Codes and Regulations prioritized in Australia’s harmonisation process

When the Australian Government began the process of reviewing OHS laws in order to achieve harmonisation, there was a fairly tight schedule for these reforms.  Draft OHS codes of practice and regulations were due in the second half of 2010.  The last public statement on these public comment documents was that drafts were due for release at the end of October.  The latest rumour is that some of the documents will be out around November 10.

It has been mentioned elsewhere that Safe Work Australia has missed a major public relations opportunity by not getting documents ready for release in its Safe Work Australia Week in late October, for it is guaranteed that all State OHS regulators will be badgered about the draft documents as Safe Work Australia Week events.

Codes

SafetyAtWorkBlog has learnt that many of the codes of practice and occupational health issues have been prioritized.  “Priority Codes” will include:

Now is the time for all good OHS lobbyists to come to the aid of their country

Now is the time for the OHS fraternity to lobby local politicians on the importance of workplace safety for the community and business.

Australia is facing a hung Parliament following the 21 August 2010 federal election.  OHS was mentioned early in the campaign but not since even though there were opportunities.  Industrial relations was raised in the election campaign by the Australian Labor Party but the Liberals chose not to play and its IR spokesperson, Eric Abetz, was missing in action.  But OHS law reform has been less about improving the law than about reducing the cost on business (even though the significance of this is argument is highly dubious) and this is where discussion on OHS could have occurred.

The Liberal Party is continuing to assert that “stop the waste” is a positive message as it relates to government spending.  It projects itself as the friend of business and the free-market and has reluctantly accepted the reality of OHS legislation although not the cost of effective compliance.  The Liberals could have used the OHS harmonisation process as an example of an economic reform IT began* but has been supported and progressed through the Rudd/Gillard Labor government.

Now, in a political climate where the Australian Greens and some Independents will hold the balance of power in the Senate and have the chance to form a coalition government with either party, the IR policies of smaller party miners and independents will be crucial for OHS and workplace relations.   Continue reading “Now is the time for all good OHS lobbyists to come to the aid of their country”

Confusion over bullying and sexual discrimination on display in air traffic controller media reports

The Australian media is providing considerable coverage to the legal claim by two female workers against Airservices Australia over bullying and sexual discrimination.  Airservices Australia is a government organisation that control aircraft movement over Australian airspace.

The details of the harassment mentioned in the media are quite offensive and have no place in the modern workplace.

There are a couple of OHS related issues that pertain to the legal action and the media articles.  Firstly, the media struggles to differentiate between sexual discrimination, sexual harassment and workplace bullying.  Bullying has the most direct relationship to occupational health and safety but the others generate stress in the workplace and therefore the impacts, if not the actions, fall within the OHS purview.  The Australian Financial Review (AFR) (page 7, not available online) has a headline “Flight controllers sue for sexual discrimination” yet the article reports on bullying.   Continue reading “Confusion over bullying and sexual discrimination on display in air traffic controller media reports”

Workplace bullying needs prompt and concise action to be effective

It is very important to treat media reports of bullying with a great deal of scepticism.  An article in the Herald-Sun on 20 July 2010 is a good example of the collation of new and old information intended to generate alarm or outrage.

Werribee Secondary College has had several incidents of occupational violence and school violence.   All schools will have bullying incidents of student to student but these can be minimised and controlled with effort, commitment and vision.  Bullying between staff is different, although the controls are similar, and inhabits the  different legislative context of OHS.  WorkSafe Victoria has been involved with workplace bullying incidents in the education sector in the past.

The Herald-Sun builds on the myth that teachers have it easy because of the amount of leave that is scheduled. The current article entitled “Teacher seeks bullying payout” has a headline about workplace bullying but the article mixes up student bullying and workplace bullying as if they are the same issue but to different degrees and with different participants.

The Victorian Education Department has addressed the issue of workplace bullying to some extent.  The department has several sites devoted to bullying issues and occupational violence but much of it refers back to policies and reactionary responses.  Continue reading “Workplace bullying needs prompt and concise action to be effective”

ICAP Congress of Applied Psychology is a neglected OHS resource

In July 2010, Melbourne Australia is hosting the 2010 conference of the International Congress of Applied Psychology.  What was an OHS consultant at this conference?  The question should be why wasn’t OHS consultants at this conference?

This conference is not about workplace safety, per se.  It is about how people think and communicate.  It provides research (some would say evidence), often about how people relate to each other at work.  The exciting content of this ICAP Conference makes the Safety In Action Conference look like a history lesson.

The conference has made the full program and the speaker abstracts online, for free.  Both are big PDF files but are excellent resources for those OHS professionals looking for the latest research into bullying, driver safety, health & wellbeing, organisational behaviour, leadership, fatigue, stress and other issues. Continue reading “ICAP Congress of Applied Psychology is a neglected OHS resource”

Psychological advice on handling people that is broadly applicable

The latest edition of Lawyers Weekly includes an article ostensibly about managing bullies in the legal profession written by psychologist, Dr Chris Day.  The article provides some general tips, though, that are useful to any of us who need to make decisions refreshingly she reflects two options that I offer to my OHS clients on safety matters that do not include bullying.  Dr Day says that any problem can be solved by these actions

  1. “Leave…
  2. Change the situation…
  3. Accept the situation…
  4. Do nothing….”

Leave and change are included in the OHS Hierarchy of Control under different terminology.  Doing nothing is advice that few OHS consultants will give but is a strategy that many small businesses apply.  Their risk management strategy is to press their luck and in some cases this can work.   Continue reading “Psychological advice on handling people that is broadly applicable”

Social change through worker dignity

The need for food parcels for those on workers’ compensation seems to continue in South Australia according to a 3 July 2010 report in Adelaide Advertiser.  SafetyAtWorkBlog mentioned the service being offered by Rosemary Mackenzie-Ferguson and others in March 2010.

There are many areas of society that are supported by privately provided social services and this situation is likely to persist but just as soup kitchens illustrate a problem of poverty, so the food service mentioned above indicates a problem with workers’ compensation.

As each Australian state reviews its workers’ compensation laws ahead of a national harmonisation, it seems absurd to focus on the laws but not on the social impacts of those laws.  It is common to refer to a “whole-of-government” approach to issues but “whole-of-society” seems to be a slower concept to embrace.

Much is being made in Australia’s OHS harmonisation process of the need to look at the enforcement policies that support new legislation.  There is also a (flawed) reliance on Courts to provide clarity to the legislation rather than producing clear laws in the first place.  But rarely does government look beyond the law, the Courts, or the enforcement policies to assess the potentially negative social impacts of the OHS and workers’ compensation laws. Continue reading “Social change through worker dignity”

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