Category: business

Insider’s perspective on workers’ compensation harmony process

Dr Mary Wyatt is an expert on the return-to-work sector in Australia.  She was one of several expert speakers at the harmonisation conference in Melbourne at the end of March 2010.  Her presentation is available online.

Dr Wyatt spoke from a national perspective and has said:

“The data we have tells us compensation system (sic) are not producing good results. Employees with a compensable condition have poorer outcomes than those who have the same condition in a non compensation situation. For example, those who have surgery have four times the odds of a poor outcome when the condition is compensable.” Continue reading “Insider’s perspective on workers’ compensation harmony process”

Employees’ OHS responsibility and working beyond the maximum hours

One of the most powerful motivators for behavioural change in workplaces is the legislative obligation on employees to not put themselves at risk of injury nor to act in such a way as to place others at risk.

Reported in the Australian media on 31 March 2010, Fair Work Australia has ruled that employees in the fruit-picking industry may volunteer for work beyond the standard 38-hour week without receiving penalty rates or overtime.  The union movement is understandably concerned about how this financially disadvantages workers and how this ruling may spread beyond the fruit-picking industry.

The ruling allows fruit-pickers to choose to work beyond their regular shifts.  Will they be able to work safely?  Will they not be fatigued?  Will they have sufficient daylight to undertake the tasks safely?  Will there be sufficient downtime for workers to recover from a long work day and be fit for work?  Could the workers’ choice to undertake additional fruit-picking tasks be a breach of their OHS obligations to look after their own safety, health and welfare?

The employees may choose to ignore their own occupational health for the sake of additional dollars but should they then be eligible for workers’ compensation if the effects of those longer hours are found to have contributed to an injury or illness? Continue reading “Employees’ OHS responsibility and working beyond the maximum hours”

Can OHS achieve “practical wisdom”?

Continuing SafetyAtWorkBlog’s belief that the best advice on workplace safety often comes from people outside the OHS discipline, Professor Barry Schwartz of Swarthmore College was interviewed in the Australian Financial Review on 30 March 2010 (only available by subscription).  Schwartz was talking about the social and regulatory impact of the global financial crisis but his take on the obeying of, and dominance of, rules seems equally applicable in OHS.

“Schwartz says the common response to crises…..is to reach for more regulation.  But the problem is that these people who run these banks are smarter than any set of rules we can come up with.  So what will happen is that [the rule] will work for a while, and then people will find a way to subvert them.”

He goes on:

“I think a lot of the trouble that we have is that you’ve got these people who run institutions, the CEOs, make speeches about how ethical they are and they may even mean it, but the people who are actually making the day-to-day decisions know that unless they make their targets, they are going to lose their jobs. Continue reading “Can OHS achieve “practical wisdom”?”

OHS lawyers see opportunities in harmonisation of laws

The current edition of Lawyers Weekly includes some thoughts from Australian lawyers on the impact of the harmonisation of Australia’s OHS laws. 

Michael Tooma of Norton Rose believes that the new positive duty of officers has sparked interest in improving corporate governance.

Graeme Smith of Freehills has seen an improved recognition of lawyers’ roles in developing commercial contracts.  He also sees OHS as being better accepted as an element of risk management.  According to the article entitled “OHS shrugs off the GFC”, Smith believes

“…national harmonisation will raise the profile of OHS, and in the long-term, OHS will find itself established as a discrete but integral aspect of corporate governance, compliance and risk management…”

He sees this as a golden opportunity for lawyers.   OHS law seems now to be dependent on lawyers where, before, it used to be a law that workers, managers and the layperson could read, understand and implement.  Safety professionals need to use legal experts when required but should have the confidence to manage safety through the harmonised framework first.  Crucial to whether the lawyers dominate will be the quality of guidance provided by OHS regulators and the authority of the voices of the OHS profession.

Kevin Jones

OHS exhibitions in Australia

Australia seems to have more OHS conference now than ever before.  The growth in annual conferences seems odd in a country with such a small comparative population but perhaps because the population is spread so much and there is such a strong resource sector, perhaps it is understandable.

SafetyAtWorkBlog put some questions about the phenomenon to Marie Kinsella, the Managing Director of Australian Exhibitions & Conferences, a major provider of these conferences and trade exhibitions in Australia.  Some of her responses are below.

Has the recent global finance crisis made it more difficult for AEC to attract stallholders?

“The shows’ exhibitors have not been immune from the GFC, particularly those with international head offices, Continue reading “OHS exhibitions in Australia”

Unprecedented interest in workplace bullying

On 25 March 2010, at the first of ten workplace bullying information seminars, WorkSafe Victoria, claimed to have a world-class approach to combating workplace bullying.  The Europeans may dispute the claim but there is no doubt that WorkSafe is on the right path in responding to the unprecedented community interest in the issue.

In a packed hall in the City of Melbourne, Trevor Martin, WorkSafe’s Strategic Programs Director, acknowledged the considerable media interest in the hazard over the last few years, and particularly since the prosecution of four men in associated with bullying at Cafe Vamp.  Martin said that WorkSafe’s advisory help line has been receiving more that 40 calls per day on bullying and harassment issues and that

“In February [2010] 560 calls were received …… 10%, 56 cases made it through to the dedicated unit for further work to be done.  That is an astonishing number of calls to WorkSafe on a single issue.” Continue reading “Unprecedented interest in workplace bullying”

Government can do much better on level crossing safety

The Victorian Government is likely to say the Auditor-General’s report into “Management of Safety Risks at Level Crossings“, released on 24 March 2010, supports the government’s initiatives.  This is true but the report says much more than just describing the State Government’s efforts as “satisfactory”.  (If my child’s report card said satisfactory, I would be talking to the teacher about why the performance was only “satisfactory”)

The report summary says the following:

“The rate of progress in improving safety and reducing accidents has been satisfactory.  There are, however, elements of the risk management framework and its application that can be improved.”
These elements are specified as
  • “improving how the committee is informed of the views of the rail managers, who run train services and maintain the infrastructure, about their risks and priorities
  • assembling information that will allow the committee to effectively manage and monitor the delivery of the Towards Zero strategy
  • improving the understanding of what causes level crossing collisions.” [link added]

Clearly the Parliamentary committee is not getting the full risk story from the rail managers. Continue reading “Government can do much better on level crossing safety”

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