Category: evidence

How can an OHS regulator get the management of its own staff so wrong?

How can an OHS regulator get the management of its own staff so wrong?

In June 2014, a NSW Parliamentary inquiry released its final report into Allegations of bullying in WorkCover NSW, that State’s occupational health and safety (OHS) regulator. The report found that

“…Workcover has a significant organisational problem with bullying.  This problem is a longstanding one and operates at a cultural level.” (page x)

The Committee Chairman Hon Fred Nile MLC, wrote that

“more effective leadership and governance is essential.” (page x)

Longstanding bullying problems?  Problems with leadership and governance?  Many companies and public sector organisations have had similar issues ambulances, police, fire services, research organisations, to name a few, and are working them through. What happened in New South Wales?

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Important safety perspectives from outside the OHS establishment

Real Risk - CoverWhen people mention safety, they are often really talking about risk.  In a similar way, people talk about the absurdity of ‘elf ‘n’ safety when they actually mean public liability or food safety or HACCP.  And when some professionals talk about risk management they mean minimising the cost to the employer or controlling reputational damage.

Recently two books were released that illustrate the limitations of the current Western/patriarchal society’s approach to workplace safety. Dr Dean Laplonge has written about gender and its role in making decisions and Dr Rob Long has written his third book on risk “Real Risk – Human Discerning and Risk“.  Both deserve close reading and that reading should be used to analyse how safety professionals conduct their work, the organisational environment in which they work and the cultural restrictions imposed in their technical education.

Laplonge has written a book out of the extensive research and training on gender issues in the mining industry.  “

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The first Annual Statement on workplace bullying data gets a C+

Recently Safe Work Australia released  its first annual statement on “Psychosocial health and safety and bullying in Australian workplaces“.  This is a terrific initiative but it has a significant flaw – it combines statistical data for harassment and bullying even though they are different hazards, have different remedies, are usually handled by different professions in many organisations, and have different external appeal options.

The Annual Statement itself quotes its origin:

 “The Committee recommends that Safe Work Australia issues an annual national statement which updates any emerging trends of its collated data from each of the state and territory regulators, and the Commonwealth, with respect to psychosocial health and safety generally and workplace bullying specifically“. (emphasis added)

Nowhere in the Annual Statement is there any data specifically addressing workplace bullying.  Bullying is always linked with harassment, contrary to the brief from the House of Representatives Standing Committee on Education and Employment’s workplace bullying report, as I read it.

Continue reading “The first Annual Statement on workplace bullying data gets a C+”

Beyondblue’s latest research report is too narrow

Beyondblue has just released a report into the cost of mental health in the workplace prepared by PricewaterhouseCoopers (PwC) and called “Creating a mentally healthy workplace – Return on investment analysis“. The report is interesting but of limited use for those looking for ways to make their own workplaces safer and healthier with minimal cost.  The Beyondblue  media release claims

“… that Australian businesses will receive an average return of $2.30 for every $1 they invest in effective workplace mental health strategies.

The research, which looked at the impact of employees’ mental health conditions on productivity, participation and compensation claims, also found these conditions cost Australian employers at least $10.9 billion a year.”

The first claim looks attractive but achieving such a return is unlikely unless the company includes the following:

  • “commitment from organisational leaders,
  • employee participation,
  • development and implementation of policies,
  • provision of the necessary resources, and
  • a sustainable approach.” (page iv)

The best chance for the return on investment (ROI) will likely occur in a company that has an enlightened management, “necessary resources” and a leadership that is already likely to have mental health and a safe organisational culture on its agenda.  This is a rare combination which limits the application of the PwC report findings.

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Ministerial responsibility in finance but not in workplace safety

Ministerial responsibility seems to be advantageous in financial policies but irrelevant to workplace safety going by actions by Australia’s political leaders.  This week former senior (Labor) parliamentarians, Mark Arbib, Peter Garrett, Greg Combet and Kevin Rudd, will be fronting the Royal Commission into Home Insulation to explain their lack of due diligence on workplace safety matters.  This is only a week after the Federal (Liberal) Government released a Commission of Audit report that promoted ministerial responsibility.

The popular perspective is that these ministerial decision-makers will be held to account for the deaths of four young workers but this is unlikely to occur because State occupational health and safety (OHS) laws establish a direct OHS relationship between employers and employees and the senior politicians did not employ anyone who was installing home insulation.  The argument at the Royal Commission mirrors the chain of responsibility concept except that in work health and safety (WHS) legislation, government ministers are not covered by the definition of ‘officer’ and therefore have less OHS/WHS responsibility that anyone heading up a company or organisation.

Labour lawyer

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Can Broken Windows Theory help OHS?

There are very few innovations that originate from within the occupational health and safety (OHS) profession.  Most of the change seems to come from the application of external concepts to workplace activities and approaches.  Recently a colleague was discussing how some of the current OHS initiatives mirror the “broken windows” concept which originated in criminology in the United States.  In some ways Broken Windows Theory mirrors OHS positives but it may also reflect some of the negatives or OHS dead-ends.

Ostensibly Broken Windows Theory discusses how attention to small improvements may generate cultural change.  However the improvements introduced seem to have different levels of success depending on the context in which they are applied.  For instance in OHS, a construction site may mandate that protective gloves are worn for all manual activity but if there is a variable level of manual handling risk, the wearing of gloves will be an accepted practice in one area but haphazard in another.  The intention of a mandated safety requirement is to change the risk and safety culture of a workplace but the different levels of risk mean that the requirement can be seen as “common sense” in one area but unnecessary “red tape” in another.

The criminological application of the theory reached its peak in New York City in the 1980s and 1990s.

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Royal Commission and risk registers

Most of the Australian media is waiting for the former politicians to appear at the Royal Commission into the Home Insulation Program later this month but the Commission has not been quiet in its many public hearings recently.  One of the hearings heard evidence that is particularly significant and relates to risk registers.

According to 

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