Category: business

New documentary of the politics of OHS regulation in the United States

Two years ago, Rachel Maddow in the United States reported on the performance of the Occupational Safety & Health Administration (OSHA) under President George W Bush revealed by the Washington Post.  Cavelight Films is in the process of completing a film, Cost of Construction, First video below) which looks at the big OSHA and political context as it relates to the safety performance on a major construction project in Las Vegas.

From the trailer above, and additional information available through the Cavelight website, the film  illustrates the dubious societal value of basic capitalist approaches to workplace safety. Continue reading “New documentary of the politics of OHS regulation in the United States”

Neglect by company directors found to have contributed to death of worker

It is always fascinating to hear of directors of companies being found personally guilty for workplace health and safety breaches because it seem to happen so rarely.

The latest instance in Australia occurred on 3 December 2010 following a 2007 death of a 22-year-old rigger named Luke Aaron Murrie.  Below is WorkSafe Western Australia‘s media release on the case.

“A Malaga hoist and crane company has been found guilty of failing to provide and maintain a safe workplace and, by that failure, causing the death of a worker.

Two Directors of the company were also found guilty of breaching a section of the Occupational Safety and Health Act dealing with offences that occur with the consent or connivance of a Director or are attributable to the neglect of the Director. Continue reading “Neglect by company directors found to have contributed to death of worker”

Election failure, missed opportunities on bullying

Within the last week, Victoria’s State Premier, John Brumby, lost an election allowing the conservative parties in the Australian State to gain power, narrowly, after over a decade in isolation.  Election pledges are now only of historic interest but let’s look at a couple.

The crime of workplace bullying

According to the Australian Financial Review on 2 November 2010 (not available without subscription), John Brumby pledged to have a legal review into the “creation of the offence of bullying under the Crimes Act”.  The Victorian Chamber of Commerce & Industry‘s (VECCI) Steven Wojtkiw opposed the pledge because existing OHS laws were sufficient.  Taking the election context away for a moment indicates a  challenge for those anti-bullying advocates.  Wojtkiw is quoted as saying

“To introduce a greater level of legislative prescription in the area may only add to the increasing complexities already being confronted by employers in managing a modern workplace.”

It could be argued that if industry had already introduced an appropriate approach to reducing the likelihood of bullying in the workplace John Brumby would never have felt the need to make such a pledge.  In many cases, anti-regulation laissez-faire business lobbyists could reduce the “insidious elements of the nanny state” by doing right by their workforce in the first place.

Bullying and harmonisation

Michael Tooma of Norton Rose is quoted in the same article but Tooma uses Brumby’s pledge as an example of another but different nail in the coffin of Federal OHS reform.   Continue reading “Election failure, missed opportunities on bullying”

Analysis of Montara oil spill reports begins

Legal analysis of the Montara oil spill inquiry reports have started to emerge.  One of the first is by Allens Arthur Robinson (AAR).  It does not discuss safety specifically but in many people’s minds Montara was not an occupational safety disaster as no one was injured.  To many the explosion has far more relevance as an environmental or process safety matter but considerable benefit can be gained by realising the Montara oil disaster was a substantial near-miss.

AAR looks at broader impacts of the Australian government’s response to the disaster.  AAR states that “we can expect to see moves by the Federal Government towards establishing a national regulator.”  Why should such a move only apply to offshore petroleum exploration?  If there is considerable administrative and regulatory advantages in a single petroleum exploration regulator, why not apply the same approach to the regulation of workplace safety? Continue reading “Analysis of Montara oil spill reports begins”

Consultation and issue resolution should be top OHS priorities

Labour law firms in many cities conduct free seminars on the legal issues of the day.  These may involve union right-of-entry, OHS changes, privacy or right-to-know.  The seminars are intended to generate custom by showing how informed and professional the legal firm is.  Commercially for the firm, the seminars are a good idea.  For safety consultants and small business operators, such seminars can be invaluable.

Recently in Melbourne, a prominent law firm, Freehills, conducted a breakfast seminar on “Tips on managing legal risk following a workplace incident” at which a short time was spent at the end discussing OHS harmonisation changes and the expected impacts of the legal changes on business.  (Off-blog I received an email about this matter only last night as it relates to schools.)  Freehills’ Senior Associate, Steve Bell, presented the following graph. Continue reading “Consultation and issue resolution should be top OHS priorities”

Controlling Christmas party risks is a year-round activity

Every year, around this time, law firms and OHS regulators release statements and good OHS advice about the risks of Christmas and end-of-year work parties.  But companies who wait until now to introduce control measures and policies for the risks of occupational violence, sexual harassment and reputational damage have, largely, missed the opportunity to effectively manage these risks.

The need to enforce safe behaviours at work functions is not a seasonal process but one that is integral to the establishment of a safe workplace culture the year round.  This is not to say that a friendly reminder is not useful but, if managed well, it should be nothing more than a reminder.

Of all the OHS advice for parties, Workplace Health & Safety Queensland is most succinct:

New safety culture diagnostic tool

Scandinavia has been the region of choice for many OHS and industrial relations reforms but now something has come from the other side of the world, New Zealand, which should excite OHS professionals.

The Department of Labour (DoL) has released a “self-help diagnostic tool” to identify safety culture.  The DoL Workplace Services Group Manager, Maarten Quivooy, says

“One of the best ways to improve a safety culture is to start measuring it. This tool gives businesses the guidance they need to understand what’s working well and where there is room for improvement…

“It can be used by any industry or business that is motivated to improve its health and safety performance. Ultimately it will help a business make a start diagnosing its culture and, most importantly, planning for change.  Building a better safety culture builds a better business.”

The basis of the tool is a short survey which includes 24 simple questions that will generate important discussions individually but could provide a fairly decent indication of a company’s safety culture if the workplace honestly completes it.  Continue reading “New safety culture diagnostic tool”

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