Category: guidance

Brodie’s Law on bullying needs more consideration for workplace application

Recent attention on the presentation of the Crimes Amendment (Bullying) Bill 2011 to the Victorian Parliament has, understandably, focussed on the changes to the criminal code. However some of that attention should also have been given to the existing rules and control measures under workplace law, particularly considering that the proposed amendments, commonly referred to as Brodie’s law, are being described in the context of workplace bullying.

WorkSafe Victoria’s 2005 guidance on workplace violence and bullying specifies what elements of the Crimes Act 1958 could be relevant to workplace bullying:

  • Intentionally or Recklessly Causing Serious Injury
  • Intentionally or Recklessly Causing Injury
  • Threats to Kill
  • Threats to Inflict Serious Injury
  • Stalking

The inclusion of the last item may surprise some who have been reading only the newspaper coverage of Brodie’s Law as there was a clear implication that the application of stalking to workplace bullying was new.

Law firm Clayton Utz reminds us that workplace bullying remains undefined in the Crimes Act and that the Bill

“… extends the definition of the pre-existing offence of stalking by expanding the definition of that offence to pick up the type of behaviours that are typical of workplace bullying.”

If the Bill passes the Victorian Parliament, the OHS regulator will need to amend its advice on workplace bullying to reflect the expanded definition of stalking. But as can be seen by the bullet points above, changes to guidance may be minor as stalking is already seen as a potential element of workplace bullying. Continue reading “Brodie’s Law on bullying needs more consideration for workplace application”

Dis-harmonisation over OHS laws

Victoria’s largest OHS conference and trade show has ended.   The shadow of the impending harmonisation of OHS laws hung over both events.  The OHS message throughout the conference was one of nothing to worry about. WorkSafe’s Ian Forsythe felt that Victoria was well-placed for minimal disruption as the OHS laws in that State had been thoroughly reviewed by Chris Maxwell QC in 2003.  Forsythe described the current OHS review as “Maxwell on steroids”, a good line for the conference audience but one that reflects the, often, smug approach of many Victorians to the harmonisation process, an approach not shared elsewhere as shown by a front-page article in The Australian on 9 April 2011.

The Business Council of Australia is concerned about the different interpretations of the laws by each of the states.  This has been a possibility from the very start of the reform process because the focus was always harmonisation, not uniformity. Continue reading “Dis-harmonisation over OHS laws”

Useful safety information from the US

One always has to be careful about information released on April Fools’ Day but in 2011 an important pieces of safety information from the United States was released – a video message from the Chemical Safety Board (CSB).  A reader also pointed to a set of OHS case studies from the University of Massachusetts Lowell (UMASS) released in January.

Twelve months after the Tesoro Refinery fire in Washington in which seven people died, CSB is continuing its investigation but has released a video message, by Chairperson Rafael Moure-Eraso, that is confronting and displays the exasperation of  safety regulators.

Continue reading “Useful safety information from the US”

The How, How likely and How much of workplace safety

I return to the observation Ken made in his article, the obs about the most successful safety places where

“…safety is driven at the shop floor level and led by a committed team of senior executives who can be relied upon to show it by their actions and not just words.”

Of course, at first blush this is about ownership, commitment etc.  But I get the impression that it’s something even more fundamental and that’s about pragmatism.

I’m not sure OHS-World is so good at How, How likely and How much: the things that I’d suggest cut-to-the-chase on defining pragmatism.

In contrast, we seem to get all caught up in What and Why as if that is enough to motivate good safety performance.  What manifests itself as interminable reports of all the horrible safety failures and the injuries that accompany them.  For mine, the only What in this context is a What that matters to the punter.  Did something go wrong in a way and situation that is completely relevant to the punter, so it can be used to look for similar potential at the punter’s place?  The Why I’m referring to is why a punter should fix stuff, specifically in the context of fixing stuff ’cause it’s the right thing to do or ’cause ya can get busted.  Continue reading “The How, How likely and How much of workplace safety”

Safe Work Method Statements and independent positions

Over the last few months most Australian OHS regulators, and many labour law firms,have been conducting workshops and public seminars on Australia’s plans to harmonise its OHS legislation.  In those workshops, the consultative process and timeframes have been described by some as a “nightmare”, which is not exactly inspiring participants who are seeking clarity from the confusion.

Significantly, others are encouraging the audience to advocate specific positions in potential submissions.

Recently, concerns were raised over the revisions to Safe Work Method Statements (SWMS) provisions.  It was suggested that SWMS have the potential to bloat beyond several pages due to the need to include “associated risks”.  Most safety management systems and OHS professionals would already have include secondary, ancillary or associated risks as part of the job safety analyses and SWMS. Continue reading “Safe Work Method Statements and independent positions”

New quad bike research and practical safety guidance

A major Australian rural newspaper, The Weekly Times, has devoted its front page to an article on rollover protective devices on quad bikes.   It has taken as the base new information released by the Australian Centre for Agricultural Health and Safety (ACAHS) through a media release. The new policy paper and the supporting Practical Management Guide acknowledge new research from independent engineers that has finally questioned the established knowledge base on the safety of quad bikes.

ACAHS has come to a position where it states:

“Farmers and other owners of quad bikes should be encouraged to fit suitably tested protective devices to reduce death and serious injury from rollovers.” Continue reading “New quad bike research and practical safety guidance”

Raising awareness about stress instead of controlling it

In March 2011, in response to one of the several Stress Awareness Days, HRLeader magazine ran an edited version of a Personnel Today article called “5 steps to tackle employee stress”.  The Personnel Today had “6 steps”, so are Australian readers being ripped off?

Personnel Today included a step called “Refer the Health and Safety Executive’s management standards”.  HRLeader’s editor must have made the call that HSE information is geographically specific and therefore not relevant to Australia but the change is more indicative of the fact that Australia does not have anything to match the HSE management standards to help control stress.  According to the HSE website:

“….the six Management Standards cover the primary sources of stress at work. These are:

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