Category: business

No code of practice for workplace bullying but hope remains

Ha01-037As the 1 January 2014 implementation date for new workplace bullying processes approaches there is an increasing amount of legal, HR, and safety seminars, and newsletters and alerts being produced.  Most reiterate the amendments to Australia’s Fair Work Act but occasionally there is additional information.

In a recent seminar, it was suggested that the draft Code of Practice for the Prevention and Management of Workplace Bullying, developed by Safe Work Australia, is to be released as a guidance note rather than a Code of Practice (see below).  Continue reading “No code of practice for workplace bullying but hope remains”

OHS as an industrial relations tool

Recently Queensland’s Attorney-General Jarrod Bleijie has been asserting that a review of union right-of-entry provisions is needed because unions have been using occupational health and safety (OHS) issues as an excuse for industrial relations (IR) action.  Such assertions have been made for decades in Australia to the extent they have become fact.  Below is an article looking at one of the sources of the Attorney-General’s assertions.

In a media statement dated 5 October 2013, Bleijie stated:

“For too long, we have seen construction unions using safety as an industrial weapon in this State… Quite frankly, their abuses of the current right of entry provisions are designed to bully contractors until they get their way. Sites are being hijacked and workers held to ransom.

“I have personally heard of stories from hard working Queenslanders who have been locked out of their workplace because of militant union activity.

“Earlier this year, a major contractor lost 42 days of work due to illegal strike activity in the first year of their enterprise agreement. This practice will end.”

Some of this statement was quoted in a Sunday Mail article on 6 October 2013 following the minister’s speech at an awards ceremony with the Master Builders. Like most political media statements there is a large amount of hyperbole but this article’s focus will be on the OHS elements of the statement.  Continue reading “OHS as an industrial relations tool”

Hundreds plead with government to save lives while those to blame beg for scrutiny

The article below has been written by Marian Macdonald and is about an event that I recently attended in Sydney about fall protection.

When a plumber perched on the rooftop of a skyscraper clips a safety harness onto the point that anchors him to the building, there’s a one-in-three chance the anchor itself is unsafe. Remarkably, the installers being held to blame are pleading for greater scrutiny of their work from the regulator.

SummitAudienceThe Working At Heights Association (WAHA), which represents fall prevention equipment installers, today sent a call to action submission (not available online)  to the Heads Of Workplace Safety Authorities (HWSA). It follows an industry crisis summit held last month where, with a sea of upstretched hands, hundreds packed into a stifling conference room demanded urgent action from governments. Continue reading “Hundreds plead with government to save lives while those to blame beg for scrutiny”

Workplace bullying can exist in the boardroom

A most curious article about workplace bullying appeared in the Australian Financial Review (AFR) on 11 September 2013. In discussing recent changes to Australia’s Fair Work Act Nick Ruskin of K&L Gates wrote about the broad definition of workplace bullying to be applied:

“…the intriguing thing is that worker is very broadly defined. Its definition, reliant on the Workplace Health & Safety Act 2011, is so wide it could even include the director of a corporation.

In other words, non-executive directors of corporations will have the same ability as a traditional worker to take a bullying grievance to the Fair Work Commission.

We could see a situation in which a company director alleges they have been bullied by another director and seeks early intervention from the Commission.” (emphasis added)

Continue reading “Workplace bullying can exist in the boardroom”

Workplace bullying continues to be a hot topic in Australia

Tooma bullying 2013At the Safety Show this afternoon, prominent Australian labour lawyer, Michael Tooma, spoke bluntly and confrontingly about workplace bullying in front of several hundred trade show delegates. For those companies who value a safety culture or are trying to create one, Tooma stated that if work colleagues do not stand up to bullying or report bullying as the OHS issue it fundamentally is, they are condoning the bullying.

Tooma also applies the “duty of care” broadly and says that the application of the duty of care does not sit with one person or an organisation. Continue reading “Workplace bullying continues to be a hot topic in Australia”

One in three safety devices unfit to save lives

On September 3 2013 I will be on a panel in Sydney discussing issues associated with working at heights. Below is a media release (not yet available online) about the panel and some recent data on working at heights risks. The quotes are mine.

Inaction by policy makers is putting lives at risk and now, says a peak safety industry body, there are the numbers to prove it.

The Working At Heights Association (WAHA) will host a crisis summit on Tuesday at The Safety Show Sydney, where it will reveal that one in three roof anchors are unfit for use. Of the 3245 anchors audited by association members over the last three months, 2260 were deemed unusable.

Part of the problem, says WAHA secretary Gordon Cadzow, has been the lack of awareness of the number of inadequate safety systems on Australia’s rooftops.

Continue reading “One in three safety devices unfit to save lives”

MP wants to close a dodgy loophole but vision is what’s needed

One of the most discussed posts on this blog concerned an insurance company that paid the fines awarded against a company director. The company director had been found guilty of OHS breaches that led to the death of a worker. Yesterday, South Australia’s Deputy Premier and Minister for Industrial Relations. John Rau, said that he will be taking action to close the loophole that allows for this situation. But this is unlikely to succeed and may be a distraction from the more significant issue of new penalties for deterrence.

In a media release, not yet available online, Rau states that

“Insurance should not be the preference over safe equipment and safe workplace standards….

Whilst most employers do the right thing, this dodge effectively means that the incentive for a company to provide a safe environment for its workers is diminished or eliminated.”

Rau’s current strategy for closing this loophole, which is not really a legal loophole at all, is weak. Rau, a Labor Party politician, says that he will bring the matter to the attention of the Federal Minister for Workplace Relations, Bill Shorten. However, Australia is ten days away from an election that the current (Labor) government is tipped to lose.

Continue reading “MP wants to close a dodgy loophole but vision is what’s needed”

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