human rights – Page 9 – SafetyAtWorkBlog

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT). The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers. The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

WorkSafe Victoria provides insight into bullying investigations

It has been known for some time that OHS regulators struggle with handling reports of workplace bullying. Investigation of these hazards requires new inspectorate skills and take considerable time. Investigations of bullying involve people and this is always more involved than inspecting a missing machine guard or assessing the operation of a forklift. However, in an article in the Fairfax media on 24 July 2011 WorkSafe Victoria provides some surprising statistics that show a new perspective on workplace bullying and a contrast to recent statistics from Comcare.

The most significant statistic is that, of the 6000 reports of workplace bullying within the last 12 months, only 600 warrant further investigation and, of those, around 60 generate a physical inspection of the workplace. These statistics may indicate a range of issues:

OHS regulators require greater number of inspectors.
Workplace bullying is being critically misunderstood by the community.
Workers are confused about where to report their treatment and choose WorkSafe as the agency with the highest profile for workplace issues.
Other workplace-related agencies and authorities, such as Fair Work Australia and the Australian Human Rights Commission, need to raise their profiles on this issue.

What is missing from the WorkSafe statistics above is the next level of intervention. What action is being taken by the inspector? Will prosecutions occur? Are improvement notices applied? There may be just as wide a gap between the 60 inspections and an appearance in court.

For readers’ interest searching for “bullying” on the Fair Work Australia site reveals no results however the Australian Human Rights Commission site results in several references – a clarification of violence, harassment and bullying (with links for further information) and a workplace bullying factsheet. Continue reading “WorkSafe Victoria provides insight into bullying investigations”

Only animals should die in abattoirs

The Sunday Age of 30 January 2011 ran an article about the status of workplace safety in some of Victoria’s abattoirs. The article has some similarities to the landmark investigations by Eric Schlosser into work practices and compensation issues related to meatworks in the United States.

The Sunday Age says that

“(Last financial year [2009/2010], there were 355 workers’ compensation claims in Victoria’s meat industry that required at least 10 days off work, or cost more than $580 in treatment, or both – almost one a day. Nationally the industry’s injury and illness rate remains twice as high as that in the construction industry, and four times the average of all workplaces.”

Many would say that meat work is “inherently dangerous” but in the article lawyer Trevor Monti, contests the perception

”Yes, it’s a difficult industry and the work can be hard,” he says. ”But with proper consideration given to the system of work, the risk of injury can be significantly reduced.”

This is a position with which OHS professionals and regulators would agree.

It is significant that, if the comparative figures quoted above by the Sunday Age are accurate, abattoirs do not receive the enforcement attention that the construction industry receives. Is it that the construction industry is largely unionised and the meat industry much less so? Is it that abattoirs are rorting the immigration visa system as asserted by the Australian Meat Industry? Continue reading “Only animals should die in abattoirs”

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”

Category: human rights

Bullying has many causes and too many avenues of appeal

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WorkSafe Victoria provides insight into bullying investigations

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Only animals should die in abattoirs

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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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