The Asphyxiation of OHS

Good OHS thinking and practice are being slowly asphyxiated.  By far most suggestions by workers, unions or good consultants for Health & Safety improvements are ‘choked’ by management naysayers and bureaucrats more in touch with their current minister’s moods than workplace reality.  Not choked immediately or blatantly.   In fact, that person may be patted on the back and encouraged to raise more OHS matters, “Yes, mate, good!  Tell us what else we’re doing wrong, very very helpful.  You just keep on telling us”……..  And slowly any significant discussion about OHS problems is suppressed and killed.

The majority of workers in Australia work in small workplaces where (typically) practical OHS programs are regarded by managers as a nuisance, a bit of ‘over-the-top’ nonsense that slows down productivity.  It’s regarded as an irritant of fashion that will pass, like the fashion-related, politically correct things to say. Continue reading “The Asphyxiation of OHS”

Important OHS and legal issues in findings of South Australian Coroner into young man’s death

The debate on OHS laws will be passionate in the pre-election frenzy of New South Wales but the OHS law reform is a national strategy and the safety debate is not asleep in the other States.

On 11 February 2011, AAP ran an article about the long-lasting familial and social effects a horrible workplace incident in South Australia in 2004.  Diemould Tooling Services (fined in 2009) took its appeal against prosecution to the High Court of Australia in 2008 and on 10 February 2011, almost six years after the death of 18-year-old Daniel Madeley, South Australian Coroner Mark Johns has said, at Madeley’s inquest:

“A horizontal boring machine had been operated at Diemould for years in a condition which could only be described as deplorably unsafe. It could have been guarded, but was not. It could have had a braking system, but did not. It could have had an automated lubrication system, but did not.

“Many other things could have been done, but any one of these would have been sufficient to save Mr Madeley’s life….”

Coroner Johns was very critical of SafeWorkSA about its actions following the 2004 death.  The coroner’s findings make for disturbing reading on several issues. Continue reading “Important OHS and legal issues in findings of South Australian Coroner into young man’s death”

Business jumps the gun on OHS, unions hope for the best

As the Australian State of New South Wales approaches its March 2011 election day, the lobbying is becoming more fierce.  In fact,  conservation opposition leader, Barry O’Farrell will need to rein in some of his business colleagues if the lobbying becomes too fierce.

It is widely tipped that O’Farrell will win the election and people are already planning for his ascension.  If the business pressure becomes too overt, it may reduce the size of the landslide win that is being predicted.

For example, prior to the Council of Australian Governments meeting organised by the federal (Labor) government, the New South Wales Minerals Council provides an example of the issue they will be running on through to the election.  CEO Dr Nikki Williams has said in a media release this afternoon: Continue reading “Business jumps the gun on OHS, unions hope for the best”

Death in the workplace guide could have been much more helpful

Workplace Health & Safety Queensland (WHSQ)has released an update of its guidance on how to handle the impacts of a death at work.  “A death in the workplace– a guide for families and friends” provides very useful information for a period when a family’s life will change forever and when thinking clearly will be difficult.

Like many guidances from OHS regulators, this one is very legalistic or procedural.  It explains the roles of police, coroners, OHS inspectors and others but it lacks a humanity that many would find reassuring in such a difficult time.

One of the issues that creates great anxiety is any delay in getting the body of their loved one back.  The Queensland guide discusses organising this through a funeral director but grieving people want a little more information.  The guide would have been improved by simply stating that there may be a delay in returning their loved ones and that a delay of a week is often the norm.

Often families choose not to know the details of the procedures because they are focussing on their loss.  Anyone who has had to organise a funeral after a sudden non-work related death knows how traumatic the process already is and how disruptive it can be to a family, without the involvement of government agencies, police and others.

If the readership of this guidance was families and friends it has the wrong tone.  It provides important information without understanding the context in which such a guide may be read.  WorkCover New South Wales’ guide for families recognises this context with “a word of introduction”. Continue reading “Death in the workplace guide could have been much more helpful”

Good Comcare content on effects of OHS harmonisation

Australia’s Comcare was the first of the OHS regulators to provide an information session on Australia’s attempts to harmonise its OHS laws across many different jurisdictions and industry sectors.  The Melbourne seminar on 7 February 2011 could have been presented better but some useful information was available.

Content – Inspectorate

The most significant OHS information to come out of the event was that Comcare is making a serious attempt to move its enforcement from the investigatory model to inspectorate.  Michael Barnes acknowledged that this will be a considerable culture change for Comcare staff and, by extension, many Comcare clients.  This is a major change of emphasis as illustrated by Victoria’s WorkSafe that went through this exercise over the last five years or so.  This program will take many years to introduce and still more years to be accepted.

Basically the OHS “policeman” will have additional obligations to advise clients on ways to comply with OHS laws.  There has always been a tension when OHS inspectors, who often know the most appropriate control measure in work situations, are bound to not advise as they would be overstepping their authority. Continue reading “Good Comcare content on effects of OHS harmonisation”

Local safety article reflects bigger issues

Workplace safety hardly ever gets a mention in the daily newspapers unless there is a big corporate name involved or a record fine.   Local newspapers often provide more coverage of workplace incidents because the local angle allows for the reporting of the social and familial impact of an incident within days of it occurring.

The 9 February 2011 edition of the Melbourne Times Weekly included a feature article – “Risky Business” by Genevieve Gannon.   The existence of any media mention of workplace safety is of note in itself but Gannon’s article, with assistance from the always-helpful WorkSafe spokesperson, Michael Birt, does not only focus on the fatalities (23 in 2010) but also on the maimings.   Around 70 people had life-threatening injuries in Victoria in 2010 and 20,000 were seriously injured. Continue reading “Local safety article reflects bigger issues”

Only animals should die in abattoirs

The Sunday Age of 30 January 2011 ran an article about the status of workplace safety in some of Victoria’s abattoirs.  The article has some similarities to the landmark investigations by Eric Schlosser into work practices and compensation issues related to meatworks in the United States.

The Sunday Age says that

“(Last financial year [2009/2010], there were 355 workers’ compensation claims in Victoria’s meat industry that required at least 10 days off work, or cost more than $580 in treatment, or both – almost one a day. Nationally the industry’s injury and illness rate remains twice as high as that in the construction industry, and four times the average of all workplaces.”

Many would say that meat work is “inherently dangerous” but in the article lawyer Trevor Monti, contests the perception

”Yes, it’s a difficult industry and the work can be hard,” he says. ”But with proper consideration given to the system of work, the risk of injury can be significantly reduced.”

This is a position with which OHS professionals and regulators would agree.

It is significant that, if the comparative figures quoted above by the Sunday Age are accurate, abattoirs do not receive the enforcement attention that the construction industry receives.  Is it that the construction industry is largely unionised and the meat industry much less so?  Is it that abattoirs are rorting the immigration visa system as asserted by the Australian Meat Industry? Continue reading “Only animals should die in abattoirs”

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