Workplace bullying has a strict and clear definition in Australian occupational health and safety (OHS) laws:
“…repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.”
According to Mr Peter Katsambanis, a Liberal Party member of the West Australian Parliament, the slashing of tyres, paint damage on a car and an exploding tin of baked beans is a
“terrible issue of workplace bullying”.
On 26 May 2017, NT WorkSafe announced that Austral Fisheries Pty Ltd was charged over health and safety breaches that resulted in the electrocution of Ryan Donoghue. Enforcement of occupational health and safety breaches should be welcomed but Donoghue died in 2013! Why so long?
NT WorkSafe regret the delay:
“The location of the vessel meant the Australian Maritime Safety Authority, Workplace Health and Safety Queensland and NT WorkSafe potentially had jurisdiction to investigate.”
“The preliminary findings from our investigation were handed to Workplace Health and Safety Queensland after we received legal advice that they had jurisdiction,” Mr Gelding [Executive Director of NT WorkSafe] said.
Workplace Health and Safety Queensland completed their investigation on 3 March 2015 and decided not to prosecute. The Northern Territory Coroner held an inquest into the accident in April 2016 and referred the matter to NT WorkSafe for consideration.
Why so long? Jurisdictional arguments and enforcement variation. But didn’t Australia establish a National Compliance and Enforcement Policy in 2011? Yep,
The court case between the Federal Chamber of Automotive Industries (FCAI) and WorkSafe Victoria has been resolved and, according to both parties, they both won. According to WorkSafe Victoria:
“The Supreme Court proceeding issued by Honda, Yamaha, Suzuki and other quad bike manufacturers against WorkSafe Victoria was dismissed just prior to a trial that was listed to commence yesterday.
The manufacturers had wanted the Supreme Court to rule that WorkSafe’s public announcements about quad bike safety were unlawful. The challenge has been dismissed and will not proceed to trial.”
According to FCAI’s media statement:
“In the Supreme Court proceedings, WorkSafe Victoria specifically declined to pursue a claim that the fitment of an OPD is an appropriate way of reducing the risks to operators of an ATV overturning. It has produced no data or other evidence to support its claim that OPDs will “save lives”.
The revisions now made by WorkSafe Victoria are welcomed by the ATV industry as an important clarification to correct previous reporting that, as a result of its March 2016 announcement, OPDs had become mandatory on Victorian farms. That was not the case, as WorkSafe Victoria has now acknowledged, as a result of the legal proceedings taken against it.”
On May 18 2017, Australia’s Senate Education and Employment Committee held a public hearing for its inquiry into Corporate Avoidance of the Fair Work Act in Melbourne Australia. Executives of Carlton United Breweries (CUB) were the first to appear, ostensibly, to reiterate and answer questions about its submission. The Chair of the Committee, Senator Gavin Marshall, had different expectations and stated he would be asking about a passionate, long and contentious dispute at CUB’s Abbotsford brewery in 2016. Quotes from a CUB diary of events, mentioned by Senator Marshall, seemed to catch the CUB executives unaware.
Senator Marshall quoted from a CUB Manager’s diary asking what was meant by “Shooting the shit out of them”. The atmosphere in the hotel function room changed. Continue reading ““Shooting the shit out of them””
Every government releases a great deal of information, particularly around budget time and occupational health and safety (OHS) funding often gets missed in the overviews and media discussion. The Victorian Government’s budget papers (Budget Paper No. 3 – Service Delivery) for 2017 included A$3 million to the Department of Health and Human Services (DHHS) for
“Addressing occupational violence against health workers and workplace bullying” (page 78)
There is no doubt that such funding will help improve OHS but it also seems odd, given some of the recent incidents and riots, the corrections and prison services received no specific OHS funding. The introduction of “a trial of independent workplace facilitators” is also intriguing.
Continue reading “How will “independent workplace facilitators” improve OHS?”
By Melody Kemp
Asbestos resembles polio. Just when you think it’s beaten, it returns like some ghoul. If you think this is overly dramatic, last year Laos was struck by a polio outbreak. This year we learned that Laos now ranks amongst the globe’s major importers of asbestos. And it’s driven by cynical market forces targeting poorer nations, inadvertently promoted by international aid. Continue reading “Asbestos – out of sight but not out of mind in Asia”
Almost every occupational health and safety (OHS) inquiry by the Australian Government has acknowledged the inadequacies of data on workplace injuries, illnesses and deaths. The 1995 Inquiry into Occupational Health and Safety (Volume 2) (pages 377-378) by the (then) Industry Commission acknowledged the lack of empirical evidence and made up its own. The situation has barely improved.
However a new project by West Australian academic,