Trade union OHS protests are shortsighted

On the eve of the ACTU Congress, the construction unions have threatened disruptions to building sites in, not surprisingly, New South Wales. This State was always going to be the one with the most to give up for the sake of national harmonisation of OHS laws.

It is reported in the Australian Financial Review on 2 June 2009 (page 11, not available online) that the CFMEU acting state secretary, Jim Tulloch, has said

“This is a line in the sand issue for trade unions……There’s a lack of leadership at the federal level and lots of states have been coerced into signing something that they are going to be held accountable for.”

This may be the case and the CFMEU may be positioning themselves prior to the ACTU Congress but the disruption is a risky strategy.  Not only would any of the action be illegal, the Federal Government has yet not abolished the draconian Australian Building & Construction Commission (ABCC).  Union protesters are likely to find themselves again in front of the ABCC being forced to answer questions.

The national OHS system is still being finalised but the union action will serve little purpose other than confirming the political perspective that the New South Wales government is overly influenced by the union movement.  Surely by now the union movement has learnt there are other ways to achieve aims than by confrontation.

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

Australia’s OHS harmonisation likely to fall

Media reports on 11 May 2009 do not provide optimism for the introduction of harmonised OHS laws in Australia.  The Australian reports that the ACTU is lobbying Federal ministers over the reports into the model OHS law that are scheduled to be discussed at the Workplace Relations Ministers’ Council on 18 May.

The unions believe that following the recommendations of the review panel will provide workers with lesser standard of safety protection than they currently have.

The government has been slow is responding to the recommendations of the review panel, an odd action given the tight reform timeline they set.  However, the government has shown that timelines are flexible even when the future of humanity is threatened by climate change.

The ACTU will be campaigning in the media this week against the weakening of OHS laws, particularly the extremist laws of New South Wales.  Whether this is an ambit claim or not will be found out next week but whatever it is it shows regrettable shortsightedness on the part of the ACTU.

The Australian Financial Review (page 5, 11 May 2009, article not available online) seems to take some glee in the fact that the safety laws are “shaky”.  The paper may be caught between watching the Government’s agenda failing again or advocating legislative change to reduce the operational costs of its readers.  The AFR reports that three States are digging in against the possible OHS law reforms.  New South Wales (largely seen as dominated by the trade unions), Queensland (new IR Minster Cameron Dick wants the State’s reverse onus of proof to be applied) and Western Australia have indicated a hesitance to accept.

The Federal Government needs a two-thirds majority for the national OHS legislation to occur and, with a week to go, SafetyAtWorkBlog expects the government to apply some horsetrading  for the new laws to pass. 

Having said that noone yet knows what the new laws are that will be proposed.  The Government has received the review panel reports but has yet to respond to the recommendations.

Any law reform focused on national harmonisation is unlikely to succeed unless there is unanimous support for the reforms.  The fear all along with the OHS laws is that agreement will be short-term until state governments decide that their industries or industrial relations situation have special needs and responds parochially and weakens the national strategy.

The challenge for the Federal Minister for Workplace Relations, Julia Gillard, is to achieve unanimity AND lock in State support for several years so that harmony and stability can be achieved.  OHS law reform on this scale occurs rarely and all parties should be looking at the long term on this issue rather than their own state-based petty power struggles.  We have to wait till early next week to see which States have the mature politicians.

Kevin Jones

Passive smoking and casino workers

Smoke-free workplaces have gained considerable attention over the last few years but many countries allow exemptions for casinos.  This makes no health sense but considerable political and revenue sense.   The  American Lung Association has released a video story about one non-smoking casino worker who has suffered lung cancer, Vinnie Rennich.  (The 16meg flash video is available for download)

Fearing the invisible – selling nanotechnology hazards

The community is not getting as concerned about nanotechnology as expected (or perhaps as needed).  There is the occasional scare and the Australian unions have relaunched their campaign on the hazards of nanotechnology manufacturing.  There have been several articles about the potential ecosystem damage of nanotechnology in our waterways.  Frequently, it can be heard that nanotechnology is the new asbestos.

Nanotechnology is a new technology and all new things should be used with caution.  It is odd that none of the nanotechnology protests seem to be gaining much traction.

Part of the problem is that nanotechnology is invisible and how do people become concerned about the invisible?  This is a point of difference from the asbestos comparison.  Asbestos was turned into asbestos products – from dust to roofing.  But nanotechnology goes from invisible to items such as socks.  The public see new improved versions of common items, nanotechnology is used in familiar items, but the public does not see the nanotechnology and therefore does not comprehend nanotechnology as a potential hazard.

It may be useful to jump back before asbestos to look for new communication techniques for warning consumers about the invisible.

In 1998 Nancy Tome published “The Gospel of Germs“.  Tome looks at the slow realisation in the first half of last century by the public that germs and microbes exist and can cause harm.  She is not interested in the germs themselves but how society accepted their existence and how they reacted.  This reaction – improved hygiene, infection control, disinfectant, etc – can provide us with some clues as to how society embraces the invisible, particularly if the invisible can make us sick.

Nancy Tomes wrote the book in the time when AIDS was new.  But since then SARS is new, Swine Flu is new and other pandemics will become new to a generation who have only known good health and good hygiene.  Now we are creating invisible things that we know can have positive benefits but we don’t know the cost of the benefit.

It is perhaps time for the OHS lobbyists to take a page or two from the public health promotion manual (and Tome’s book) and begin to explain rather than warn.  Nanotechnology is not asbestos and the comparison is unhelpful.  The application of nanotechnology will be in far more products than was asbestos and the nanotechnology is smaller.

If the lobbyists can make the invisible visible then progress will be much quicker.

Kevin Jones

Trade unionist talks about nanotechnology risks

In October 2008, SafetyAtWorkBlog spoke with Renata Musolino of the Victorian Trades Hall Council.  At that time the trade union movement was finalising its policies and positions on nanotechnology into the campaign  that is being rolled out at the moment.

In the SafetyAtWork podcast released in April 2009, Renata talks about how nanotechnologies links with mesothelioma but also some parallels with genetically modified organisms.  She discusses the need for more information about the nanomaterials and how one should apply the precautionary principle in this case.

More information about Renata is available at the Victorian Trades Hall Council website

How Workers’ Memorial Day should be treated

For the first time in many years, I will not be able to attend the local service for the Workers’ Memorial Day on 28 April 2009.  I will be attending the Safe Work Australia Awards in Canberra which, coincidentally, is on the same day.  I hope that the award ceremony includes a minute’s silence to remember those who have died at work.

Recently the San Francisco Labor Council passed a resolution in support of Workers’ Memorial Day.  It provided several good reasons why trade unionists and, I would say, OHS professionals, should support this day.  Below is part of the resolution

wmd-sf-0000000lyerWhereas, April 28, 2009 is an international day of commemoration for injured workers and workers killed on the job; and

Whereas, the elimination of all doctors at Ca-OSHA has threatened the health and safety protection of California’s 17 million workers; and

Whereas, the introduction of new technology such as biotech and nanotechnology without proper oversight can and has become a threat to workers and our communities; and

Whereas, the deregulation of workers compensation has harmed injured workers and their families in California and throughout the country; and

Whereas, many of these workers have been forced onto SSI, Disability Insurance and other state and local agencies to cover their healthcare costs which is cost-shifting; and

Whereas, senior workers in many industries have been forced into retirement due to their disabilities on the job and discrimination against them due to their disabilities and age including at the US Post Office and other industries; and

Whereas, all working people and their families whether working or injured are entitled to full healthcare,

Therefore be it resolved the San Francisco Labor Council endorses and supports a Workers Memorial Day event on April 28, 2009 in San Francisco at ILWU Local 34 and encourages it’s affiliates to publicize and participate in this California Coalition for Workers Memorial Day (CCWMD) 

It is a lesson for other unions and organisations that such a day does not deal with localised industrial relations disputes and can be a platform for improvement in the quality of life of workers by calling for 

  • increased enforcement and policy resources;
  • caution over emerging hazards;
  • reassessment of deregulation;
  • insurance and healthcare improvements; and
  • appealing early retirements due to illness and injury.

I urge OHS professionals to seek out your local commemorations and participate.  The more people attend, the more government will realise the seriousness of the issue.  More importantly, the services remind us why we entered this profession in the first place and, just maybe, how we have made a difference.

Kevin Jones

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