consultation – Page 53 – SafetyAtWorkBlog

Compliance or Confidence?

A reader has been inspired by recent articles discussing OHS compliance to contribute their own article on some of the issues raised:

“Compliance”, while being a way forward in OHS, misses the mark. We should ask the question: Why do regulators want compliance anyway?

Compliance, or conformance as is alternatively used, is a means to an end. Not an end in itself. In haste to improve the world via compliance we sometimes forget that.

Compliance presumes that rules laid down by regulators are a “good enough” way to achieve safety. Compliance’s foundation is the minimum-standard. Foundations cannot be anything like the maximum-standard because best practice regulation knowledge backs up our common sense that maximum standards would be bad and expensive. But wouldn’t it be comforting to be able to encourage and get more than just the minimum?

Some who have felt the stick end of compliance might think some regulators believe their rules and guides are the only path to safety. But the fact is that even the best codes & regulations have flaws; they do change. Furthermore, exemptions get provided, position papers and codes of practice get written to fill the gaps. And they get re-written. Sometimes the reasons for a rule are lost in time. Shamefully, sometimes valid reasons never existed. Sometimes rules are written to serve the purposes of some over others or to empower authority. We can know this because COAG and the OBPR have to warn against it. Continue reading “Compliance or Confidence?”

South Australia drops new OHS Bill less than one month after introduction

The South Australian Government has confirmed to SafetyAtWorkBlog that the Work Health and Safety Bill introduced into Parliament on 7 April 2011 has been withdrawn less than one month later.

South Australian politics has been in turmoil since the resignation of the Industrial Relations Minister, Bernie Finnigan, on 22 April 2011. Finnigan presented the WHS Bill to Parliament and had the running of the Bill. The IR portfolio, including this Bill, was given to Patrick Conlon and Conlon decided to withdraw the legislation.

A spokesperson for Minister Conlon has advised SafetyAtWorkBlog the Bill was withdrawn for procedural reasons. Finnigan was in the Upper House and Conlon is in the lower. For Conlon to take carriage of the Bill, it needs to be introduced into the Lower House and that is likely to be within weeks.

Conlon has also decided to take advantage of the situation by allowing South Australians to make representations on any concerns they may have with the legislation.

This delay makes it more difficult for South Australia to meet the deadline for the legislation at the end of 2011 but it also takes a little of the gloss from being the first State to support the national OHS harmonisation process by introducing its own legislation. Continue reading “South Australia drops new OHS Bill less than one month after introduction”

CEOs go undercover over workplace safety

The new initiative of Worksafe Victoria, placing CEOs undercover in their own workplaces, is a major change of direction and should produce a considerable amount of attention.

The online campaign, called The Skeleton Project, ostensibly applies the “Undercover Boss” concept to musculoskeletal injuries (MSIs) and workplace safety more generally. Elsewhere SafetyAtWorkBlog has mentioned that the “undercover Boss” concept is a realisation that CEOs and other senior executives have allowed themselves to become out of touch with the real world working environment of their companies or that the corporate management structure pushes executives into isolation however there are many positives in getting “out and about” as the CEOs in the new campaign do.

Online media slams Workcover SA report

Online newspaper, Indaily, has released a report by DeakinPrime which summarises a November 2010 summit conference on workers compensation. DeakinPrime facilitated the summit

InDaily focuses on the following criticisms, amongst others, from the report:

a silo approach by Workcover
the lack of feedback
injured workers were not the prime consideration of Workcover
politicisation was leading to instability
a disassociated claims management process.

These criticisms are present in the full report but the presence of criticisms should not surprise as the nature of these summits are usually twofold – the creation of innovative solutions and an avenue for complaint. Continue reading “Online media slams Workcover SA report”

Dis-harmonisation over OHS laws

Victoria’s largest OHS conference and trade show has ended. The shadow of the impending harmonisation of OHS laws hung over both events. The OHS message throughout the conference was one of nothing to worry about. WorkSafe’s Ian Forsythe felt that Victoria was well-placed for minimal disruption as the OHS laws in that State had been thoroughly reviewed by Chris Maxwell QC in 2003. Forsythe described the current OHS review as “Maxwell on steroids”, a good line for the conference audience but one that reflects the, often, smug approach of many Victorians to the harmonisation process, an approach not shared elsewhere as shown by a front-page article in The Australian on 9 April 2011.

The Business Council of Australia is concerned about the different interpretations of the laws by each of the states. This has been a possibility from the very start of the reform process because the focus was always harmonisation, not uniformity. Continue reading “Dis-harmonisation over OHS laws”

Brodie Panlock – the catalyst for new bullying/stalking laws

“Brodie’s Law” is gaining considerable attention in the Victorian newspapers in anticipation of the introduction of the Crimes Amendment (Bullying) Bill 2011 in Parliament but it may be unreasonable to label these changes “Brodie’s Law” as, although Brodie Panlock’s suicide and the related court actions were the catalyst for the Bill, the proposed Bill is much broader than workplace bullying and, in many ways, focuses more on stalking than bullying, if there can be a differentiation.

The draft bill will broaden the existing offence of stalking in the Crimes Act to capture types of bullying behaviour and are likely to expand the types of environments in which such bullying can occur. Continue reading “Brodie Panlock – the catalyst for new bullying/stalking laws”

Managerial OHS walk-arounds and D&O liabilities

The latest edition of The National Research Centre for Occupational Health and Safety Regulation’s newsletter lists two new working papers, one from Andrew Hopkins and one from Neil Foster. Both should be obligatory reading.

Hopkins discusses how to increase the value of the “management walk-arounds” an increasingly common key performance indicator for senior executives. Hopkins, naturally, uses the Deep Water Horizon case as an illustration of the flaws in the process but walk-arounds should not only be for large projects.

Hopkins shows that the VIPs had an inadequate understanding of safety. They identified the slips, trips and falls hazards rather than asking questions about the potential major hazards of the facility. This is a common trap for managers and safety professionals, for those with suitable OHS skills, and one that needs to be actively countered. Continue reading “Managerial OHS walk-arounds and D&O liabilities”

Category: consultation

Compliance or Confidence?

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