Where’s the Sarbanes-Oxley for workplace safety?

In 2002, after several corporate collapses, the United States government signed in the Sarbanes-Oxley Act which was intended to establish business practices on accounting and auditing among other aims.  The Western world watched the introduction of this legislation and echoed many of the requirements in their own legislation and corporate oversight agencies.

It is likely in the wake of the global financial crisis that the United States (and Europe to a lesser extent) is entering another wave of corporate regulation or interference, depending on one’s politics.

These laws introduced substantial change to the management of businesses, the disclosure of information and the role of corporate executives.  When will this type of change include occupational safety and health?

Firstly, the United States’ safety professionals and regulators need to accept that their system of OHS legislation and enforcement is not “world’s best practice”.  There are major deficiencies in high-risk organisations and a misunderstanding of safety obligations at the shopfloor level.  These problems exist partly because of the structure and population of the country itself and also because there is so much baggage in its legal system that new perspectives in law are difficult to imagine.

A significant change in OHS law outside the United States is the issue of personal accountability for safety-related decisions.  There are few who complain about the jailing of CEOs and executives for the loss of money (their own and that of others) but there is a real barrier to jailing those same people when their management decisions led to a loss of life. Continue reading “Where’s the Sarbanes-Oxley for workplace safety?”

Post-Disaster PR/Risk Management – Upper Big Branch

A regular SafetyAtWorkBlog reader emailed in a comment this morning that we believe is justified as including it as a post itself.  The Upper Big Branch Mine disaster is out of the news outside of the United States but as the Australian reader shows below, there are important lessons from how this disaster occurred and its aftermath as there is in most disasters.  What needs to occur is for the issues to continue to be discussed and lessons applied.  Some links in the post below have been added.

“I’ve been following the Upper Big Branch Mine disaster West Virginia, in which 29 miners died from an explosion that occurred on 5 April 2010. It appears that the explosion occurred due to a build up of methane and coal dust in the mine.  Records show that, in the weeks leading up to the explosion, some miners had expressed fears for their lives to their families.  One left a note for his family. To my thinking it reads like a suicide note. Continue reading “Post-Disaster PR/Risk Management – Upper Big Branch”

Harmonisation strategy will fail and legal costs for OHS will increase

The Australian Government’s plans to harmonise the country’s OHS legislation will fail.  In the Australian newspaper on 6 May 2010 the president of the Safety, Rehabilitation & Compensation Licensees Association, Dean Stone, said

“Harmonisation was aimed at having the same law in force across the country but it is simply not going to be able to do that…  Each of the companies moving back to the harmonised schemes will need more staff merely to comply with the different approaches.” Continue reading “Harmonisation strategy will fail and legal costs for OHS will increase”

The struggle to achieve cultural change on OHS

In 2008, a New South Wales Parliamentary Committee reported to the Government on problems with that State’s Ambulance Services.  The problems included bullying, harassment and a dysfunctional management.  A review into the Ambulance Services progress on the recommendations two years later has found :

“…the general feedback received from ambulance officers is that despite the new initiatives, little has changed, and significant management and cultural problems remain within the Service. While awareness of the Service’s new policies and initiatives appears to be high, adherence to and application of the policies – particularly by Ambulance managers – appears to be low, or at best, varied.” Continue reading “The struggle to achieve cultural change on OHS”

ACT OHS gains more resources

Change is good.  Change in occupational health and safety laws and regulatory strategies is usually good as well, but some action in Australia is curious.

On 29 April 2010, the Government of the Australian Capital Territory(ACT) established”   a new body called WorkSafe ACT,  according to a media statement from the Attorney General, Simon Corbell:

“The new WorkSafe ACT will perform a crucial function within the ORS [The Office of Regulatory Services part of the Department of Justice & Community Services], and will combine the educational and compliance roles under the Commissioner for Work Safety…. Continue reading “ACT OHS gains more resources”

ACTU industrial officer is new WorkSafe executive

SafetyAtWorkBlog has been informed that Cath Bowtell has been appointed the new executive director of WorkSafe Victoria.  Bowtell’s name may be familiar to some Australians due to her recent contest to be the next President of the Australian Council of Trade Unions (ACTU).

Cath Bowtell is due to take on the position in the middle of 2010. Continue reading “ACTU industrial officer is new WorkSafe executive”

2010 International Day of Mourning

Tomorrow, 28 April 2010, is the International Day of Mourning, a remembrance  day for those who have died at work.  In Australia most of the focus will be on the memorial event in Sydney as the majority of trade union leaders are in the city for the ACTU Organising Conference.  This has the potential to leave events in other capital cities muted as second string trade union leaders are likely to host events.

Tasmania’s trade union movement has chosen to replace a fixed geographic event with a mini-event in workplaces.  Its poster is on the right.  Workers are encouraged to

  • “Wear a wristband as a sign of respect to those who have died at work
  • Hold a minute’s silence in remembrance”

A list of Workers’ Memorial Day events in Australia is available through the ACTU website. Continue reading “2010 International Day of Mourning”

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