Workplace bullying – more of the same

In November 2009, a New South Wales Government committee reported on issues concerning bullying.  Much of it concerned school-related bullying but there was some evidence and recommendations concerning workplace bullying of apprentices and trainees.  On 12 May 2010, the Government  responded to the recommendations.

By and large, the responses to the work-related bullying recommendations are uninspiring with the Government exploiting the loopholes left for it in the recommendations.  For instance, the Committee recommended:

“That the NSW Attorney General examine the adequacy of the existing legal framework for bullying related offences, and identify any legislative changes that could enhance the legal protection provided to victims of bullying and cyberbullying.”

The long-winded response is that there is a lot of activity but with no definitive aim.  But then the recommendation did not call for results, only “examine” and “identify” opportunities.

The Committee report is more interesting than the Government’s response due to the access to various submissions on school, work and cyber-bullying but it has quickly become only of historical interest and added to the pile of missed opportunities.

Kevin Jones

Safety leadership and change through informal networks

Australia is behind in many things and in front of the rest of world in others.  A recent visit by Jon Katzenbach, senior partner with Booz & Company, to Australia indicates that we are lagging on the issue of organisational change.

According to an article in the Australian Financial Review (AFR) on 11 May 2010, Katzenbach talks about changing people’s behaviours in companies  by using informal networks and identifying “pride builders”.  The article is not available freely online but the core elements of the article reflect Katzenbach’s thoughts in a 2007 article in Fortune magazine.

Katzenbach discusses the frustration of the CEO Of Bell Canada.  Michael Sabia had tried to change the behaviour of his customer relations staff with top-down leadership techniques but they weren’t working.  Bell Canada needed to look at leadership in a different way and found that there were people in the organisation who staff admired, who instilled a sense of pride in other employees.  As a result behaviours changed, sales and profits increased. Continue reading “Safety leadership and change through informal networks”

Professor Michael Quinlan on Jeff Shaw’s legacy

The Australian newspaper on 12 May 2010 published an article that is an example of the type of article on the passing of former New South Wales Attorney-General Jeff Shaw that SafetyAtWorkBlog expressed concerns over.  For most of the article Shaw’s alcoholism is the focus yet we should not judge a person only by their flaws but by their achievements.

Prof Quinlan

SafetyAtWorkBlog interviewed Professor Michael Quinlan who was closely involved in some of the law reform work that Jeff Shaw instigated in the 1990s when he was the Attorney-General.

Quinlan echoed the opinions of Professor Ron McCallum over Shaw’s commitment to industrial relations and OHS law reform but spoke of a different set of legislation  that Quinlan thinks was an important achievement of Shaw. Continue reading “Professor Michael Quinlan on Jeff Shaw’s legacy”

Important OHS law reformer, Jeff Shaw, dies

Around 15 years ago, occupational health and safety law in New South Wales looked exciting.  The NSW Standing Committee on Law & Justice was  investigating OHS, and not just the laws.  There was a potential for the inquiry to make New South Wales a leader in innovation in this sector.

On 11 May 2010, the news broke that a leading supporter for the review, Jeff Shaw, had died.  Although his legal career ended in controversial fashion, Shaw’s activities in relation to industrial relations and OHS were notable.  SafetyAtWorkBlog looks briefly at Jeff Shaw’s OHS legacy. Continue reading “Important OHS law reformer, Jeff Shaw, dies”

Case study of existing hazards in the new legislative context

Last month Joe Catanzariti of the Australian law firm, Clayton Utz, wrote a short article that links two OHS issues in a manner that others should follow.

Catanzariti made the jump from a prosecution under current New South Wales OHS legislation (according to many the most draconian in Australia) to identify how such a decision would be made under the harmonise OHS law system through the Work, Health and Safety Act.  The perspective needs to be applied more as it assists greatly in transitioning our understanding of “old” law to the new. Continue reading “Case study of existing hazards in the new legislative context”

Harmonisation strategy will fail and legal costs for OHS will increase

The Australian Government’s plans to harmonise the country’s OHS legislation will fail.  In the Australian newspaper on 6 May 2010 the president of the Safety, Rehabilitation & Compensation Licensees Association, Dean Stone, said

“Harmonisation was aimed at having the same law in force across the country but it is simply not going to be able to do that…  Each of the companies moving back to the harmonised schemes will need more staff merely to comply with the different approaches.” Continue reading “Harmonisation strategy will fail and legal costs for OHS will increase”

Treatment of workers from Transocean oil rig

More information is coming to light about the treatment of survivors of the explosion on the Transocean oil rig.  According to an article (and podcast) on National Public Radio on 6 May 2010, company lawyers for Transocean had survivors sign waivers within hours of the disaster.

The article says:

“The form that they made them sign had, ‘I was here when it happened, I didn’t see anything.’ Or ‘I saw this and I was or was not hurt,’ ” says Steven Gordon, a Houston attorney who represents some of the survivors…. Continue reading “Treatment of workers from Transocean oil rig”

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