Category: hazards

OHS compliance checklists

For several months some Australian OHS regulators have been providing “Compliance at a glance” checklists. These are not intended to establish compliance, particularly in the small business sector as listed on one regulator’s website , but are more brief indicators of areas for greater improvement.

Nevertheless the items listed in the “red zone” of the checklists establish a benchmark of NON-compliance. These items are listed below:

Australian IR Minister mentions international OHS conventions action

Chris Evans, the Australian Minister for Workplace Relations issued a media statement on 28 April 2011 concerning the World Day for Safety and Health at Work.  As well as some generalities about OHS harmonisation and government commitment, he said

“The Australian Government is also in the process of ratifying the ILO Asbestos Convention 1986 (convention 162) and the ILO Protocol of 2002 to the Occupational Health and Safety Convention 1981 (Protocol 155).

These ILO instruments will give Australians a world class OHS regime, by entrenching best practice in protecting our community from the harmful effects of asbestos and enhancing data collection and publication to support policy making and research.

“Australia has long been a member and supporter of the ILO in its efforts to promote safe work environments and raise the quality of labour and social standards throughout the world,” said Senator Evans.” [links added]

This seems a positive move but it is significant that no deadline for ratification is identified by Minister Evans.  There are also a couple of obvious limitations or problems with these conventions and protocols. Continue reading “Australian IR Minister mentions international OHS conventions action”

Australian safety awards are important but require rebooting

The 6th annual Safe Work Australia awards concluded a couple of hours ago.  The event was an opportunity to meet Australians prominent in the safety profession, celebrate innovation and to acknowledge individual efforts.  The winners’ achievements were largely significant but there are problems with the OHS award processes across Australia and the Safe Work Australia Awards reflected some of these.

The event, held at Parliament House, included a good collection of corporate, legal and  government decision-makers in the audience of 350 guests.  The Industrial Relations Minister, Chris Evans, delegated Senator Jacinta Collins (media statement available HERE) to attend the function and she expressed a rudimentary understanding of workplace health and safety.  She,  like many others, stated that “all workplace incidents are preventable”, a statement whose value is becoming dubious.  If safety professionals desire evidence-based decision making, someone needs to research the “preventable” statement as it risks creating unreasonable expectations of safety in the community, if it has not already.

Category 1: Best Workplace Health and Safety Management System

  1. Private Sector – Ballina Bypass Alliance
  2. Public Sector – Courts Administration Authority

Category 2: Best Solution to an Identified Workplace Health and Safety Issue – CSIRO Livestock Industries Continue reading “Australian safety awards are important but require rebooting”

ILO provides thoughtful information for Workers’ Memorial Day

Workers’ Memorial Day, or the World Day for Safety and Health At Work, gains considerable attention at local levels.  In particular, Australia and Canada have a large number of commemorative events.  However, the activities of the International Labor Organization (ILO) should not be ignored and the activities for 2011 are of particular note.

The Deputy General of the ILO, Juan Somavia, reminds us that in 2001 the ILO published its Guidelines on Occupational Safety and Health Management Systems, a document that has had a major influence on those countries that do not have the resources necessary to develop their own OHS regulatory support services.

Ten years after the release of that document the ILO has released a reflective report entitled “OSH Management System: A tool for continual improvement”. This report reads as a little simple for those who focus on occupational health and safety management systems (OHSMS) but every so often even the most specialised of professionals needs to be reminded of the basic building blocks of that profession.  This is particularly so in countries like Australia, where the OHS profession is distracted by legal harmonisation, or England, where budget cuts and economic challenges are focussing business attention away from safety management.

The report reminds in plain English that

“The OSHMS approach ensures that:

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”

I wish for an OHS time machine

Certain memories

I cannot escape certain OHS memories.   They are the ones that inform many of the decisions I make in matters of health and safety.   Rightly or wrongly they feed my aspirations, my efforts, frustrations and my anger at what I see too often in many workplaces.   What I do and what I know feeds on these memories.

I recently inspected a workplace that uses huge amounts of chemicals.  The place was covered with health and safety signs and strongly smelled of a range of chemicals.   But overall it was clean, neat and half way respectful of workers’ health.   I could see workers here and there watching me walk around with the union delegate and H&S representative, and they knew that there would be a lunchtime mass meeting for me to say my piece.   But I couldn’t get Mr White out of my mind.  This was one of my persistent memories.   My personal OHS canaries warning me not to forget things.

I met him at the end of an extended OHS inspection I conducted at his workplace.   The manager on the day was decent and very helpful, he facilitated a great deal.  This factory used large amounts of a particular chemical, and has been for more than 30 years, his entire working life was spent in this factory working with this chemical.

He introduced himself unusually as ‘Mr White’, stuttered, smiled hesitantly and said, ‘Mick’, almost as if his first name was unimportant, just an afterthought.  He clutched a stack of papers tightly to his chest and waited for a gap in the conversation so he could say his bit.   Continue reading “I wish for an OHS time machine”

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”

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