New political challenges for OHS in Australia

This weekend the Australian people voted for the conservative Liberal Party to be the next Federal government.   Workplace safety has been largely absent from the pre-election campaign but when it has been mentioned it has almost always been couched in terms of productivity.  In the next few years, workplace safety issues must be couched in terms of productivity to have any hope of gaining the ear of the new government and, particularly, the ear of Senator Eric Abetz, the most likely candidate for the ministry of workplace relations.

Workplace Bullying

Recent changes to workplace bullying laws which provide a prominent role of the Fair Work Commission are unlikely to be rolled back but Abetz has promised Continue reading “New political challenges for OHS in Australia”

One in three safety devices unfit to save lives

On September 3 2013 I will be on a panel in Sydney discussing issues associated with working at heights. Below is a media release (not yet available online) about the panel and some recent data on working at heights risks. The quotes are mine.

Inaction by policy makers is putting lives at risk and now, says a peak safety industry body, there are the numbers to prove it.

The Working At Heights Association (WAHA) will host a crisis summit on Tuesday at The Safety Show Sydney, where it will reveal that one in three roof anchors are unfit for use. Of the 3245 anchors audited by association members over the last three months, 2260 were deemed unusable.

Part of the problem, says WAHA secretary Gordon Cadzow, has been the lack of awareness of the number of inadequate safety systems on Australia’s rooftops.

Continue reading “One in three safety devices unfit to save lives”

CSIRO bullying case shows the complexity of the issue for all of us

For some time the Commonwealth Science and Industrial Research Organisation (CSIRO) has been plagued with accusations of bullying and harassment.   A researcher began court action in 2011.  An anonymous website “Victims of CSIRO” was established in 2012 and provides a timeline of disgruntlement for back as far as 2002.  In May 2012, Liberal politician Sophie Mirabella, raised the issue of bullying in criticism of the then Prime Minister, Julia Gillard.  In July 2012, Comcare issued an Improvement Notice to CSIRO following an investigation

”thoroughly reviewing the workplace systems relating to the prevention and management of bullying behaviour at CSIRO”.

In September 2012, CSIRO whistleblowers spoke of bullying. The CSIRO Staff Association reported anecdotal evidence of increased bullying and harassment in late 2012.

In August 2013 HWL Ebsworth released the independent report  (the Pearce report) which, according to the CSIRO, found

“no major or widespread issues with unreasonable behaviour or bullying in CSIRO”.

How does that work? Continue reading “CSIRO bullying case shows the complexity of the issue for all of us”

Schoolyard to workplace bullying needs more examination

Australian Academic Press has forwarded a bullying article, written by Stephen May, that links together many of the themes of its authors with the topicality of recent statements on schoolyard bullying by the Queensland Attorney General, Jarrod Bleijie. The statements on schoolyard bullying seem reasonable and bullying at school is an established hazard but extrapolating these to the workplace is a questionable leap. Thankfully Australian Academic Press’ list has workplace bully texts.

“Young bullies who don’t learn why such behaviour is wrong will likely remain as bullies into adulthood.”

This statement reflects a common assumption but fails to consider the dramatically different legislative, organisational, cultural, social and personal differences between school and work. Schools have a different type of duty of care that requires nurturing, encouragement and psychological development. The teachers, the equivalent of managers or workplace supervisors, have more of a mentoring role than exists in most workplaces. The relationships are less Jedi and Padawan and more colleagues or, in some industries, mates.

Continue reading “Schoolyard to workplace bullying needs more examination”

Workplace drug data needs a creative application

Pages from policy talk - workplace alcohol and other drug programs - australian drug foundation - july 2013On 12 July 2013 the Australian Drug Foundation reported that alcohol use is responsible for:

  • five per cent of all Australian workplace deaths, and
  • up to 11 per cent of non-fatal injuries.

These figures should be of great concern to everyone but what if these figures generate no concern and no outrage, and no change?

The significance of the research data above and in the full document – Workplace alcohol and other drug programs: What is good practice? – is not in the research but in the potential responses to the research. Continue reading “Workplace drug data needs a creative application”

Coronial report into insulation deaths slams government actions

This week a Queensland Coroner brought down the findings into the deaths of three men, Matthew Fuller (25), Rueben Barnes (16) and Mitchell Sweeney (22). Each of these men were electrocuted whilst installing foil insulation in the roofs of Queensland houses as part of a Federally funded economic stimulus project during 2009 and 2012.

Since the Coroner’s findings were published on 4 July 2013, the Australian media has focussed its attention, principally, on Kevin Rudd.  Rudd was the Prime Minister and a major motivator at the time for the stimulus package, named the Home Insulation  Program or HIP by the Coroner.  Rudd recently regained the Prime Ministership providing a fresh political newsworthiness to the HIP issues.  But in this attention, the Coroner’s broad findings are often being overlooked. Continue reading “Coronial report into insulation deaths slams government actions”

Insurance over OHS prosecution hits the deterrence effect

In response to proven breaches of occupational health and safety laws, judges usually apply financial penalties to companies and individuals.  These penalties, like all court-ordered punishments are to deter the offenders from re-offending but also to show others the consequences of their actions.  But what if an insurance company would pay for that penalty in return for regular premium payments?  If the offender does not pay the penalty, deterrence is gone.

On 27 June 2013, a company and its director were fined $A200,000 each in relation to workplace incident that resulted in the gruesome death of one man and a near miss for another but the director had taken out a general  insurance policy and the insurance company paid out!!??.  A fine of $A200K awarded but the offender may pay no more than $A10K. Continue reading “Insurance over OHS prosecution hits the deterrence effect”

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