Category: government

Off shore drilling safety will change forever

The ramifications for corporate America and particularly, the oil industry, from the Gulf of Mexico oil spill are becoming clearer.  In his 15 June 2010, address to the nation, President Obama stated his financial and operational expectations of BP prior to his meeting the company’s CEO, Tony Hayward on 16 June.

In essence, BP will be required to fund compensation for the families of dead and injured workers and those who are suffering economic hardship as a result of action which the President described as “reckless”.  The distrust of BP was evident by the compensation fund, which is likely to be billions of dollars, being administered by a third party.

But the BP spill has changed the way that oil exploration and extraction will occur in American waters.   Continue reading “Off shore drilling safety will change forever”

What does the Ark Tribe case have to do with workplace safety?

Australian trade unions, particularly those in the construction sector, have strongly supported Ark Tribe in his battle with the Australian Building & Construction Commission (ABCC).  Outside of the world of Australian construction trade union politics, the Ark Tribe issue has been difficult to understand without over-simplifying the issue.

In 2008, Ark Tribe attended a union safety meeting conducted by union organiser Justin Feehan.  The meeting was unauthorised and led to Tribe being called on for an interview with the ABCC.  He refused to attend and legal action has been taken which is likely to be resolved in the Australian courts today.  Tribe faces six month’s jail.

Regularly the saga has been described as one concerning workplace safety.  An unauthorised safety meeting may have been the initial event but the issue passed being an OHS matter very quickly to become one of industrial relations and a cause celebre against the ABCC. Continue reading “What does the Ark Tribe case have to do with workplace safety?”

Lord Young = old approach to OHS

Reviews of OHS legislation by governments are usually keenly anticipated as they mostly occur once a system is broken.  But there seems to be considerable trepidation with the plan announced on 14 June 2010, by the Prime Minister, David Cameron.

Cameron has appointed Lord Young to undertake an extensive review of OHS.  According to the Prime minister’s media statement:

“The rise of the compensation culture over the last ten years is a real concern, as is the way health and safety rules are sometimes applied.

We need a sensible new approach that makes clear these laws are intended to protect people, not overwhelm businesses with red tape.”

Lord Young has a lot of work to do in building bridges after his disastrous appearance at the 2010 conference of the Institute of Occupational Safety & Health (IOSH) in April 2010.  It’s not quite like putting Lord John Browne in charge of a petrol station but…. Continue reading “Lord Young = old approach to OHS”

Comcare at Senate Estimates – enforcement performance indicators

Comcare is often seen as a minor player in OHS regulation in Australia because, although it has national coverage, it limits its OHS and workers’ compensation activities to specific industrial and public service sectors.  Although it is limited, it has a monopoly in those sectors and is powerful.  Its role in Australia’s harmonisation program seems to be just another OHS regulator but it has a unique role and structure.

Recently, Comcare’s CEO, Paul O’Connor, and Deputy CEO, Steve Kibble, addressed the Australian Senate’s Education, Employment and Workplace Relations Legislation Committee in the annual Estimates hearings.  Hansard reports Kibble’s comments (around page 32) on the enforcement activity of Comcare:

“Comcare has initiated 16 civil court proceedings in relation to alleged breaches of the OHS Act since 2004…..

Recent prosecutions include a matter in relation to a federal agent of the Australian Federal Police for a breach of his individual duties of care.   Continue reading “Comcare at Senate Estimates – enforcement performance indicators”

OHS challenges face the Australian taxi industry

The New South Wales Parliamentary has released the findings of its inquiry into the State’s taxi industry.  Although OHS was not the focus of the inquiry, “working conditions” were included in the terms of reference and the report has made some safety recommendations.  The taxi industry requires an innovative approach to OHS implementation in order to meet future driver and passenger demands.

The Committee has called for

“…an increased emphasis on occupational health and safety, industrial issues and insurance rights to better inform taxi drivers of their entitlements and responsibilities…”
even though the NSW Taxi Council stated that existing training exceeded national training standards.  Perhaps the range of stakeholders consulted by the Council needs reviewing.  Clearly training has been deficient in reality even if it matches national benchmarks.  This  calls into question one’s reliance on national training standards. Continue reading “OHS challenges face the Australian taxi industry”

A safe (social) system of work

For years Australian OHS legislation has focused on establishing a “safe system of work”.  This focus is inclusive and is an understandable approach to safety regulation but it has also generated a fair share of confusion.  If a business does not have a documented safety management system, does it have a system of work?  Yes it does but the lack of documentation makes it very difficult to describe, particularly if there is a performance benchmark such as “compliance”.  Humans like to have a clean line of cause and effect or a linear, causative management process.  So vague concepts like “system of work” can be challenging.

Prescriptive rules used to be the way that safety compliance could be met but that world is long gone.  Its distance can be seen by looking at the Australian Government’s new model Work Health and Safety Act which compounds the vagueness by including “as far as reasonably practicable” wherever possible.  All of this vagueness makes the lot of the business operator more complex and more costly as the business operator seeks clarity from others such as lawyers, OHS consultants, auditors and Standards organizations.  Is it any wonder that safety is seen as an exorbitant cost?  In essence, OHS regulators have outsourced the responsibility, and the cost, to employers. Continue reading “A safe (social) system of work”

Army notice on asbestos bags is warning for all workplaces

Various sectors of the Australian media have been reporting on the potential use of asbestos-tainted sacks by Australian soldiers and Defence personnel.  Asbestos exposure is a recurring risk for the Australian armed services due to items in use, such as the dummy, and the existence of asbestos in various buildings.

The issue of asbestos persisting in sacks was given prominence in the last 12 months by ABC journalist Matt Peacock in his book “Killer Company”.  Peacock reported that inadequately cleaned sacks were reused as carpet underlay in Australia and for other purposes. Continue reading “Army notice on asbestos bags is warning for all workplaces”

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