enforcement – Page 28 – SafetyAtWorkBlog

A new option for avoiding OHS obligations

A major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations. Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of options and mechanisms, such as enforceable undertakings, available to companies in order to avoid a prosecution or financial penalty.

A new prosecution option has recently gained the attention of the Australian Government and one with which OHS professionals should become familiar as it could spread into their field of operations.

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Red tape as a force for good?

“Red Tape” is often mentioned as a scourge on business growth and occupational health and safety (OHS) is frequently mentioned. But this week on Australian radio, red tape was described as a positive. It was a peculiar comment that should be noted in the red tape debate.

On ABC Radio’s AM program on 30 December 2015, in a discussion about vaccinations, Professor Raina MacIntyre, Head of the School of Public Health and Community Medicine at the University of New South Wales, stated: Continue reading “Red tape as a force for good?”

Submission on Labour Hire disappoints on OHS

cover of Ai_Group_LabourHireandInsecureWork__November 2015_Final2 The 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

In 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 Game There 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”

Category: enforcement

A new option for avoiding OHS obligations

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Red tape as a force for good?

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Submission on Labour Hire disappoints on OHS

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Missed lessons from work-related traffic incidents

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Union launches drug and alcohol testing program

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Professional sportspeople are workers, so make them safe

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Enforceable Undertakings on OHS – Good and Bad

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