Harmonisation timetable stoush

The Australian newspaper has reported serious threats to the Australian Government’s timetable for the harmonisation of OHS laws.  A threat to the government’s strategy was always possible from the fact that State government’s were likely to change from predominantly Labor Party States to Conservative parties over the period of harmonisation.  The Australian says that the threat is becoming a reality.

Western Australia, an unhappy participant in harmonisation, has begun questioning the deadline of 1 January 2012 for the introduction of harmonised OHS laws.  The WA government has been a consistent critic of some of the element s of the process but, to some extent, the latest statement from West Australia’s Commerce Minister Simon O’Brien could be interpreted as a willingness to sign up to the changes if more time for implementation is granted.

O’Brien and the WA government may be receiving some support from political colleagues in Victoria going by the comments from the Victorian Government.  In an almost unique acknowledgement of the harmonisation process a spokesperson said:

“The focus of developing a national OHS framework should be not on harmonisation for harmonisation’s sake, but rather on achieving beneficial outcomes, both for the nation as well as Victoria…..In addition, any harmonised national OHS framework must not result in increased compliance costs and more onerous regulations.”

The mention of national interest aligns well with WA’s objections. Continue reading “Harmonisation timetable stoush”

Fatigue dispute illustrates ideological clash

The Australian newspaper reports today (26 July 2011) of a clash between the Construction Forestry Mining & Energy Union (CFMEU) and BHP Billiton over fatigue management.  Fatigue management is one of the workplace hazards scheduled for a draft code of practice under the OHS harmonisation process.

The CFMEU believes that the current mining-related guidance  is inadequate.

“The Construction Forestry Mining and Energy Union says the government buckled under industry pressure and abandoned plans for binding industry standards that would minimise the risk of workers doing successive 12-hour shifts and then driving long distances on public roads.”

The flaw in the CFMEU’s campaign is that it has been selective in its choice of fatigue documentation.  Looking at the industry sector rather than the hazard or risk limits the hazard control options.  In the current case the CFMEU is not acknowledging many of the fatigue guidancesand documents that are available from Workplace Health and Safety Queensland or from some of the other States and even from overseas as this Safe Work Australia document from 2006 shows.

In fact the narrow selection of guidance in this instance makes a strong case for greater collaboration in the development of information across industry sectors and State jurisdictions – one of the aims of harmonisation. Continue reading “Fatigue dispute illustrates ideological clash”

Academic clarifies objections to sex work

Caroline Norma of RMIT University responded to some questions about sex work and brothel safety put to her by SafetyAtWorkBlog in response to her recently published opinion piece.  This article is a companion piece to an earlier SafetyAtWorkBlog article on sex work and safety.

SAWB: What action do you recommend that brothel owners should take, beyond the current legislative and licensing requirements, to ensure that only safe sex occurs on their premises?

CN: “Brothel owners are currently commissioning violence against women by operating prostitution businesses.  Prostitution is inherently a practice of violence against women, and can’t be made ‘safe’ for women by any action by pimps.  In fact, brothel owners have a financial conflict of interest with regards to ensuring the safety of women in their venues, because clients will pay more for unprotected sex acts, violent sex, body punishing sex acts like anal penetration, sex with younger women, etc.” Continue reading “Academic clarifies objections to sex work”

Brothel safety gains new media attention

The occupational health and safety of sex workers is one of the most difficult areas to write about as the industry is politically and ideologically charged with matters of feminist ideology, human rights and sex trafficking, religious morality and NIMBY lobbying.  In such an environment, it is important that the OHS needs of sex workers not be forgotten.

On 13 July 2011, The Age newspaper reported on the threat of legal action by one sex workers on a Victorian licensed brothel, Butterflys of Blackburn.  The article raised many OHS issues for the brothel industry.  In short, the article reports that a sex worker is suing the brothel because the brothel, allegedly, established an expectation that the sex workers would allow unprotected sex, sexual acts without a condom or other protection, an offence under Victorian law.  This particular sex worker’s experience in Butterflys of Blackburn was that, when refusing unprotected sex to a client, the client assaulted her, attempted to rape her and threatened her with a gun.

The Age reports that the woman “has since been diagnosed with post traumatic stress disorder, whiplash in her neck and a torn muscle in her shoulder.”  The worker is already receiving workers’ compensation and is pursuing compensation for permanent impairment.  Her plans for suing the brothel relate to the accusation that the brothel failed to provide a safe workplace. Continue reading “Brothel safety gains new media attention”

“unsafe” work images in the Adelaide Advertiser

Recently SafetyAtWorkBlog pointed out several instances of the media showing unsafe work practices in images to support, often, unrelated articles.  These types of photos are starting to gain the attention of OHS regulators in Australia.

On 13 July 2011, the Adelaide Advertiser published the picture in support of a sports article about a soccer and cricket player.

Jimmy Okello works as a forklift driver at FrigeIt Logistics in Woodville North, which allows him to spend his leisure time pursuing his passions, cricket and soccer. Picture: Simon Cross

Forklifts are a regular cause of workplace fatalities and standing at height on the tines of a forklift is a serious matter, even when the vehicle is not moving.   Continue reading ““unsafe” work images in the Adelaide Advertiser”

The European experience with economic incentives for OHS improvements

Last decade the New South Wales government operated a “premium discount scheme” intended to reinvest workers’ compensation funds into preventative safety measures and programs.  Other OHS jurisdictions had a similar authority but chose not to apply it.  Since then economic safety incentives have not been on the political agenda. 

However this is not the case in other parts of the world.  In 2010, the European Agency of Safety and Health at Work undertook a review of economic incentives (“Economic incentives to improve occupational safety and health: a review from the European perspective”).  Those findings may be worth considering in light of some of the political changes on incentives in other areas of public policy, such as carbon taxes.

From outside the European Union, the comparative charts of member schemes are of less interest than the literature review and report conclusions.  The incentives that the report says have some positive benefits include

WorkSafe media director, Bernie Dean, talks about the new awards strategy

SafetyAtWorkBlog has been vocal on the need for Australia OHS awards to be reinvigorated, freshened up and re-booted.  WorkSafe Victoria launched a new interactive approach to its State awards several months ago with the intention of engaging the community and trying to maintain a momentum for the award process throughout the year.

In an exclusive interview in July 2011, WorkSafe Victoria’s Director of Communications, Bernie Dean, told SafetyAtWorkBlog that changes to the award process was essential because, amongst other reasons, there was a slow steady decline in the number of applications and a fall in the number of suitable applications.  He acknowledged that some of the extensions of application deadlines in previous years have been due to insufficient numbers of applications.  He also said that the assessment or judging process had become overly long and bureaucratic but having applications available throughout the year should help. Continue reading “WorkSafe media director, Bernie Dean, talks about the new awards strategy”

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