business – Page 221 – SafetyAtWorkBlog

H1N1 and facemasks

Swine flu cases have begun appearing in Australia and not just in people who have travelled to infected zones overseas. Talkback radio has begun discussing the wisdom of basic infection control issues such as isolation, hygiene and the use of facemasks.

Many large companies have started to provide antibacterial soaps and lotions in the office bathrooms and toilets but few have begun to issue guidelines on staff leave. However as the flu season grows in Australia, it is expected that the tolerance to sniffles by workmates will diminish. SafetyAtWorkBlog has already written about how swine flu will change the culture of workplaces.

The media has plenty of photos of people in infected zones wearing surgical masks or P2 and N95 masks. This indicates that non-health workers do not appreciate the role of facemasks. According to authorities in Japan, where the the wearing of masks during infection peaks and outbreaks is a very common practice, masks are best worn by those who are infected to minimise droplets and spray rather than for healthy people to stop the chance of inhalation.

The government is recommending people use masks as a way of reducing the spread of infection via droplets from coughs and sneezes, but puts the onus on those who are already infected.

“If you start to cough or sneeze, please use a mask,” reads an advice section on the Health Ministry’s website. “If someone in your family or at your workplace is coughing without a mask on, please urge them to wear one.”

An official at the ministry emphasised the government was only recommending those with symptoms wear masks.

“Unless you are in a very crowded place, masks are not going to help much with prevention,” he said. “We are not saying that people should always wear a mask when you go out, although it might help to wear one on a rush-hour train.”

“We are certainly not saying that you’ll be safe if you just put on a mask.”

If the situation worsens to the extent that Australians need to wear PPE as a barrier to infection, the government needs to begin a campaign of not only educating the community on influenza risks but on basic matters like how to wear a mask and how to safely dispose of them.

Although Japanese authorities are quoted above, you are urged to seek local advice for your specific circumstances.

Kevin Jones

The OHS recommendations the Australian Government rejected

According to the Communiqué of the Workplace Relations Ministers’ Council on 18 May 2009, the following issues should be considered when drafting the new OHS legislation

“Application of the primary duty of care to any person conducting a business or undertaking

The panel recommends that the primary duty of care should be owed by any person conducting a business or undertaking. The objective of this recommendation is to move away from the traditional emphasis on the employment relationship as the determiner of the primary duty, to provide greater health and safety protection for all persons involved in, or affected by, work activity. Care needs to be taken during drafting to ensure that the scope of the duty is limited to matters of occupational health and safety and does not further extend into areas of public safety that are not related to the workplace activity. “

The first part of this is recognition of the variety of workplaces Australia now has, the number of people within worksites who are not employees and the previous issues of OHS and unpaid volunteers. It seems to expand to matters of public liability but then, curiously, pulls back to emphasise occupational health and safety. As Michael Tooma has noted, circumstances seem to have passed beyond the arbitrariness of the occupational categorisation. Continue reading “The OHS recommendations the Australian Government rejected”

Radio interview on harmonisation of OHS law

Last week, I had the pleasure of being interviewed byElanor McInerney of the 3CR radio program, Stick Together. The interview concerned the harmonisation law in Australia and my thoughts on the risks and impacts it would have on Australian business and workers.

The radio program is now available as a podcast (My part is around the 19 minute mark.)

Please let me know if I am totally off the beam with my applications of the OHS laws and the political issues.

I thank Elanor and the producers of Stick Together for making this available so soon after the broadcast on 17 May 2009.

Kevin Jones

“Homecomings” safety ads reach the US

As mentioned last month in SafetyAtWorkBlog, the Victoria-designed “Homecomings” advertisements are to be launched on United States television. The Department of Labor & Industries for Washington State announced the ads on 19 May 2009. According to the DL&I media release

“These ads are particularly effective at bringing home the importance of safety in the workplace and the effects it can have on so many people,” said Don Brunell, president of the Association of Washington Business. “When an accident happens at work, it affects everyone – family, friends and co-workers.”

One ad is available for viewing at http://www.lni.wa.gov/main/worksafe/

[It looks like parts needed to be re-filmed to show left-hand drive vehicles and obviously the music rights for Dido’s song couldn’t apply in the US]

Kevin Jones

More last minute lobbying but with compromise

The Business Council of Australia is the latest employer group to actively lobby Australian industrial relations ministers over harmonised OHS laws on the eve of the crucial Workplace Relations Ministers’ Council (WRMC) meeting. BCA’s CEO Kate Lahey is reported in today’s Age newspaper as saying that the rejection of OHS law reform would say to investors that the States were not interested.

The Mineral Council of Australia has stated in the same article that

“… a uniform OHS act will enable all businesses to focus on improving health and safety outcomes…”

Outcomes can be many things but much of the commentary over the last week seems to misunderstand the aims of the government’s review. As I tried to emphasise on an interview on 17 May 2009 on radio 3CR, it was a review of OHS law not OHS management. Satisfactory levels of safety have already been achievable under existing OHS law. A change of law does not equate to a change of approach or commitment.

The chance of the OHS reforms not going through was weakened on the weekend when the New South Wales Industrial Relations Minister, Joe Tripodi,

“signalled a compromise on the absolute duty of care that requires employers to prove a workplace is safe…”

New South Wales was the crucial sticking point in national negotiations and and the minister’s compromise is likely to be that the reverse onus only applies to corporations and that individuals be exempt.

If the WRMC decides to follow the National OHS Model Law Review Panel reports, OHS Law will be streamlined for lawyers, the Courts and OHS regulators. This will benefit those businesses that operate across State borders but it will make little difference to the vast majority of workplaces in Australia.

The recommendations of the Reports were not that radical. The recommendations were, as expected, a copy of the Victorian OHS Act with bits added. In fact, some lawyers question whether the OHS Model Law Review was really necessary given the bland predictable outcomes.

Many were wishing for an OHS revolution like that achieved by Lord Robens in the 1970s. The fact is that the review was given limited resources and limited time to reach a conclusion. The recommendations seem to be acceptable to the government and unsurprising.

The main game in Australian politics at the moment is industrial relations. Any OHS changes will best understood through analysis of their IR implications.

Kevin Jones

WorkHealth concerns increase

Victoria’s WorkHealth program is due to roll-out its next stage of worker health assessments. However, the program has been seriously curtailed by the failure of its funding model. According to The Age newspaper on 18 may 2009, employer associations have begun to withdraw their support compounding the embarrassment to the Premier, John Brumby, who lauded the program in March 2008.

The Master Builders Association will not be supporting the program due to WorkHealth’s connection with WorkSafe. The Victorian Automobile Chamber of Commerce (VACC) thinks likewise. There are concerns over the privacy of worker health records and that data from health checks may affect worker’s compensation arrangements or future claims.

The VACC is also concerned that employers will be blamed for issues over which they have little control – the health of their workers.

Many of these concerns could have been addressed by locating WorkHealth in the Department of Health, where health promotion already has a strong role and presence. It is understood that the funding of WorkHealth from workers compensation premium returns on investment caused the program to reside within the Victorian WorkCover Authority. There has also been the suggestion that WorkHealth was a pet program of the WorkCover board.

The program aims of free health checks for all Victorian workers was admirable and still achievable but the program was poorly introduced, poorly explained, based on a flawed funding model and now seems to be, if not dead, coughing up blood.

Kevin Jones

Peculiar OHS lobbying continues

Just as earlier this week the union movement devoted resources to pressure the government over OHS laws at the Workplace Relations Ministers Council (WRMC) on 18 May 2009, a major employer group has released a media statement.

In politics, approval for change is often achieved by having all the stakeholders dislike you ……. equally. If no one group is happier than another, the wheels of government can keep turning without conflict.

OHS lobbyists are largely jumping the gun on the 18 May meeting. The Ministers are well aware of the attention OHS law reform is being given as they experienced something similar prior to the April WRMC meeting.

The Federal government has made no comment on the Model OHS Law Review reports since the final report was handed in on31 January 2009. No one knows exactly what the government response will be and whatever it is there will be plenty of time to address specific concerns with the government when a specific position is given.

Perhaps the media statements are intended to reassure the union and employer groups’ member that their represntatives have not forgotten about OHS. The real test of their worth will come next Tuesday when we will see whether these groups will stick with their own interests or the broader interest of all businesses, workers and the community.

Kevin Jones

Category: business

H1N1 and facemasks

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The OHS recommendations the Australian Government rejected

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Radio interview on harmonisation of OHS law

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“Homecomings” safety ads reach the US

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More last minute lobbying but with compromise

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WorkHealth concerns increase

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Peculiar OHS lobbying continues

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