business – Page 193 – SafetyAtWorkBlog

Workplace bullying needs prompt and concise action to be effective

It is very important to treat media reports of bullying with a great deal of scepticism. An article in the Herald-Sun on 20 July 2010 is a good example of the collation of new and old information intended to generate alarm or outrage.

Werribee Secondary College has had several incidents of occupational violence and school violence. All schools will have bullying incidents of student to student but these can be minimised and controlled with effort, commitment and vision. Bullying between staff is different, although the controls are similar, and inhabits the different legislative context of OHS. WorkSafe Victoria has been involved with workplace bullying incidents in the education sector in the past.

The Herald-Sun builds on the myth that teachers have it easy because of the amount of leave that is scheduled. The current article entitled “Teacher seeks bullying payout” has a headline about workplace bullying but the article mixes up student bullying and workplace bullying as if they are the same issue but to different degrees and with different participants.

The Victorian Education Department has addressed the issue of workplace bullying to some extent. The department has several sites devoted to bullying issues and occupational violence but much of it refers back to policies and reactionary responses. Continue reading “Workplace bullying needs prompt and concise action to be effective”

Root Cause is always found in decisions not things

Australian unionists are justifiably angry at the death of a worker at the construction site of a desalination plant in South Australia last week. The worker was crushed when a beam slipped from a sling on a crane and crushed him. The soft sling was being used so that the beams would not be scratched according to one report in The Australian newspaper.

It is hard to understand the sacrificing of the safety provided by the standard practice of chains for the aesthetics of the beams.

The media attention on the death is increased due to the incident occurring on a desalination plant site as many oppose the use of desalination plants to ease Australia’s water shortages. Continue reading “Root Cause is always found in decisions not things”

OHS law reform should not rely on Courts for clarification

Since the early 1970’s OHS law has been “de-lawyer-fied”. The intention of the law is to empower workers and employers to manage safety in the workplace to meet basic human rights – the right not to be injured at work, the obligation not to hurt others. Good law allows for the basic legislative tenets to be readily understood. Poor law is difficult to understand and leads to increased business and personal costs in order to determine compliance.

I would argue that Australia’s recent aim of the national harmonisation of OHS laws will lead to complexity and cost – the opposite of what was intended – and a disempowerment of the workforce as the legal imperative overrides the safety management obligation. The major weakness in the law is its seeming reliance on the Courts to clarify the laws, their application and their relevance.

Legal commentators on the laws have stated publicly that the impact of the law will not be clear for several years and that many questions about the laws will only be answered when prosecutions are brought and the Courts hand down decisions. This process is sloppy, should not be accepted unquestionably by OHS professionals and does almost nothing to help the vast majority of Australian businesses to comply. Continue reading “OHS law reform should not rely on Courts for clarification”

BHP Billiton receives minimal OHS penalty – time for a new approach

Some time ago a penalty concept circulated in Australia where OHS penalties were implemented as a percentage of as company’s revenue or profit. The concept gained renewed topicality in mid-July 2010 as BHP Billiton was penalised $A75,000 after the death of a worker, Scott Rigg. (Video report available)

The fine seems paltry for a fatality and more so when the company’s OHS record is taken into account. As the video report states, BHP Billiton could have been penalised $A200,000 but even this is a relatively small fine for such a company.

The Australian Government has been willing to apply a 40% tax on the mining industry’s profits but is unlikely to apply a percentage penalty in relation to OHS. Continue reading “BHP Billiton receives minimal OHS penalty – time for a new approach”

Psychological advice on handling people that is broadly applicable

The latest edition of Lawyers Weekly includes an article ostensibly about managing bullies in the legal profession written by psychologist, Dr Chris Day. The article provides some general tips, though, that are useful to any of us who need to make decisions refreshingly she reflects two options that I offer to my OHS clients on safety matters that do not include bullying. Dr Day says that any problem can be solved by these actions

“Leave…

Change the situation…

Accept the situation…

Do nothing….”

Leave and change are included in the OHS Hierarchy of Control under different terminology. Doing nothing is advice that few OHS consultants will give but is a strategy that many small businesses apply. Their risk management strategy is to press their luck and in some cases this can work. Continue reading “Psychological advice on handling people that is broadly applicable”

Safety Cases must become a reality in the US

Some of the media, over the weekend, was critical of BP for not applying a Safety Case to the BP/Deepwater horizon oil rig. The Safety Case is an established method of assessing risk in high-hazard organisations and should have been applied. Whether such a technique would have made any difference is debatable as it is hypothetical.

Safety Case regimes have proven effective and are used as a default risk setting in many corporations but the story is not only one of a specific Safety Case missed opportunity. BP is an example of corporate hypocrisy that supports the cynicism of the community to large corporations whose actions do not reflect their commitment. Continue reading “Safety Cases must become a reality in the US”

Apprentice set on fire, bully gets $5k penalty

Most of the Australian media covered the prosecution of the latest of three young men who set fire to a work colleague during their apprenticeships.

As the case was heard in a Magistrates’ Court, the only sources of information on the case are a couple of original media reports and the statement from WorkSafe Victoria which says:

“Matthew Lever, 23, was the third apprentice to be prosecuted after a January 2008 incident where three apprentice mechanics ignited brake-cleaning fluid which they sprayed on another apprentice….

The Ringwood Magistrates’ court today [1 July 2010] convicted Matthew Lever on three charges under the Occupational Health and Safety Act and fined him $5,000. The two other apprentices were convicted on health and safety charges in December 2008, and also fined $5,000 each.” [link added]

WorkSafe says it is “currently investigating a similar incident which occurred in Dandenong in March, where two apprentice mechanics suffered burn injuries after allegedly igniting brake fluid.” Continue reading “Apprentice set on fire, bully gets $5k penalty”

Category: business

Workplace bullying needs prompt and concise action to be effective

Like this:

Root Cause is always found in decisions not things

Like this:

OHS law reform should not rely on Courts for clarification

Like this:

BHP Billiton receives minimal OHS penalty – time for a new approach

Like this:

Psychological advice on handling people that is broadly applicable

Like this:

Safety Cases must become a reality in the US

Like this:

Apprentice set on fire, bully gets $5k penalty

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: