hazards – Page 84 – SafetyAtWorkBlog

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”

Workplace safety challenges for the Coffice

What is a workplace? In Australia, the easy answer is “wherever work takes place”. This seems sensible and logical but think about it and the impact on businesses and community will be large. The Sunday Age newspaper reports on one business that is setting down some ground rules for those who are running businesses from their cafe or, what the article describes as “coffices“. Continue reading “Workplace safety challenges for the Coffice”

Operational Risk Management – a timeless book, sadly

For several years now Mark Abkowitz’s book “Operational Risk Management” has been sitting on my “to-read” shelf. Given my recent wish for a case study approach to leadership and given the Fukushima nuclear issues, the book caught my attention.

Books that analyse disasters are far superior to watching real-time disasters because the distress is minimised, the analysis can be dispassionate and time can provide a more detailed context. (The quickness of production of some of the books about the BP/Gulf of Mexico suffered from the curse of topicality) Books provide a distance that the constant exposure to “disaster porn” does not.

Operational Risk Management looks at many at many disasters from the last 30 years but the disasters are not only industrial and process disasters, although Chernobyl and Bhopal are covered. Continue reading “Operational Risk Management – a timeless book, sadly”

Managerial OHS walk-arounds and D&O liabilities

The latest edition of The National Research Centre for Occupational Health and Safety Regulation’s newsletter lists two new working papers, one from Andrew Hopkins and one from Neil Foster. Both should be obligatory reading.

Hopkins discusses how to increase the value of the “management walk-arounds” an increasingly common key performance indicator for senior executives. Hopkins, naturally, uses the Deep Water Horizon case as an illustration of the flaws in the process but walk-arounds should not only be for large projects.

Hopkins shows that the VIPs had an inadequate understanding of safety. They identified the slips, trips and falls hazards rather than asking questions about the potential major hazards of the facility. This is a common trap for managers and safety professionals, for those with suitable OHS skills, and one that needs to be actively countered. Continue reading “Managerial OHS walk-arounds and D&O liabilities”

Rotting fish, safety leadership and wizards

In business, government and public authorities, CEOs and executives regularly resign during periods of controversy. Within the 24 hours of each other in 2010 two prominent Australian executives resigned – Brian Waldron and Russell Rees. Waldron because the rugby league team, Melbourne Storm, his previous CEO appointment, was found to have operated unethically during his time at the top. Rees resigned because, he said it is the right time to leave, however there had been serious questions put in a Royal Commission about his handling of the events in Black Saturday bushfires when over 170 people died.

The dominant mantra in occupational safety management is that safety cannot be improved without leadership from the executives. Australian safety conferences are laden with mentions of leadership. Leaders have the potential to inspire, although some stay on for too long.

The leadership sellers in the corporate marketplace (some not dissimilar to wizards) are all pushing the positive benefits of leadership. But there are good leaders and bad leaders. There are inspirational leaders and there are selfish leaders. There are those executives who lead in positive directions and there are those who lead organisations and others astray. There are some people who are not suited to being leaders at all. Continue reading “Rotting fish, safety leadership and wizards”

Category: hazards

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

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I wish for an OHS time machine

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Dis-harmonisation over OHS laws

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Workplace safety challenges for the Coffice

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Operational Risk Management – a timeless book, sadly

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Managerial OHS walk-arounds and D&O liabilities

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Rotting fish, safety leadership and wizards

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