The world looks to Australia for quad bike safety changes

On 19 October 2012 in a video address to an Australian forum on quad bike safety, the US Consumer Product Safety Commissioner Robert Adler stated

“We at the US CPSC are monitoring your activities closely with the hope that what you learn can help us back here in the United States.”

That places considerable attention on the safety initiatives and negotiations in Australia but also may indicate that the United States is struggling to achieve change in this area.

On October 17 2012, the Weekly Times devoted its front page, a double page spread and its editorial to the safety of quad bikes, or All Terrain Vehicles (ATVs).   The editorial called  on the Government to

“…mandate all ATVs are fitted with roll-over protection ..[and to] provide a rebate to allow retro-fitting of roll-over protection to existing ATVs.”

ABC News provided an excellent summary of the issues associated with quad bike safety in its news report on 17 October 2011 and showed some scary images of young children riding quad bikes.

Following the forum, Australia’s Workplace Relations Minister, Bill Shorten issued a media statement outlining to the outcomes.  It stated:

“The Minister said he has asked Safe Work Australia to report on the key findings of the quad bike issues paper and today’s forum, and that he would direct Comcare*, the Commonwealth workplace safety regulator, to immediately implement the following:

BusinessSA’s backflip on OHS laws carries short-term gain but long-term risk

Australian business associations have different perspectives on the need to harmonise occupational health and safety laws across Australia but BusinessSA has performed an enormous backflip in only a month on new Work Health and Safety Laws.  In a letter (now a media release) to the industry association’s members, BusinessSA has called on the South Australian Government to defer the laws until a scheduled national review in 2014.  The major points of the letter are discussed below.

Objections to the letter on some of the LinkedIn discussion forums have been voiced by some safety and legal professionals, the principle concern being that all state governments agreed to the initiative of the Council of Australian Governments (COAG) in 2008 to harmonise the OHS laws.  Employer groups, unions and OHS regulators have been closely involved in the harmonisation process.  Other parties, including BusinessSA made submissions.  According to the 2008 submission, these were the six key issues:

  • “Self-regulation: The appropriateness of the duty of care, consultative mechanisms, performance-based (as opposed to prescriptive) regulation, and education/training in facilitating an effective (self-regulating) OHS system.
  • Causality and uncertainty: Can, and should, governments attempt to regulate with respect to potential future hazards, given the enormous pace of technological change and uncertainty relating to that change and where causes of Continue reading “BusinessSA’s backflip on OHS laws carries short-term gain but long-term risk”

Strengthening safety decision-making

Any professional sees elements of their profession in other walks of life.  Police notice infringements when they are off duty.  Teachers often continue to instruct or educate when outside of school.  Journalist’s conversations with friends often contain pointed questions.

Safety professionals, commonly, extend safety principles to their own behaviours and lives.  This can sometimes lead to a heightened intolerance of unsafe behaviour in others but also desires that life operated on safety principles.  Today I wondered about the application of the concept of “Reasonably Practicable” in prioritising corporate and personal safety objectives.

I simplified (bastardised, some may say) the Safe Work Australia guideline on reasonably practicable into questions that we should ask in our non-OHS lives but, most importantly, the priority of the reasonable practicable process is retained.  The questions, in order of priority are:

  • How important is it?
  • How harmful could it be?
  • What do we know about it?
  • How can we control it?
  • How much will it cost?

Self-help aficionados may see these as life lessons or criteria that can be applied to many decisions.  I agree to some extent but the priority of the questions is of most importance in the decision-making process because it places the issue of cost last. Continue reading “Strengthening safety decision-making”

Australia’s mining sector progresses safety but without effective accountability

In 2010 the New South Wales Mines Safety Advisory Council (MSAC) released its important Digging Deeper report, proving this industry sector is at the forefront of safety management innovation in Australia.  This month  MSAC provided an insight into “world-leading” safety with its report “Actions for World-leading Work Health and Safety to 2017“.

The report discusses five strategic areas for attention but of more interest is the elements that MSAC believes represents “world-leading WHS”:

Continue reading “Australia’s mining sector progresses safety but without effective accountability”

New research on doctor visits hints at new areas of OHS research

The Institute for Safety, Compensation and Recovery Research (ISCRR) is drawing considerable attention to a recent research report into the actions of patients after medical practitioners ( a general practitioner or GP in Australian parlance) have identified a work-related illness. The research is unique and instructive and indicates areas that require more analysis.

According to the media release on the research:

“ISCRR’s Chief Research Officer, Dr Alex Collie, who conceived the research, said that over 22 per cent of workers didn’t make compensation claims even though their GP had determined that the illness was work-related.” (link added)

Dr Collie continues:

“There are a number of reasons we are seeing work-related conditions not being claimed.. Continue reading “New research on doctor visits hints at new areas of OHS research”

Safety is unlikely to improve without a transformational conversation

As the relevance of Leadership encroaches on the workplace safety discipline, so do supportive concepts and techniques such as transformational conversations.  There is little doubt that such concepts are applicable to improving safety management and worker safety, even if, to some extent, these concepts are old wisdom rebranded into modern lingo.  Safety conversations can, and should, be transformational but don’t think that this type of conversation is new or unique.

Transformational conversations have been integral elements of the language used by  OHS consultants, and small business people, (and frauds) all the time, mostly subconsciously.  By answer the phone or asking “how can I help?” you indicate that you are available to be supportive and helpful. It also throws the emphasis back on the customer/employer to be more forthcoming with information and reinforces that you are not providing/imposing solutions but helping the client to develop or refine the solutions themselves.

This is a crucial element of OHS law that the business community still struggles to appreciate. Continue reading “Safety is unlikely to improve without a transformational conversation”

Bullying Hansard provides hope, despair and extraordinary claims

On 12 July 2012, SafetyAtWorkBlog described Moira Rayner as the “stand out speaker at the public hearing into workplace bullying conducted in Melbourne Australia.  She was always on topic and spoke of her own experience of being accused of bullying.  The Hansard record of that hearing is now available online and deserves some analysis to illustrate Rayner’s points but to also to expand our understanding of workplace bullying and the Committee’s operation.

Moira Rayner

As a representative of the Law Institute of Victoria, Moira Rayner, questioned the existing definition of workplace bullying favoured by Australian OHS regulators and said that the definition requires case studies and examples of workplace bullying so that people understand the application of the definition in reality.  Many case studies are available in the bullying/OHS/HR literature but these are rarely communicated to community except by labour lawyers through bulletins or by media releases from OHS regulators that rarely gain attention beyond the media editors.

Rayner addressed the confusion in the workplace bullying definition from its reliance on “unreasonableness”:

“It seems to me that unreasonableness or the claimed reasonable purpose of the behaviour needs to be, again, spelled out. You hit on the crux of the matter, Madam Chair, when you say that it is Continue reading “Bullying Hansard provides hope, despair and extraordinary claims”

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