Important OHS statements in Australia’s Parliament

On the eve of its 2015 Budget, the Australian Parliament was debating an increase in enforcement powers of the Fair Work Building and Construction inspectorate and the resurrection of the Australian Building and Construction Commission (ABCC).  Occupational health and safety (OHS) is rarely mentioned in these debates but not so on 11 May 2015.  Excerpts from yesterday’s safety-related comments are worth noting, particularly as no mainstream media has done so or is likely to..

Senator Cory Bernardi (Liberal Party) attacked a recent video from the Construction, Forestry, Mining and Energy Union (CFMEU) saying that

“For too long the unions have falsely cried safety as a lazy defence for their unlawful and unethical industrial conduct. They have cried wolf so often that they can no longer be believed.”

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The voice of OHS is being reduced to a squeak

The decline of trade union influence in Australia, as membership remains low, has the sad effect of also seeing a reduced voice for some core elements of occupational health and safety (OHS) such as the importance and prominence of the “safe system of work”, the myth of the “careless worker” and the insidious hazard of impairment. These OHS issues remain significant and demand attention but who will be the new voice of workplace safety?

Impairment

Impairment is a collective term that many trade unionists use for workplace hazards such as fatigue, drug use, alcohol use and other psychosocial hazards, such as stress.  Impairment is a useful term as it relates to the worker’s fitness for work and the level of attentiveness that the employer expects as part of the employment contract.  It also ties into the issue of labour productivity as an impaired worker, regardless of the cause of the impairment, is unlikely to be working as hard or as effectively, or productively, as the employer expects.

The downside is that using a collective term makes it more difficult to focus on specific interventions.  Drug and alcohol use can be combated by a combination of preventive education and enforcement through testing  but such strategies cannot be applied to fatigue or stress although both these elements may be contributory factors to drug and alcohol use.  Stress and fatigue are more effectively reduced by job redesign and a reassessment of the organisational structure and morality, in other words, the establishment of a “safe system of work” as required by both the OHS and Work Health and Safety (WHS) laws.

Impairment may have some connotations of disability but its attraction is that it is a neutral term for describing something, or someone, that is not working as intended due to an external factor.  It is a good descriptor but a poor term from which to base anything more than general action.

Safe System of Work

The “safe system of work” has been a term whose definition never seemed to have stabilised in Australia’s legislation.  This is partly because it has been treated similar to a workplace culture, something that is thought to exist but never really understood.

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The CFMEU should make a case for union OHS representatives

In late March 2014, the Construction Forestry Mining and Energy Union (CFMEU) was fined $A1.25 million over a violent dispute at the Emporium construction site that occurred in 2012.  In its media release about the fine, the CFMEU’s state secretary, John Setka, says:

“The protest at the Myer site in 2012 was about safety.”

Yes and no.  The dispute was about the representation of workers on safety matters, which is a different thing.  Setka goes on: Continue reading “The CFMEU should make a case for union OHS representatives”

OHS as an industrial relations tool

Recently Queensland’s Attorney-General Jarrod Bleijie has been asserting that a review of union right-of-entry provisions is needed because unions have been using occupational health and safety (OHS) issues as an excuse for industrial relations (IR) action.  Such assertions have been made for decades in Australia to the extent they have become fact.  Below is an article looking at one of the sources of the Attorney-General’s assertions.

In a media statement dated 5 October 2013, Bleijie stated:

“For too long, we have seen construction unions using safety as an industrial weapon in this State… Quite frankly, their abuses of the current right of entry provisions are designed to bully contractors until they get their way. Sites are being hijacked and workers held to ransom.

“I have personally heard of stories from hard working Queenslanders who have been locked out of their workplace because of militant union activity.

“Earlier this year, a major contractor lost 42 days of work due to illegal strike activity in the first year of their enterprise agreement. This practice will end.”

Some of this statement was quoted in a Sunday Mail article on 6 October 2013 following the minister’s speech at an awards ceremony with the Master Builders. Like most political media statements there is a large amount of hyperbole but this article’s focus will be on the OHS elements of the statement.  Continue reading “OHS as an industrial relations tool”

New workplace safety laws set to pass in South Australia in October

South Australian Independent Member of Parliament, John Darley, has been negotiating on that State’s Work Health and Safety laws for many months.  On 17 October 2012, according to a media release from SA’s Premier Jay Weatherill and Workplace Relations Minister Russell Wortley, Darley agreed to support the passing of the laws after achieving some amendments.  Those amendments involve changes to

  • height limits,
  • duty of care,
  • the right to silence, and
  • the right of entry.

Tammy Franks, a Greens MLC, was able to achieve an expansion of the number of days available for OHS representative training.

A spokesperson for John Darley told SafetyAtWorkBlog that another change was for any WHS codes of practice to undergo a small business impact assessment in consultation with the Small Business Commissioner.  Darley’s spokesperson said that the MP had met with Business SA after it changed its position on the WHS laws.  The amendment above is likely to address the small business concerns that BusinessSA raised in its letter to its members earlier this month.  The flip-flopping of BusinessSA on workplace health and safety laws was always curious and it is likely to put the organisation at a negotiating disadvantage once the laws passed.  It may try to claim a mini-victory through the small business change but the change appears to have occurred due to Darley’s efforts and not through any relationship with the South Australian Government. Continue reading “New workplace safety laws set to pass in South Australia in October”

Politicians are exploiting proposed OHS laws for their own benefit

South Australia’s Industrial Relations Minister, Rob Lucas, stated in the Adelaide Advertiser on 3 October 2011 that

“The Liberal Party has always supported strong work safety laws which protect workers at work sites.”

This may be the case within the limitations of that sentence but the conservative political parties have not always been supportive of the basis for safety management, the creation of evidence through authoritative research.  According to a 2003 submission by the Australian Council of Trade Unions

“After the election of the Liberal/National Coalition in 1996, the Federal Government decided that:

  • the NOHSC budget must be cut by $5.9 million each year;
  • a further 5% cut was imposed across the board; and
  • redundancies had to be covered from within the NOHSC budget.

This represented a cut of $6.6 million (35-40%) to the NOHSC annual budget……

The April 1996 NOHSC decision on allocation of its $14 million budget cut OHS research and information, and education and training. National standards work was also decreased. These areas are central to a national approach to OHS.” [emphasis added]

Around the time of these severe budget cuts Australia had begun moving to a system of national uniformity in OHS.  The impact of this political decision hamstrung the research efforts of NOHSC just as the uniformity momentum was increasing.  As the National Research Centre for Occupational Health and Safety Regulation has written

“A notable development in standard setting in Australia during the 1990s was the movement towards national uniformity in standards in regulations and codes of practice. The process was overseen by the former NOHSC, which in 1991 established a tripartite National Uniformity Taskforce, which identified several key first order priorities for achieving national uniformity: plant, certification of users and operators of industrial equipment; workplace hazardous substances; occupational noise; manual handling; major hazardous facilities; and storage and handling of dangerous goods.

NOHSC developed standards in the first six of these areas, and the jurisdictions were well on the way towards adopting these standards by the end of 1996, although it should be noted that jurisdictions were quite inconsistent in their adoption, particular in choosing whether to implement the standards in regulations or codes of practice, in their drafting styles and, in some cases, the substance of provisions. The national uniformity process was not complete when the Howard government came to power in 1996, and that government first significantly down-sized and then abolished NOHSC, with the result that the move towards national uniformity slowed dramatically after mid-1996.”

Rob Lucas seems to ignore the history of his own party’s decision. Continue reading “Politicians are exploiting proposed OHS laws for their own benefit”

Trade unions enter debate on profits vs safety

The Australian Council of Trade Unions (ACTU) has issued a media release aimed at addressing or countering some of the concerns over new OHS laws expressed by the business community and some politicians recently.

Ged Kearney

ACTU President Ged Kearney has said

“Attempts by employer groups to weaken the new regulations are yet another example of business putting profits before safety….. Employer groups called for a national set of health and safety laws, and we would have thought that business would welcome a tough approach to OHS regulations.”

Sympathy for business is unlikely from the union movement but some sympathy is warranted.   Australian business was promised that new work health and safety laws would reduce the business costs of complying with laws that differed from across a number of jurisdictions.  As companies begin to assess the impacts of new laws on their own business operations, as all companies surely must do, they are noticing additional costs for compliance. Continue reading “Trade unions enter debate on profits vs safety”

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