SafeWorkSA responds to Gottliebsen OHS article

On 23 May 2011, prominent Australian business writer, Robert Gottliebsen published an article in BusinessSpectator entitled “Saying no to Canberra’s IR dopes“.  The article was uncharacteristically contained major errors on the application of new harmonised OHS laws.

The article generated considerable discussion on some Australian OHS discussion forums but the article’s website has attracted only one comment.  SafetyAtWorkBlog is in possession of a copy of the full reply sent to BusinessSpectator by SafeWorkSA, the OHS regulator in South Australia, a state that featured in Gottliebsen’s article.  SafeworkSA’s reply is reproduced below as it is yet to appear on the BusinessSpectator website, a week after it was sent.

“From:  Bryan Russell, Director of Strategic Interventions, SafeWork SA & SA Representative on the Strategic Issues Group – OHS with Safe Work Australia.

Robert Gottliebsen’s commentary of 23 May on South Australia’s actions regarding the Model Work Health and Safety Bill contains several serious errors that need to be addressed.

For the record, let me emphasise the following.

The Work Health and Safety Bill 2011 was reintroduced to the South Australian Parliament on 19 May 2011.

The Bill was tabled in the same form before the Legislative Assembly (Lower House), where the current Minister for Industrial Relations, Patrick Conlon, sits.

The SA Government is on the record as stating that the Bill was withdrawn from the Legislative Council (Upper House) on 3 May 2011 due to the recent change of Ministers.

Contrary to Mr. Gottliebsen’s assertions, we have observed no “community outrage” generated by radio talkback hosts. Continue reading “SafeWorkSA responds to Gottliebsen OHS article”

Australian Governments’ flawed strategy on new OHS laws

Lawyer Andrew Douglas’ latest article for SmartCompany illustrates the conflicting approach to the enforcement of alcohol and drug policies in workplaces.  Douglas illustrates the constant struggle for business operators between employment law and safety law, workplace relations and human resources.  Case law has progressed the management of human capital more quickly than has safety management over the same workplace issue of alcohol and drug use leading to a difficulty in determining the best managerial approach to the hazard.

Douglas’ discussion of the role of case law in changing managerial approaches also has relevance in the OHS harmonisation process currently occurring in Australia.  In the early days of this process, the legal fraternity believed, and often publicly stated, that the operation of the law will be “ironed out” only after several years of prosecutions and case law.  These statements seem to forget that behind almost all OHS prosecutions are one or more injured workers and the reality is often forgotten when part of a lawyer’s motivation is also to seek a precedent or a clarification of the law. Continue reading “Australian Governments’ flawed strategy on new OHS laws”

OHS news and content suggestions welcome

Recently, readers have been providing tip-offs to OHS issues that are not being covered by the traditional media.  SafetyAtWorkBlog has always inhabited this niche but is looking to expand its story source options.

I am encouraging readers to provide not only news tip-offs but to also suggest safety issues that could form the basis of a SafetyAtWorkBlog article.  For instance, do you know of an extraordinary safety person whose story requires a broader audience?  Is there a design fault with a safety product that the manufacturer is not attending to?  Is the application of a safety law having an unexpected effect at a workplace?

Tip-offs and suggestions can be anonymous but I reserve the right to reject any suggestions that I feel are not suitable for the SafetyAtWorkBlog.  The more specific and detailed your information for the article (contact details, photos, reference documents etc.), the higher the priority given.

But don’t forget that if you have the writing bug, you are welcome to send through articles for consideration.

Kevin Jones

Use Twitter as an additional OHS resource

Many SafetyAtWorkBlog readers discover this blog through Twitter references and links.  Twitter is very useful for quickly bringing new OHS documents or other online resources to the attention of Twitter “followers”.  For instance, many of the OHS regulators around the world use Twitter to supplement the distribution of safety publications, media releases and guidelines, often through the #OHS hashtag. (More information on how to get started with Twitter is availble online)

SafetyAtWorkBlog issues blog article notifications through Twitter as @SafetyOz but non-blog articles and quick links are also distributed through Twitter.

@SafetyOz is a useful supplement to SafetyAtWorkBlog and readers are encouraged to join this free online resource.

Kevin Jones

Australian safety awards are important but require rebooting

The 6th annual Safe Work Australia awards concluded a couple of hours ago.  The event was an opportunity to meet Australians prominent in the safety profession, celebrate innovation and to acknowledge individual efforts.  The winners’ achievements were largely significant but there are problems with the OHS award processes across Australia and the Safe Work Australia Awards reflected some of these.

The event, held at Parliament House, included a good collection of corporate, legal and  government decision-makers in the audience of 350 guests.  The Industrial Relations Minister, Chris Evans, delegated Senator Jacinta Collins (media statement available HERE) to attend the function and she expressed a rudimentary understanding of workplace health and safety.  She,  like many others, stated that “all workplace incidents are preventable”, a statement whose value is becoming dubious.  If safety professionals desire evidence-based decision making, someone needs to research the “preventable” statement as it risks creating unreasonable expectations of safety in the community, if it has not already.

Category 1: Best Workplace Health and Safety Management System

  1. Private Sector – Ballina Bypass Alliance
  2. Public Sector – Courts Administration Authority

Category 2: Best Solution to an Identified Workplace Health and Safety Issue – CSIRO Livestock Industries Continue reading “Australian safety awards are important but require rebooting”

Good Comcare content on effects of OHS harmonisation

Australia’s Comcare was the first of the OHS regulators to provide an information session on Australia’s attempts to harmonise its OHS laws across many different jurisdictions and industry sectors.  The Melbourne seminar on 7 February 2011 could have been presented better but some useful information was available.

Content – Inspectorate

The most significant OHS information to come out of the event was that Comcare is making a serious attempt to move its enforcement from the investigatory model to inspectorate.  Michael Barnes acknowledged that this will be a considerable culture change for Comcare staff and, by extension, many Comcare clients.  This is a major change of emphasis as illustrated by Victoria’s WorkSafe that went through this exercise over the last five years or so.  This program will take many years to introduce and still more years to be accepted.

Basically the OHS “policeman” will have additional obligations to advise clients on ways to comply with OHS laws.  There has always been a tension when OHS inspectors, who often know the most appropriate control measure in work situations, are bound to not advise as they would be overstepping their authority. Continue reading “Good Comcare content on effects of OHS harmonisation”

New public sector bullying guideline

In late-December 2010, the State Services Authority issued a new OHS/HR publication entitled “Tackling Bullying“.  The guide is aimed squarely at the public sector but should be of interest for any organisation that has a large number of office-based staff.

This guide is a good example of how the OHS guidelines can be tailored to specific industries and circumstances.  The “further resources” section also includes a considerable number of hyperlinks to current bullying documents.

Public servants often have a very different approach to psycho-social issues of bullying and stress because the public service is a unique work environment where considerable resources have been traditionally devoted to staff welfare.  In some ways, this uniqueness can provide a level of sensitivity to OHS issues that is not reflected in other industry sectors.   Continue reading “New public sector bullying guideline”

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd