Duty of Care – Page 72 – SafetyAtWorkBlog

Prediction on accountability and a political kick in the balls

Responsibility highlighted in green There will be two areas of occupational health and safety attention in the early months of 2014 in Australia – workplace bullying laws and the Royal Commission into Home Insulation Program. The labour law firms are gearing up for a “bumper year” as one said prior to Christmas and the business groups are already lobbying/complaining/whingeing about the workplace bullying laws administered by the Fair Work Commission. However the Royal Commission has the potential for the biggest social and ideological impact so, as the new year begins, I will attempt some predictions of the Royal Commission’s findings based around some of the terms of reference.

Substantial Change

‘the processes by which the Australian Government made decisions about the establishment and implementation of the Program, and the bases of those decisions, including how workplace health and safety and other risks relating to the Program were identified, assessed and managed;’

This paragraph is the one that could have the most long-term effect on governance, due diligence and procurement. There are many suggestions on these issues in the sphere of project management but trying to keep the discussion in OHS, there are some useful comments on the Government procurement of services. Australia’s Federal Safety Commission acknowledges that procurement is an important stage in project design. WorkSafe Victoria’s “handbook for the public sector – health and safety in construction procurement” says

“As procurers, governments can promote better health and safety by requiring projects to include a range of safety measures, such as specifying the safety budget, building layout or the use of certain

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Sex, work, liability and safety

There is a constant tension between occupational health and safety (OHS) and workers compensation. OHS is intended to prevent harm and workers compensation is available for when harm cannot be, or has not been, prevented. In Australia, these two elements of safety are administered by different organisations under different legislation but it is a distinction that baffles many. The recent discussion about a sex-related workers compensation claim illustrates this bafflement to some degree.

This time last year Comcare filed an appeal over a Federal Court decision regarding

“A Commonwealth employee is seeking workers’ compensation for injuries sustained after a light fitting was pulled from the wall of a motel during sex, on a business trip.”

(A good summary of most of the legal proceedings is provided by Herbert Geer.)

The case has received wide media attention mostly for the salacious matter of the case, and some political attention, but the purpose of the appeal, according to Comcare, was

“… to seek a High Court ruling on the boundaries between private Continue reading “Sex, work, liability and safety”

Working at Heights seminar video available

In early September 2013 I was invited to participate in a panel discussion on the issue of working at heights. The “crisis summit” was reported on recently by Marian Macdonald. The videos of this panel are now available through the WAHA YouTube channel and all the separate videos are worth viewing. The video in which I first advocate for a focus on safety is embedded below.

The questions from the floor are included in the last video of the panel discussion. If the issue of working at heights seems dry it is worth looking at the video from the 4.30 minute mark. Several members of the audience take the Workcover NSW representative to task.

Kevin Jones

Hundreds plead with government to save lives while those to blame beg for scrutiny

The article below has been written by Marian Macdonald and is about an event that I recently attended in Sydney about fall protection.

When a plumber perched on the rooftop of a skyscraper clips a safety harness onto the point that anchors him to the building, there’s a one-in-three chance the anchor itself is unsafe. Remarkably, the installers being held to blame are pleading for greater scrutiny of their work from the regulator.

SummitAudience The Working At Heights Association (WAHA), which represents fall prevention equipment installers, today sent a call to action submission (not available online) to the Heads Of Workplace Safety Authorities (HWSA). It follows an industry crisis summit held last month where, with a sea of upstretched hands, hundreds packed into a stifling conference room demanded urgent action from governments. Continue reading “Hundreds plead with government to save lives while those to blame beg for scrutiny”

Always look for the evidence on workplace bullying and make sure it’s local

Boss is Bully On September 9 2013, the Canberra Times published an article by Bill Eddy, entitled “Bullying a practice for the whole workplace to solve“. (The article has been tweeted and referenced several times in the past week in Australia.) Bill Eddy is due in Australia soon to conduct a workshop on workplace bullying. The article has some sound advice on workplace bullying but what caught my attention was the opening line:

“Research indicates that workplace bullying has a more negative effect on employees than sexual harassment, perhaps because there are more procedures in place for dealing with sexual harassment.”

What research? Continue reading “Always look for the evidence on workplace bullying and make sure it’s local”

Workplace bullying can exist in the boardroom

A most curious article about workplace bullying appeared in the Australian Financial Review (AFR) on 11 September 2013. In discussing recent changes to Australia’s Fair Work Act Nick Ruskin of K&L Gates wrote about the broad definition of workplace bullying to be applied:

“…the intriguing thing is that worker is very broadly defined. Its definition, reliant on the Workplace Health & Safety Act 2011, is so wide it could even include the director of a corporation.

In other words, non-executive directors of corporations will have the same ability as a traditional worker to take a bullying grievance to the Fair Work Commission.

We could see a situation in which a company director alleges they have been bullied by another director and seeks early intervention from the Commission.” (emphasis added)

Continue reading “Workplace bullying can exist in the boardroom”

MP wants to close a dodgy loophole but vision is what’s needed

One of the most discussed posts on this blog concerned an insurance company that paid the fines awarded against a company director. The company director had been found guilty of OHS breaches that led to the death of a worker. Yesterday, South Australia’s Deputy Premier and Minister for Industrial Relations. John Rau, said that he will be taking action to close the loophole that allows for this situation. But this is unlikely to succeed and may be a distraction from the more significant issue of new penalties for deterrence.

In a media release, not yet available online, Rau states that

“Insurance should not be the preference over safe equipment and safe workplace standards….

Whilst most employers do the right thing, this dodge effectively means that the incentive for a company to provide a safe environment for its workers is diminished or eliminated.”

Rau’s current strategy for closing this loophole, which is not really a legal loophole at all, is weak. Rau, a Labor Party politician, says that he will bring the matter to the attention of the Federal Minister for Workplace Relations, Bill Shorten. However, Australia is ten days away from an election that the current (Labor) government is tipped to lose.

Continue reading “MP wants to close a dodgy loophole but vision is what’s needed”

Category: Duty of Care

Prediction on accountability and a political kick in the balls

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Sex, work, liability and safety

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Working at Heights seminar video available

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Hundreds plead with government to save lives while those to blame beg for scrutiny

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Always look for the evidence on workplace bullying and make sure it’s local

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Workplace bullying can exist in the boardroom

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MP wants to close a dodgy loophole but vision is what’s needed

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