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

New Youth@Work website

The South Australian government has launched a website focusing on young people at work, not surprisingly called Youth@Work.  

South Australia has a habit of marching to a slightly different beat to the dominant Australian States on OHS.  They did not follow WorkSafe Victoria’s “Homecomings” ads and they have been well ahead of anyone in researching and explaining the relevance of wellness as an OHS issue.

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“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

Working longer means staying healthy longer

It is rare for anything of great relevance to occupational health and safety to come from the annual budget statement of the Australian government.  There is nothing directly relevant from the statement issued earlier this week except for the lifting of the retirement age to 67 in 2023.

Compulsory retirement age does not mean that people stop working.  If that was the case, farming and the Courts would be very different organisations.  The retirement age has more to do with financial independence or the pension eligibility than anything else but the government’s decision has focused the media and commentators on the fact that people will be working beyond traditional retirement age.

The announcement this week also supported the reality that has been increasing for many people for over a year now that the level of retirement income has plummeted because of the global economic recession.  People have a growing financial need to work, not simply a desire.

This will change the way that worker health will be managed by companies and by the individual.  Watch for even more interest in “the best companies to work for” campaigns.  In fact it should not be long before someone starts marketing on the theme of “is your health up to working into your seventies?”

This morning a package of interesting statistics were presented to a breakfast seminar held by Douglas Workplace & Litigation Lawyers.  One of the regular speakers, Ira Galushkin, provided the following Australian statistics

  • High risk employees (5+ Risks) are at work but not productive 32.7% of the time compared to low risk employees (0-2 Risks) who are not productive 14.5% of the time.
  • The productivity difference between health and unhealthy employees is therefore 18.2% or 45 days per annum.
  • High risk employees average 5.1 hours/month absence versus 2.4 hours/month for low risk employees.  This amounts to 32.4 hours (over 4 days) days per annum.
  • Healthy employees average 1-2 sick days per annum versus 18 days for those in the lowest health and wellbeing category.
  • The unhealthiest employees are productive for only about 49 hours out of each month compared to around 140 hours/month for the most healthy.
  • Poor health can account for an average 5% loss in productivity across the entire Australian workforce with the unhealthiest group reporting a 13% drop in productivity. About half [of] this is related to chronic conditions such as headaches, hay fever and neck/back pain,whilst half can be accounted for by lifestyle factors such as inactivity, smoking, obesity etc

All of this information shows the importance of workers maintaining their own fitness in order to live longer, but also to be able to present a case, if necessary, about their own productivity levels and how they have been saving their employer big dollars.

If we need to be able to work till older than previously, we will want to stay in a job we enjoy and that values us.  Some longterm health planning may be required by all of us.

Kevin Jones

Swine Flu lessons – presenteeism is real

There is some debate today about whether Swine Flu (in deference to the request from some pig farmers, now renamed “the Mexican Flu outbreak of 2009“) has peaked.  Colleagues in Asia over the weekend told SafetyAtWorkBlog that in most circles, the Mexican Flu outbreak has not generated the same level of interest, or concern, as elsewhere.  Perhaps the media studies academics can contribute to a redefinition of “global pandemic” as any disease outbreak that occurs in a country next to the United States. (Beware the Canadian Beaver Flu)

But flippancy aside, this dry-run at an influenza pandemic has many benefits and one particularly useful benefit will be a change in attitude to presenteeism in workplaces.

As the Southern Hemisphere enters its flu season and the early round of flu vaccinations concludes, Australia and others will be a test case for any attitudinal change in workers towards bringing their flu-ridden bodies to work, or in workers objecting to the contagious hazards that the presenteeists (?) introduce.

It has always been a suitable HR and OHS process to send someone home who appears impaired or unfit-for-work.  In the past “essential” staff would continue to work for the sake of workload or productivity.  Over time the folly of such an attitude has become obvious and workplace safety advocates have had a major role in this change.  The increased absenteeism of, and the decreased productivity from, a team who have been infected by a single member is now an unacceptable health hazard and productivity threat.

This change has also been helped by the increasingly viable option in some industries for people to work from home.

The Mexican flu outbreak is likely to verify the reality of presenteeism, probably from colleagues demanding that control measures be taken on the unthinking infectious workmate.  Masks may be tolerated but in the tradition of the hierarchy of controls, elimination is always preferable to personal protective equipment.

In the 1980s taxation department and many other workplaces, telephone hygienists were employed to disinfect telephone handsets.  Modern handsets cannot be disassembled in the same way however, SafetyAtWorkBlog was reminded of this, at the time, peculiar hygiene practices when watching Mexicans disinfecting subways and public telephones.

In all things there must be balance, but the Mexican flu outbreak of 2009 will undoubtedly revise the way people touch things and others.  In relation to influenza this is a good thing.

Kevin Jones

Cost of occupational injuries and illnesses rise

According to a report in the Australian Financial Review (page 5, not available online) on 14 April 2009, the costs of work-related injury and disease has increased to $A57.5 billion.  This represents 5.9% of the country’s gross domestic product, up from 5% in 2000-01.

Of perhaps more concern is the sectors of society which are estiimated to bear these increasing costs.  49% of costs are borne by workers, 47% by the community and 3% by the employers.  Even if the insurance costs were allocated to employers, this would only amount to 18% of the injury and diseases costs.

The figures from the report conducted by the Australian Safety & Compensation Council could justify the push by some in the OHS profession to move workplace safety into the area of public health.  Regardless, the spread of the cost should be borne in mind when OHS organisations lobby government for more support and attention.

Kevin Jones

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