The synchronicity of safety and environment

There has always been a moral similarity between the occupational health and safety (OHS) profession and the environmental advocates.  One focusses on the immediate safety of humans and the other on the long term safety of humans.  This similarity can create challenges for organisations and industries that have workers in both environmental settings such as forestry and mining.  This type of challenge is currently being faced by Dr Nikki Williams of the Australian Coal Association.

In an article in the Weekend Australian on 10 March 2012 Dr Williams expressed concerns over a Greenpeace campaign against coal mining.  (Significantly the newspaper included no quotes from either Bob Brown of the Australian Greens or from Greenpeace.  ABC News did on on March 6 2012)  She inadvertently compliments the campaigners by saying the campaign shows a “a very high level of planning”, is “sophisticated” and “very detailed”. Continue reading “The synchronicity of safety and environment”

Questions raised about the Victorian Government’s transparency on WorkCover

In December 2011 the Victorian Liberal Government announced the removal of almost $A500 million from WorkCover funds to be placed in general revenue over the next four years.  Some unions were outraged and began a protest petition.  Labor politicians were similarly outraged.

The removal of the funds sounds odd as it is understood that these funds are originally generated through the workers compensation insurance premiums required to be paid by most Victorian businesses.  The funds are then invested to provide a healthy return with the intention that the pool of WorkCover funds is used to support the OHS functions of WorkSafe and its inspectorate and to provide funds to assist in the rehabilitation of injured workers. Logically, the more funds available, the better the rehabilitation services and the better the prospect of people returning to work.

In this context, how come such a large amount can be removed without affecting the level of inspectorate and rehabilitation services?  Does the current success of Australia’s economy really justify this move, even though a large part of that economic health is from States other than Victoria? Continue reading “Questions raised about the Victorian Government’s transparency on WorkCover”

The productivity debate in Australia misses the opportunities presented by wellbeing

At the moment Australian business is campaigning on the need to increase productivity rates in Australian workplaces.  It, with the recent support of some State governments and ideological colleagues, is seeking to achieve this by weakening the recent changes to the industrial relations structure encapsulated in the Fair Work Act.  Fair Work Australiatrade unions and industry associations are primarily focussed on the industrial relations elements of this ideological fight over productivity.
Evidence of the potential productivity and economic benefits of improved occupational health and safety has been missing in the debate yet it is this linkage that Dame Carol Black has been talking about recently in Australia.  It seems there is a keen audience for her perspective in Australia as she will be visiting the country four times in 2012.
At a recent OHS conference in Melbourne one speaker said some OHS positions in the United States are being renamed Occupational Health Productivity in recognition of the importance of wellbeing  in the OHS roles.  Renaming “wellbeing” as “productivity” provides a different context to OHS activities and should better gain senior executive attention as it would be easier to see how this activity fits with traditional operational thinking. Continue reading “The productivity debate in Australia misses the opportunities presented by wellbeing”

Fee For Intervention – a necessary economic evil

WorkSafe Victoria’s Executive Director – Health and Safety, Ian Forsyth mentioned one of the necessary economic choices faced by the UK’s Health and Safety Executive (HSE) when speaking at a breakfast seminar in early February 2012.  He said that HSE is

“…under the pump politically [and] I think they’re either just, or about to, press the button on inspectors charging 133 pounds per hour for their workplace visits……If they find an issue they will be charging the employer 133 quid an hour and they hope to make 10 million pounds out of that”

The concept of fee for intervention (FFI) was new to most in the seminar audience and it needed more explanation and context although the seminar imposed tight time constraints.   Given the economic status of the United Kingdom such cost recovery methods are logical, if unpalatable. Continue reading “Fee For Intervention – a necessary economic evil”

The lobbying for “control” impedes corporate and OHS growth

“When we look at global trends it’s clear that Australia’s labour laws are not the primary cause of the contraction in manufacturing.”

Shelley Marshall, a Monash University researcher and Fair Wear Australia spokesperson made this statement at an Australian Senate inquiry on 2 February, 2012.  The statement, reported in The Australian Financial Review (not available online), was used to illustrate the complexities of outworker protections under the Fair Work Act but it is, occasionally, worth looking a broader context.  If one accepts that workplace safety is a subset of industrial relations laws (as SafetyAtWorkBlog does), Marshall’s comments help cut through some of the recent hyperbole from the industry associations and lobbyists about the significant economic and productivity costs of OHS law reform.

Marshall identified the extension of supply chains as affecting productivity.  The issue of supply chain responsibility has an established OHS context as it relates to the issue of “control”, a matter raised as an objection to the implementation of new Work Health and Safety laws.  Continue reading “The lobbying for “control” impedes corporate and OHS growth”

UK’s approach to OHS reform is flawed by short-term political strategy

England’s Prime Minister, David Cameron, has described OHS as a “monster” in a speech to small business owners on 5 January 2012. It is important to note the PM’s comments prior to his monster reference that have not been repeated in the mainstream press. He refers to

“… a great big machine of health and safety that has built up over years.”

Cameron feels that he needs to address an OHS regulatory system and enforcement strategies that have become too complex for, particularly, small business to comply with. Part of his solution is to exempt the self-employed, in some specific sectors, from OHS laws. This is a questionable decision as it effectively establishes a two-tier safety management regime and sets a precedent for other similar sectors to lobby for an exemption from other, perceived, onerous laws.

It may be that OHS laws in the UK have become overly complicated over time but the role of the media must be considered in that it has focussed on many absurd managerial decisions that have resulted from a skewed understanding of OHS and risk. Frequently the media reports have no relation to OHS laws and all to do with an increasing litigious society and the pursuit of money through, potentially spurious, public liability insurance claims.

In the 5 January 2012 speech Cameron states that

“…the key about health and safety is not just the rules and the laws and the regulations – it is also the culture of fear many businesses have about health and safety.” (emphasis added)

Cameron explains his answer for reducing this fear of health and safety, the capping of fees that lawyers can earn from legal action against businesses on behalf of their clients, usually, employees. There is no fear of health and safety, it is a fear of litigation. Cameron is not on about OHS law reform, his concern is about “unnecessary” litigation costs. This is unlikely to be reduced by cutting the budget of the Health & Safety Executive (HSE) which must reduce services as the HSE resources have been contracting for some time. Continue reading “UK’s approach to OHS reform is flawed by short-term political strategy”

Labor lawyer raises strong concerns over new Work Health and Safety laws

Yesterday morning, Mike Hammond of the Australian law firm, Norton Rose, conducted a seminar on the harmonisation of Australia’s work health and safety laws.  This was the last in the current series of seminars on this topic but Hammond’s seminar differed considerably from previous sessions.  Hammond is clearly less than enamoured with the model Work Safety and Health Act, describing parts of the legislation as “bad law” and asking whether the laws were examples of “social engineering”.

Understandably, these comments generated considerable discussion from the audience of around 50 people.

The crucial nub of Hammond’s concerns was the lack of essential definitions in the model law.  Continue reading “Labor lawyer raises strong concerns over new Work Health and Safety laws”

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