Category: enforcement

Submission on Labour Hire disappoints on OHS

cover of Ai_Group_LabourHireandInsecureWork__November 2015_Final2The public submission phase for the Victorian Government’s inquiry into labour hire and insecure work closed last week.  Public hearings have occurred this week and will continue in February 2016. One industry association, the Australian Industry Group has released its submission.  Its discussion  of occupational health and safety (OHS) of labour hire workers and suppliers is very disappointing.

Representing Members

The AiGroup says, in its submission that

“The interests of both groups [labour hire companies and users of labour hire], as well as the interests of the broader community, are best protected by ensuring that a competitive market is maintained for the provision of labour hire services, and that impediments to competition are removed.” (page 4)

It could be argued that the competitive market has allowed unscrupulous labour hire suppliers to succeed as they have been offering the cheapest labour.  These suppliers have succeeded, mostly, because there is a ready market for opportunities to maximise profit by reducing the legal rights of workers.  A competitive market may help fix the problem but it is also a problem that it helped create. Continue reading “Submission on Labour Hire disappoints on OHS”

Missed lessons from work-related traffic incidents

Cover of Work-related-fatalities-involving-trucksIn early 2014 a truck driver drove his vehicle into an intersection, collided with a car resulting in the death of four out of five members of one family. The truck driver, Jobandeep Gill, has been sentenced to 10 years jail.  Video of the incident site shows a company name on the side of the van.  It is not possible to determine who Gill was driving for or what his employment status was but, regardless of this, it seems a work vehicle was involved in the death of four people, and therefore occupational safety laws (OHS) may have been broken.

It is accepted by OHS regulators that a truck is a workplace for the driver and that OHS responsibilities of all workers include

“… take reasonable care for the health and safety of persons who may be affected by the employee’s acts or omissions at a workplace…” (Section 25 of the Victorian OHS Act 2004)

On 25 November 2015, Dr Rwth Stuckey stated at an ISCRR seminar that:

“WRR (work related road) crashes [are the] leading cause of traumatic work-related fatality & injury in most westernised countries.”

So why don’t OHS regulators follow-up WRR crashes by interviewing the truck owners or the employers of the drivers?  Perhaps statistics don’t support Dr Stuckey?

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Union launches drug and alcohol testing program

In March 2015, after years of resistance to drug and alcohol testing, Australia’s Construction Forestry Mining and Energy Union (CFMEU) changed its position substantially.  The catalyst for change has never fully been explained but this week, the CFMEU actively promoted drug and alcohol testing at a major construction site in Geelong.

On 22 September 2015 at the

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Professional sportspeople are workers, so make them safe

Player Reaches To Catch Ball In Australian Rules Football GameThere is no doubt that football fields are the workplaces of professional football players and their support staff. So they are covered by occupational health and safety (OHS) and/or work health and safety (WHS) laws but what does this mean in relation to OHS regulators, and the sportspeople’s employers? Recently Eric Windholz looked at this particular issue.

Windholz recently published “Professional Sport, Work Health and Safety Law and Reluctant Regulators” in which he states:

“The application of WHS law to professional sport is almost absent from practitioner and academic discourse. An examination of the websites of Australia’s WHS and sport regulators reveals none contains WHS guidance directed to professional sports.” (page 1, references are included in the paper)

The example he uses to show this apparent lack of interest, even by the Victorian OHS regulator, WorkSafe Victoria, is the Essendon Football Club supplements saga.  Windholz writes

“Had these events occurred in the construction, manufacturing or transport industry, for example, it is difficult to imagine WHS regulators not intervening. Yet, WorkSafe Victoria initially was reluctant to investigate choosing to defer to ‘more appropriate bodies’. It only commenced an investigation when compelled by a request from a member of the public.” (page 2)

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Enforceable Undertakings on OHS – Good and Bad

In 2010 Queensland’s former Attorney-General Cameron Dick said of enforceable undertakings that:

“Enforceable undertakings promote the introduction of long-lasting and more wide-ranging safety changes that would not have occurred under the prosecutorial system that imposes fines after the event.”

Enforceable Undertakings can be a powerful force for improving occupational health and safety (OHS) but they could also be used by employers to forestall investment in OHS and minimise the financial penalties should an incident occur.

Continue reading “Enforceable Undertakings on OHS – Good and Bad”

Is methamphetamine a significant workplace hazard?

The Australian Industry Group (AIGroup)  submission to the Australian Government’s Parliamentary Joint Committee on Law Enforcement inquiry into crystal methamphetamine, commonly known as Ice, has been made publicly available.  The submission focuses on the risks to all workplaces, primarily, by imposing non-work statistics onto the workplace, lumping Ice in with other illicit drugs, and relying on anecdotal evidence. This approach is not unique to AiGroup and can also be seen regularly in the mainstream media but such an important Inquiry requires a much higher quality of evidence than anecdotes.

The submission references a recent Australian Crime Commission (ACC) report into Ice saying it:

“… paints a bleak picture for the community and Australian workplaces. This combined with greater ease of access, including in regional areas, places Australian workplaces at risk.

A key requirement for employers seeking to manage safety risks arising from persons attending work affected by Ice is the ability to conduct workplace drug and alcohol testing.” (page 3)

The ACC report refers almost exclusively to the hazards presented to hospital and emergency staff, not by Ice use by staff, and yet is able to link Ice-affected public to the drug testing of workers. Continue reading “Is methamphetamine a significant workplace hazard?”

ACTU Congress’ draft OHS policies deserve serious analysis

Pages from draft-2015-actu-congress-policies-2015-consolidatedThe Australian Council of Trade Unions (ACTU) commences its 2015 Congress this week.  Each year around 800 trade union delegates meet to discuss changes to policies and to develop or refine strategies. This year the ACTU released its draft policies publicly prior to the Congress.  These policies have a long and strong historical and industrial relations context.  Occupational health and safety (OHS) is an important part of these policies and should spark discussions in the union movement and the OHS profession.

Early in the document, the ACTU states its “bargaining agenda” in which is included

“better work, life and family balance.” (page 7)

Curiously, the ACTU has chosen “better” rather than “safe”.  Better is a more inclusive term but harder to define.  Better for whom?  Better could be better paid or more secure or safer.

Trade unionists often see OHS as being monitored and enforced through the mechanism of the Health and Safety Representatives (HSRs) and would argue that OHS is throughout all the draft policies due to the HSR role but there are more workplaces in Australia without HSRs than with and it is worth considering the policies as independent from the HSR structure, if that is possible..

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