health – Page 120 – SafetyAtWorkBlog

Is safe work a basic, or fundamental, human right?

Early this century, according to a draft conference paper* in the SafetyAtWorkBlog archives, the late Eric Wigglesworth OAM posed the following question:

“In addition to our basic human rights of freedom of speech and freedom of religion, should there also be freedom from injury as a basic human right?”

The expectation of a safe and healthy work environment and a workplace without risk is often expressed as a human right, but is OHS a “human right” and what does it mean?

According to one website

“on June 29, 2008, the XVIII World Congress on Safety and Health at Work signed the Seoul Declaration on Safety and Health at Work.”

According to the International Labour Organisation

“…the Declaration also emphasizes that the right to a safe and healthy working environment should be recognized as a fundamental human right.”

The Seoul Declaration mentions human rights only in passing but the reference exists. It is one thing to make a statement and to do so on a global platform but to make this applicable at specific industrial or national levels seems different.

New anti-bullying campaign launched

Brodies’ Law concerning workplace bullying is set to gain more media attention today as the Victorian Attorney-General, Robert Clark, launches a new anti-bullying campaign.

The campaign has been pushed for by the parents of Brodie Panlock, Damien and Rae, and was whispered about at recent public hearings into workplace bullying. However, the media campaign gained a shaky start on the ABC from psychologist Evelyn Field. Her interview, which was videoed, appears almost off-topic and never gains the gravitas the subject of workplace bullying deserves. The ABC may be partly at fault here by choosing Evelyn Fields instead of the Attorney-General or Brodie’s parents.

The media release of the Attorney-General (not yet available online) states that the ‘Take a stand against bullying’ campaign

“… will see information about bullying and Brodie’s Law distributed to more than 8,000 schools, workplaces and police stations across Victoria.”

When one considers the number of schools, workplaces and police stations in Victoria, 8,000 is not a lot. Victoria Police has been very supportive of Brodie’s Law and the Panlock family and have produced a terrific Youtube video to explain the law. It is far more effective than other attempts to explain the law. Continue reading “New anti-bullying campaign launched”

OHS – the missing element in productivity debate

On 7 August 2012, the Victorian Premier, Ted Baillieu, verbally attacked the Federal Government over its COAG program and lack of support for productivity initiatives. The criticism of productivity sounded odd as the Victorian Government has dropped out of the reform program for occupational health and safety laws yet OHS is understood to have a positive effect on productivity. More clarification was needed on this understanding.

In April 2012 the Productivity Commission, an organisation favoured by Premier Baillieu, discussed OHS reforms in Australia. that

“Improved health and safety outcomes achieved in practice would then lead to benefits for businesses (such as increased worker productivity, reduced worker replacement costs and reduced workers’ compensation costs), workers (increased participation, reduced medical costs among others) and society more generally (though reduced public expenses on health, welfare and legal systems).” (page 170)

For years there has been a debate about safety versus productivity. Partly this stemmed from the taking of shortcuts on safety in order to satisfy production. In the short-term, it was perceived that safety could be an impediment to production – take the guard of a machine, run the line speed faster than recommended, “don’t worry about the faceshield, just get it done”. But safety professionals have been arguing that this risky behaviour masks the real problem of not integrating safety management into the business operations and seeing safety as an optional add-on, or something applied when the boss is watching.

The recently released OHS Body of Knowledge provides some relevant insights on the productivity benefits of safety management that deserve better and broader communication. Continue reading “OHS – the missing element in productivity debate”

Vulnerability and arrogance

“How can this be allowed to happen nowadays?” the distressed wife of a seriously injured worker asked me recently. Her husband was sitting next to her, his eyes still victims of the recent terror that nearly killed him. She saw that and struggled to join him in his very dark and personal space. This now would become a life time job for her.

This meeting captured for me one of the most fundamental factors at most workplaces. That workers’ most common feeling at work is that of vulnerability. Of course many workers find comfort and pride in their job. Of course it feeds them and their families. Of course it can provide personal identity and purpose. And of course there are many managers who understand all this.

But it’s also true that much too often this is not the case. That’s one reason why when suddenly factories or mines close, or car manufacturers ‘shed’ 200 workers, or car part factories go bust workers are not only shocked, but it substantiates their sense of vulnerability, “What a shock, I thought they loved us!”

Not only is this painfully evident when a negligently poor H&S standard results in crippling a worker for life, but is typically present on a daily basis. Permanent fear of job loss results. The fact that a worker can be disciplined or sacked for a number of events that can be defined and redefined by creative managers feeds that feeling. That’s another reason why so much bullying and humiliation occur and so much stress is experienced. Continue reading “Vulnerability and arrogance”

New book on OHS laws challenges current understandings of workplace safety

With the change of political heart from some of Australia’s state governments over the harmonisation of occupational health and safety laws, many academic and legal publishers revised their book plans as the national market was less national. However, some continued to publish understanding that although OHS harmonisation had a political deadline of 1 January 2012, refinement of the laws would continue for several years.

Federation Press has released a new book by prominent labour lawyer, Michael Tooma, and academic, Richard Johnstone, called “Work Health & Safety Regulation in Australia – The Model Act“. The title states an immediate limitation that other publishers squibbed at. The book is based on the Model Work Health and Safety Act and not, necessarily, the versions of the Act implemented at State level. Production timelines are responsible for this but it makes it even more important to follow the writings and research of Johnstone and Tooma to understand developments.

The Social Context of Safety

The authors reiterate an important element of the WHS Act in their introduction:

“[the laws] are no longer workplace or occupationally based, nor predicated on the employment relationship; rather the laws protect persons involved in ‘work’ in a business or undertaking, and, in addition, protect ‘others’ whose health and safety is affected by work. Consequently the scope of the Model Act is limited only by the imagination of those entrusted to interpret them and to enforce them.” (page 3)

This paragraph summarises well the elements of the laws that are causing so much fear in the Australian business community. Continue reading “New book on OHS laws challenges current understandings of workplace safety”

Bullying Hansard provides hope, despair and extraordinary claims

On 12 July 2012, SafetyAtWorkBlog described Moira Rayner as the “stand out speaker at the public hearing into workplace bullying conducted in Melbourne Australia. She was always on topic and spoke of her own experience of being accused of bullying. The Hansard record of that hearing is now available online and deserves some analysis to illustrate Rayner’s points but to also to expand our understanding of workplace bullying and the Committee’s operation.

Moira Rayner

As a representative of the Law Institute of Victoria, Moira Rayner, questioned the existing definition of workplace bullying favoured by Australian OHS regulators and said that the definition requires case studies and examples of workplace bullying so that people understand the application of the definition in reality. Many case studies are available in the bullying/OHS/HR literature but these are rarely communicated to community except by labour lawyers through bulletins or by media releases from OHS regulators that rarely gain attention beyond the media editors.

Rayner addressed the confusion in the workplace bullying definition from its reliance on “unreasonableness”:

“It seems to me that unreasonableness or the claimed reasonable purpose of the behaviour needs to be, again, spelled out. You hit on the crux of the matter, Madam Chair, when you say that it is Continue reading “Bullying Hansard provides hope, despair and extraordinary claims”

Performance Management may be key to building a safe workplace culture

Occupational safety advice and incident investigations are peppered with the need to have an improved workplace culture. In some ways, workplace culture is another, and broader, way of saying of “system of work”, a concept that has existed in Australian OHS laws for a long time but never received the prominence of clarity it deserved. But how does one develop an improved workplace culture and system of work? Performance Management seems to be one option.

Performance management is well established in the human resources (HR) discipline but the OHS implications are just being acknowledged in the safety discipline. The concept has been mentioned several times in the public hearings of Australia’s inquiry into workplace bullying as a positive and potential negative.

According to Associate Professor Robin Kramar (now Professor of Human Resource Management at the Australian Catholic University) of in the 2004/2005 edition of CCH’s Australian Master Human Resources Guide, performance management is

“..a way of encouraging behaviour that supports organisational objectives.” (page 19)

This is particularly relevant to the management and removal of psychosocial hazards that safety professionals are increasingly being called on to address or to assist with. Continue reading “Performance Management may be key to building a safe workplace culture”

Category: health

Is safe work a basic, or fundamental, human right?

Like this:

New anti-bullying campaign launched

Like this:

OHS – the missing element in productivity debate

Like this:

Vulnerability and arrogance

Like this:

New book on OHS laws challenges current understandings of workplace safety

Like this:

Bullying Hansard provides hope, despair and extraordinary claims

Like this:

Performance Management may be key to building a safe workplace culture

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: