Category: Duty of Care

Controlling Christmas party risks is a year-round activity

Every year, around this time, law firms and OHS regulators release statements and good OHS advice about the risks of Christmas and end-of-year work parties.  But companies who wait until now to introduce control measures and policies for the risks of occupational violence, sexual harassment and reputational damage have, largely, missed the opportunity to effectively manage these risks.

The need to enforce safe behaviours at work functions is not a seasonal process but one that is integral to the establishment of a safe workplace culture the year round.  This is not to say that a friendly reminder is not useful but, if managed well, it should be nothing more than a reminder.

Of all the OHS advice for parties, Workplace Health & Safety Queensland is most succinct:

The asbestos Triffid goes national

The union campaign on the eradication of asbestos from the island of Tasmania has entered the national political arena in Australia.  On 29 October 2010, the Australian Minister for Workplace Relations, Chris Evans, announced that Geoff Fary, Assistant Secretary of the Australian Council for Trade Unions, will chair the newly established “Asbestos Management Review” (AMR).

The appointment and chairmanship are an acknowledgement that the trade union movement is the major advocate for occupational, public and environmental safety concerning asbestos in Australia.

Fary will be leaving his ACTU role in November 2010 to take up the new position.

One concern with the AMR, even in its early development is the task of raising awareness.  Chris Evans stated that:

“It is critical that we develop a comprehensive understanding of the scope of the problem and set clear targets as to how we address issues relating to awareness, management and removal of asbestos.”

There is the risk of inactivity on any issue that seeks to raise awareness.  As I wrote twelve months ago:

“The asbestos safety advocates should drop “awareness” from the week’s title because awareness equates to “aspirational targets”, former Prime Minister John Howard’s way of promising much and delivering nothing.  Just as everyone accepts that smoking causes lung cancer and climate change exists, people know that asbestos can kill.  Move away from awareness-raising to action.” Continue reading “The asbestos Triffid goes national”

The stress of the wrongly accused

All work is stressful but by educating ourselves and with the support of colleagues and a strong and healthy professional association, it should be possible to function safely.  That is the ideal but reality often seems to fall short.

Recently I was contacted by a person who had heard me speak about workplace bullying and wanted to know what they could do as they have been accused of being a bully.  I contacted the person’s professional association who advised that they have no processes for dealing with those accused of bullying, only victims.  There were few options for the person other than seeking legal advice.

This experience reminded me of how damaging and stressful it can be to be under investigation, regardless of whether the action is justified. Continue reading “The stress of the wrongly accused”

Peter Sandman in Australia

On 22 September 2010, Dr Peter Sandman will be conducting a workshop in Sydney Australia entitled Precaution Advocacy – Risk Communication for Occupational Health and Safety and presented by the  NSW Minerals Council OHS Workshop  .

The NSW Minerals Council says

“This is a rare opportunity to hear from such a world renowned expert in crisis communication, precautionary advocacy, risk communication and outrage management.”

Having corresponded with Peter for many years and having interviewed him for a couple of hours several years back  I can say that I learned much (poor quality audio available HERE).  If I was in Sydney, this would be a must-attend event.  More information on the Sandman workshop is available by emailing the organiser.

For those who have not been exposed to Peter’s lectures and writings, he has a series of articles concerning BP’s Gulf of Mexico problems that are instructive.

Kevin Jones

The cost of not having first aid

On 30 August 2010, WorkSafe Victoria released a media statement about a case in a Magistrates’ Court concerning the death of a worker.  Nothing new in that but in this case first aid gains a prominence that is rarely seen because in this case adequate first aid was not provided.  The uniqueness of the case justifies reproducing the media release in full:

“A Melbourne magistrate has described the failure of a Cheltenham company to seek first aid for a worker who hit his head and later died as ‘outrageous’.

Metal products manufacturer Pressfast Industries Pty Ltd was convicted and fined last week after a 2008 incident where a worker fell over and hit his head on concrete after being struck by a forklift.

The 60 year-old man was later found unconscious at work and died in hospital two days later.

“There was no qualified first aider on site, and the company failed to call an ambulance or seek first aid for the worker,” WorkSafe Victoria’s Strategic Programs Director Trevor Martin said. “The only staff member with first aid training was certified in 1984, and wasn’t alerted until it was too late,” he said.

In handing down his sentence, Magistrate Andrew Capell referred to the company’s decision not to seek help from the first aider, despite the expired certificate, as ‘outrageous’. Continue reading “The cost of not having first aid”

Tooma takes aim at the Environment Minister over accountability

Participants at the 2010 Safety In Action conference and the 2010 ASSE Conference will be familiar with lawyer, Michael Tooma‘s faith in due diligence to improve safety management in Australia.  In the lead-up to his appearance at another Australian OHS conference in October 2010 he has again restated his faith but this largely ignores the changed political context of OHS harmonisation on which the new Work Health and Safety laws are based.

I have mentioned Australia’s current peculiar political position elsewhere.  The uncertainty of Federal politics overlaps and could greatly affect the OHS harmonisation process, or rather, its application.  It seems even more likely that the Labour Governments in Queensland and New South Wales will fall at their next State elections rendering the fast becoming an ideal of OHS harmonisation dead.

Tooma (pictured right) makes no mention of the changed political reality in a recent media release concerning his upcoming conference appearance although he is willing to take a pot shot at the Federal Environment Minister, Peter Garrett, over the lack of accountability over the deaths, fires and injuries that resulted from the botched home insulation scheme. Continue reading “Tooma takes aim at the Environment Minister over accountability”

Teacher stress, resilience and protective factors

Teaching is a stressful occupation.  Any occupation that requires one to not only talk to people but to educate them, is stressful.  Imagine having to do this every week day in front of over twenty people who do not want to be there.  During your lunch break, instead of putting your feet up and reading the paper, you may be required to patrol the inside of a wire fence wearing a fluorescent vest followed by children sucking up or making fun of you.  On days off, you still have scribbled essays to mark or neatly written essays to vet against Wikipedia all the time.  During holidays you travel hours to a remote caravan park on the bend of a river and there will still be a school child who recognises you and keeps saying “Hello, Sir”.

Such can be the life of a teacher but teaching is conducted at a workplace and health at work is a legislated obligation and expectation.  On 23 June 2010, the Tasmanian Government felt the need to clarify some media reports concerning the stress levels of its teachers.  The Education Minister, Lin Thorp, said in a media release that

“… a total of 57 Department of Education employees, including teaching and non-teaching staff, had taken stress leave in the year ending March 2010. This figure is the same as for the previous year. Continue reading “Teacher stress, resilience and protective factors”

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