Duty of Care – Page 74 – SafetyAtWorkBlog

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”

Judicial inquiry into insulation dominated by election campaign politics

Australia’s conservative opposition leader, Tony Abbott, has announced that he intends to conduct a judicial inquiry into the government’s handling of the home insulation program (HIP) that resulted in the deaths of four workers in Queensland and New South Wales in 2009 and 2010.

Such a call would, normally, be very welcome but the timing of Abbott’s announcement brings a level of political baggage that weakens his commitment. Continue reading “Judicial inquiry into insulation dominated by election campaign politics”

How good intentions can lead to workplace deaths

The recent coronial finding into three workplace deaths related to an Australian government economic stimulus package in 2009 has muddled the safety profession over the political context and the OHS context of these deaths. But the finding and resulting discussions could be the catalyst for a much-needed analysis of how decisions made with good intentions in Canberra can lead to the tragic personal and shopfloor decisions in the suburbs.

Nanny State

The Home Insulation Program (HIP) could have been interpreted as government “interference” in the market and been badged as “nanny state” economics. However it may be possible to argue that Prime Minister Rudd could have been an economic hero if the Home Insulation Program had continued without any deaths. Continue reading “How good intentions can lead to workplace deaths”

Very useful workplace mental health guidelines released

The Institute for Safety, Compensation and Recovery Research (ISCRR) has released a set of guidelines for the prevention of mental health problems at work. Such guidelines have been sorely required in Australia where workplace mental health problems have become an increasing problem for workers and organisations and workplace bullying dominates the policy landscape. It recommends the development of a mental health and wellbeing strategy that includes the following elements:

“the development of a positive work environment that supports and encourages mental health

balancing job demands with job control

appropriately rewarding employees efforts

creating a fair workplace

provision of workplace supports

effective management of performance issues

provision of training to develop management and leadership skills

supportive change management processes Continue reading “Very useful workplace mental health guidelines released”

Draft bullying code and cultural measurement

Safe Work Australia has released its latest draft code of practice for preventing and responding to workplace bullying for public comment. There are many useful and practical strategies in the draft code but workplace bullying is only a small element of the more sustainable strategy of developing a safe and respectful organisational culture.

The definition in the May 2013 draft code is a tidied up version of the September 2011 definition:

“…repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.”

The lack of difference in these definitions is a real positive given the complaints, primarily, from the business community since 2011. The significance in both definitions is that there must be a direct relationship between the behaviours and health and safety risks. This could be substantially difficult to prove, particularly if , as in most cases, it is the recipient of the bullying who needs to prove this.

Harm Prevention

Consider, for a moment, that this code of practice is used for establishing preventative measures and not just used for disproving a court case, these definitions can help establish a benchmark for creating a safe organisational culture. Continue reading “Draft bullying code and cultural measurement”

No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush

Australian politics is currently embroiled in a dispute generated by a contractor entering the telecommunications pits of the asset owner. Some, or many, of the pits contain asbestos and the contractor’s work, the laying of new fibre-optic cables, may disturb the asbestos. There are many other concerns but that is the nub.

The Australian newspaper has been running on this issue for many weeks but one article in today’s edition called “Taking a dig: will Bill come up short?” (page 9 – online paywall), by David Crowe, caught my attention. Crowe reports that:

“The Australian has been told Telstra chief executive David Thodey wrote to Shorten in December 2009 to argue against his proposal for a ‘‘proactive’’ program to remove asbestos from the company’s pits. Thodey gave three reasons for not proceeding: the cost; the risk of releasing asbestos; and the fact plans for the NBN were in train but had not been locked in.”

I realise that the OHS legislative concept of “reasonably practicable” does not extend to all facets of life but if it were applied to the current asbestos exposure (and I think it could) Thodey’s three reasons given above would be crucial in any potential prosecution, particularly if the reasons in Thodey’s response to Bill Shorten were listed in order of priority. In OHS law, cost is the last element to be considered in determining a reasonably practicable hazard control measure.

Continue reading “No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush”

The practical manifestation of safety leadership

Professor Andrew Hopkins‘ frequent appearances at safety conferences are always fascinating as he does not simply trot out the same presentation each time. He is certainly not a priest with the same 52 sermons each year.

At the Building Safety conference Hopkins spoke briefly about mindfulness but grounded this in how executives and others should inspect a worksite and what questions to ask. He discussed audits also but there will be more on that in another article.

Hopkins insisted that executives should show leadership and begin to satisfy their positive OHS duty and their due diligence obligations by walking their worksites, talking with their workers and, most importantly, listening to the answers. There are no hard and fast rules or guidelines on the frequency of these visits but he said that the executives should NOT be accompanied. Having a phalanx of execs in pristine PPE approaching a work group puts the workers on guard and makes them self-conscious. Continue reading “The practical manifestation of safety leadership”

Category: Duty of Care

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

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Judicial inquiry into insulation dominated by election campaign politics

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How good intentions can lead to workplace deaths

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Very useful workplace mental health guidelines released

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Draft bullying code and cultural measurement

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No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush

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The practical manifestation of safety leadership

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