Category: business

Australian OHS experts call for a single OHS regulator and a unified insurance system

Some of Australia’s top work health and safety experts have stressed, to Safe Work Australia, the need for a single national OHS regulator.  Many also called for a radical overhaul of workers’ compensation and insurance structures to achieve a combined insurance/compensation similar to that of New Zealand, the Accident Compensation Commission (ACC).

These calls were made in a  whole day workshop, conducted by Safe Work Australia on 30 August 2011, on the development of the next ten-year national OHS strategy.  This was the latest of around ten consultative sessions whose notes will be summarised and posted online.  The notes from an earlier seminar list the following discussion topics:

  • “The need to focus on work health and safety prevention.
  • Engagement with target groups and industries to ensure advice and support is relevant to enable them to effectively respond to hazards.
  • Engineering hazards out through good design.
  • Influencing the supply chain inside and outside Australia.
  • Prioritising key work health and safety hazards and focusing national attention.
  • Creating opportunities for innovation in work health and safety particularly within the regulatory framework.
  • Enhancing the culture of safety leadership (promoting highly reliable organisations).
  • The importance of safety culture.
  • Enhancing the capability of workers to return to work following accident or illness.
  • Influencing or assisting academia to undertake research – focusing on intervention effectiveness.
  • Developing a shared communication strategy to promote the new principles of the new Strategy.”

These echo many of the comments in today’s seminar and illustrate what was a major missed opportunity.  The theme of today’s workshop was to imagine what OHS (or work health and safety or work health safety & environment, as some suggested) will be like in 2022 but there were few futuristic suggestions.  This was the opportunity to extend some of the practices currently undertaken by ten years. Continue reading “Australian OHS experts call for a single OHS regulator and a unified insurance system”

Santos slapped with stale celery over near-miss

More often than not people are disappointed by the sentences handed out by Courts on OHS breaches.  Even with sentencing guidelines, the ultimate decision rests with the judgement of the Court.  Today’s $A84,000 fine against Santos Ltd appears low considering that the incident had the potential to be catastrophic and the company has just  reported “half-year profit up 155% to $504 million”. (ABC News provides a good pocket description of the incident with The Age discusses the corporate impact at the time)

The 2004 incident involved a near miss but a near miss that was just a second away from a catastrophe.  The fact that no one was directly injured has been mentioned in many media reports but not being injured is not the same as not being affected.  Industrial Magistrate Ardlie’s decision records that some employees had to run through the gas cloud to reach the muster point.  Some had difficulty breathing.  One worker was knocked off his feet by the blast and had the fireball travel over him burning the exposed parts of his body.

Dr John Edwards of Flinders University is quoted in Industrial Magistrate Ardlie’s decision that, without prompt evacuation, “the exposure dose [to hydrocarbons] could have been considerable and life-threatening”. Continue reading “Santos slapped with stale celery over near-miss”

Concerns increase as Australia’s OHS law changes loom

Conference organisers IQPC started its two-day Safety in Design, Engineering and Construction conference on 16 August 2011.  The most prominent speaker on day one was Barry Sherriff of law firm, Norton Rose.  Sherriff spoke about OHS harmonisation‘s impact on the Australian construction industry.

Over time Australian labour lawyers generally have moved from saying that Victorian companies have little to worry about from the new laws expected on 1 January 2012 to quite alarming suggestions of challenges to do with contractor management and consultation.  Part of this modification of advice may be due to the increased analysis of company OHS systems.  Sherriff said that he has been surprised how many companies ask for advice about compliance under the new laws and yet are not complying under the existing OHS laws.

On the issue of consultation, Sherriff identified the “coordination of activities” and managing the “flow of information” as a critical element in the new OHS model laws.  But he stressed that such obligations have existed in OHS laws in many Australian States for sometime but are now more overtly stated. Continue reading “Concerns increase as Australia’s OHS law changes loom”

Politics slows the safety regulation process in Australian oilfields

On 8 August 2011, the Australian Financial Review (not available online) reported on a letter from the head of the National Offshore Petroleum Safety Agency (NOPSA), John Clegg, that criticised the Western Australian government’s regulatory regime for offshore petroleum exploration.  The crux of the letter was that WA does not require energy companies to develop a “safety case” for their offshore operations.

The letter referred specifically to the Varanus Island pipeline explosion under the control of Apache Corporation.  The AFR paraphrased the letter:

“…Clegg said….that given WA legislation at the time of the Varanus Explosion it was “doubtful” that Apache Corporation, the US operator of Varanus, had any obligation to adhere to a “safety case”, the crucial tool for management of oil and gas field safety.”

The “safety case” requirement for complex processing industries originated after the inquiry into the Piper Alpha disaster of 1988 and has become a default safety management process in many jurisdictions around the world. (UK’s Health & Safety Executive has some excellent background resources on this)

The political arguments between State and Federal jurisdictions will be a major impediment to safety reforms in this industry sector – a tension to which few in the Eastern Australian States may give adequate attention.  The tension echoes the continuing conflict over OHS harmonisation laws. Continue reading “Politics slows the safety regulation process in Australian oilfields”

Prompt investigation is essential to prevent injuries

Injuries at work are often dismissed as Report Only or other category that does not require an investigation.  But all incidents should be investigated and promptly.  A recent prosecution of a tuna company in South Australia illustrates this point well.

SafeWorkSA’s media release provides basic details:

“On the 23rd of January, a male employee suffered deep lacerations to his right index finger while attempting to clear a blockage of cardboard in a caser machine, which seals cardboard boxes.

On the 11th of February, a female employee suffered a serious hand injury when trapped by moving parts in the same unguarded opening of the same machine.

The male worker recovered from his injuries quickly, and but the female worker sustained serious bone, nerve and tendon damage, that left her right hand permanently impaired.”

The court was told that the investigation into the first incident was poor.  In fact the Industrial Magistrate, Stephen Lieschke, described it as “incompetent”. Continue reading “Prompt investigation is essential to prevent injuries”

Governments need to coordinate resources for small business OHS needs

This August the Victorian Government is conducting a month-long event the Small Business Festival.  The Festival is run by the Department of Business and Innovation and promises to

“…provide attendees with the essential inspiration, skills and information to start, build and run a business.”

Occupational health and safety does not feature.  WorkSafe Victoria, the state OHS regulator whose mission is

“Working with the community to deliver outstanding workplace safety, together with quality care and insurance protection to workers and employers.”

WorkSafe operates a small business support service.  It produces guidance material on workplace safety targeted to the small business sector.  In its own WorkSafe Week, it provides presentations to medium-sized businesses but it is not participating in a Small Business Festival organised by one of its colleagues in the State Government. Continue reading “Governments need to coordinate resources for small business OHS needs”

Business groups have different stances on harmonisation issues

The politics of the Australian print media may be illustrated by an article in The Australian Financial Review (AFR) (only available through subscription or hard copy) on 27 July 2011 that, essential contrasts yesterday’s article in The Australian.

Today’s AFR article places the Australian Industry Group (AiGroup) and the Business Council of Australia (BCA) in contrast to the ACCI and the NSW Minerals Council over the implementation timetable on OHS harmonisation.  Mark Goodsell of AiGroup said in the AFR that all parties have been able to voice their concerns throughout this three year review process:

“So we would be very disappointed if there was a fracturing of commitment to harmonisation or if the timetable was pushed out.”

The objection to an extension of time places AiGroup in opposition to the WA Government’s Commerce Minister Simon O’Brien. Continue reading “Business groups have different stances on harmonisation issues”

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