Category: government

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”

OHS regulator reveals a blog about OHS fraud and crime

Spying on people can be entertaining as can be shown by the popularity of hidden camera video on tabloid news shows but there is always a whiff of unfairness and distaste about the practice.

For the last couple of months, Washington State’s Department of Labour & Industries has been running a blog written by its Fraud Prevention and Compliance Manager, Carl Hammersburg.  The blog matches the remit of the regulatory authority and covers a range of industrial enforcement actions.  Occasionally it has included its own video surveillance  of potential workers’ compensation fraudsters.

On 28 April 2010, the blog,called “Nailed“, included video of  Frankie Day who, as a resulted on the L&I investigation, was found guilty of theft and then jailed. Continue reading “OHS regulator reveals a blog about OHS fraud and crime”

Smoke-related heart attacks decline in England but how so for hotel workers?

The British Medical Journal has released a report into the effects of smoke-free workplaces on the rate of heart attacks in the English population.  The report finds that a ban on smoking in workplaces has resulted in a 2.4% fall in heart attacks which equates to 12,000 people.  This is good news but it could have been better, or more relevant to workplace safety issues.

The study conclusion acknowledges that

“The considerably smaller decline in admissions observed in England compared with many other jurisdictions probably reflects aspects of the study design and the relatively low levels of exposure to secondhand smoke in England before the legislation.” [emphasis added]

Low levels of cigarette smoke may have been the reality across all workplaces but this is unlikely to have been the case in English pubs, from personal experience.

Research, similar to that undertaken above, would be very useful if it was to assess the cardiovascular disorder rate in hotel workers where the smoke-free obligation has existed since July 2007.  Hotel workers are a readily defined group who could not avoid exposure to second-hand tobacco smoke and a study of the health impacts of this sector could reinforce the wisdom of smoke-free legislation and could show how quickly a common social and public health hazard can be turned around.

The above study is good news, particularly for the 12,000 who may now have the chance to die from old age, but analysing a smaller, more targeted population sample in high exposure environments might have more international significance and application.

Kevin Jones

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