Category: guidance

Victorian Government may be a hurdle in OHS harmonisation

SafetyAtWorkBlog has been receiving several requests for information about the introduction of the model Work Health and Safety Bill into the Victorian Parliament.  As the new laws have been “modelled” on the recent Victorian Act, some thought the introduction of the Bill could be undertaken early.  Others, for the same “modelling” reason, argued for delay.  On 12 September 2011, Victoria’s Assistant Treasurer, Gordon Rich-Phillips, has spoken in favour of delaying the date for enacting the laws past 1 January 2012.

Rich-Phillips is basing his position of the continuing lack of a regulatory impact statement (RIS) for the laws, a delay that has also caused concerns on various OHS discussion forums over recent months.  His demand to know the “costs and benefits” of the laws is not unreasonable however the RIS is only about the impact of the regulations and not the harmonisation process as a whole. Continue reading “Victorian Government may be a hurdle in OHS harmonisation”

Peter Sandman interview in the aftermath of 9/11

In November 2001, prominent risk communicator, Peter Sandman, examined the 9/11 attacks in a long article trying to clarify the impact and the context of the attacks.  Shortly after the attacks I had the chance to interview Peter Sandman for the online magazine I was then publishing, safetyATWORK.  Below is the text of that 2001 interview.

“SAW: As a resident of New Jersey and a risk communicator, what effect has the September 11 attacks had?

PS: I was very lucky. I live a sufficient distance away, that neither I nor anyone really close to me was lost. But lots of people close to people close to me were lost. Everybody in this part of the country is one or two steps removed from someone who died that day. But, professionally, I’m trying to think through, as I assume anybody in risk communication would be trying to think through what we can say to our countrymen and countrywomen about living in a dangerous world. This is obviously a situation where the outrage is entirely justified. The last thing I want to be doing is telling people they ought not to be outraged. But it’s also a situation where the hazard is serious. Most of my work is in either a high-outrage low-hazard situation, where the risk communication job is to reduce the outrage, calm people down; or a high-hazard low-outrage situation, where the job is to increase the outrage, get people to protect themselves. September 11 and its aftermath have to be described as high-hazard high-outrage. Neither paradigm works. And yet clearly the message to people has got to be you need to live your life. You need to take what precautions you can take and recognise that you’re not going to be completely safe and live your life anyway. You need to get on aeroplanes, and go to ball games. You need to go into big cities. I think in the months ahead people like me are going to be trying to figure out how to say that and say it honestly and honourably and credibly to a population that desperately needs to hear it and understand it. Continue reading “Peter Sandman interview in the aftermath of 9/11”

Concerns increase as Australia’s OHS law changes loom

Conference organisers IQPC started its two-day Safety in Design, Engineering and Construction conference on 16 August 2011.  The most prominent speaker on day one was Barry Sherriff of law firm, Norton Rose.  Sherriff spoke about OHS harmonisation‘s impact on the Australian construction industry.

Over time Australian labour lawyers generally have moved from saying that Victorian companies have little to worry about from the new laws expected on 1 January 2012 to quite alarming suggestions of challenges to do with contractor management and consultation.  Part of this modification of advice may be due to the increased analysis of company OHS systems.  Sherriff said that he has been surprised how many companies ask for advice about compliance under the new laws and yet are not complying under the existing OHS laws.

On the issue of consultation, Sherriff identified the “coordination of activities” and managing the “flow of information” as a critical element in the new OHS model laws.  But he stressed that such obligations have existed in OHS laws in many Australian States for sometime but are now more overtly stated. Continue reading “Concerns increase as Australia’s OHS law changes loom”

Workplace bullying statistics remain muddy

A recent article on workplace bullying by the CEO of Diversity Council Australia, Nareen Young, is a good introduction to the issue but, as with many other articles on the issue, the content requires careful consideration.

One statistical resource used on workplace bullying articles is the very important and influential March 2010 Productivity Commission (PC) report – Performance Benchmarking of Australian Business Regulation: Occupational Health & Safety.  Predominantly, this report lumps together “harassment”, “occupational violence”, and “fatigue” with “workplace bullying” under the term “psychosocial hazards”.  This means it is impossible to extrapolate data from any specific workplace issue in this category, however the PC report does devote some sections of Chapter 11 specifically to bullying, but even then the statistics are tricky.

Young’s article states that

“Estimates of its [bullying’s] prevalence in the workplace vary, but one study outlined in the Productivity Continue reading “Workplace bullying statistics remain muddy”

New quad bike poster establishes a safe operation benchmark

In July 2011, it was noted that the quad bike manufacturers had revised the wording of  their poster about quad bike safety.  The website that provided an online version of that poster is now under redevelopment.  However Australia’s Heads of Workplace Safety Authorities (HWSA) has released its own poster outlining the basic elements of quad bike safety in Australia and New Zealand.

The poster advises that:

BEFORE YOU BUY

Find out whether a quad bike is the best vehicle option for your farm.

Governments need to coordinate resources for small business OHS needs

This August the Victorian Government is conducting a month-long event the Small Business Festival.  The Festival is run by the Department of Business and Innovation and promises to

“…provide attendees with the essential inspiration, skills and information to start, build and run a business.”

Occupational health and safety does not feature.  WorkSafe Victoria, the state OHS regulator whose mission is

“Working with the community to deliver outstanding workplace safety, together with quality care and insurance protection to workers and employers.”

WorkSafe operates a small business support service.  It produces guidance material on workplace safety targeted to the small business sector.  In its own WorkSafe Week, it provides presentations to medium-sized businesses but it is not participating in a Small Business Festival organised by one of its colleagues in the State Government. Continue reading “Governments need to coordinate resources for small business OHS needs”

Fatigue dispute illustrates ideological clash

The Australian newspaper reports today (26 July 2011) of a clash between the Construction Forestry Mining & Energy Union (CFMEU) and BHP Billiton over fatigue management.  Fatigue management is one of the workplace hazards scheduled for a draft code of practice under the OHS harmonisation process.

The CFMEU believes that the current mining-related guidance  is inadequate.

“The Construction Forestry Mining and Energy Union says the government buckled under industry pressure and abandoned plans for binding industry standards that would minimise the risk of workers doing successive 12-hour shifts and then driving long distances on public roads.”

The flaw in the CFMEU’s campaign is that it has been selective in its choice of fatigue documentation.  Looking at the industry sector rather than the hazard or risk limits the hazard control options.  In the current case the CFMEU is not acknowledging many of the fatigue guidancesand documents that are available from Workplace Health and Safety Queensland or from some of the other States and even from overseas as this Safe Work Australia document from 2006 shows.

In fact the narrow selection of guidance in this instance makes a strong case for greater collaboration in the development of information across industry sectors and State jurisdictions – one of the aims of harmonisation. Continue reading “Fatigue dispute illustrates ideological clash”

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