Category: business

The nonsense of Victoria’s non-harmonisation

[Guest post from Ross Macfarlane]

A rhetorical question: if you were an OHS advisor for, say, a Victorian construction company, would you prefer to rely on a regulatory guidance document issued in 2012, under legislation which is not in force in the State, or one which is well over 20 years old, and issued under another piece of legislation which is not in force in this State?

It is received wisdom in OHS professional circles that the continuing failure of Victoria and Western Australia to implement harmonised work health and safety laws is a triumph of politics over policy – a victim of lobbying by special interest groups, mostly of a conservative persuasion. It is a fact that the goal of nationally harmonised laws was established during John Howard’s Prime Ministership, but it is also a fact that the national model laws were adopted by the Council of Australian Government (COAG) in July 2008 (with a target date for adoption of 1 January 2012,) in a narrow window of time when Labor governments were in power in the Commonwealth and every Australian State and Territory.

I don’t wish in this article to dwell on the politics surrounding of the adoption, rejection or modification of the harmonised laws. Key ideological differences such as the magnitude of penalties and union right of entry are I believe of less consequence than the failure to adopt the common structure and common approach to regulation. Hence I want to focus on some of the anomalies and contradictions that have arisen in Victoria as a result of the laws not being adopted in this State. Continue reading “The nonsense of Victoria’s non-harmonisation”

Beyondblue’s latest research report is too narrow

Beyondblue has just released a report into the cost of mental health in the workplace prepared by PricewaterhouseCoopers (PwC) and called “Creating a mentally healthy workplace – Return on investment analysis“. The report is interesting but of limited use for those looking for ways to make their own workplaces safer and healthier with minimal cost.  The Beyondblue  media release claims

“… that Australian businesses will receive an average return of $2.30 for every $1 they invest in effective workplace mental health strategies.

The research, which looked at the impact of employees’ mental health conditions on productivity, participation and compensation claims, also found these conditions cost Australian employers at least $10.9 billion a year.”

The first claim looks attractive but achieving such a return is unlikely unless the company includes the following:

  • “commitment from organisational leaders,
  • employee participation,
  • development and implementation of policies,
  • provision of the necessary resources, and
  • a sustainable approach.” (page iv)

The best chance for the return on investment (ROI) will likely occur in a company that has an enlightened management, “necessary resources” and a leadership that is already likely to have mental health and a safe organisational culture on its agenda.  This is a rare combination which limits the application of the PwC report findings.

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Can Broken Windows Theory help OHS?

There are very few innovations that originate from within the occupational health and safety (OHS) profession.  Most of the change seems to come from the application of external concepts to workplace activities and approaches.  Recently a colleague was discussing how some of the current OHS initiatives mirror the “broken windows” concept which originated in criminology in the United States.  In some ways Broken Windows Theory mirrors OHS positives but it may also reflect some of the negatives or OHS dead-ends.

Ostensibly Broken Windows Theory discusses how attention to small improvements may generate cultural change.  However the improvements introduced seem to have different levels of success depending on the context in which they are applied.  For instance in OHS, a construction site may mandate that protective gloves are worn for all manual activity but if there is a variable level of manual handling risk, the wearing of gloves will be an accepted practice in one area but haphazard in another.  The intention of a mandated safety requirement is to change the risk and safety culture of a workplace but the different levels of risk mean that the requirement can be seen as “common sense” in one area but unnecessary “red tape” in another.

The criminological application of the theory reached its peak in New York City in the 1980s and 1990s.

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Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014

IWMD 2014 01A short time ago the International Workers Memorial Day commemoration in Melbourne, Victoria, concluded. The ceremony was less sombre than in previous years with, it seemed, fewer families and relatives of deceased workers.  Certainly there was no speech from a family member, nothing from workplace safety advocates other than the three trade union speakers, Meredith Peace, Brian Boyd and Michael Borowick (all pictured right), however there were tears for some in the crowd and wreaths were laid prior to a minute silence.

The politics was reduced this year as there were no noisy protests from the back of a tray truck and no march on Parliament afterward, however politics is never far from the surface of this type of event. Michael Borowick, Assistant Secretary of the Australian Council of Trade Unions  was the more effective of today’s three speakers.  Continue reading “Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014”

“Safety is paramount”, “safety is our number one priority” = bullshit cliches

After a major incident or at an Annual General Meeting, it will be common to hear a senior executive state something like “Safety is our number one priority”.  This is unrealistic and almost absurd because even in the most worker-friendly company, the continued existence of that organisation is the real and ultimate goal.  Most corporate leaders believe these safety clichés because they think they reflect their own values but the statements are misrepresenting occupational health and safety (OHS) and need to be questioned.

Corporate leaders who say such statements are not hypocrites.  They are more likely to not understand the consequences of their statements.  If safety really is the number one priority, an executive should be able or expected to close the company if its work cannot be conducted safely.  If a company’s people are paramount to the success of the company, how does it handle an accusation of bullying against a manager?  Which of the people does the Board or the company choose to keep and which to lose?  Should it keep the “evil” sales representative because the rep is its most effective salesperson or sack the rep because he or she is abusive?

These are executive decisions that need to be worked through if any company is to develop an effective operational culture that truly values the safety of its workers.  It is vital that the reality behind the statements is analysed and acted upon, or perhaps such statements should not be uttered in the first instance.

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CEO survey shows odd attitude to OHS

Cover of AiGroup CEO Survey 2014One has to be very careful with surveys, particularly those involving business confidence or surveys of an organisation’s membership base.  These are often surveys of perception which may not correlate with reality and can be used as an excuse to lobby government or set an agenda rather than determining a societal truth.  A recent example of this type of survey seems to have been produced by the Australian Industry Group entitled “Burden of Government Regulation“.  The AIGroup’s media release accompanying the report states that

“Over 83% of employers surveyed listed regulation related to industrial relations and occupational health and safety as a significant regulatory burden in 2014.”

Continue reading “CEO survey shows odd attitude to OHS”

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