business – Page 235 – SafetyAtWorkBlog

Presenteeism in the US

Presenteeism is when a worker attends work when they should not due to illness. Frequently ill workers attend the office or the factory because they feel that they are indispensable. This may be the case but they can then present health risks to others by communicating their flu or other disease to their colleagues. However, the worker is also impaired and may undertake work tasks or make decisions that put themselves at risk, a clear breach of their OHS obligations.

Presenteeism is an obvious overlap between OHS and Human Resources. Sick leave has an important role to play in managing a safe and healthy work environment.

A 28 July 2008 article on NPR reports on a poll about presenteeism. The US context is slightly different from Europe and Australia because paid sick leave is not a workplace entitlement although many workplaces provide health insurance.

I don’t agree with Marc Burgat, vice president of government relations for the California Chamber of Commerce who argues against the imposition of sick leave entitlements on employers.

Good managers have structured their workforces or production deadlines to accommodate levels of absence due to illness. Health absences should be an element considered in a risk management plan. Good employers can cope with sick workers and foster good relationship (a good workplace culture) by accommodating unavoidable human foibles.

Managers doing what they think the boss wants

The walkout from the Tasmanian Coronial inquest of the Beaconsfield Mine legal team has given the issues associated with the death of Larry Knight more media prominence than it would otherwise have received. The withdrawal also allows statements concerning the financial pressures on the mine to continue uncontested. An ABC podcast on the coronial inquest…

Formaldehyde risks of temporary accommodation

There is continuing concern in the United States about the thousands of claims of health problems by survivors of Hurricane Katrina related to living in trailers provided to them by the government. (A 23 July 2008 podcast includes a mention of this issue but the relevant information is within the first 3 minutes) The problem is that residents were exposed to toxic levels of formaldehyde.

This may sound familiar to some Australian OHS professionals as similar claims were made over formaldehyde exposure in temporary housing for government workers who were participating in the Federal government’s indigenous intervention program. The ABC reported that the government investigation found

“department’s response to the complaints was slow and inappropriate given the seriousness of the health risk.”

An earlier report on this matter containing commitments to health and safety by the Minister is available HERE

The full report by Tony Blunn is available for download as is the relevant media statement by Jenny Macklin, the Minister for Families, Housing, Community Services and Indigenous Affairs.

Workplace Safety Inspector Ad

WorkSafe Victoria has launched a new advertising campaign emphasising its role as an OHS inspectorate (click image below to view). The emphasis fits that of WorkSafe’s CEO, John Merritt, who has pledged mre inspectorate resources and enforcement in the future.

The ad is clever in its structure by relieving the boss’ tension over an expected WorkSafe inspector visit and then reinforcing the surprise nature of many WorkSafe visits. The ad is also very well acted but I wonder about the effectiveness of the message as a TV ad. Not being privy to WorkSafe ad strategies, I would have thought that billboards in and around industrial sectors with the boss’ worried face may be more effective.

One small point though, the female worker being asked about office cabling is too stereotypical. However I acknowledge that having a female machine operator may have distracted the focus from the main message.

Domestic violence and workplace stress

Today, prominent New Zealand sports broadcaster Tony Veitch has admitted striking a previous girlfriend whose back broke in the incident. The issue of domestic violence is outside the approach of SafetyAtWorkBlog but Tony Veitch has identified some contributory factors to his actions – workload, stress and medications.

Media coverage of Tony Veitch’s admissions will be dominated by the issues of domestic violence and the money that he paid his girlfriend to keep the matter out of the media. In this blog’s context, questions should be asked about his employer’s, TVNZ’s, appoach to stress management and excessive working hours, and Tony Veitch’s own decision to accept working conditions that he says contributed to his violent acts.

As with the many politicians who resign due to workload and stress and who develop a sudden desire to “spend more time with the family”, and those CEO’s who take a year off to reestablish a work-life balance after amassing a personal fortune, and the television broadcasters who strike out at girlfriends, the contributions to domestc violence by work environments should be assessed so that other workers do not have to suffer and partners are not assaulted.

A balanced ABC news report on the Tony Veitch’s apology is available HERE. A New Zealand talkback radio session on the issue is available HERE.

Additional information on the issue can be found HERE

Likely Process of State OHS Legislation

As part of the COAG meeting in early July 2008 the Ausralain governments have signed an Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety. For those of you interested in how the replacement body for the Australian Safety & Compensation Council will operate and be funded, this is the blueprint.

However, part of the agreement on OHS reform does not sit right with the commitments we have heard from the government over the last 6 months or so. Perhaps our interpretations and expectations were a little unrealistic.

Part 5 of the inter-governmental agreement says

PART 5 – OCCUPATIONAL HEALTH AND SAFETY REFORM
5.1 Model OHS Legislation
5.1.1 The Parties commit to work cooperatively to harmonise OHS regulation through the adoption and implementation of model OHS legislation.
5.1.2 The Parties support the National Review into Model Occupational Health and Safety Laws, announced by the Commonwealth Minister on 4 April2008.
5.1.3 Model OHS legislation will comprise a model principal Act supported by model OHS regulations and model codes of practice. Model OHS legislation will be developed by [ASCC replacement body] in accordance with the terms of this Agreement.
5.1.4 The development process for model OHS legislation will allow for interested persons to make representations concerning any proposed model legislation. Prior to submitting any proposed model legislation to WRMC, [ASCC replacement body] will give due consideration to any representations duly made to it and make such alterations to the proposed legislation as it sees fit.
5.1.5 The Parties agree that a national compliance and enforcement policy will be developed to ensure a consistent regulatory approach across all jurisdictions.
5.1.6 For the purpose of ensuring that model OHS legislation applies throughout Australia, each Party to this Agreement will, subject to its parliamentary and other law-making processes, take all necessary steps to enact or otherwise give effect to model OHS legislation within its jurisdiction within the timeframes agreed by WRMC.
5.1.7 For the purposes of subclause 5.1.1, the adoption and implementation of model OHS legislation requires each jurisdiction to enact or otherwise give effect to their own laws that mirror the model laws as far as possible having regard to the drafting protocols in each jurisdiction.
5.1.8 The adoption and implementation of model OHS legislation is not intended to prevent jurisdictions from enacting or otherwise giving effect to additional provisions, provided these do not materially affect the operation of the model legislation, for example, by providing for a consultative mechanism within a jurisdiction.
5.1.9 [ASCC replacement body] will make model OHS legislation publicly available on its website when it is agreed by WRMC. [ASCC replacement body] will hold and maintain all original copies of agreed model OHS legislation, including any subsequent amendments.

Clearly, there is not going to be one OHS Act and jurisdiction for Australia. Many OHS organisations and businesses advocated for a single administrative structure but there was always the Constitution in the way. The Workplace Relations Ministerial Council (WRMC) has suggested that each State structures its own OHS legislation “subject to its parliamentary and other law-making processes” (5.1.6 above)

Certainly States could not implement something that conflicts with the core obligations and conditions but the quote above clearly allows State politics to affect OHS operations within the State. However you look at there is clearly room for the States to move.

However this movement will be tempered by having amendments and new legislation “approved” by the WRMC and then have each of the States amend their own OHS legislation to accommodate the other State’s changes, in order to keep close to national uniformity

5.5.2 Any Party that proposes to amend its legislation or introduce new legislation so as to materially affect the operation of model OHS legislation will submit the proposed amendments or new legislation to WRMC for decision. Each Party agrees that it will not progress implementation of any such amendment or such new legislation unless WRMC has endorsed the proposed amendment or new legislation.
5.5.3 Where WRMC approves an amendment to legislation or new legislation that affects the operation of the agreed model OHS legislation, all Parties will (unless otherwise agreed by WRMC) undertake all necessary steps to introduce appropriate changes to their legislation with a view to ensuring that OHS legislation remains nationally consistent.

In no way does any of this diminish the level of political activity related to OHS law making over the next few years. In fact I would be surprised if the lobbyists are not revising their strategies now.

The structure sounds workable while there is a friendly relationship between State and Federal governments. If one of the States changed to a conservative government the timelines or processes could vary considerably. There has already been persistent questioning about New South Wales Premier Morris Iemma’s tenure over the last week. For the reform process to work, the NSW Labor Party would need to provide a strong leader before the next election so as to avoid a conservative government. New South Wales has some of the most (according to business groups) draconian OHS legislation. If a Liberal government came into power, and with a clear mandate, OHS will become a battleground.

Workplace Safety Reforms and “Red-Tape”

As well as the National OHS Review Panel, there are several other reviews and investigations that are occurring that will change how OHS is managed and enforced in Australia. One process is under COAG (Coalition of Australian Governments) which met in early July 2008 and provided an update on its actions.

Sadly, most of the media reporting focussed on the issue of water in the Murray-Darling Basin and only a day or two later, a major draft report on climate change was released. OHS didn’t get much of a look-in.

OHS law reform is occurring under regulatory reform intending to reduce business “red tape”. I am not comfortable with this categorisation because there is no cut-off point. When is there too much red tape and when is there the right amount of red tape to ensure compliance or a good safety management scheme?

In brief, the National OHS Review is looking at harmonising the government legislation so that the administrative costs are lessened in those companies that operate across jurisdictional boundaries.

People see red tape as principally unnecessary paperwork and not the big picture of legislative reform. And, if their company operates only within one state, as most companies do, the reforms may seem of little relevance. OHS professionals may be putting emphasis on the review outcomes and processes way beyond what the public cares about.

The COAG processes, the red-tape review, gives OHS a paperwork image, an image where OHS is an unnecessary cost rather than an activity that minimises harm, saves lives and increases productivity and profitability. Marketing strategies or OHS promotions should include elements that counter this growing perception.

What annoys me the most is that the majority of the paperwork associated with OHS has been generated by lawyers and insurers who have advised that everything should be documented. “You don’t comply unless you can show that you comply”. The need for OHS paperwork has been imposed on business by forces outside that business and yet the business has to pay for the cost of preparing the paperwork. I don’t see the lawyers and insurers helping reduce red tape by saying that business needs less documented procedures and compliance.

Paperwork is an unavoidable business cost but we must remember that the decisions of other companies and organisations have generated that cost and are often unwilling to accept for that cost to be passed on to them, or deducted from their fees or premiums.

Business, by and large, in Australia will be unaffected by the various review processes into OHS management and OHS laws. The effect will be felt in the five years after the legal changes when the definition of compliance will change and systems will need to be changed to accommodate this.

Category: business

Presenteeism in the US

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Managers doing what they think the boss wants

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Formaldehyde risks of temporary accommodation

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Workplace Safety Inspector Ad

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Domestic violence and workplace stress

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Likely Process of State OHS Legislation

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Workplace Safety Reforms and “Red-Tape”

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