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”

Opinion to HIA based on estimates, assumptions and unverified data

The SafetyAtWorkBlog inbox this afternoon received a document entitled “The Work Health Safety Bill – Review and Economic Impact Estimates” by consulting firm, Hudson Howells.  SafetyAtWorkBlog has been advised that this report was recently prepared at short notice on behalf of the Housing Industry Association (HIA).  It may be one of the documents seen by at least one South Australian Parliamentarian in the  recent debate on OHS harmonisation, as reported in a blog article earlier today.

The document provides some background to the HIA’s claims that the costs of domestic housing may increase by around $A20,000 per dwelling due to the introduction of harmonised workplace health and safety laws in South Australia. Continue reading “Opinion to HIA based on estimates, assumptions and unverified data”

South Australia’s postponement of harmonisation shows the political weaknesses of the process

South Australia’s Parliament has delayed the introduction of its Work Health and Safety (WHS) Act until 2012 by postponing debate on the WHS Bill until February 2012.  The instigator for this action was the opposition (Liberal) parliamentarian, Rob Lucas, who SafetyAtWorkBlog has written about previously.

Lucas has issued a media release that states

“The Weatherill Government has continued to ignore the growing concern from industry organisations about the impact on housing affordability and the costs of doing business. Employer groups such as Business SA, the Housing Industry Association, Master Builders Association, Motor Traders Association, Australian Hotels Association, Civil Contractors Federation, Self Insurers of South Australia, and Independent Contractors Australia are all supporting significant amendments to the legislation…..

“It is also now clear there is no prospect of ‘harmonised’ work safety laws operation in all states and territories. Continue reading “South Australia’s postponement of harmonisation shows the political weaknesses of the process”

Victoria is relinquishing its position of OHS leader in Australia

WorkSafe Victoria “launched” its Work Safe Week on 17 October 2011 with a lacklustre seminar about the future of OHS in Victoria but the quiet tone reflected the peculiar approach to OHS law reform taken by the government.  Disappointingly the Victorian Minister responsible for WorkSafe, Gordon Rich-Phillips, failed to use Work Safe Week as an opportunity to introduce himself to the State’s safety professionals.  His profile is almost non-existent other than his recent media release calling for a 12-month delay to OHS harmonisation, a decision that is likely to do more harm to OHS in Victoria than good.  Perhaps he is waiting to appear at the upcoming WorkSafe Awards dinner.

WorkSafe’s first speaker, Lisa Sturzenegger, provided the, now expected, summary of WorkSafe Victoria marketing statistics and stakeholder perception surveys that we became so familiar with from John Merritt’s tenure as Executive Director, but without the spark.  The message was that Victoria is leading the country in low workers’ compensation premiums and injury rates.  Sturzenegger did continue to tell us what WorkSafe intends to do for the next 12 months but without new legislation, the message was “business as usual”, and the other States will be applying a harmonised OHS enforcement policy, anyway. Continue reading “Victoria is relinquishing its position of OHS leader in Australia”

Religious wisdom on workplace safety

It is rare to visit the Bible when thinking about occupational health and safety but this week Australia’s Uniting Church, its Creative Ministries Network and the United Voices trade union released a report on the working condition of shopping centre cleaners.  In the report “Cutting Corners” there are many references to the Bible’s and the Church’s thoughts and actions on labour issues.

For instance, according to the report:

“…God is ‘against those who oppress the hired workers in their wages, the widow and the orphan’ (Malachi 3:5).”

and

“…the Prophet Muhammad underlined the importance of the just wage by saying, ‘give the employee his wages before his sweat has had time to dry’.”

The Uniting Church has strong arguments to justify its involvement in social equity matters.

“Cutting Corners” was a broad report based on hundreds of telephone interviews with cleaners.  The major safety-related findings of the survey were:

“The key violations borne by shopping centre cleaners constitute a litany of injustices, from low rates of pay, pay that is not commensurate with their Continue reading “Religious wisdom on workplace safety”

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