ACTU Congress’ draft OHS policies deserve serious analysis

Pages from draft-2015-actu-congress-policies-2015-consolidatedThe Australian Council of Trade Unions (ACTU) commences its 2015 Congress this week.  Each year around 800 trade union delegates meet to discuss changes to policies and to develop or refine strategies. This year the ACTU released its draft policies publicly prior to the Congress.  These policies have a long and strong historical and industrial relations context.  Occupational health and safety (OHS) is an important part of these policies and should spark discussions in the union movement and the OHS profession.

Early in the document, the ACTU states its “bargaining agenda” in which is included

“better work, life and family balance.” (page 7)

Curiously, the ACTU has chosen “better” rather than “safe”.  Better is a more inclusive term but harder to define.  Better for whom?  Better could be better paid or more secure or safer.

Trade unionists often see OHS as being monitored and enforced through the mechanism of the Health and Safety Representatives (HSRs) and would argue that OHS is throughout all the draft policies due to the HSR role but there are more workplaces in Australia without HSRs than with and it is worth considering the policies as independent from the HSR structure, if that is possible..

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Important OHS statements in Australia’s Parliament

On the eve of its 2015 Budget, the Australian Parliament was debating an increase in enforcement powers of the Fair Work Building and Construction inspectorate and the resurrection of the Australian Building and Construction Commission (ABCC).  Occupational health and safety (OHS) is rarely mentioned in these debates but not so on 11 May 2015.  Excerpts from yesterday’s safety-related comments are worth noting, particularly as no mainstream media has done so or is likely to..

Senator Cory Bernardi (Liberal Party) attacked a recent video from the Construction, Forestry, Mining and Energy Union (CFMEU) saying that

“For too long the unions have falsely cried safety as a lazy defence for their unlawful and unethical industrial conduct. They have cried wolf so often that they can no longer be believed.”

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New analysis of deaths at work

Cover of Deaths at Work 2014Barry Naismith has followed up his first report into WorkSafe with a second that analyses the workplace deaths in Victoria since 1985.

One of the attractions of Naismith’s analyses is that he considers the broader context to the data.  His first report looked at WorkSafe Victoria’s actions and policies in relation to the executive and board complexion.  In this report he looks at the frequency of deaths with WorkSafe campaigns and enforcement response.

The analysis may not have the authority of a fully-funded research program from an academic institution but the level of detail he has collected from official sources is impressive, and in the absence of any other analysis, Naismith’s work deserves serious attention.

Kevin Jones

Abolition of Construction Code is a return to the past on OHS

The new Andrews Government in Victoria has followed through on its election pledge to abolish the Construction Compliance Code Unit (CCCU) of the Department of Treasury and Finance. It announced this in a peculiar manner within a media release on whooping cough, a process that Senator Abetz went to town on. But Premier Andrews’ decision raises the question of, if the Code is gone, what replaces it? The simply answer is nothing.

A spokesperson for the Premier advised SafetyAtWorkBlog that

“The Andrews Labor Government has delivered on its election commitment to scrap the Victorian Code of Practice for the Building and Construction Industry and its monitoring body the Construction Code Compliance Unit (CCCU).

Contractors bidding for Victorian Government work and applying for pre-qualification on construction registers will still need to meet safety and industrial relations management criteria. Contractors must also have occupational health and safety policies and procedures to meet legislative and regulatory requirements.”

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Trade Union Royal Commission affects OHS credibility

Whether one believes that the Royal Commission into Trade Union Governance and Corruption is a political witch-hunt or a genuine attempt to clean up a corrupt industry sector, the Royal Commission seems to have revealed an abuse and exploitation of occupational health and safety (OHS) – an exploitation that has received next to no attention. The release of the Commission’s interim report allows for a quick analysis of this situation.

Former Prime Minister Julia Gillard was a particular target of the Commission in relation to a “slush fund” established by her then-boyfriend, Bruce Wilson, commonly referred to as the “AWU affair“.  The “slush fund”, known as the Australian Workers Union Workplace Reform Association, was developed, according to Gillard

“… to support the re-election of union officials who would campaign for workplace reforms including better occupational health and safety.” (Interim Report, Vol 1, page 99)

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Media tips for Australian OHS professionals

The occupational health and safety (OHS) profession in Australia has suffered from the lack of a public voice.  This is partly due to ineffective and disorganised professional associations but more it is due to fear – fear of embarrassment, fear of ridicule, fear of failure….  This is peculiar because a fundamental element of OHS is communication.  Below is some information from an Australian journalism textbook that may help reduce some of that fear.

Code of Ethics

The Media Entertainment and Arts Alliance (ie. the journalists’ “union” in Australia) publishes a Code of Ethics. (Similar organisations round the world have equivalent documents and obligations)  This is vital information for any journalist but also important for those who want to engage with the media, perhaps through interviews.  For instance, on the use of sources, the Code says

“Aim to attribute information to its source.  Where a source seeks anonymity, do not agree without first considering the source’s motives and any alternative attributable source.  Where confidences are accepted,  respect them in all circumstances.”

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