consultation – Page 53 – SafetyAtWorkBlog

Concerns increase as Australia’s OHS law changes loom

Conference organisers IQPC started its two-day Safety in Design, Engineering and Construction conference on 16 August 2011. The most prominent speaker on day one was Barry Sherriff of law firm, Norton Rose. Sherriff spoke about OHS harmonisation‘s impact on the Australian construction industry.

Over time Australian labour lawyers generally have moved from saying that Victorian companies have little to worry about from the new laws expected on 1 January 2012 to quite alarming suggestions of challenges to do with contractor management and consultation. Part of this modification of advice may be due to the increased analysis of company OHS systems. Sherriff said that he has been surprised how many companies ask for advice about compliance under the new laws and yet are not complying under the existing OHS laws.

On the issue of consultation, Sherriff identified the “coordination of activities” and managing the “flow of information” as a critical element in the new OHS model laws. But he stressed that such obligations have existed in OHS laws in many Australian States for sometime but are now more overtly stated. Continue reading “Concerns increase as Australia’s OHS law changes loom”

Business groups have different stances on harmonisation issues

The politics of the Australian print media may be illustrated by an article in The Australian Financial Review (AFR) (only available through subscription or hard copy) on 27 July 2011 that, essential contrasts yesterday’s article in The Australian.

Today’s AFR article places the Australian Industry Group (AiGroup) and the Business Council of Australia (BCA) in contrast to the ACCI and the NSW Minerals Council over the implementation timetable on OHS harmonisation. Mark Goodsell of AiGroup said in the AFR that all parties have been able to voice their concerns throughout this three year review process:

“So we would be very disappointed if there was a fracturing of commitment to harmonisation or if the timetable was pushed out.”

The objection to an extension of time places AiGroup in opposition to the WA Government’s Commerce Minister Simon O’Brien. Continue reading “Business groups have different stances on harmonisation issues”

Harmonisation timetable stoush

The Australian newspaper has reported serious threats to the Australian Government’s timetable for the harmonisation of OHS laws. A threat to the government’s strategy was always possible from the fact that State government’s were likely to change from predominantly Labor Party States to Conservative parties over the period of harmonisation. The Australian says that the threat is becoming a reality.

Western Australia, an unhappy participant in harmonisation, has begun questioning the deadline of 1 January 2012 for the introduction of harmonised OHS laws. The WA government has been a consistent critic of some of the element s of the process but, to some extent, the latest statement from West Australia’s Commerce Minister Simon O’Brien could be interpreted as a willingness to sign up to the changes if more time for implementation is granted.

O’Brien and the WA government may be receiving some support from political colleagues in Victoria going by the comments from the Victorian Government. In an almost unique acknowledgement of the harmonisation process a spokesperson said:

“The focus of developing a national OHS framework should be not on harmonisation for harmonisation’s sake, but rather on achieving beneficial outcomes, both for the nation as well as Victoria…..In addition, any harmonised national OHS framework must not result in increased compliance costs and more onerous regulations.”

The mention of national interest aligns well with WA’s objections. Continue reading “Harmonisation timetable stoush”

Fatigue dispute illustrates ideological clash

The Australian newspaper reports today (26 July 2011) of a clash between the Construction Forestry Mining & Energy Union (CFMEU) and BHP Billiton over fatigue management. Fatigue management is one of the workplace hazards scheduled for a draft code of practice under the OHS harmonisation process.

The CFMEU believes that the current mining-related guidance is inadequate.

“The Construction Forestry Mining and Energy Union says the government buckled under industry pressure and abandoned plans for binding industry standards that would minimise the risk of workers doing successive 12-hour shifts and then driving long distances on public roads.”

The flaw in the CFMEU’s campaign is that it has been selective in its choice of fatigue documentation. Looking at the industry sector rather than the hazard or risk limits the hazard control options. In the current case the CFMEU is not acknowledging many of the fatigue guidancesand documents that are available from Workplace Health and Safety Queensland or from some of the other States and even from overseas as this Safe Work Australia document from 2006 shows.

In fact the narrow selection of guidance in this instance makes a strong case for greater collaboration in the development of information across industry sectors and State jurisdictions – one of the aims of harmonisation. Continue reading “Fatigue dispute illustrates ideological clash”

Draft mining OHS documents cause concern

The draft OHS documents for mining in Australia seemed like a fairly rudimentary release in Australia’s move to harmonisation of its safety laws but several issues have appeared in the media since the draft’s release.

The CEO of the New South Wales Minerals Council, Nikki Williams, found something other than the carbon tax to discuss during the council’s annual safety conference.

Although her audience is principally NSW miners, Williams does have a national perspective.

“Each State is drafting their new laws individually and using different models. There are missing components and a large number of inconsistencies.

If this process continues unchecked, the prospect of genuine legislative reform that will deliver a world leading mining regulatory framework appears very remote.

“We are deeply disappointed that this has not been resolved and question why the core WHS regulations couldn’t be developed to effectively regulate all mining states.”

In some ways, Williams’ words show a misunderstanding of the laws. The laws are intended to manage mining, not the companies, not the States, not the workers. The safety of the mining process is the target. It is possible to focus on the safety of a process or industry without considering the politics, at the outset. Continue reading “Draft mining OHS documents cause concern”

Managers being closer

The following are some of the processes supposedly used in workplaces to control/eliminate hazards: hazard identification, risk assessment and risk management. These should address the implicit questions of: ‘What?’, ‘How bad?’ and ‘What to do?’

The language then turns to words and concepts like ‘OHS culture’, ‘behaviour-based safety’… and all within some over-arching package referred to as an ‘OHS management system’. These are shown in the diagram below.

But that’s one representation, there are many others. Now ask some simple questions: Given that some 80% of workers work in small to medium workplaces, just how much interest will there be from managers in these approaches?

The single most obvious change I’ve seen in OHS in the last 20 years has been the dramatic increase in the amount and volume of talking about it. It’s clearly not the only change, but the most wide-spread and obvious one. Continue reading “Managers being closer”

Quad bike manufacturers resist the inevitable

Pressure is increasing on the manufacturers of quad bikes in Australia and from a variety of sources.

The Weekly Times newspaper continues, almost fortnightly, to report on the safety debate about the use and design of quad bikes. The 9 June edition has a double-page spread on the issue with many direct quotes from “players” in the debate. The fact that a national rural newspaper has devoted this level of column inches is indicative of the controversy. The Australian metropolitan dailies have not followed this lead but, as we have seen in previous blog posts, major New Zealand papers have covered the issues.

Some Australian government departments are applying the cautionary principle under legislative occupational health and safety (OHS) obligation and have restricted the use of quad bikes pending risk assessments. SafetyAtWorkBlog has heard that one department, New South Wales’ National Parks & Wildlife Service, has passed through the assessment phase and will be fitting Crush Protection Devices (CPDs) to their quad bikes by the end of August 2011.

A source close to the debate has told SafetyAtWorkBlog that

There is an increased likelihood for coroners’ inquests in a number of states;
The quad bike industry has begun formally misrepresenting the value of CPDs in posters, of which several have been provided to quad bike distributors; and
The industry continue to assert that research shows CPDs cause more harm than good but provide no evidence of this. Continue reading “Quad bike manufacturers resist the inevitable”

Category: consultation

Concerns increase as Australia’s OHS law changes loom

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Business groups have different stances on harmonisation issues

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Harmonisation timetable stoush

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Fatigue dispute illustrates ideological clash

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Draft mining OHS documents cause concern

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Managers being closer

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Quad bike manufacturers resist the inevitable

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