business – Page 198 – SafetyAtWorkBlog

Only an OHS expert can deal with the problem

Occupational health and safety(OHS) is supposed to be a skill that anyone can obtain and apply but it is often complicated by experts. This is not to say that OHS is “common sense”. The notion of common sense is a nonsense.

Several years ago, Laurie Anderson performed in Melbourne, Australia. Her show was “Homeland” and the song that I most remember from her performance was “Only an expert“. There is a wisdom in the song that remains as topical as much now as it did when I heard it at the start of the international banking crisis and the US home lending crash. Anderson has been able to update the lyrics of the song to include the BP Gulf of Mexico oil spill.

Only vampires work nightshift

For several years now evidence has been growing that nightshift is unhealthy. Nightshift and other shiftwork can produce digestive problems, fatigue and impairment, increased breast cancer risks……. OHS and workplace experts seem to avoid the question “should nightshift be allowed?”

Recently, a senior executive met with nightshift staff in a remote branch office. The nightshift work was office- and computer-based. The executive described nightshift as a “lifestyle choice”. This comment infuriated some of the more placid employees to speak up and take the executive to task. Their point was that the job has deadline constraints that have existed for well over twenty years but this does not mean that any of the employees would not jump at the chance of undertaking the same tasks in daylight. Could the nightshift tasks be undertaken in daylight, in a new shift arrangement and still meet the client’s information needs? The question had not been asked and, as a result, nightshift became the unquestioned status quo. Status quo meant that any health hazards associated with the work were similarly seen as unchangeable and therefore not worth assessing. Continue reading “Only vampires work nightshift”

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”

Category: business

Only an OHS expert can deal with the problem

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Only vampires work nightshift

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Workplace bullying needs prompt and concise action to be effective

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Root Cause is always found in decisions not things

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OHS law reform should not rely on Courts for clarification

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

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Psychological advice on handling people that is broadly applicable

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