Muddled talk is not helping OHS

A short discussion* in Tasmania’s Parliament on 16 September 2015 is illustrative of the use of language to answer a question, just not necessarily the question asked.  This type of political language has existed for centuries and will continue to do so but it contributes to people’s confusion about occupational health and safety (OHS) and the regulators’ role in enforcing OHS laws and should be called to account.

The question was asked by Independent Kerry Finch to Attorney-General Dr Vanessa Goodwin.

“Is the Government concerned about the rundown in staff for the WorkSafe program? Is the Government aware that there are only a reported 19 field inspectors, when it requires between 27 and 30 for the program to work efficiently? Does the Government plan to recruit more field inspectors for WorkSafe?”

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Drug and alcohol testing amendments may weaken safety

Last week the former Workplace Relations Minister, Eric Abetz, informed Australians that amendments had been introduced into the Building Code 2013 concerning drugs and alcohol testing.  However an analysis of those amendments shows that the amendments may not achieve what Abetz promised.

Siobhan Flores-Walsh, a Partner with the Australian law firm, Corrs Chambers Westgarth, has provided the following table that summarises a couple of those amendments. Continue reading “Drug and alcohol testing amendments may weaken safety”

Professional sportspeople are workers, so make them safe

Player Reaches To Catch Ball In Australian Rules Football GameThere is no doubt that football fields are the workplaces of professional football players and their support staff. So they are covered by occupational health and safety (OHS) and/or work health and safety (WHS) laws but what does this mean in relation to OHS regulators, and the sportspeople’s employers? Recently Eric Windholz looked at this particular issue.

Windholz recently published “Professional Sport, Work Health and Safety Law and Reluctant Regulators” in which he states:

“The application of WHS law to professional sport is almost absent from practitioner and academic discourse. An examination of the websites of Australia’s WHS and sport regulators reveals none contains WHS guidance directed to professional sports.” (page 1, references are included in the paper)

The example he uses to show this apparent lack of interest, even by the Victorian OHS regulator, WorkSafe Victoria, is the Essendon Football Club supplements saga.  Windholz writes

“Had these events occurred in the construction, manufacturing or transport industry, for example, it is difficult to imagine WHS regulators not intervening. Yet, WorkSafe Victoria initially was reluctant to investigate choosing to defer to ‘more appropriate bodies’. It only commenced an investigation when compelled by a request from a member of the public.” (page 2)

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Drug and alcohol testing for Australian construction sites

On 18 September 2015 Senator Eric Abetz introduced amendments to the Building Code so that drug and alcohol testing will be required on construction sites.  In his media release he states that:

“The construction industry is a high risk industry where the risks associated with the use of heavy machinery, mobile equipment, working in congested areas and working from heights, are accentuated by the effects of alcohol and drug use.”

Following this argument, would not greater safety benefit be gained by addressing the risks posed by machinery, working at heights and in congested areas?  Drug and alcohol testing will do little to reduce these risks, or more correctly, hazards.  Being impaired may make it more likely for a worker to fall while working at heights but creative and safe design could eliminate the risk of working at heights altogether. Continue reading “Drug and alcohol testing for Australian construction sites”

Inquiry into precarious/insecure work includes OHS

2015 has been a big year for public attention on the exploitation of workers.  In May, the Four Corners program revealed the exploitation of, largely, migrant or illegal workers in the food processing and vegetable growing sectors.  In the last month, 7Eleven workers have featured, also after a Four Corners investigation in conjunction with Fairfax Media.  In both cases, workplace safety has been mentioned but not featured.

In September 2015, the Victorian (Labor) Government released the

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