Where is the evidence for new moves on drug and alcohol testing?

On 1 July 2014, the Victorian Government introduce a mandatory drug and alcohol testing regime for the sections of the construction industry.  According to the government’s media release:

“New requirements for tighter screening of drug and alcohol use at construction workplaces across Victoria will commence from 1 July, helping to ensure a safer and more secure environment for workers.”

This decision has been made on the basis of “widespread reports of workers being intoxicated, and of drug distribution and abuse” but the rest of the media release reveals other reasons for these changes including political pressure on its Labor Party and trade union opponents in the months before a close State election. Premier Denis Napthine has indicated that the move is also about cracking down on “outlaw motorcycle gangs dealing drugs on the sites”.

But are reports of potential criminality on building site enough to introduce a drug and alcohol testing regime? It is worth looking at some of the existing research on drug and alcohol use (or its absence) in Australian and Victorian work sites.

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Analysis needed on new workplace bullying data

In December 2013 I wrote:

“The Age is correct in saying that claims of workplace bullying are “set to soar”. This has been predicted for some time, even privately by members of the Fair Work Commission, but the number of claims does not always indicate the level of a problem.” (link added)

Recently the Fair Work Commission (FWC) released its

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Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014

IWMD 2014 01A short time ago the International Workers Memorial Day commemoration in Melbourne, Victoria, concluded. The ceremony was less sombre than in previous years with, it seemed, fewer families and relatives of deceased workers.  Certainly there was no speech from a family member, nothing from workplace safety advocates other than the three trade union speakers, Meredith PeaceBrian Boyd and Michael Borowick (all pictured right), however there were tears for some in the crowd and wreaths were laid prior to a minute silence.

The politics was reduced this year as there were no noisy protests from the back of a tray truck and no march on Parliament afterward, however politics is never far from the surface of this type of event. Michael Borowick, Assistant Secretary of the Australian Council of Trade Unions  was the more effective of today’s three speakers.  Continue reading “Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014”

Australia’s Construction Code and the Home Insulation Royal Commission

On 17 April 2014, Senator Eric Abetz, Australia’s Workplace Relations Minister, released the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 and supporting guidelines.  This Code is, fundamentally, an industrial relations Code however there is an occupational health and safety (OHS) element that needs to be noted, particularly when considered against the background of the Royal Commission into the Home Insulation Program.

Section 6.2.1 of the Code’s Guidelines says:

“Improving the industry’s WHS&R [Work Health Safety and Rehabilitation] performance requires positive measures that aim for prevention rather than correcting things when they go wrong. This initiative is directed at making WHS&R management an integral part of the organisational culture of companies and enterprises.”

The aims of this section are laudable – “positive” actions, “integrated, pre-emptive instead of reactive – but there are also hints that role of safety in this Code has not been fully thought out.

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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”

CEO survey shows odd attitude to OHS

Cover of AiGroup CEO Survey 2014One has to be very careful with surveys, particularly those involving business confidence or surveys of an organisation’s membership base.  These are often surveys of perception which may not correlate with reality and can be used as an excuse to lobby government or set an agenda rather than determining a societal truth.  A recent example of this type of survey seems to have been produced by the Australian Industry Group entitled “Burden of Government Regulation“.  The AIGroup’s media release accompanying the report states that

“Over 83% of employers surveyed listed regulation related to industrial relations and occupational health and safety as a significant regulatory burden in 2014.”

Continue reading “CEO survey shows odd attitude to OHS”

Senator Abetz oversteps on workplace bullying claim

abetz.com.au - Joe McDonald 130314Anyone dealing with occupational health and safety (OHS), or in any profession, knows to be careful with one’s words in public.  This is particularly so when one is dealing with mental health issues or claims of workplace bullying.  This week Senator Eric Abetz, Australia’s Workplace Relations Minister, seems to have overstepped the mark by misrepresenting some Federal Court Orders as related to workplace bullying, when the Court made no such statement.  This could simply be dismissed as political hyperbole in the heat of the moment but this was no off-the-cuff remark.  He headlined his media release on 13 March 2014 as:

“Joe McDonald found guilty of workplace bullying – yet again. Bill Shorten must now act”.

According to Safe Work Australia, an organisation within Senator Abetz’s portfolio, workplace bullying is defined in the most recent national guide as

“repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.” (page 2)

Nowhere in the Federal Court orders*  is workplace bullying, or any other bullying, mentioned and the Federal Court has not found Joe McDonald guilty of workplace bullying. The best that can be said is that Joe McDonald has a history of intimidation on construction sites and that this has created tense relations between the workforce and employers (perhaps a confused safety culture) and generated delays in construction.

Does this all matter? Yes

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