OHS context of leave entitlements

Family-friendly work initiatives always get increased attention around International Women’s Day.  This is a shame as work/life balance is not gender specific, however the dominant Western family structures make the application of the concept relative to gender.  As long as the matter is perceived as a “women’s issue”, it will struggle for attention in a basically patriarchal society.

Family-friendly work structures are predominantly associated with hours of work and leave entitlements.  These don’t seem to be OHS matters as they are mostly handled through HR or the pay department however there is a link and it is a link that work/life and work/family advocates may use as a strong argument for their cause.

Leave is a worker entitlement for several reasons:

  • Situations may occur where the employee is required to stay home to look after an ill relative;
  • The employee may stay home as they are too sick to work; and
  • The employee may feel they need time away from work to rebalance their lives.

The second point has an OHS relevance because going to work while sick may introduce a hazard to your work colleagues – presenteeism.  In many jurisdictions it is a breach of an employee’s OHS legislative obligations to not generate hazards for their work colleagues or members of the public while at work.

The third point relates to an individual’s management of stress and/or fatigue.

In Australia, some workplaces allow for “doona days” (or for those in the Northern hemisphere’s winter at the moment “duvet days”).  These are days where a workplace and the employee would benefit psychologically from some time-out in order to “reboot”.

It may also be a valid fatigue management mechanism where long hours have been worked to the extent where attending the workplace may present hazards to others, or to themselves by feeling impaired, or have the employee working well below the appropriate level of attentiveness for the job to be properly done.

Leave entitlements, to some extent, form part of the employer’s legislative obligations to have a safe and healthy work environment.  But they also support the worker’s obligations to look after themselves and not present hazards to others.

The OHS element of leave entitlements should be emphasized when discussions of family-friendly workplaces occur.  Not only does it legitimately raise the profile of OHS in business planning, it can add some moral weight to an issue that can get bogged down in industrial relations.

Some readers may want to check out recent presentations to the US Senate in early-March 2009, by various people on the issue of family-friendly work structure.  These include

Eileen Appelbaum, Director of the Center for Women and Work at Rutgers University,

Dr Heather Boushey, Senior Economist at the Center for American Progress Action Fund,

Rebia Mixon Clay, a home health care worker who cares for her brother in Chicago. (Rebia’s video is below)

Kevin Jones

Drug abuse at work – podcast interview with Professor Steve Allsop

The editors of SafetyAtWorkBlog produced SafetyAtWork podcasts several years ago.  These interviews deserve some longevity even though some of the references have dated.  In this context, SafetyAtWorkBlog is re-releasing a podcast from September 2006 on the management of drugs in the workplace. (The podcast is available at SafetyAtWork Podcast – September 2006 )

Professor Steven Allsop is a leading researching on the use of drugs at work and socially.  Steven is also the Director of the National Drug Research Institute.  In this interview he discusses amphetamine use, how to broach the issue of drug use with a worker and drug policies in industrial sectors.

Please let SafetyAtWorkBlog know of your thoughts on this podcast.

Kevin Jones

Mobile Phones and Driving

Work tools, such as the company car and the mobile phone, can be fun and functional but when used at the same time, the combination is deadly. 

According to media reports a study by the Federal Department of Transport survey of 1500 drivers has shown that 

[in Victoria] about 61 per cent said they had used a mobile while driving, up from 47 per cent in 2005…. More than one-quarter admitted reading a text message while driving, while 14 per cent said they had sent one.
Yet 42 per cent of drivers nationally supported any law banning the use of hands-free mobiles while driving.
Victoria Police caught more than 1800 drivers for mobile phone offences during the holiday period.

SafetyAtWorkBlog has mentioned previously that road safety research rarely logs whether a vehicle is being used for work purposes.  The full survey report is  not yet available and, to a large extent, the media reports have focused on activities related to the Australian h0liday season – alcohol use as well as texting.  

When it is available, SafetyAtWorkBlog will report on any data that could indicate the use of work vehicles as it is inaccurate to simply use road safety data as an overlay of occupational activities.

The use of company vehicles is a complicated area due to the status of the vehicles changing depending on whether the vehicle is a “pool vehicle” or whether the vehicle is able to be used for private purposes.  The one vehicle could be both a work vehicle and private vehicle at different times of the day.  This is the challenge for OHS professionals – to deal with a workplace and an employee who is neither of these 100% of the time.  Unless this status is clarified, any potential policy on mobile phone use whilst driving remains problematic.  Yet the hazard remains.

safe_driving-coverWorkSafe Victoria released a safe driving guide in November 2008 that acknowledges the hazard but clearly leaves it up to the employer to determine the appropriate policy:

The TAC  (Transport Accident Commission) and WorkSafe recommend that hands free calls be kept to a minimum and reserved for emergency type calls.
Handheld mobile phone use is illegal and should not be considered under any circumstances while driving.  Texting or reading texts or caller ID should not be done at any time whilst driving.

Without definitive advice from regulatory bodies but with mounting evidence of the heightening risk of injury and property damage, it will be a brave company that bans the use of mobile phones whilst driving (the ideal OHS control measure).  However, this is one of the risks faced when evidence of hazards is called for but we don’t like the evidence.

Leading from the top on impairment

Advocates of safety culture regularly profess that it must be lead from the top of the corporate structure down.  This applies a false definition of leadership.  Leadership is innovation, understanding and support regardless of one’s position on the corporate ladder.

It is true that professing leadership and corporate goals should be supported by the appropriate actions but that is often the avoidance of hypocrisy rather than seeking active change. It must be acknowledged that leadership can also come from below  – in the mail rooms, the cellars, the janitors and from the shopfloors.

Workers in many industries are subjected to random drug and alcohol tests.  Often these apply to those workers who operate machinery or drive transport vehicles.  And rightly so.  These workers must undertake their tasks without any impairment of their cognitive functions.  Impairment is a concept that the Australian union movement has struggled with for well over a decade mainly because in the industrial relations world this is close to being “fit for work” and how does one define that?  It also has some relationship to “blaming the worker”.  In occupational health and safety, it is seen as looking after one’s self whilst looking after others and the obligation to do this has existed for decades in OHS legislation.

Impairment is commonly discussed now in terms of driving while drunk or stoned or while using a mobile phone.  But long before this there was “impaired judgement”.  As well as being fit-for-work, people needed to be fit-to-think. 

On 4 December 2008, the New South Wales Health Minister (and former Industrial Relations Minister) John Della Bosca rejected a proposal from the Rail, Bus & Tram Union (RTBU) to “to make breath-test kits available on a voluntary basis to MPs wanting to check their blood alcohol levels before they turn up for late night votes.”

It is reported that the RTBU secretary Nick Lewocki has said 

“All rail workers are subjected to random drug and alcohol tests, an infringement on their personal lives that they are told is necessary due to the safety critical nature of their work. But driving the state is every bit as safety critical, and decisions our politicians make on issues as diverse as health, education and transport policy do affect public lives.” 

Ignoring the political devilment of the RTBU, the comment focuses on being unimpaired when making decisions, regardless of the occupation, work task or corporate position.  The Minister has been put in a difficult position where he can’t be seen as responding to union naughtiness but there is merit in leading from the top and making breath-test kits available.  They are not suggesting random testing or mandatory testing but it is reasonable to expect important decision-makers to be fit-to-think and fit-to-decide.

Perhaps drug testing in the workplace would not be seen as the contentious issue it is if it had already been introduced in the boardroom.  The gesture would not be as empty as the corporate leaders may think particularly leading into the season when sauce and ganders were traditionally eaten.

 

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