Category: government

Flogging a dead horse when it is still alive, though looking poorly

In The Australian newspaper on 24 November 2012, columnist Judith Sloan discussed how the harmonisation of Australia’s occupational health and safety laws are

“a present glaring example of a despot stripped bare…”

Earlier this year, in April, Sloan said harmonisation was dead so one could say she is flogging a dead horse. Some parts of her November article (only available online via subscription) do not seem to be supported by evidence and her terminology occasionally indicates a lack of understanding of occupational health and safety matters.

Sloan rehashes some of the April 2012 article including the image of crying public servants but gives prominence to the inconvenience to some companies under the Comcare scheme. Several years ago some national companies opted out of State-based OHS and workers’ compensation schemes in order to join the only national safety scheme that was available at the time. Part of the reason for this move was that it provided national coverage for national businesses. Some complained because Comcare was seen as having a much smaller enforcement team and that the OHS laws were, somehow, less than in many of the States. This option was provided under a Conservative Government to assist business. The same government instigated the OHS harmonisation process.

Continue reading “Flogging a dead horse when it is still alive, though looking poorly”

Safety is missing from productivity debates

A March 2012 report from Safe Work Australia reminds us that the issue of productivity and safety is not a new ideological battle. The report states that

“In 1995, an Industry Commission study estimated that only 25 per cent of the total cost of work–related injury and disease was due to the direct costs of work-related incidents. The remaining 75 per cent was accounted for by indirect costs such as lost productivity, loss of income and quality of life.” [link and emphasis added]

The significance of this quote is that the Industry Commission (now the Productivity Commission) established a direct link between work-related injuries and lost productivity. The link was not established by an organisation focusing on safety but one that is all about productivity. But none of the safety advocates or lobbyists have entered the political debate on productivity, even though the relationship between safety management and productivity has been established for almost 20 years, at least.

Continue reading “Safety is missing from productivity debates”

The safety role of the Construction Compliance Code Unit

Recently SafetyAtWorkBlog was able to spend some time with the Director of the Victorian Government’s Construction Compliance Code Unit (CCCU), Nigel Hadgkiss. The CCCU and Hadgkiss have been in the Victorian media recently in terms of the CCCU investigation of industrial relations matters in several Grocon construction projects and some discussions with LendLease but an often overlooked, yet significant, element of the Construction Compliance Code is the occupational health and safety obligations. The CCCU has been working on early drafts of a Health and Safety Management Plan (HSMP) with which all those operating under the Code will need to comply.

Many of the questions SafetyAtWorkBlog posed stemmed from a presentation Hadgkiss made at a breakfast seminar on which SafetyAtWorkBlog previously wrote. That article is recommended for background and context.

Nigel Hadgkiss advised that since 1 July 2012 71 companies and associated companies have “signed up” to the Compliance Code with a full awareness that OHS is a key element of compliance.

OHS obligations of unsuccessful tenderers

The Code requires companies tendering for Victorian Government construction work to follow specific OHS obligations, whether they are the successful tenderers or not. In some ways this seem unfair.

Hadgkiss believes that the tenderers to government contracts are well aware of the safety obligations from the outset. From that point they are contractually bound whether they are successful or not.

Continue reading “The safety role of the Construction Compliance Code Unit”

Challenges for WorkSafe Victoria at WorkSafe Week

As part of the annual WorkSafe Week, WorkSafe‘s Ian Forsyth presented the organisation’s OHS strategy to a large crowd at the Melbourne Convention Centre on 28 October 2012.

Harmonisation

Clearly Forsyth anticipated questions about the Victorian Government’s decision not to implement the model Work Health and Safety laws that will exist in all but two States and territories from 1 January 2013. He stressed that the government is adamant that the WHS laws will not be introduced “in the foreseeable future” and therefore Victorians need to refocus on compliance with the existing Victorian laws. He effectively shutdown any discussion on those laws before they started. The laws are off the Victorian table so let’s start working with what we have.

His stance has great significance for Victorian businesses and almost projected isolationism as a positive move. Part of his, familiar, justification was that the model WHS laws were based largely on the Victorian occupational health and safety laws and so there is little need to change, particular if the change would increase the regulatory cost burden to Victorian businesses. Continue reading “Challenges for WorkSafe Victoria at WorkSafe Week”

Devil’s Dust – Australian movie on asbestos and corporate morality

On November 11 and 12 2012, the Australian Broadcasting Corporation will broadcast “Devil’s Dust”, a two-part movie about asbestos in Australia.  This is not a documentary on asbestos-related diseases.  It follows the story of investigative journalist Matt Peacock from the 1970s to the present day in parallel with the corporate machinations of James Hardie Industries and its former CEO, John Reid and the life, times and death of Bernie Banton.

To many Australians, bits and pieces of each of these narrative streams will be familiar but Devil’s Dust illustrates the moral linkages between these streams leading to a powerful story of corporate greed, strength of character and man’s inhumanity to man.  The workplace safety context of Devil’s Dust is obvious – ignoring or hiding information about harm to workers, the management of many workplace risks through allowances and “danger money”.

The television production values depict the times perfectly and for those who know of the asbestos risks, particularly readers of Matt Peacock’s book “Killer Company” which inspired the movie, the opening few seconds summarise major issues in the asbestos story – sacks of asbestos on a truck, cigarette smoking and dust being bashed from work clothes.  Later in the first part, other issues are touched on – the washing of asbestos-contaminated work clothes by wives, asbestos in trains, asbestos in carpet underlay and asbestos used as road toppings. Continue reading “Devil’s Dust – Australian movie on asbestos and corporate morality”

Workplace Bullying Beat-Up

Over the last few weeks the Australian print media has published several articles based on the expressions of concern by some business and employer associations about  Safe Work Australia’s code of practice on workplace bullying.  The latest article was in the Sunday Herald-Sun on 28 October 2012, “Bullying blueprint attacked” (not available in its original form online), which opens with the inflammatory paragraph:

“Workers in cushy jobs will be able to claim compo for being left idle, under national laws drawn up to combat bullying.”

The later online version of the article, by the same writer, Natasha Bita, has a much less aggressive title, “Plan to ban work pranks”, and a revised text.  The “new” opening paragraph says:

“Workers will be able to claim compensation if their boss does not provide them with enough work and office pranks would be banned under national laws to combat bullying.”

This has not stopped Senator Eric Abetz releasing a media statement which states that the workplace bullying code reads

“like something out of the socialist playbook whereby personal  responsibility is thrown out the window and everyone is bound in bubble wrap.”

Senator Abetz is known for these types of colourful statements but the question that should be asked is, why raise these concerns now? Continue reading “Workplace Bullying Beat-Up”

WorkSafe tries a new promotional approach

The increasing prevalence of pictorial social media has generated a surge in organisations generating “infographics” from workplace health and safety statistics Almost always these images are a technique for generating internet traffic through established websites, blogs and other online services. Fundamentally it is stealth advertising for the unwary online user. However, such images have much greater legitimacy when offered by OHS regulators.

In the week prior to its WorkSafe Week 2012, WorkSafe Victoria issued two online infographics as part of a media statement. Both are attractive by their simplicity but the simplicity can also be a problem.

The cost comparison infographic is super general but clearly illustrates that the cost to prevent harm is much less than any fine that may come from prosecution. However, the risk of being prosecuted in Victoria and receiving a monetary penalty seems to be declining as non-pecuniary penalties, such as enforceable undertakings and others, are made available to the Courts.

Fines are only one of the potential costs. An inescapable cost is the cost to the injured worker, the disruption to that worker’s family life, the disruption to the worker’s employer. Continue reading “WorkSafe tries a new promotional approach”

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