.

Company directors around Australia are watching how the court case ends and the size of penalties they may face if they make similar decisions. The OHS element is oblique to the issue of directors’ responsibilities but it is the hot topic in Australia at the moment and many OHS professionals talk with these same directors. It may be necessary to adjust one’s language or message when talking safety with them from tomorrow on.

Kevin Jones

Leadership, stress and performance reviews – interview

Graham Winter is an Australian psychologist who was the chief psychologist for the Australian Olympic team and is now an author and business adviser. In August 2009 he has a book released entitled “The Man Who Cured the Performance Review”.

SafetyAtWorkBlog managed to interview Graham last week about the book, stress and safety leadership. The SafetyAtWorkBlog podcast is available for download.

SafetyAtWorkBlog Graham Winter Interview

Kevin Jones

A study of violence

Australian writer, Jeff Sparrow, recently recently a book that looks at violence and killing , “Killing: A Misadvanture In Violence“. As part of promoting the book he has been interviewed on several radio shows, the one most relevant to SafetyAtWorkBlog, is the 3CR program, Stick Together, about his book.

Sparrow says that he wanted to investigate the “normalisation of killing” and l0oks at occupation which have killing as part of the job. He analysed the killing of animals through the first-hand experience of kangaroo-shooting and visiting an abattoir.

Sparrow says that the abattoir was very much a factory that deconstructs animals rather than manufacturing items, such as cars. This will be no revelation to anyone who has read Eric Schlosser’s book, Fast Food Nation, in which he analyses abattoirs, particularly meatpacking, in the context of food production. Schlosser’s section on the worker safety and compensation processes in the US meat industry is confronting.

They are also possibly more directly relevant to OHS (or heartless capitalism) than Sparrow’s take on abattoirs, although Sparrow does mention how the structure of the workplace “controls the workers”. This harks back to the dehumanisation of workers for the purpose of productivity where repetition makes the reality of the action of killing or dismemberment, mundane.

In comparison, the roo-shooters have a more detailed understanding of their “craft” because they are working in the wild, where things can go wrong, instead of on the killing floor.

Sparrow also looks at killing that is undertaken in other occupations, such as the defence forces, and workplaces, such as deathrow. In these contexts Sparrow talks about the industrialisation of the war processes.

Ultimately, from the workplace perspective, Sparrow’s book sounds like an interesting resource for those who study the depersonalisation of the worker, or industrialisation. For those who work on, or have responsibility for, production lines, this psychological approach to the book may help.

Kevin Jones

A sample chapter of the book is available for download.

An OHS look at the Fair Work book

On 9 July 2009 I wrote in SafetyAtWorkBlog

“The Fair Work Act has no relevance to occupational health and safety, so why mention this on SafetyAtWorkBlog?”

The Fair Work Act changes the negotiating and consultative structure of Australian workplaces stemming from changes in industrial relations law.

A book that came across my desk this morning suggests several other overlaps of OHS and IR in the new regime. Federation Press sent a copy of “Fair Work – The New Workplace Laws and the Work Choices Legacy“, a book edited by Anthony Forsyth and Andrew Stewart.

In Andrew Stewart’s chapter he talks of how the New South Wales Industrial Relations Commission made several extreme rulings on the application of State OHS laws to federal employees. He states that the government of Kevin Rudd has progressed OHS legislative reforms considerably by the government has “not indicated any interest in taking over the field itself”. The reticence has seemed strange and I was one of those who tipped a greater role for Comcare as a body for national OHS oversight.

Stewart has interpreted the government’s suspension of Comcare licences for national workers compensation coverage as illustrating the government’s interest lies

“in streamlining workers compensation for multi-State employers, rather than imposing a national regime”.

Ron McCallum is an Australia labour academic who always demands attention. Stewart includes a particularly salient reference

“Ron McCallum, for example, has argued that labour laws that are centred around corporations are unlikely to retain a ‘wholesome’ balance between employers and employees. Ultimately, he suggests, such laws are likely to become ‘little more that a sub-set of corporations law because inevitably they will fasten upon the economic needs of corporations and their employees will be viewed as but one aspect of the productive process in our globalized economy.”

The path to fairness is likely to continue to be rocky even during the terms of a government that originated from the labour movement.

NES

Jill Murray and Rosemary Owens write a chapter focusing on the Safety Net, a set of legislated minimum standards – National Employment Standards (NES). These standards are not “lines in the sand” and have purposely been given inherently flexibility. One of the issues discussed by Murray & Owens is maximum working hours.

This is particularly important to those of us who are trying to manage the issues of fatigue and impairment in workplaces. The authors state that it remains between the employer and employee to determine what hours, additional to the 38-hour working week, are “reasonable”. Some of the relevant safety factors in determining reasonableness are listed as

“Occupational health and safety risks”

“Personal circumstances, including family responsibilities”, as well as

“Needs of the workplace or enterprise” and

“any other relevant matter.”

Murray & Owens say that to determine reasonableness is almost impossible to negotiate between individuals because there is no priority allocated to each of the eleven criteria. The authors say

“… this kind of conflict is exactly what the provision must confront: a business might have urgent demands on production, yet an individual worker has to get home to cook tea for the family.”

Murray & Owens go on

“By placing the potential to expand working hours in the hands of the parties at the workplace, the NES, like WorkChoices, really mean that whoever holds the greater power (and, perhaps, knowledge of their rights) is likley to prevail, notwithstanding any calculation of reasonableness.”

Here is the opportunity for the union movement to generate additional members and in an industrial relations climate that allows fro greater access to employees. It is rare to find any individual who understands their own employment rights sufficiently to negotiate by and for themselves. The union movement could again become the “Friend of the Workers” by actually being the friend of workers and doing some solid footwork.

The Fair Work book is far more than this short article indicates. I only received the book this morning but am promising myself that I will read the rest.

As safety management broadens itself to cover psychosocial risks, it increasingly overlaps industrial relations, a workplace element that, with luck and a bit of work, could have been avoided by OHS professionals in the past. That is no longer the case and OHS professionals must understand how industrial relations changes will affect their own workplace and how they do their jobs. The Fair Work book is a great place to start.

Kevin Jones

The new generation of foolhardy reporters

In 1975 five Australian reporters were killed while covering the armed dispute between the Indonesian military and, what used to be called “freedom fighters”, the Fretilin in East Timor. An indication of how circumstances can change is that José Ramos Horta, the current President of East Timor was a founder and former member of Fretilin, the Revolutionary Front for an Independent East Timor.

Since that time, in particular, in Australia, the issue of safety of media employees has gained considerable attention, primarily through the work of the journalist’s union, the MEAA, and the international Dart Center for Journalism & Trauma.

But there are a new generation of freelancers and writers who come to reporting from outside the tertiary journalism courses (this writer included) who do not have the benefit of accessing the wisdom and advice of experienced reporters. These writers (I do not apply the term journalist even to myself) see the excitement of reporting from exotic locations and areas of conflict. New technology of recording and distribution only encourages them because it makes the reporting process easier or, at least, makes it easier to provide content, the quality of the content is often questionable.

A new book is being released in Australia concerning the Balibo Five and the author spoke to the Australian Broadcasting Corporation. Tony Maniaty, who was in Indonesia at the time and spoke with the Australian reporters, touches on the risks to which the new generation of reporters are willingly exposing themselves. His comments are timely and reinforce the importance of what used to be called listening to the wisdom of elders but now seems to be mentoring. His comments apply to all occupations and professions.

A feature film is being made about this period and the events surrounding the Balibo Five. Maniaty attending the shooting of the film and spoke about this in a Youtube video, ostensibly for the promotion of his book.

Kevin Jones

Category: book

Imminent release of OHS model law draft

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The changing asbestos campaigns

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James Hardie directors face the consequences of their poor decisions

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Leadership, stress and performance reviews – interview

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A study of violence

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An OHS look at the Fair Work book

NES

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The new generation of foolhardy reporters

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NES

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