Analysis of the WorkSafe Legislation Amendment Bill raises concerns

Several readers have expressed curiosity over the WorkSafe Legislative Amendment Bill currently in the Victorian Parliament and mentioned by lawyer Steve Bell last week.  Bell pointed to a couple of issues in the Bill and gave the impression that the Bill was aimed at tidying up some administration.  Several of the issues raised in the Bill deserve contemplation.

The Bill is still not through Parliament.  The next stage of the process will occur on April 5, 2017 but the Minster’s

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Gender diversity and effective decision making

As part of the research for a recent article on Gender and Occupational Health and Safety (OHS) SafetyAtWorkBlog was able to interview Lisa Griffiths, Chief Executive Officer of OzChild and former General Manager Health and Safety at WorkSafe Victoria. Gender equality and diversity may no seem to be an OHS issue but it is a vital element of the legislative obligation to consult and the business imperative of making that decision-making process to be a robust and effective as possible.  Too many past decisions have come from group-think and “yes men” and diversity of thought through diversity of person is desperately needed in modern safety management.

Below are some of the questions put to her, and her responses Continue reading “Gender diversity and effective decision making”

Evidence says don’t rely on manual handling training as it doesn’t work

Everyone knows the safe lifting techniques – keep your back straight, keep the load close to your body and bend your knees – because they have done the proper  training.  Well scrap that training!  According to new guidance from Workplace Health and Safety Queensland (WHSQ):

“The research evidence shows that providing lifting technique training is not effective in minimising the risk of injury from manual tasks.”

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USA joins the red tape review rollercoaster

Melania Trump plagiarised a Michelle Obama speech.  Following the signing of an Executive Order to reform regulations, perhaps President Trump could echo these words from a similarly-themed Executive Order of President Bill Clinton in 1993:

“The American people deserve a regulatory system that works for them, not against them: a regulatory system that protects and improves their health, safety, environment, and well-being and improves the performance of the economy without imposing unacceptable or unreasonable costs on society: – regulatory policies that recognize that the private sector and private markets are the best engine for economic growth: regulatory approaches that respect the role of State, local, and tribal governments; and regulations that are effective, consistent, sensible, and understandable. We do not have such a regulatory system today”

President Trump has set the United States bureaucracy a task that has already been undertaken by the

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The challenges for Trump’s (Plan B) Labor Secretary could be huge and disruptive

Following the resignation of Andrew Puzder, President Trump has nominated Alexander Acosta to be the new Labor Secretary.  The United States media, generally, has been supportive of the nomination particularly in comparison to Puzder. However, there was a particular line in the President’s media conference that may indicate his approach to safety legislation and regulations.

“We’ve directed the elimination of regulations that undermine manufacturing and call for expedited approval of the permits needed for America and American infrastructure and that means plant, equipment, roads, bridges, factories.” (emphasis added)

President Trump’s plans for cutting regulatory red tape was forecast during his election campaign when he stated that regulations:

“…  just stopping businesses from growing.”

President Trump or his Labor Secretary nominees have not mentioned occupational health and safety (OHS) specifically but the

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“Every death is manslaughter”

The South Australian Branch of the Construction Forestry Mining and Energy Union (CFMEU) held a protest rally in Adelaide on 15 February 2017 in response to the political negotiations in Australia’s Parliament about the reintroduction of, what the union sees as, anti-union legislation.  Throughout the rally’s presentations (available online through the CFMEU Facebook page), the issue of occupational health and safety (OHS) was raised and it is worth looking closely at what was said and the broader political and safety context.

The issues to be addressed in the protest rally included Senator Nick Xenophon’s “deal” with Prime Minister Turnbull that the CFMEU claims will:

  • ” Make our workplaces less safe
  • Put more overseas visa workers on our building sites
  •  Cut the number of apprentices in South Australia
  •  Threaten job security and increase casual jobs
  •  Fail to mandate Australian made products on construction sites”

After Joe McDonald opened the rally, the Secretary of the CFMEU SA, Aaron Cartledge (pictured above), spoke about how workers in South Australia had been dudded on safety because the health and safety representatives (HSRs) cannot call on external safety advisers to help them with an OHS matter.  This may be the case but Cartledge’s comments illustrate a common perspective of trade unionists – a reluctance to consider safety management strategies other than those dependent on HSRs.

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Trump, Puzder and workplace safety

Occupational health and safety (OHS) law in the United States has little impact on that of any countries outside of North America. But the response to those OHS laws by US and multinational companies indicates corporate approaches to workplace safety and this can spread round the world.  The anticipated strategy to worker safety under the Presidency of Donald Trump is expected to be harsh, if he attends to it at all.

Brad Hammock, Attorney at US workplace law firm, Jackson Lewis P.C. (pictured right), told SafetyAtWorkBlog that

“There is a dominant view that there will be a weaker OSHA under the Trump presidency. This is driven largely by historical analyses of past Republican administrations and President Trump’s anti-regulatory rhetoric. I anticipate that OSHA will continue to be active, but will emphasis cooperative and voluntary programs over enforcement. In addition, I anticipate fewer large safety and health standards being issued under a Trump presidency. “

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Funding granted to UnionsACT for research

Pages 13-14 of the Australian Capital Territory’s Hansard for December 14 2016 contained a curious discussion on work health and safety (WHS) funding.

The discussion was primarily looking for details on government funding of trade union WHS services. Rachel Stephen-Smith of the ruling Labor Party and responsible for workplace safety stated that part of the financial grant given to UnionsACT is for “undertaking research into work health safety”.  Alistair Coe, Liberal leader of the opposition sniffed a political opportunity and asked:

“…has any of the research which has been undertaken by UnionsACT actually been published?”

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Latest quad bike safety advice is more measured

quad-bikes-children-pdf_extract_page_1SafeWorkSA has released a series of single page safety advices on a range of occupational health and safety (OHS) topics including the use of quad bikes in agricultural workplaces.  The information included and the tone used indicates that the debate over quad bike safety may be settling.

The advice is clear and concise with some new safety perspectives but there are a couple of odd elements. The advice does say that the suitability of a quad bike should be assessed prior to purchasing but doesn’t suggest alternatives.  These options should be expanded elsewhere on SafeWorkSA’s website or farming publications. Continue reading “Latest quad bike safety advice is more measured”

Dummies can equal clarity

ohs-dummies-coverIt took a long time but Wiley has published a Dummies guide on Health and Safety At Work. The lack of an occupational health and safety (OHS) book in this series has always been a mystery particularly when the Dummies” market seems to be, primarily, small- to medium-sized businesses.  This edition is written for the UK market but the vast majority of the book is applicable to any jurisdiction that is based on the original UK OHS laws. But is it any good?

SafetyAtWorkBlog dipped into several chapters of the book to see if it was on the right path.

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