Category: executives

Executive Director says WorkSafe has been reactive on workplace mental health

Ian Forsyth, Health and Safety Executive Director, for WorkSafe Victoria spoke at a breakfast seminar on 7 February 2012.  As a report on what WorkSafe has been doing and what they plan to do in 2012, it was reasonable but there were several issues that raised eyebrows or confused some in the audience.

Workplace Bullying

Ian Forsyth spent some time speaking about the importance of workplace bullying, repeatedly stressing that most calls to WorkSafe about bullying do not fit the definition that would allow WorkSafe to act.  No mention was made of the divergent views on workplace bullying coming through the public comment phase of the draft national code on workplace bullying over the last few months.

Several times Forsyth stressed that there were other avenues for action or appeal on matters that do not fit the WorkSafe definition, such as the Fair Work Ombudsman and other authorities.  This is the reality but the comments provide no real solution to handling the thousands of calls WorkSafe receives on workplace bullying each year.   Continue reading “Executive Director says WorkSafe has been reactive on workplace mental health”

CEO departure has no apparent controversy

Speculation has been rife about the departure of Victorian WorkSafe’s CEO, Greg Tweedly since it was announced on 11 January 2012. Crikey (not available online) has aired questions about Tweedly’s lack of action on workplace bullying which WorkSafe has been accused of not addressing. The Age newspaper has juxtaposed the Liberal Government’s use of $A471 million of WorkCover premiums for consolidated revenue with Tweedly’s departure.

On the workplace bullying issue, Tweedly has said previously that he does not believe that WorkSafe has a toxic work environment. When the accusations were being aired in 2011 it was Tweedly who faced the media, where in the past it would have been more likely for the Executive Director to address these issues. Bullying accusations are highly embarrassing for WorkSafe as they issue the sdvice on preventing bullying at work, however WorkSafe is only one of the many government bodies in Victoria and in other Australian States that have been accused of this hazard. Other instances of workplace bullying reports have resulted in independent inquiries but not so with WorkSafe. Perhaps Tweedly is right and the working environment in WorkSafe is not toxic, or no more toxic than any other government department or authority. Perhaps the critics should be focussing on the problem of bullying in the workplace rather than the workplace, or the executive management, itself. Continue reading “CEO departure has no apparent controversy”

Lawyer says OHS harmonisation has become a shambles

The 28 December 2011 edition of the Australian Financial Review (AFR) (not available online) quotes Australian labour lawyer, Michael Tooma, talking about the harmonisation of workplace safety laws:

“It’s descended into a farce, a shambles – only four jurisdictions are ready for the laws.”

This seems supported by the words of the recently-appointed Workplace Relations Minister, Bill Shorten, who says that the new Occupational Health and Safety (OHS) laws will cover 58% of the workforce. This also equates to 42% NOT being covered – hardly a success for harmony.

Victoria’s WorkCover Minister, Gordon Rich-Phillips, continues to miss the point of national harmonisation by continuing to argue against harmonisation with parochialism. He says that the new laws are very likely to increase the regulatory and cost burden without acknowledging that Victoria has many prominent businesses who operate nationally and will incur increased compliance costs due to his delay in the implementation of the harmonised laws.

The AFR article implies that a major reason for objection is that senior executives, the ridiculously named “C-suite”, will face increased accountability for decisions that affect worker safety. Perhaps, but this increase has been coming for some time and should have been anticipated by the C-suite.

The article also implies that hesitation over these laws comes from the increased accountability of senior public servants and departmental heads. Tooma acknowledges this change:

“To date, heads of departments in the public service have never been able to be held criminally liable under federal laws.”

The public service is going to be a fierce battleground considering that psychosocial issues are so prevalent in this sector. It will be fascinating (and sad) to watch senior executives in government departments being prosecuted under OHS laws for workplace bullying, excessive workloads and the generation of stress. (The size of the challenge may be seen by recent bullying issues in the Australian emergency services, WorkSafe Victoria and WorkCover NSW)

The AFR has been one of the very few newspapers reporting on OHS harmonisation but, not surprising given its specialized readership, it has focused on the business costs of implementation. Rarely has it discussed the positive benefits to safety management or the potential increase in worker safety. Perhaps there are none.

There is little safety innovation in the new laws. If OHS is about preventing harm, these laws are no improvement on the previous.

But then safety has rarely come from laws but from how people react to, or apply, the laws. The debate on harmonisation has been missing the voice of the safety profession in Australia but perhaps that’s because there is nothing new to say. Perhaps the management of safety will not have any fundamental change. It may be that the only change is that the CEOs begin to listen to their OHS advisers. Let’s hope that is enough.

Kevin Jones

Business leader embarrasses himself over PPE

On 7 December 2011, the Adelaide Advertiser newspaper included an article entitled “Hotel chief attacks our nanny state” in which the President of the Australian Hotels Association in South Australia (AHA/SA), Peter Hurley, seems to have been inspired by the same lunacy and misunderstandings as Jeremy Clarkson on matters of occupational health and safety.

The article reports that

“HOTELS Association chief Peter Hurley addressed Premier Jay Weatherill wearing a high-visibility vest yesterday in a provocative protest against a culture of over-regulation.

“It’s the decade of the rise and rise of the fluoro high-vis jacket,” he said, targeting State Government SafeWork SA. “An audit visit from Work Safe SA (sic) is the only thing that makes you wish you were at the dentist having root canal work.”

He said he had been told drive-in bottle shop staff had to wear high-visibility vests.

“Then the guy delivering bread started arriving in high vis. What took the cake recently was the bloke who tops up the condom vending machine arrives, gets out with his case of rubbery delights, resplendent in a high-vis vest. Maybe the topless waitress is next?””

As the opportunity for the comments was the AHA/SA Christmas function and the association developed its influence through alcohol, one could excuse Hurley’s comments as inspired by the event but he produced a fluorescent vest as a prop so his comments appear premeditated. Continue reading “Business leader embarrasses himself over PPE”

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”

Australian politician jumps on possible OHS concession from Government

Politics has again entered the OHS harmonisation debate in Australia.  Federal Workplace Relations Minister, Chris Evans, issued a statement on 10 November 2011, part of which that has been pounced on by the Opposition and slightly twisted by the online media.

“Senator Evans also announced that transitional arrangements for the model OHS laws have been developed by Safe Work Australia to assist businesses to move to the new harmonised arrangements.

“The transitional arrangements will apply to the model OHS Regulations and provide delayed commencement of up to 12 months or more where the new laws result in a new or significantly different set of duties,” Senator Evans said.

“The developments of sensible transitional arrangements are part and parcel of any new laws.”

The Shadow Minister for Workplace Relations, Eric Abetz, quickly responded with a media release of his own.

“Minister Evans has today conceded that businesses will be able to delay implementing new national health and safety laws by up to 12 months if the regulations result in them having to undertake significant change.  Given that almost every business will have to make significant change, this is the Minister’s back door way of delaying the laws implementation.”

It is important to read the entirety of Senator Evans statement as it reiterates some of the points that SafetyAtWorkBlog reported on several weeks ago.   Continue reading “Australian politician jumps on possible OHS concession from Government”

Victorian Government may be a hurdle in OHS harmonisation

SafetyAtWorkBlog has been receiving several requests for information about the introduction of the model Work Health and Safety Bill into the Victorian Parliament.  As the new laws have been “modelled” on the recent Victorian Act, some thought the introduction of the Bill could be undertaken early.  Others, for the same “modelling” reason, argued for delay.  On 12 September 2011, Victoria’s Assistant Treasurer, Gordon Rich-Phillips, has spoken in favour of delaying the date for enacting the laws past 1 January 2012.

Rich-Phillips is basing his position of the continuing lack of a regulatory impact statement (RIS) for the laws, a delay that has also caused concerns on various OHS discussion forums over recent months.  His demand to know the “costs and benefits” of the laws is not unreasonable however the RIS is only about the impact of the regulations and not the harmonisation process as a whole. Continue reading “Victorian Government may be a hurdle in OHS harmonisation”

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