Category: business

Legal changes on workplace bullying are forgetting the workers

The lower house (thanks, Rex) of the Australian Parliament has passed amendments to its industrial relations laws, the Fair Work Act, to allow for matters concerning workplace bullying to be heard in its Commission, once the laws pass the Senate.. But recent media and parliamentary discussion on this action seems to forgotten the welfare of the bullied workers.

Professor Andrew Stewart of the University of Adelaide is reported to have said that there is a risk that the Fair Work Commission will be “swamped” with bullying complaints and that a system of filtering should be applied. Such a mechanism is supported by Professor Ron McCallum who said in The Australian on 14 June 2013:

“I would agree with the Coalition that there should be some filtering mechanism because we don’t know how many complaints there are going to be,” he said. “There’s been wildly varying suggestions.

Continue reading “Legal changes on workplace bullying are forgetting the workers”

Draft bullying code and cultural measurement

cover of 2013 DRAFT-COP-Preventing-Responding-Workplace-BullyingSafe Work Australia has released its latest draft code of practice for preventing and responding to workplace bullying for public comment.  There are many useful and practical strategies in the draft code but workplace bullying is only a small element of the more sustainable strategy of developing a safe and respectful organisational culture.

The definition in the May 2013 draft code is a tidied up version of the September 2011 definition:

“…repeated and unreasonable behaviour directed towards a worker or a group of  workers that creates a risk to health and safety.”

The lack of difference in these definitions is a real positive given the complaints, primarily, from the business community since 2011.  The significance in both definitions is that there must be a direct relationship between the behaviours and health and safety risks.  This could be substantially difficult to prove, particularly if , as in  most cases, it is the recipient of the bullying who needs to prove this.

Harm Prevention

Consider, for a moment, that this code of practice is used for establishing preventative measures and not just used for disproving a court case, these definitions can help establish a benchmark for creating a safe organisational culture. Continue reading “Draft bullying code and cultural measurement”

No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush

Australian politics is currently embroiled in a dispute generated by a contractor entering the telecommunications pits of the asset owner. Some, or many, of the pits contain asbestos and the contractor’s work, the laying of new fibre-optic cables, may disturb the asbestos. There are many other concerns but that is the nub.

The Australian newspaper has been running on this issue for many weeks but one article in today’s edition called “Tak​ing a dig: will Bill come up short?” (page 9 – online paywall), by David Crowe, caught my attention. Crowe reports that:

“The Aus­tralian has been told Tel­stra chief ex­ec­u­tive David Thodey wrote to Shorten in De­cem­ber 2009 to ar­gue against his pro­posal for a ‘‘proac­tive’’ pro­gram to re­move as­bestos from the com­pany’s pits. Thodey gave three rea­sons for not pro­ceed­ing: the cost; the risk of re­leas­ing as­bestos; and the fact plans for the NBN were in train but had not been locked in.”

I realise that the OHS legislative concept of “reasonably practicable” does not extend to all facets of life but if it were applied to the current asbestos exposure (and I think it could) Thodey’s three reasons given above would be crucial in any potential prosecution, particularly if the reasons in Thodey’s response to Bill Shorten were listed in order of priority. In OHS law, cost is the last element to be considered in determining a reasonably practicable hazard control measure.

Continue reading “No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush”

The practical manifestation of safety leadership

Professor Andrew Hopkins‘ frequent appearances at safety conferences are always fascinating as he does not simply trot out the same presentation each time. He is certainly not a priest with the same 52 sermons each year.

At the Building Safety conference Hopkins spoke briefly about mindfulness but grounded this in how executives and others should inspect a worksite and what questions to ask. He discussed audits also but there will be more on that in another article.

Hopkins insisted that executives should show leadership and begin to satisfy their positive OHS duty and their due diligence obligations by walking their worksites, talking with their workers and, most importantly, listening to the answers. There are no hard and fast rules or guidelines on the frequency of these visits but he said that the executives should NOT be accompanied. Having a phalanx of execs in pristine PPE approaching a work group puts the workers on guard and makes them self-conscious. Continue reading “The practical manifestation of safety leadership”

Rita Donahy speaks at Australia’s Building Safety conference

Donahy 2013 01The first international speaker at this weekend’s Building Safety conference in Canberra, Australia was Rita Donahy, author of the One Death Is Too Many report into the UK’s construction industry safety performance, and a member of the House of Lords.

Donahy stressed that workplace safety is, and should be, a social issue and not treated as a special case.
Continue reading “Rita Donahy speaks at Australia’s Building Safety conference”

Supreme Court decision limits public knowledge of OHS offences

Woman CelebratingIn May 2013 Fiona Austin (@upfrontfi) a lawyer with the Australian law firm, Herbert Smith Freehills (HSF), tweeted:

“Great win in the Supreme Court! No more naming and shaming for health and safety offenders in Queensland”

The Supreme Court decision is an appalling situation over which OHS professionals and regulators should be outraged.

Austin and other HSF lawyers authored a longer article on the case and totally miss the point of why OHS offenders should be named.  Shaming of offenders is a different matter.

The article explains how a decision under the Penalties and Sentences Act 1992 (Qld) may stop the OHS regulator in Queensland, Work Health and Safety Queensland, from listing the names of offenders on its website. Continue reading “Supreme Court decision limits public knowledge of OHS offences”

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”

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