New campaign indicates old-school thinking

IPC Athletics World Championship, Tuesday, 25 January 2011

Today WorkSafe Victoria launches a new return-to-work campaign which will use Paralympian Jack Swift as the “face” of the campaign.  The campaign is sure to be successful but the increasing focus of safety regulators on return-to-work (RTW)  may illustrate a growing trend where rehabilitation policy strategies are gaining priority over injury prevention. Yet innovative approaches to injury prevention provide the greatest potential for personal, economic and social savings.

In 2001 WorkCover NSW began its Paralympian Sponsorship Program, a program that continues.  The advantage of the New South Wales program is that it features a range of incident scenarios and, most importantly, the paralympians speak about “workplace safety, injury prevention and management and their personal road to recovery, return to work.” (emphasis added)  This broad, multi-category approach seems to be missing from the new Victorian campaign. Continue reading “New campaign indicates old-school thinking”

WorkSafe tries a new promotional approach

The increasing prevalence of pictorial social media has generated a surge in organisations generating “infographics” from workplace health and safety statistics Almost always these images are a technique for generating internet traffic through established websites, blogs and other online services. Fundamentally it is stealth advertising for the unwary online user. However, such images have much greater legitimacy when offered by OHS regulators.

In the week prior to its WorkSafe Week 2012, WorkSafe Victoria issued two online infographics as part of a media statement. Both are attractive by their simplicity but the simplicity can also be a problem.

The cost comparison infographic is super general but clearly illustrates that the cost to prevent harm is much less than any fine that may come from prosecution. However, the risk of being prosecuted in Victoria and receiving a monetary penalty seems to be declining as non-pecuniary penalties, such as enforceable undertakings and others, are made available to the Courts.

Fines are only one of the potential costs. An inescapable cost is the cost to the injured worker, the disruption to that worker’s family life, the disruption to the worker’s employer. Continue reading “WorkSafe tries a new promotional approach”

BusinessSA’s backflip on OHS laws carries short-term gain but long-term risk

Australian business associations have different perspectives on the need to harmonise occupational health and safety laws across Australia but BusinessSA has performed an enormous backflip in only a month on new Work Health and Safety Laws.  In a letter (now a media release) to the industry association’s members, BusinessSA has called on the South Australian Government to defer the laws until a scheduled national review in 2014.  The major points of the letter are discussed below.

Objections to the letter on some of the LinkedIn discussion forums have been voiced by some safety and legal professionals, the principle concern being that all state governments agreed to the initiative of the Council of Australian Governments (COAG) in 2008 to harmonise the OHS laws.  Employer groups, unions and OHS regulators have been closely involved in the harmonisation process.  Other parties, including BusinessSA made submissions.  According to the 2008 submission, these were the six key issues:

  • “Self-regulation: The appropriateness of the duty of care, consultative mechanisms, performance-based (as opposed to prescriptive) regulation, and education/training in facilitating an effective (self-regulating) OHS system.
  • Causality and uncertainty: Can, and should, governments attempt to regulate with respect to potential future hazards, given the enormous pace of technological change and uncertainty relating to that change and where causes of Continue reading “BusinessSA’s backflip on OHS laws carries short-term gain but long-term risk”

SISA has few problems with SafeWorkSA but where are the other submissions?

In May 2012, the South Australian parliament announced an inquiry into the effectiveness of that State’s workplace safety regulator, SafeWorkSA.  Submissions are being received by the Parliament Committee but, as yet, none are available through the inquiry’s website.

Andrea Madeley of VOID has commented that her organisation has already provided the committee of inquiry with a submission but the only public submission SafetyAtWorkBlog can find is from the Self-Insurers of South Australian Inc (SISA).  Below is the summary of SISA’s submission:

“Should the responsibility for all occupational, health and safety issues remain with SafeWork SA or should some or all of that responsibility be transferred to WorkCover?

SISA members have no fixed views, although if the choice were simply limited to the current separated model and a single massive regulator, we might well opt for the current model as a means to avoid conflicts of interest. If, in the alternate, we are asked ‘Could the quality of OHS regulation and functional delivery be improved?’, we would answer ‘yes, but this cannot be achieved by structural change alone’. We therefore advocate no particular structure (though with a preference against amalgamation) and urge the Committee to concentrate on the quality of what is delivered.

2(a) WorkCover ought to be recognised as having a vital role and interest in improved OHS outcomes.

2(b) Scope exists for improved collaboration between WorkCover and SafeWork SA, especially in the field of data collection, management and use.

2(c) SafeWork SA and WorkCover should look at the self insured employers as resources and force multipliers for their own efforts to reach out to smaller employers.

2(d) Our members have few complaints (and no recent ones we are aware of) about their interactions with SafeWork SA.

2(e) The experience of small and medium size business may be different, however.

3. The OHS profession should have substantial representation on OHS regulatory and advisory bodies.

4(a) The real challenge for SafeWork SA lies in the small and medium size business community.

4(b) The conventional model of the regulator being the initiator of action will always be inadequate for small and medium size business due to the sheer numbers involved compared to the resources available.

4(c) Experience rating of workers compensation premiums has at best limited and delayed effect, and even that is anecdotal and presumptive rather than established as fact.

4(d) South Australia needs to think outside the square of normal regulatory models when considering small business safety. The French CRAM model might offer one such possibility.” [emphasis added]

SISA believes that SafeWorkSA’s performance can be improved but not through structural change.  It would be fascinating to see how SafeWorkSA would change with a new set of work health and safety laws.  From recent comments in the media by SafeWorkSA’s Judith Lovatt it would appear that the organisation is looking forward to them.

SISA clearly understands the separation between the workers compensation and rehabilitation roles of Workcover and the harm prevention and prosecution role of SafeWorkSA.  Too often criticism of the management of workers compensation is aimed at the wrong regulatory agency, a major problem seen recently in the Federal Parliamentary Inquiry into Workplace Bullying. Continue reading “SISA has few problems with SafeWorkSA but where are the other submissions?”

South Australian WHS laws get closer

Australian OHS discussion forums have been buzzing with the passing of the model Work Health and Safety (WHS) bill through the South Australian Parliament. SafetyAtWorkBlog has been advised that the WHS Bill has yet to go to Committee stage which then requires a third reading.  Some engaged in South Australian politics still believe the WHS Bill will fail to become law.

However the focus should not only be on the WHS Bill as there were other OHS matters discussed in Parliament on 6 September, such as workplace bullying.

Second Reading

The Second Reading Speech (page 2069) by Russell Wortley on 6 September 2012 includes some comments of note. Below are a couple of extracts:

“There has been a lot of fearmongering about the effects of these laws. I want to assure honourable members that these fears are misguided and, sadly, often based on misinformation from lobby groups with a particular self-interest in seeing this legislation defeated.”

“…if we do not modernise our laws now, the scope of legal workplace safety protections will continue to be limited by the employer/employee relationship and existing ambiguities will remain. Honourable members need to understand that if the bill is not passed, a South Australia worker will have lower standards of safety than other workers in other states and territories across Australia.”

Of particular note is that Wortley tables (pages 2077-2079) the Housing Industry Association‘s table of increased costs from the new WHS laws. Continue reading “South Australian WHS laws get closer”

Shit safety campaign launched in Australia

On September 5 2012, the Tasmania Minister for Industrial Relations, David O’Byrne launched a new campaign to encourage businesses to prepare for new Work Health and Safety laws.  The name of the campaign is “OH S…”.

O’Byrne’s media release explains the campaign:

“OH S… is the understandable gut reaction of any worker, manager or business owner when they hear there’s been an accident in the workplace… This campaign uses that first reactionary moment to try and promote how workplaces can be proactive on work health and safety.”

It is reminiscent of the famous line by Bill Cosby when describing a car accident and a driver’s reaction:

“First you say it, then you do it”.

The wisdom of this campaign is questionable.  There could be a range of responses created in the media by various comedians, all to do with safety and shit, such as:

“Make the job safe, move that shit”.

“Don’t be a shithead with safety”.

“The top three priorities of this company is Safety First, Safety Second and Safety Turd”.

Bringing shit into the concept of safety is a challenge and could offend some of the old-guard that sees OHS as sacrosanct.  But it could be that such an advertising strategy for workplace safety is necessary.   Continue reading “Shit safety campaign launched in Australia”

New anti-bullying campaign launched

Brodies’ Law concerning workplace bullying is set to gain more media attention today as the Victorian Attorney-General, Robert Clark, launches a new anti-bullying campaign.

The campaign has been pushed for by the parents of Brodie Panlock, Damien and Rae, and was whispered about at recent public hearings into workplace bullying.  However, the media campaign gained a shaky start on the ABC from psychologist Evelyn Field.  Her interview, which was videoed, appears almost off-topic and never gains the gravitas the subject of workplace bullying deserves.  The ABC may be partly at fault here by choosing Evelyn Fields instead of the Attorney-General or Brodie’s parents.

The media release of the Attorney-General (not yet available online) states that the ‘Take a stand against bullying’ campaign

“… will see information about bullying and Brodie’s Law distributed to more than 8,000 schools, workplaces and police stations across Victoria.”

When one considers the number of schools, workplaces and police stations in Victoria, 8,000 is not a lot.  Victoria Police has been very supportive of Brodie’s Law and the Panlock family and have produced a terrific Youtube video to explain the law.  It is far more effective than other attempts to explain the law. Continue reading “New anti-bullying campaign launched”

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