Category: government

Now is the time for all good OHS lobbyists to come to the aid of their country

Now is the time for the OHS fraternity to lobby local politicians on the importance of workplace safety for the community and business.

Australia is facing a hung Parliament following the 21 August 2010 federal election.  OHS was mentioned early in the campaign but not since even though there were opportunities.  Industrial relations was raised in the election campaign by the Australian Labor Party but the Liberals chose not to play and its IR spokesperson, Eric Abetz, was missing in action.  But OHS law reform has been less about improving the law than about reducing the cost on business (even though the significance of this is argument is highly dubious) and this is where discussion on OHS could have occurred.

The Liberal Party is continuing to assert that “stop the waste” is a positive message as it relates to government spending.  It projects itself as the friend of business and the free-market and has reluctantly accepted the reality of OHS legislation although not the cost of effective compliance.  The Liberals could have used the OHS harmonisation process as an example of an economic reform IT began* but has been supported and progressed through the Rudd/Gillard Labor government.

Now, in a political climate where the Australian Greens and some Independents will hold the balance of power in the Senate and have the chance to form a coalition government with either party, the IR policies of smaller party miners and independents will be crucial for OHS and workplace relations.   Continue reading “Now is the time for all good OHS lobbyists to come to the aid of their country”

Politics overrides safety

Why has the Australian government refused to release the investigation report into the Montara oil spill?

SafetyAtWorkBlog’s interest in this report is principally over the identification of potential risk control measures that could reduce the chances of another deep-sea oil rig exploding or identify any design or safety features that could stop such a savage leak of oil into the community.

The Australian Broadcasting Corporation reported on 12 August 2010 about the devastation to East Timor’s fishing and seaweed industries as a result of the spill in 2009 .  An earlier media report about Indonesia seeking compensation for its seaweed beds is available HERE.

The Australian Resources Minister, Martin Ferguson, said on 11 August 2010:

“The lessons to be learned from Montara, and I might say the Gulf [of Mexico], create a clear need in a very sensitive, important national industry, both environmentally, economically and from a health and safety point of view, for a strong single national regulator that’s well resourced and focussed,” ……

This may be the way to go but AAP reports that Ferguson he is refusing to release the investigation report until after the August 2010 general election!! Continue reading “Politics overrides safety”

Confusion over bullying and sexual discrimination on display in air traffic controller media reports

The Australian media is providing considerable coverage to the legal claim by two female workers against Airservices Australia over bullying and sexual discrimination.  Airservices Australia is a government organisation that control aircraft movement over Australian airspace.

The details of the harassment mentioned in the media are quite offensive and have no place in the modern workplace.

There are a couple of OHS related issues that pertain to the legal action and the media articles.  Firstly, the media struggles to differentiate between sexual discrimination, sexual harassment and workplace bullying.  Bullying has the most direct relationship to occupational health and safety but the others generate stress in the workplace and therefore the impacts, if not the actions, fall within the OHS purview.  The Australian Financial Review (AFR) (page 7, not available online) has a headline “Flight controllers sue for sexual discrimination” yet the article reports on bullying.   Continue reading “Confusion over bullying and sexual discrimination on display in air traffic controller media reports”

Australian PM mentions OHS harmonisation in election debate

On Sunday 25 July 2010, during the first debate of Australia’s election campaign, Prime Minister Julia Gillard used OHS harmonisation as an example of an achievement that she has been able to introduce that has benefited the Australian people.

The process is in a public hiatus at the moment that began before the election was called.  Much of the public discussion on harmonisation has concluded and now the stakeholders are developing drafts regulatiosn, codes and guidances behind the scenes in Canberra.

Prime Minister Gillard’s mention of OHS harmonisation should reassure that the government leaders have not forgotten that the process is occurring.  However it is highly unlikely that this issue resonates with the general public but, on this issue, that was not the audience.  Harmonisation was one of the few policy issues that is focussed on business concerns, business costs and has the wide support of the business community.  It does not involve taxes.  It does not (directly) involve industrial relations.  It does not rely on unions for implementation.

The fact that harmonisation has been mentioned in an election campaign debate is reassuring but nothing more than that.  It is an issue that could be used and that few would argue against because if one did, one would be arguing against the safety of people, at least in the understanding of the general public.

The mention is a footnote in the debate and is unlikely to get any mention in the press on Monday morning.  Indeed it is unlikely to get another mention in the election campaign, but it was, and we need to be content with that small win.

Kevin Jones

Workplace bullying needs prompt and concise action to be effective

It is very important to treat media reports of bullying with a great deal of scepticism.  An article in the Herald-Sun on 20 July 2010 is a good example of the collation of new and old information intended to generate alarm or outrage.

Werribee Secondary College has had several incidents of occupational violence and school violence.   All schools will have bullying incidents of student to student but these can be minimised and controlled with effort, commitment and vision.  Bullying between staff is different, although the controls are similar, and inhabits the  different legislative context of OHS.  WorkSafe Victoria has been involved with workplace bullying incidents in the education sector in the past.

The Herald-Sun builds on the myth that teachers have it easy because of the amount of leave that is scheduled. The current article entitled “Teacher seeks bullying payout” has a headline about workplace bullying but the article mixes up student bullying and workplace bullying as if they are the same issue but to different degrees and with different participants.

The Victorian Education Department has addressed the issue of workplace bullying to some extent.  The department has several sites devoted to bullying issues and occupational violence but much of it refers back to policies and reactionary responses.  Continue reading “Workplace bullying needs prompt and concise action to be effective”

OHS law reform should not rely on Courts for clarification

Since the early 1970’s OHS law has been “de-lawyer-fied”.  The intention of the law is to empower workers and employers to manage safety in the workplace to meet basic human rights – the right not to be injured at work, the obligation not to hurt others.  Good law allows for the basic legislative tenets to be readily understood.  Poor law is difficult to understand and leads to increased business and personal costs in order to determine compliance.

I would argue that Australia’s recent aim of the national harmonisation of OHS laws will lead to complexity and cost – the opposite of what was intended – and a disempowerment of the workforce as the legal imperative overrides the safety management obligation.  The major weakness in the law is its seeming reliance on the Courts to clarify the laws, their application and their relevance.

Legal commentators on the laws have stated publicly that the impact of the law will not be clear for several years and that many questions about the laws will only be answered when prosecutions are brought and the Courts hand down decisions.  This process is sloppy, should not be accepted unquestionably by OHS professionals and does almost nothing to help the vast majority of Australian businesses to comply. Continue reading “OHS law reform should not rely on Courts for clarification”

BHP Billiton receives minimal OHS penalty – time for a new approach

Some time ago a penalty concept circulated in Australia where OHS penalties were implemented as a percentage of as company’s revenue or profit.  The concept gained renewed topicality in mid-July 2010 as BHP Billiton was penalised $A75,000 after the death of a worker, Scott Rigg. (Video report available)

The fine seems paltry for a fatality and more so when the company’s OHS record is taken into account.  As the video report states, BHP Billiton could have been penalised $A200,000 but even this is a relatively small fine for such a company.

The Australian Government has been willing to apply a 40% tax on the mining industry’s profits but is unlikely to apply a percentage penalty in relation to OHS.   Continue reading “BHP Billiton receives minimal OHS penalty – time for a new approach”

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