Duty of Care – Page 71 – SafetyAtWorkBlog

Why all the arguing over a workplace bullying definition?

There have been many calls in Australia for a national definition of workplace bullying. Apparently the definition below that has applied in OHS legislation for over ten years in Victoria is insufficient:

“Repeated unreasonable behaviour directed toward a worker or group of workers that creates a risk to health and safety.”

The definition above was the one used in the first draft Code of Practice on Preventing and Responding to Workplace Bullying produced by Safe Work Australia in September 2011.

The definition was questioned by Moira Rayner, as a representative of the Law Institute of Victoria, at recent public hearings into workplace bullying. Researchers said that a lack of a national definition is a major reason that research in workplace bullying has been so thin.

A quick survey of workplace bullying definitions in Australia is listed below:

“Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which Continue reading “Why all the arguing over a workplace bullying definition?”

Workplace bullying in the police force illustrates the challenges of change management

There are two newspaper reports in Australia on 21 June 2012 about the Victorian Police Force that illustrate a fractious safety culture and a major organisational and ideological impediment to reducing workplace bullying.

The Australian article ” OPI concedes failure against force’s culture” (only available to subscribers) states that:

‘The Office of Police Integrity has conceded it and other corruption fighting measures have failed to root out the entrenched culture of reprisals and mateship in pockets of the Victoria Police that seriously harms the force….”

“The OPI says current law fails to deal with why whistleblowers are targeted. ‘‘The legislated protections against retaliation do not address the root cause of reprisal — a workplace culture of misguided loyalty,’’ it argues. “The protections are individualistic and short-term, tending to ‘look after’ victims and potential victims of reprisal rather than address why reprisal occurs.’’

“Despite the subsequent formation of the OPI and the beefing up of the Ombudsman’s powers, police still struggled to break free of the shackles of loyalty and the so-called brotherhood.’

The Age article, “A fifth of police bullied at work“, reports on a government survey circulated to 14,000 people.

‘The figures, provided to The Age, mean about 1250 of the 4200 police staff who completed the survey have seen bullying behaviour, while nearly 900 say they have been bullied.’ Continue reading “Workplace bullying in the police force illustrates the challenges of change management”

Who would buy asbestos?

A busy mum, two little kids playing on the carpet in the corridor. She is busy pulling out an old gas heater from the cavity in the wall. Dust everywhere. She wants to recreate the old fashioned open fireplace that was there. The job will take a few days, she’s not in a hurry. Then the neighbour asks her gently, “Have you checked, we had asbestos behind our fireplace?” Mum’s blood goes cold. She looks at the kids.

‘Who in their right mind would buy asbestos?’ you may ask. After all the publicity, the growing numbers of tragic mesothelioma sufferers in Australia, the lung cancers, the famous court cases, the Hardies’ debacle.

There are three main ways you can still buy asbestos in Australia. First, a small number of components used in industry and the defence forces still contain asbestos in sealed conditions. For example, a shock absorber in the front wheel assembly of an aeroplane may contain an asbestos gasket. Certain specialised gaskets used in segments of the chemical industry may contain asbestos. The risk to workers and the general public is very small.

Then you can buy asbestos when you purchase gravel made from crushed masonry from demolished buildings that contained asbestos. Some 10 million tonnes of such bricks and concrete are recycled every year in Australia. Continue reading “Who would buy asbestos?”

Favourable progress could be achieved on OHS if the current reality is accepted

The issue of “control” in Australian OHS law continues to be discussed as industry associations bristle against the introduction of Work Health and Safety laws, frequently on flawed or dubious costings.

Australian safety laws have been moving from the prescriptive tradition for decades. This has been due to various reasons including new workplace hazards that cannot be controlled in defined ways, diminished enforcement resources and confused roles in OHS regulators, the change in labour force dominance from blue- to white-collar occupations but, most of all, repeated demands from business associations for increased flexibility and autonomy on managing workplace safety.

Certainly the degree of control has varied from State to State with New South Wales being considered as having the most business-unfriendly OHS laws but most States are now running under a different set of OHS rules and criticizing the current laws by referring to now-repealed OHS laws in the most extreme State of New South Wales, as Ken Phillips does in today’s The Australian newspaper, is almost sophistry. Continue reading “Favourable progress could be achieved on OHS if the current reality is accepted”

Workplace safety and the human condition

Articles and reports about decent work, dignity at work and mental health issues are increasingly appearing on my desktop. Perhaps this indicates a convergence of perspectives to a better understanding of the human imperative in the modern workplace. It may be a realisation of where and how work fits the human condition.

On May 1 2012, the Australian Catholic Social Justice Council (ACSJC) issued a pastoral letter on the “Dignity of Work“. This came across my desk around the same time as I was looking at values-based safety. The parallels between dignity and values-based safety were obvious.

WorkSafe Victoria missteps on its venture with “Candid Camera” approach

WorkSafe Victoria has released a video of an experiment that shows that people will undertake unsafe acts if asked to do so. This video is part of the OHS regulator’s campaign to increase focus on the OHS obligations of supervisors but it has generated serious complaints from safety professionals and advocates.

WorkSafe Victoria has been advised that the video sends “mixed messages” about electrical safety. Safety professionals have decried that the video is meant to be funny with its jaunty whistling soundtrack yet it shows an apprentice pretending to receive a shock. One participant giggles when she realises it is a joke, in the same way people are relieved after being “punk’d” or laugh after seeing the “candid camera” even though their participation was alarming. The video has been described as a “stunt” that fails to illustrate the serious consequences of the action of handling live electric cables. Continue reading “WorkSafe Victoria missteps on its venture with “Candid Camera” approach”

New Tooma OHS book augurs well for the rest of the series on due diligence

Tooma is a leading figure in Australia’s analysis and application of occupational health and safety (OHS) laws. He has also been a regular author for publisher CCH. His latest book on workplace health and safety is entitled “Due Diligence: Duty of Officers”.

The process for harmonisation of OHS laws in Australia continues to be a rocky one but there are some elements emerging that, even if the laws are not applied in each State, will change the way that OHS is perceived in workplaces. The increased involvement and accountability of senior managers has been a prominent concern through the review process and is a valid starting point for this new series of books.

Tooma writes in the Preface that the series is designed for the “busy executive” (Is there any other kind?) as an explanation for the tone and structure of the book. The book is what has been traditionally described as an “easy read”. I take this as meaning a clean, well-spaced font, minimal footnoting and cross-references. There is a good use of graphics and tables but sometimes the short case studies or examples break up the page too much in such a small formatted book. Continue reading “New Tooma OHS book augurs well for the rest of the series on due diligence”

Category: Duty of Care

Why all the arguing over a workplace bullying definition?

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Workplace bullying in the police force illustrates the challenges of change management

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Who would buy asbestos?

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Favourable progress could be achieved on OHS if the current reality is accepted

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Workplace safety and the human condition

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WorkSafe Victoria missteps on its venture with “Candid Camera” approach

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New Tooma OHS book augurs well for the rest of the series on due diligence

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