human rights – Page 7 – SafetyAtWorkBlog

Harmonious fragility or fragile harmony – OHS and politics in Australia

Less than 24 hours after mentioning the fragility of Australia’s OHS harmonisation process, confirmation comes from an unexpected source, Kristina Keneally, Premier of New South Wales (pictured right). It would seem that Keneally’s decision to change her stance on OHS is more to do with a general package of industrial relations and, union-friendly, reforms, as reported in the Brisbane Times on 14 October 2010 (video available HERE). Yet she has stated that

“”We will not therefore introduce the model OHS legislation as it is currently drafted.”

The media has been quick of highlighting this new tension between State and Federal agendas. Prime Minister Julia Gillard was asked about Keneally’s statements and responded:

“….I think the Keneally Government should honour the agreement it made. It had an extensive period of time to raise issues of concern – and indeed it did, through its Minister at the Workplace Relations Ministerial Council table. Issues were raised, issues were discussed. When you are reaching uniform laws, it is obvious that states and territories come with different perspectives. They’ve got their own laws. If no-one moves then you never get national uniformity.

So, yes, New South Wales raised issues along the way, but it accepted the outcomes and it signed the deal. We require the deal to be delivered.” Continue reading “Harmonious fragility or fragile harmony – OHS and politics in Australia”

Only an OHS expert can deal with the problem

Occupational health and safety(OHS) is supposed to be a skill that anyone can obtain and apply but it is often complicated by experts. This is not to say that OHS is “common sense”. The notion of common sense is a nonsense.

Several years ago, Laurie Anderson performed in Melbourne, Australia. Her show was “Homeland” and the song that I most remember from her performance was “Only an expert“. There is a wisdom in the song that remains as topical as much now as it did when I heard it at the start of the international banking crisis and the US home lending crash. Anderson has been able to update the lyrics of the song to include the BP Gulf of Mexico oil spill.

2010 International Day of Mourning

Tomorrow, 28 April 2010, is the International Day of Mourning, a remembrance day for those who have died at work. In Australia most of the focus will be on the memorial event in Sydney as the majority of trade union leaders are in the city for the ACTU Organising Conference. This has the potential to leave events in other capital cities muted as second string trade union leaders are likely to host events.

Tasmania’s trade union movement has chosen to replace a fixed geographic event with a mini-event in workplaces. Its poster is on the right. Workers are encouraged to

“Wear a wristband as a sign of respect to those who have died at work
Hold a minute’s silence in remembrance”

A list of Workers’ Memorial Day events in Australia is available through the ACTU website. Continue reading “2010 International Day of Mourning”

Coordinated raid on illegal workers in Australia

Illegal migrant workers are not a big problem in Australia. Those who are caught are usually working outside of the allowances of their tourist or student visas. Being an island nation and the bottom of the world, Australia does not have border protection issues to the extent of the United States or Europe.

That’s an odd way to begin an article, particularly one of occupational health and safety but there is a relevance.

The issue of migrant workers came up following a media statement from the Department of Immigration and Citizenship on 14 December 2009.

“…..10 people [working]on a farm at Carcuma, near Coonalpyn in the South Australian Mallee region [were detained]….

[the group contained] eight Thai and two Lao nationals who are now expected to be removed from Australia. …

Six of those located were unlawful non-citizens, two were student visa holders and two held tourist visas. …..

All are suspected of working illegally on the farm and investigations will now be conducted into their employment.” Continue reading “Coordinated raid on illegal workers in Australia”

Accident Comp changes put to Victorian Parliament

According to the WorkSafe Victoria website, changes to the Accident Compensation Act were introduced to the Victorian Parliament on 10 December 2009.

WorkSafe is very confident that the changes will be passed. The summary only talks about “when” the bill is passed. There is every likelihood it will be passed but the summary has a tinge of arrogance to it.

A summary of the proposed changes is available online.

It all sounds positive and most of it seems about financial improvements. There are always concerns when a government move from prescriptive- to performance-based practices. The summary describes the Return-To-Work benefit:

“Prescriptive return to work requirements will be reframed as performance based duties to improve flexibility.”

Usually this sort of change is a red flag for rorts and abuse.

The summary does say that enforcement activities will be increased:

“The Return to Work Inspectorate will have a wider range of tools to improve the effectiveness of compliance activities in relation to return to work obligations, maintaining a fair and consistent application of the law.”

However with the government’s recent spate of administrative mistakes, sloppiness and oversights exposed through the Auditor-General’s reports, accountability in this important area will need to be carefully watched.

The Minister for Workcover, Tim Holding‘s speech to the Bill’s second reading concluded (according to the draft Hansard):

“This bill providers (sic) fairer and better benefits to injured workers and their dependents, recognises that getting injured workers back to work is a central pillar of the scheme, and provides greater transparency for employers in their interactions with the scheme. The benefit enhancements in this bill are financially responsible, affordable, and consolidate Victoria’s position as the leader in workers compensation in Australia.”

Kevin Jones

Where is the human right to safe work?

Australia is in the middle of a debate about the possible introduction of a charter or bill of human rights. The debate has been invigorated by the presentation to the Federal Government of a consultation report on human rights.

Occupational safety is often said to be an issue of human rights but this seems to be a secondary action inferred from labor rights rather than a specific statement. Below are a selection of the articles in the United Nations Universal Declaration of Human Rights that may relate to safe workplaces:

Article 1 – All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 3 – Everyone has the right to life, liberty and security of person.

Article 7 – All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 23 – 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

Article 24 – Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

The closest one would get to a specific right to “safety at work” would be Article 23 – 1 where there is a right to “favourable conditions of work”. Favourable is a term that is not seen in OHS legislation or discussions but may tie in with the Australian Government’s concepts of Fair Work.

Article 25 – 1 refers to “the health and well-being” but the following examples place this clearly in the social, non-workplace context.

Article 25 – 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

One could argue that the right to a “standard of living” may include the qualitative elements of a safe working environment but a standard of living – usually income, education and, sometimes, access and quality of health care – is not the “quality of life” which includes safety.

The report referred to above again does not have an overt statement that people have a right to a safe workplace but it does say, in its summary, that introducing a Human Rights Act

“…. could generate economic benefits, reducing the economic costs associated with policies that do not protect the lives and safety of Australians.”

This language may get a sympathetic ear from the Government in its context of a review of OHS legislation.

But no-one is making the case for a right for a safe workplace.

The argument that a specific right is not required as the state and national OHS legislation places clear obligations on employers and employees does not hold water as similar obligations are in other legislation and some of those sectors are advocating for human rights.

It should be clear from this article that SafetyAtWorkBlog is not a lawyer or a human rights specialist. But what the Government is looking for is discussion on the potential impacts of a Human Rights Act and it is clear from much of the contemporary discussion on occupational health and safety that the overlap between OHS and social safety is increasing very quickly, in the opinion of SafetyAtWorkBlog, quicker than the legislations and laws can cope.

In the past the trade union movement would take the running on human rights as part of their social charter but, as has been said in other SafetyAtWorkBlog articles, the trade unions still remain focused on the material interests of work, primarily, and are currently lobbying on OHS in Australia, primarily, from an industrial base.

The labour lawyers are debating the intricacies of the proposed OHS laws rather than the big picture, the context of the OHS laws in the broader legal and social fabric. Perhaps this is considered a dead area of examination and discussion. Once a law is introduced or a precedent set, lawyers tend to adjust their analytical thinking to fit. Safety professionals and commentators have the luxury to think more broadly.

The safety professional associations are remarkably quiet on the whole idea, preferring to bow to their legal advisers while at the same wondering how they can find relevance in the evolving social context of OHS.

If readers of SafetyAtWorkBlog can shed any light on the human right for safe work, please submit comments below.

Kevin Jones

Freshening an OHS career

OHS professionals, as with any profession, can easily become out-of-touch with what their profession is all about. This is to improve the safety of people through a professional and competent approach.

Some professionals lose touch because they may be dealing with corporate OHS policies all day, they may never get away from head office and the endless round of meetings, they don’t get to go to events outside their own professional network or they are simply comfortable with the “academic” role and not miss getting their hands dirty on the shop floor.

In each of these scenarios the OHS professional is doing themselves, and their profession, no favours. Their career may progress but their thinking does not. Some OHS professional associations are at the same plateau.

There are some small things one can do if one wants to break the cycle and obtain a better quality of work.

Test the validity of the corporate polices by arranging for an internal audit by someone else and participate as an observer.
Take one’s skills out of head office and offer to mentor some of your contractor’s OHS people.
Establish a pro-bono service for the smaller businesses nearby.
If one’s company is in an industrial estate, start-up an Estate OHS group where business owners can meet to share or create solutions.
Offer one’s OHS services to a not-for-profit organization, if your company offers “volunteer” leave.
Offer to assist students at all levels with their OHS assignments.
Take a sabbatical to majority world sectors, such as Asia, and offer one’s OHS skills to OHS and labour advocates in that region.*

The biggest threat to one’s safety skills is stagnation. If one’s professional safety organisation does not have the programs available to freshen up your skills and approach, go outside the safety field. It is surprising how one’s skills in one area can be applied in others, such a public health, environmental safety, transport or maritime safety.

Kevin Jones

* A particularly useful organisation that is worth contacting is ANROAV – the Asian Network for the Rights of Occupational Accident Victims

A colleague in Asia recently told SafetyAtWorkBlog that ANROAV is in need of variety of educational materials. Many of these are basic tools such as jigsaws that can be used to identify hazards or safe work options.

$A10,000 would be a great help in establishing a basic education fund which could access a suite of OHS comics and short films that can be used for education on fire risk, cancer, mine safety, electronics, solvents etc..

Category: human rights

Harmonious fragility or fragile harmony – OHS and politics in Australia

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Only an OHS expert can deal with the problem

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2010 International Day of Mourning

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Coordinated raid on illegal workers in Australia

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Accident Comp changes put to Victorian Parliament

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Where is the human right to safe work?

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Freshening an OHS career

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