Category: guidance

Award winner illustrates a potential new approach to small business OHS support

The most interesting winner at the Safe Work Australia was a small greengrocer, The Hub Fruit Bowl.  This family run business improved their occupational health and safety management system (OHSMS) with little more than a free “Small Business Safety Pack” from SafeWorkSA (no longer available on the SafeWorkSA website).  This is a remarkable contrast to the, presumably expensive, Dupont-based achievement of Australian construction company, Grocon.  The win also illustrates the continued importance of the need for free, or cheap, practical plain safety advice. (Why isn’t there a Dummies Guide to Workplace Safety?)

The Hub Fruit Bowl’s achievement could have far-reaching effects as the low-cost approach can be applied to thousands of small businesses in Australia.   The greengrocer has a healthy record of providing young people with their first jobs, jobs that include a solid understanding of workplace health and safety.  The Grocon experience is more corporate and very common where solutions are sought from outside one’s business.

The Hub Fruit Bowl’s win should encourage OHS regulators to reassess their small business OHS strategies.  Instead of funding OHS consultants to provide three or six hours of OHS advice, frequent encouragement and engagement with small business, structured round documented processes may be more effective.  SafeWorkSA does not mention the concept of “case managers” but applying this to harm and injury prevention strategies may have merit.  Providing sustained support and encouragement instead of a quick intense session should be seriously considered by OHS regulators.

It may also be useful to consider providing pro-bono safety services to small businesses, as a civic duty but also to freshen the experiences of safety professionals.

Kevin Jones

Australian senator sees OHS consultation as “collusion”

In response to correspondence from an Australian safety professional, Senator Eric Abetz, Federal Shadow Minister for Employment and Workplace Relations, has displayed his ignorance of occupational health and safety (OHS) laws.  In the  email response, reproduced in full below and dated 26 April 2012, Senator Abetz, accuses “big Government” “big unions and big business” of colluding on the development of Codes of Practice.

Abetz shows his misunderstanding of the status of codes of practice in the regulation of OHS.  He also uses a DRAFT  code of practice to illustrate the absurdity of new OHS laws, a draft that is having a contentious route but is expected to be considerably changed in the final version.

The draft code he chooses is workplace bullying and the senator tries to illustrate how silly this code’s suggestions are by hypothesizing a small business.  He chooses a two person plumbing firm.  How different his perspective could have been should he have chosen a real small business workplace bullying case that resulted in a worker killing herself.  How convenient to avoid the Cafe Vamp example. Continue reading “Australian senator sees OHS consultation as “collusion””

Is OHS harmonisation a dead parrot or is it just pining?

In The Australian newspaper on 3 April 2012, Judith Sloan presents a useful summary of the status of the OHS harmonisation process.  Many of her criticisms are valid but she has not realised that the new Work Health and Safety laws stopped being occupational health and safety laws some time ago.  It is easier to understand the proposed changes if one accepts that these laws have broadened beyond the workplace to operate more as public health and safety laws.

It is possible to accept Sloan’s assertion of the “demise”of OHS harmonisation but if seen in the light of an integrated public/workplace health and safety law, the harmonisation process may be a welcome beginning to a broader application of safety in public and occupational lives.

The acceptance of this interpretation provides very different comparisons and linkages.  For instance, the shopper tripping on a mat in the vegetable section of a supermarket was likely, in the past, to receive recompense through public liability insurance. Now it could equally be under OHS laws.  The regulation of potential legionella sources was through the Health Department, even though many of these are in workplaces and often affect workers first.  Should cooling towers have been assessed by hygienists or occupational hygienists?  Should these be managed under an employer’s OHS management system or through the facilities manager or landlord?
Continue reading “Is OHS harmonisation a dead parrot or is it just pining?”

Innovative thinking needed if Australia is to save lives and improve the economy

The Australian Council of Trade Unions (ACTU) advocates for workers’ rights and entitlements with occupational safety being one of those entitlements but sometimes the safety message from ACTU is a little narrow.

On 14 March 2012, the ACTU issued a media release responding to the release of important workplace safety data by Safe Work Australia.  The release quotes ACTU President Ged Kearney emphasising very important data:

“This report has found that the cost of each workplace incident is around $99,100 and of this workers pay $73,300, the community $20,800 and employers $5100…”

and

“We think we are a clever country but it isn’t so smart to forgo almost 5% of our nation’s GDP on the cost of preventable workplace injury and illness…”

But what does the ACTU propose to address this economic cost of poor safety management? Continue reading “Innovative thinking needed if Australia is to save lives and improve the economy”

New research on quad bike safety remains academic in a climate of uncertain OHS reform

Dr Tony Lower of the Australian Centre for Agricultural Health & Safety (AgHealth) has released a farm safety research report of curiosity more than influence.  The report, Farm Related Injuries Reported in the Australian Print Media 2011, makes use of the media monitoring services that the centre has been using for over five years.  The accompanying media release, not yet available online, summarises some basic findings:

“According to the report released by the Centre today, the 2011 information illustrates a 60% drop in the number of on‐farm injury deaths when compared to the early 1990’s, where the average number of deaths was 146 per year. “This reduction over the past 20 years is fantastic news, however by our estimates, many more deaths can be prevented by adopting solutions which we know from the evidence work” said Dr Lower.

The study results show that quad bikes (18) were the leading cause and made up 31% of all deaths.

Meanwhile tractors (10) were responsible for 17% of incidents. Tragically, seven of the fatal cases (11%) involved children aged 15yrs and under, with quad bikes (3) and drowning (2) being most frequently involved.”

An understandable limitation of the report is the fact that the social influence of print media is much less than in previous decades and that the report misses multimedia and the new medias.  This is one of those research reports than can genuinely suggest additional research to increase the relevance of the findings.   Continue reading “New research on quad bike safety remains academic in a climate of uncertain OHS reform”

Disagreement on workplace bullying strategy increases in Australia

According to The Australian newspaper on 5 January 2012 the Australian Council of Trade Unions (ACTU) is extremely critical of Safe Work Australia’s draft Code of Practice on Workplace Bullying. The ACTU has said that the draft code has a “fundamental flaw”

“… the failure to address workplace bullying in the same framework as any other workplace hazard/risk.”

This is a significant challenge but without access to the ACTU submission on the draft code it is difficult to determine the exact context of this fundamental flaw.

Of more concern is the apparent move by the ACTU, according to The Australian, to have single instances of inappropriate behavior covered by the workplace bullying code. This is contrary to the bullying concept that only repeated instances of abuse should be considered bullying.

Regardless of this challenge to established definitions, it is very hard to see how such a situation could be enforced by either OHS representatives or OHS regulators. The regulators have struggled for years with the existing definition and could have no effective role in workplaces if the unions’ wishes were successful. Continue reading “Disagreement on workplace bullying strategy increases in Australia”

Labor lawyer raises strong concerns over new Work Health and Safety laws

Yesterday morning, Mike Hammond of the Australian law firm, Norton Rose, conducted a seminar on the harmonisation of Australia’s work health and safety laws.  This was the last in the current series of seminars on this topic but Hammond’s seminar differed considerably from previous sessions.  Hammond is clearly less than enamoured with the model Work Safety and Health Act, describing parts of the legislation as “bad law” and asking whether the laws were examples of “social engineering”.

Understandably, these comments generated considerable discussion from the audience of around 50 people.

The crucial nub of Hammond’s concerns was the lack of essential definitions in the model law.  Continue reading “Labor lawyer raises strong concerns over new Work Health and Safety laws”

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