The potential of undocumented safety

SafeWorkSA’s CEO, Martyn Campbell, is fast becoming the highest profile occupational health and safety (OHS) regulator in Australia, partly because he has committed to communicating with stakeholders. Recently on the SafetyOnTap podcast Campbell, spoke about non-paper-based compliance. Given the current attention to safety clutter by David Provan and Greg Smith, his comments deserve some brief consideration.

Campbell was speaking about the importance of formalising OHS investigations through ICAM or root cause analysis and how proof of safety compliance comes through paperwork:

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Dirty tricks in quad bike debate

This week an online entity has been establishing itself on various social media platforms as “Say No To OPDs”, “Ban The Bar” and combinations of those phrases. These sites are asking people to make submissions to the current inquiry into establishing a quad bike safety standard which is being managed through the Australian Consumer and Competition Commission (ACCC) at the instigation of the Federal Government. This is not an inquiry about quad bike safety; that occurred last year with the ACCC report handed down earlier this year. It is an inquiry about a specific element of safety but this has not stopped a coordinated online push to reject the ACCC’s broader safety and product design recommendations.

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Victims of industrial crime

On May 13 2019 the Australian media published articles based on research (released after embargo) conducted by the RMIT’s Centre for Innovative Justice and about victims of crime which those advocating for Industrial Manslaughter laws should seriously consider.

The Age newspaper reports

“Victims of crime felt let down by the system when offenders pleaded guilty to a less serious charge and did not proceed to trial ‘‘ because they wanted the opportunity to tell their story’’ , …..”

and that

“One victim interviewed during the research said they felt left out of discussions with the OPP when charges in their case were downgraded from murder to manslaughter for a plea of guilt …”

Occupational health and safety (OHS) seems a little ahead of the game here as relatives of deceased workers have been integrated into OHS consultation in both Queensland and Victoria. Relatives had a very strong voice through the Senate Inquiry into Industrial Deaths. Victim Impact Statements have been possible in the Courts for many years but Industrial Manslaughter laws add an additional depth to the participation of victims of industrial crime, and an additional risk of false promises.

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Andi Csontos, OHS futurist

Andi Csontos

The future of work is usually portrayed as a future dominated by Artificial Intelligence (AI) and electronic technology, and one with which humans will struggle to cope. As other industrial sectors panic over potential job losses, it may be good news for the occupational health and safety (OHS) profession which feeds on the potential for harm. The future will still contain harm, but probably new types.

Consultation has been critical to OHS and its ability to improve health and safety, but many OHS people do not have to leave the office. There activities revolve around complicated Excel spreadsheets of intricate injury classifications and risk calculations. But OHS existed long before these technological burdens, which some would describe as dead-ends and others as the accumulation of valuable data. However, talking about safety and, more important, listening to others discussing safety is the most important tool an OHS profession has and will have in the Fourth Industrial Revolution.

This was reinforced recently by EY’s EHS Partner Andi Csontos (pictured above) at a seminar in Ballarat Victoria. Csontos paraphrased a recent EY discussion paper:

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Scarlet M for Manslaughter

In March 2019, the Northern Territory government released its “Best Practice Review of Workplace Health and Safety in the Northern Territory”. This report was written by Tim Lyons who reviewed the Queensland work health and safety (WHS) Laws not so long ago. Lyons is creating a career path as sustainable as Alan Clayton who seems to have reviewed all the workers’ compensation systems in the Asia Pacific!

There are many similarities between the two reports which is not surprising – same Model WHS laws, same reviewer….. Yes, Industrial Manslaughter laws were recommended but this is almost a pro forma recommendation at the moment, as it has been supported by at least two State governments, recommended in a Senate inquiry into industrial deaths and pragmatically recommended by the Boland Review. In many ways these WHS-related reviews are feeding off each other.

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Steady as she goes in Victoria

The annual Safety Institute of Australia (SIA) breakfast was held at the Melbourne offices of Herbert Smith Freehills (HSF). As has become a tradition, a spokesperson for WorkSafe Victoria was the feature presenter and this year that was the very recently appointed Executive Director of Health and Safety, Julie Nielsen. HSF’s Steve Bell also provided an update on OHS laws and national Work Health and Safety (WHS) changes.

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Business groups miss the target on sexual harassment

Two business associations have released the submissions they provided to Australia’s National Inquiry into Sexual Harassment in Australian Workplaces – the Australian Chamber of Commerce and Industry (ACCI) and the Australian Industry Group (AiG). These submissions have been eagerly anticipated as these two groups are politically influential.

ACCI has based its submission on 13 “principles”:

  • Employers oppose sexual harassment
  • Sexual harassment is not good business
  • More Australians need to be able to recognise sexual harassment
  • We need to improve the attitudes Australians bring to work
  • The law needs to support employers in turning values into action
  • We need to recognise/reward learning and change
  • Individuals must be made more accountable for their own behaviour
  • Greater effectiveness does not demand more law
  • Regulation needs to be smart, simple, clear and balanced to be effective
  • Jurisdictional overlap / repetition detracts from effectiveness
  • Businesses have differing capacities and cultures
  • Sexual harassment can be challenging to manage
  • This is a moving target; new sexual harassment risks are emerging

Each one of these sound positive but can be argued over. For instance “sexual harassment can be challenging to manage”. This is less of a principle than a reason, or even an excuse. Sexual harassment is complex to manage as it is not just about poor relationships, it involves a sexual element which involves power and disrespect; power that is sometimes misinterpreted as leadership or part of a manager’s entitlement.

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