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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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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Analysis needed on new workplace bullying data

In December 2013 I wrote:

“The Age is correct in saying that claims of workplace bullying are “set to soar”. This has been predicted for some time, even privately by members of the Fair Work Commission, but the number of claims does not always indicate the level of a problem.” (link added)

Recently the Fair Work Commission (FWC) released its

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Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014

IWMD 2014 01A short time ago the International Workers Memorial Day commemoration in Melbourne, Victoria, concluded. The ceremony was less sombre than in previous years with, it seemed, fewer families and relatives of deceased workers.  Certainly there was no speech from a family member, nothing from workplace safety advocates other than the three trade union speakers, Meredith PeaceBrian Boyd and Michael Borowick (all pictured right), however there were tears for some in the crowd and wreaths were laid prior to a minute silence.

The politics was reduced this year as there were no noisy protests from the back of a tray truck and no march on Parliament afterward, however politics is never far from the surface of this type of event. Michael Borowick, Assistant Secretary of the Australian Council of Trade Unions  was the more effective of today’s three speakers.  Continue reading “Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014”

Australia’s Construction Code and the Home Insulation Royal Commission

On 17 April 2014, Senator Eric Abetz, Australia’s Workplace Relations Minister, released the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 and supporting guidelines.  This Code is, fundamentally, an industrial relations Code however there is an occupational health and safety (OHS) element that needs to be noted, particularly when considered against the background of the Royal Commission into the Home Insulation Program.

Section 6.2.1 of the Code’s Guidelines says:

“Improving the industry’s WHS&R [Work Health Safety and Rehabilitation] performance requires positive measures that aim for prevention rather than correcting things when they go wrong. This initiative is directed at making WHS&R management an integral part of the organisational culture of companies and enterprises.”

The aims of this section are laudable – “positive” actions, “integrated, pre-emptive instead of reactive – but there are also hints that role of safety in this Code has not been fully thought out.

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Disseminating OHS information should not be optional

Cover of VWA publishing_prosecution_outcomes 2005WorkSafe Victoria has been reviewing a series of enforcement and prosecution policies for some time.  One of these policies set for re-issue relates specifically to the publication of prosecutorial information through its website and media releases and, although the “new” policy is not yet available, it may be worth remembering the previous policy, last revised in 2005.

Media Releases

WorkSafe Victoria’s “Supplementary Enforcement and Prosecution Policy on Publishing Prosecution Outcomes and Other Enforcement Information and Data” (no longer available on-line) says  that

“WorkSafe will release media statements and authorised representatives will grant media interviews, as appropriate, to the print, electronic, and/or broadcast media.” (original emphasis)

The reason behind this mode of dissemination, and others, is outlined elsewhere in the policy:

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The CFMEU should make a case for union OHS representatives

In late March 2014, the Construction Forestry Mining and Energy Union (CFMEU) was fined $A1.25 million over a violent dispute at the Emporium construction site that occurred in 2012.  In its media release about the fine, the CFMEU’s state secretary, John Setka, says:

“The protest at the Myer site in 2012 was about safety.”

Yes and no.  The dispute was about the representation of workers on safety matters, which is a different thing.  Setka goes on: Continue reading “The CFMEU should make a case for union OHS representatives”

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