culture – Page 70 – SafetyAtWorkBlog

A sport’s culture of excessive alcohol at work functions

Each November safety publications carry guidances and warnings about unacceptable conduct at company Christmas parties. Often these warnings are around moderating alcohol consumption and showing due respect to others. One of the most recent legal advisories was issued in late-2008 by Maria Saraceni of the Australian law firm, Deacons.

This week in Sydney the National Rugby League (NRL) faced its latest controversy when Brett Stewart of the Manly club was charged with sexual assault at a work function. The NRL today issued harsh penalties on both Stewart (five match ban) and the club ($100,000). To understand the context of the penalties and the media hoo-hah surrounding this it would be necessary to look at the many instances of assault and abuse associated with rugby league, and other male-dominated sports, in Australia.

The issue has remained largely on the sports pages of the newspapers except in New South Wales. The fact that a sporting club was involved and a sport with a sad history in this area has dominated reporting and the OHS, safety management and employer liability angle has been lost in the rush.

The NRL media statement (no direct link available), quoted in part by the ABC, shows that the NRL CEO, David Gallop, is well aware of the safety management issues.

“Brett could not have been in a more high profile position of trust for the game on the eve of a season than he was last week and we believe he should have recognized the honour that he was given and the responsibility that went with it,” NRL Chief Executive, Mr David Gallop, said today. “By any estimation there was an abuse of alcohol in the aftermath of a club function that has led in some part to the game being placed under enormous pressure.

“The players and the clubs need to know that we are not going to accept that.

“The Manly club has today delivered its report into the function and the measures simply weren’t sufficient to stop drinking getting out of hand in the case of some of the players. Brett was both refused service of alcohol and asked leave the premises.”

Section 20 (2) of the NRL Code of Conduct which states:

“Every person bound by this Code shall, whether or not he is attending an official function arranged for the NRL, the NRL Competition, the Related Competitions, Representative Matches, the ARL Competitions or a Club, conduct himself at all times in public in a sober, courteous and professional manner.”

Peter Fitzsimmons explains why the general conduct of rugby players needs changing.

“They [rugby league clubs] must fix it because they are a powerful tribe within our community, and that community has had a gutful not just of the atrocities, but of the NRL promising to fix it, to educate them, to discipline them, blah, blah, blah, year after year, with no results.”

Kevin Jones

Is there a Mars safety and a Venus safety?

A research paper released last month in Germany caught my attention even though it does not relate directly to research undertaken in a work environment.

There seems to be an established train of thought that men and women choose to take risks based on some sort of gender criteria.

Alison L. Booth and Patrick J. Nolen have published “Gender Differences in Risk Behaviour: Does Nurture Matter?” They researched risk behaviour along gender lines in secondary education, a different sample choice to other researchers who mostly looked at their university students. Booth and Nolen found

“…gender differences in preferences for risk-taking are sensitive to the gender mix of the experimental group, with girls being more likely to choose risky outcomes when assigned to all-girl groups. This suggests that observed gender differences in behaviour under uncertainty found in previous studies might reflect social learning rather than inherent gender traits.”

Gender studies are fraught with ideological baggage and it is a brave person who chooses this line of study, as I learnt through studying sociology and Russian literature at university (but that’s another story).

The full report is heavy going for those with no sociology background but the research flags an issue that could be useful to pose to the growing band of workplace psychologists and culture gurus – what are the gender-based variations in unsafe behaviours in the workplace?

Could the available research mean different safety management approaches in workplaces with different gender mixes?

When people talk about workplace culture, could there be a male culture and a female culture? (We certainly refer to a macho culture in some industries) In other words, is there a Mars safety and a Venus safety?

Workplace safety tries hard to be generic but has variations based on industry types. Perhaps we should be looking more closely at the demographics of these types and varying our safety management approaches?

Kevin Jones

Company directors and OHS obligations

Since the final report of Australia’s Review into Model OHS Law, discussion has been remarkably quiet. The ACTU was scheduled to meet for discussions on the report last Monday and no public statements have been made. Most of the labour law firms have been quiet also. It is fair to say that most are trying to digest the 480 page report.

But one employer group has provided an opinion piece in the business pages of The Age newspaper on March 2 2009. The article says little that is new but it is mischievous in some of its comments.

John Colvin, CEO of the Australian Institute of Company Directors, writes of his concerns about increased exposure for the Institute’s members. Colvin is concerned that upcoming OHS laws may be unprincipled and counterproductive.

The Model OHS Law report has said that it supports the statement of OHS principles as are already in place in the Victorian OHS legislation. According to WorkSafe Victoria

“The Act sets out the key principles, duties and rights in relation to occupational health and safety. The general nature of the duties imposed by the Act means that they cover a very wide variety of circumstances, do not readily date and provide considerable flexibility for a duty holder to determine what needs to be done to comply.”

These principles are

4. The principles of health and safety protection

(1)    The importance of health and safety requires that employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.

(2)    Persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable.

(3)    Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings.

(4)    Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks.

(5)    Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.

The article is mischievous in a number of areas. Colvin mentions how the current laws vary from state to state. He mentions that

“Some carry personal criminal liability for directors, even where they may not have had any personal involvement in a breach. In some states, they reverse the onus of proof, removing the presumption of innocence, and offer narrow legal defences and limited appeal rights.” (my emphasis)

Colvin is talking primarily about New South Wales, the State that everyone agrees has the OHS law that is most onerous for employers. However, the New South Wales union movement has been remarkably quiet and flexible on the issue of its OHS laws. There has been some rhetoric for the benefit of its members and to retain some ideological “face” but the union movement across Australia is coming to accept the reality of better OHS outcomes from nationally harmonised legislation.

Repeatedly the National OHS Law Review panel stated that it has based its decisions on the structure of the Victorian legislation as, for one reason, it has undergone the most recent legal review. Colvin’s focus on New South Wales OHS law is outdated, reflective, and unhelpful.

Colvin mentions a survey that found

“..more than 65 per cent said the risk of personal liability occasionally made them take an overly cautious approach in the boardroom and another 13 per cent said this happened frequently. Almost two-thirds felt this had inhibited an optimal business decision to a medium to high degree.”

This indicates that the risk of being prosecuted on OHS breaches is being discussed at board level – great result. Whether this translates to the board improving the OHS performance of their company is doubtful as Colvin’s article implies that directors are looking at ways of avoiding responsibility and liability rather than accepting the reality of their OHS obligations and working to improve them.

Colvin says that

“Directors should not be held criminally liable for a company’s misconduct simply because they are a director.”

Directors are not prosecuted for OHS breaches because of their status or position. They are prosecuted because of the decisions that they make and the ramifications of those decisions. If a director is dismissive of OHS issues and palms them off to someone else in the organisation and an incident occurs, should not the director be called to account for why they considered the safety of their workers to be unimportant, even when for over thirty years directors and executives have had responsibility for OHS compliance?

Colvin believes that holding directors accountable implies that directors have more control over the actions of their employers than they do. Current business and management theories promote the position that directors should be more in touch with what is happening on the shopfloor. The theories promote informed leadership and an increased awareness of how the company and its people work, they promote a level of engagement that creates a positive workplace culture and displays leadership. Colvin seems to be encouraging the opposite.

He ends his article with

“More fundamentally, it unfairly treats directors more harshly under the law than the rest of the community.”

He misunderstands the application and aims of OHS law. All people in a workplace have a responsibility to ensure a safe and healthy workplace for themselves, for employees and for members of public on and off their worksites. Directors have more detailed obligations, but not less, because they have control of production and benefit more from the success of the company than do the employees.

Ultimately, Colvin’s article reflects the misunderstanding of OHS that directors and companies have had for decades. Companies need to realise that the best performing companies in OHS, and those with the best productivity, are those that have embraced their obligations for safety and have incorporated the principles within their own culture.

The review into model OHS law has indicated the way of the future and company directors would be well-served to realise this and get on board. Being left behind will benefit no one, especially the shareholders.

Kevin Jones

Workplace health initiatives in unstable economic times

All through the Presidency of George W Bush, safety professionals have been critical of the lack of action on workplace safety. As with many issues related to a new Democrat President in Barack Obama, organisations are beginning to publish their wishlists. The latest is the American College of Occupational and Environmental Medicine (ACOEM).

On 9 January 2009, ACOEM released a media statement which began

“American College of Occupational and Environmental Medicine (ACOEM) calls on the Health and Human Services Secretary-designee Tom Daschle to address the critical link between the health, safety, and productivity of America’s workers and the long-term stability of its health care system and economy as he begins work on the Obama administration’s health care agenda.”

The requested changes could be interpreted as a criticism of what the situation has been under George W Bush. ACOEM says the next government

“must put a greater emphasis on ensuring the health of the workforce in order to meet the twin challenges of an aging population and the rise of chronic disease…”

ACOEM President Robert R. Orford, MD goes into specifics

“…calling on Daschle to focus on preventive health measures aimed at workers that could range from screening and early detection programs to health education, nutritional support, and immunizations.”

The ACOEM reform program is based on the following

“investing in preventive health programs for workers;
creating new linkages between the workplace, homes and communities to reinforce good health;
providing financial incentives to promote preventive health behaviors among workers; and
taking steps to ensure that more health professionals are trained in preventive health strategies that can be applied in the workplace.”

Accepting that one Australian State, Victoria, is considerably smaller than the US (Victoria has a population of around 5,200,000, the US had 301,621,157 in 2007), it is interesting to remember what the Victorian Government proposed (or promised) just on 12 months ago concerning its WorkHealth initiative.

“Over time the program is expected to free up $60 million per year in health costs, as well as:

Cut the proportion of workers at risk of developing chronic disease by 10 per cent;

Cut workplace injuries and disease by 5 per cent, putting downward pressure on premiums;

Cut absenteeism by 10 per cent; and

Boost productivity by $44 million a year.”

[It would be of little real benefit to simply multiple the Victorian commitments by the differential with the US population to compare monetary commitments, as there are too many variable but if the WorkHealth productivity was imposed on the US, there could be a $2.6 billion, not a lot considering the size of President Bush’s bailouts and Barack Obama’s mooted bailout package. However, in the current economic climate, in order to gain serious attention, any proposal should have costs estimated up front and, ideally, show how the initiative will have minimal impact on government tax revenues – an approach that would require.]

In each circumstance there is the logic that unhealthy people are less productive than healthy people. This sounds right but it depends very much on the type of work tasks being undertaken. It is an accepted fact [red flag for contrary comments. ED] that modern workloads are considerably more supported by technology than in previous labour-intensive decades. Perhaps there are better productivity gains through (further) increased automation than trying to reverse entrenched cultural activity.

In late 2008 an OHS expert said to a group of Australian safety professionals in late-2008 that WorkHealth

“is not well-supported by the stakeholders. The trade unions feel it is a diversion away from regulated compliance and that it is going to refocus the agenda on the health of the worker and the fitness of the worker as the primary agenda, which is not what the [OHS] Act is setup to focus on. The employers are basically unkeen to get involved on issues they think are outside their control.”

The expert supported the position of some in the trade union movement that WorkHealth was always a political enthusiasm, some may say folly.

This is going to be of great importance in Australia with the possibility of new OHS legislation to apply nationally but also muddies the strategic planning of any new government that needs to show that it is an active and effective agent of change, as Obama is starting to do. In the US, the public health system is not a paragon and the workplace safety regulatory system is variable, to be polite. Fixing the public health system would seem to have the greater social benefit in the long term, and a general productivity benefit.

(It has to be admitted that the packaging of health care in employment contracts in the US is attractive employment benefit and one that seems to be vital to those who have it. Australia does not have that workplace entitlement but those employers struggling to become employers-of-choice should serious consider it, particularly as a work/family benefit.)

Each country is trying to reduce the social security cost burden on government and it would seem that public health initiatives would have the broader application as it covers the whole population and not just employees, or just those employees who are unfit.

Work health proposals in both jurisdictions need to re-examine their focuses and to pitch to their strengths. Business has enough to worry about trying to claw its way out of recession (even if the US government is throwing buckets of money to reduce the incline from the pit). OHS professionals have enough work trying to cope with the traditional hazards and recent, more-challenging, psychosocial hazards. Workplace health advocates are muddying the funding pool, confusing government strategic policy aims, and blending competing or complementary approaches to individual health and safety in the public’s mind.

Kevin Jones

Update 16 January 2009

More information on this issue is available HERE

Indonesian Mines & Depleted Uranium

As in most professions during time in occupational health and safety, one meets amazing people. One that SafetyAtWorkBlog cherishes is Melody Kemp.

Melody is an ex-pat Australia who currently resides in Laos. As well as working on OHS matters throughout the Asian region she is also the author of the excellent OHS publication Working for Life: Sourcebook on Occupational Health for Women, a free download.

In 19 December 2008 Melody had an article printed in Asia Times Online concerning the social impacts of a proposed mine on the small Indonesian island of Lembata. In this era of corporate social responsibility, safety professionals have a broad brief which covers many industrial, corporate and environmental responsibilities and it is often company behaviour in far-flung outposts of the corporate structure or the world that indicates a clearer picture of corporate and safety culture.

Melody’s article is highly recommended for those with a social conscience, for those in the mining sectors and for those whose companies have Asian operations.

In 2003, Melody wrote an article on the health risks of the use of depleted uranium for Safety At Work magazine (pictured below). That article can be accessed HERE.

Kevin Jones

Workplace Choirs

As workplaces approach the winter break or Christmas, there will be in increase in communal singing. One Australian has started to establish workplace choirs.

Tania de Jong makes some good arguments about the benefits of greater worker contact and understanding through communal singing. It sounds logical and I am sure there is evidence to show positive benefits, just as there is to show the stress management benefits of laughing.

There are parallels everywhere with this not-wholly-original concept and one I am reminded of is the Fortune Battle of the Corporate Bands. (Maybe the economic downturn will cause an increase in trios and duets)

I foresee lots of niggly problems such as the singing of religious songs during Christmas, and singing ironic songs that obliquely criticise corporate strategies and performances. I can think of many and ask that SafetyAtWorkBlog readers suggest others through comments below.

Suggestions already include

Money, Money, Money – ABBA

I Wanna Be a Boss – Stan Ridgway

Nine to Five – Dolly Parton

Kevin Jones

OHS impact of the Fair Work Australia Bill

Over the next few weeks, many Australian law firms are running information seminars on the government’s Fair Work Bill. This legislation will change the way that workplaces are managed, particularly in the area of personnel management.

The overlap with OHS will come through the increasingly contentious issue of “union right of entry”. Frequently unions request access to a site in order to investigate an OHS matter. This is a legitimate part of the tripartite consultative structure that underpins workplace safety.

Given that the National Review into Model OHS Law has already flagged Victoria’s OHS Act as a useful template, it is worth noting that Victoria went through the same right-of-entry concerns in the development of its 2004 OHS Act as the Fair Work Bill is generating now.

Victoria established a system of licensed union OHS delegates through the Court system in 2005. Earlier this year the CEO of WorkSafe Victoria, John Merritt said

the ARREO system had been working well since it was introduced in mid 2005.

Mr Merritt said only eight matters involving ARREOs have been reported to WorkSafe since this section of the Act (Part 8 – Sections 79 to 94) took effect in mid-2005.

In seminars prior to the 2004 Act, workplace lawyers, some who have gained considerable prominence since, warned that “the sky was going to cave in” once unions gained this level of access. It didn’t, but the law firms gained some new clients. This type of scaremongering is being repeated currently in the Australian press at the moment.

Yes, under the Fair Work Bill, unions can access a broader range of company data than ever before, including salary information of senior executives, as asserted in The Australian Financial Review, but there are considerable safeguards and limitations in place within the legislation. These safeguards have worked in relation to Victoria’s OHS laws and they will in industrial relations.

In terms of safety management, the establishment of a cooperative relationship with employees is the best way to minimise union involvement. It is also the best way to minimise the visits of the OHS regulators.

Remember that those who complain loudest are those with the most to fear.

Kevin Jones

Category: culture

A sport’s culture of excessive alcohol at work functions

Like this:

Is there a Mars safety and a Venus safety?

Like this:

Company directors and OHS obligations

Like this:

Workplace health initiatives in unstable economic times

Like this:

Indonesian Mines & Depleted Uranium

Like this:

Workplace Choirs

Like this:

OHS impact of the Fair Work Australia Bill

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: