Category: business

Australian business is outraged over OHS changes but is it all piss and wind?

Australian business groups have written an open letter to the New South Wales Government protesting about the decision to continue with some OHS processes specific to New South Wales regardless of previous commitments to support the harmonisation of OHS laws.  As the letter was published as an advertisement  (Page 6 of  The Australian on 20 October 2010), it is not readily available online but the letter needs a little bit of deconstruction to better understand the politics and ideologies behind the letter and the business associations.

The letter says Australian industry signed on to the national harmonisation process because of the need for an effective way of improving safety, fair legal processes and national consistency.  Yes, to some extent but more often industry groups have been calling for a reduction of red tape for the purpose of reducing administrative costs.  Reducing the injuries and fatalities of workers is not the same as “improving the safety of Australia’s workplaces”.

The ideological gap is shown in the argument against the national imposition of “reverse onus of proof”.  The letter uses Victoria as an example of a jurisdiction without the reverse onus of proof and says

“Victoria, which was used as the model for the new national laws and which does not have union prosecutions or reverse onus, has between 30% and 50% better safety outcomes than NSW depending on the measurement used“. (my emphasis)

What is a “better safety outcome”?  Less deaths?  Less cost to business?  Is it fair to compare NSW to Victoria?  And can the variation in “safety outcomes” be directly related to reverse onus of proof?   Continue reading “Australian business is outraged over OHS changes but is it all piss and wind?”

Computer simulations of quad bike risks do not reflect reality

Guest contributor David Robertson discusses the  differences between risk simulations and real risk data in relation to quad bike safety:

“The motion picture blockbuster “Avatar”, for the time we are in the cinema, would have us believe that Sam Worthington can turn into a giant blue man on a faraway planet.  James Cameron used computers to deliver us this illusion. In science (and particularly with safety) we must be able to distinguish between computers that are valuable tools and computers that don’t represent reality.  Dynamic Research, Inc.(DRI) chose 113 actual quad bike (ATV) accidents to simulate in a computer model.

The first table below shows the injuries DRI record as what really happened from all the 113 cases, but represented as approximate normalized injury cost (ANIC)*.   When DRI’s computer runs the same cases, one would expect a similar result.  The results are shown in the second table (ANIC), note the scale on the left has had to be changed (table 2 should be about 10 times taller if the same scale in table 1 was used) because head injuries rose from 360 points to well over 3000. Equally astonishingly is that abdomen injuries have vanished altogether and chest injuries dropped from 266 to a next to nothing (23). Asphyxiation was not even included in the computer model. Continue reading “Computer simulations of quad bike risks do not reflect reality”

Harmonious fragility or fragile harmony – OHS and politics in Australia

Less than 24 hours after mentioning the fragility of Australia’s OHS harmonisation process, confirmation comes from an unexpected source, Kristina Keneally, Premier of New South Wales (pictured right).  It would seem that Keneally’s decision to change her stance on OHS is more to do with a general package of industrial relations and, union-friendly, reforms, as reported in the Brisbane Times on 14 October 2010  (video available HERE). Yet she has stated that

“”We will not therefore introduce the model OHS legislation as it is currently drafted.”

The media has been quick of highlighting this new tension between State and Federal agendas.  Prime Minister Julia Gillard was asked about Keneally’s statements and responded:

“….I think the Keneally Government should honour the agreement it made. It had an extensive period of time to raise issues of concern – and indeed it did, through its Minister at the Workplace Relations Ministerial Council table. Issues were raised, issues were discussed. When you are reaching uniform laws, it is obvious that states and territories come with different perspectives. They’ve got their own laws. If no-one moves then you never get national uniformity.

So, yes, New South Wales raised issues along the way, but it accepted the outcomes and it signed the deal. We require the deal to be delivered.” Continue reading “Harmonious fragility or fragile harmony – OHS and politics in Australia”

Small business OHS seems to be stalled

OHS research into why the small business sector does not “get” safety has been occurring in Australia for over ten years with some of the most useful being undertaken by Dr Claire Mayhew.  But the challenge, or problem, persists.

On 4 October 2010, WorkSafe Victoria released some information about an OHS blitz by inspectors on small businesses in Mildura, a rural town in the extreme northwest of Victoria.  In some ways, the tone of the media statement is a little defeatist or, at least, exasperated.

“Although we wrote to the businesses and told them we would be visiting, we still had to pull them up on a high number of health and safety issues,” Manufacturing and Logistics Director Ross Pilkington said.  “In many cases, the safety solutions were straightforward.” Continue reading “Small business OHS seems to be stalled”

Radio National OHS program

On 21 September 2010, Radio Australia’s regular program Australia Talks conducted a live interview concerning occupational safety and health.

For those who have been listening to the show for some time would have been surprised that the program covered much of the same old OHS ground.  Similar statistics, similar questions of what are the most dangerous occupations, similar assumptions and the same misunderstanding that discussions about OHS law are the same as discussions on safety management. Continue reading “Radio National OHS program”

Never admitting guilt is contrary to OHS principles

Many companies plead guilty to breaches of OHS legislation but remain convinced that they have done nothing wrong.

Employers have been constantly frustrated by never being sure that they are complying with OHS law because compliance is now a very grey area and one that  few people are brave enough to say has been achieved.  So it is no surprise when an employer responds to a workplace incident by saying “I’ve done nothing wrong”.  In their experience this statement is true but if they had a basic understanding of safety and OHS law (two very different things), they would know that if an incident occurs something must have gone wrong. Continue reading “Never admitting guilt is contrary to OHS principles”

Company pleads guilty over insulation installer death

In June 2010, Arrow Property Maintenance Pty Ltd was charged with failing to conduct its business or undertaking in a way that was electrically safe, after, accoridng to one media report:

“[A] 16-year-old boy was electrocuted while installing fibreglass insulation in the ceiling of a home at Stanwell, west of Rockhampton, on November 18, 2009.”

On 14 September 2010, Queensland Industrial Magistrate John McGrath heard the company plead guilty.   Continue reading “Company pleads guilty over insulation installer death”

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