Duty of Care – Page 79 – SafetyAtWorkBlog

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but most States are now running under a different set of OHS rules and criticizing the current laws by referring to now-repealed OHS laws in the most extreme State of New South Wales, as Ken Phillips does in today’s The Australian newspaper, is almost sophistry.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”

Accuracy on OHS laws, services and products is essential

The following article illustrates how important it is for companies to maintain accuracy when writing a media release about safety laws. The internet allows for inaccuracies to become widely distributed and for these to gain some legitimacy through the re-publication on various OHS, magazine and news websites.

Asbestos Audits International issued a media release in early April 2012 stating the following:

“On January 1st, 2012, new Australian Model Health and Safety legislation came into effect dictating workplace buildings constructed before 2004 must have an asbestos audit. The legislation outlines building owners, building managers and property managers are responsible for these audits. Continue reading “Accuracy on OHS laws, services and products is essential”

What makes a good job? What makes a safe job?

2012 02 13_0002_edited-1 — Dame Carol Black

The High Risk OHS Summit 2012 (why it’s high risk, no one seems to know) started with a bang with a detailed presentation from Dame Carol Black, a major instigator of work health reforms in the United Kingdom. Dame Black was able to provide several case studies and some data that provided a fresh perspective on what work and health and safety means to the British workers. For instance, she stated that of those employed in the UK, 26% are working with a health condition or disability. Black also said that 2.4% are off sick at any one time

Black also adds the personal to her presentations and admitted that she had not been aware of what makes “a good job” until beginning her review over five years ago. It is a terrific question to ask one’s self and colleagues. What makes a good job?

David Gregory of the Australian Chamber of Commerce and Industry also spoke at the conference and, as usually, was very cautious in what he said and how he said it. Continue reading “What makes a good job? What makes a safe job?”

The social context of OHS laws is being poorly handled

Australian lawyer Michael Tooma is mentioned regularly in the SafetyAtWorkBlog, mostly because Tooma is one of the few who consider workplace safety in the broader social context. In The Australian newspaper on 10 February 2012 Tooma wrote that new work health and safety laws being introduced in Australia present

“…a march … into the traditional heartland of the public safety, product safety and professional liability territory, and it brings with it a criminalisation of what was once an exclusively civil liability domain. The new laws did not invent this trend, they just perfected it.”

Right-wing commentators would jump on this and declare “nanny state” but it is vitally important to note that this trend of “protectionism”, or the “compensation culture” as described in the United Kingdom, did not originate in occupational health and safety (OHS) laws. The OHS profession, business operators and workers will need to learn to accommodate and manage this social trend that has been imposed.

Tooma writes that ”

“…we have not had a proper debate about the incursion of the laws into nontraditional areas and its impact on the resources of firms, regulators and ultimately work safety standards.”

The debate may already be over. Continue reading “The social context of OHS laws is being poorly handled”

Category: Duty of Care

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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Accuracy on OHS laws, services and products is essential

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What makes a good job? What makes a safe job?

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The social context of OHS laws is being poorly handled

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