law – Page 170 – SafetyAtWorkBlog

Workplace Safety finally gets a mention in the Victorian election campaign (sort of)

On 25 November 2014 the Federal Minister for Employment, Eric Abetz, attacked the Victorian Labor Party over its pledge to revoke the Construction Compliance Code which, primarily, deals with industrial relations but also has some occupational health and safety (OHS) requirements.

Abetz states that

“the Victorian Shadow Industrial Relations Minister [Natalie Hutchins] falsely claimed that the Code would not improve workplace safety, despite the numerous improved safety standards that it contains.”

The claim, apparently in the Herald-Sun newspaper, cannot be verified except through a reference in a news.com.au article. The original quote seems unavailable.

It is curious that this OHS criticism has come from a Federal Parliamentarian instead of from Victoria’s own Industrial Relations Minister and Attorney-General,

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Should Australian safety professionals be certified?

On November 12 2014, the Safety Institute of Australia (SIA) conducted its first large seminar on the certification of occupational health and safety (OHS) professionals. The seminar had an odd mix of some audience members who were suspicious, others who were enthusiastic and presenters who were a little wary. There were few who seemed to object to certification but, as the SIA admitted, the process is a long way from complete.

Justification for Certification

Certification works when it is either mandated by government, usually through legislation, or in response to a community/business/market need. Australia does not seem to have either. The SIA explained that there is a “legal requirement” for OHS certification by placing it as part of the OHS due diligence obligations of Australian businesses, that Safe Work Australia (SWA) sort-of refers to it it in its National OHS Strategy and that the “Recommendation 161” of an unspecified international law:

“….calls for organisations to have access to “sufficient and appropriate expertise” as a basic right of all workers.”

There is no such Recommendation but there is an Occupational Health Services Convention, 1985 (No. 161)
Convention concerning Occupational Health Services (Entry into force: 17 Feb 1988) – a International Labour Organisation Convention that Australia has not ratified.

The SWA strategy repeatedly mentions the important of “health and safety capabilities” as a “national Action Area”. It specifies this action area as:

“Everyone in a workplace has the work health and safety capabilities they require.
Those providing work health and safety education, training and advice have the appropriate capabilities.
Inspectors and other staff of work health and safety regulators have the work health and safety capabilities to effectively perform their role.
Work health and safety skills development is integrated effectively into relevant education and training programs.” (page 9)

In the strategy’s chapter on Health and Safety Capabilities, SWA says:

“In a decade many existing workplace hazards will still be present and new ones will have appeared. It is particularly important that education and training enable those who provide professional or practical advice to competently deal with old and new hazards. Those who provide advice need to know when to refer the matter to others with appropriate expertise.” (page 12)

There is no mention of certification in the SWA strategy but the SWA is sympathetic to certification. Continue reading “Should Australian safety professionals be certified?”

AiGroup pushes for harmonised OHS laws during Victoria’s election campaign

Later this month, Victoria is conducting its regular State election. Workplace safety has not been mentioned by any of the candidates but at least one industry association has mentioned occupational health and safety in its pre-election statement. The Australian Industry Group (AiGroup) has recommended

“The next Victorian Government should immediately commit to the harmonised OHS laws as the state remains the only jurisdiction not to do so.” (page 5)

The AiGroup does not expand on the reasons for this recommendation other than seeing OHS has part of its general call for harmonisation and that it is part of “reducing costs of doing business”. SafetyAtWorkBlog was able to fill in some of the AiGroup’s reasoning by talking, exclusively, with

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Serious questions raised (again) about the role of safety culture

One of the central tenets of modern safety management is the need to establish a safety culture. However recent Australian research has cast serious doubt on whether this current belief is valid or useful.

In October 2014, the Safety Institute of Australia launched several new chapters to the Body of Knowledge (BoK) project. One of those chapters, based on a literature review and authored by David Borys, addresses organisational culture* and says that safety culture:

“… [has] limited utility for occupational health and safety (OHS) professional practice.”

“… literature has unresolved debates and definitional dilemmas.”

“…..remains a confusing and ambiguous concept in both literature and in industry, where there is little evidence of a relationship between safety culture and safety performance.”

These findings should cause all OHS professionals and company executives to re-evaluate the safety culture advice and products that they have received over the last decade.

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What if “reasonably practicable” was applied to a disease outbreak?

There seems to be an increasing trend for the principles of occupational health and safety (OHS) to be applied to matters outside the workplace. OHS principles were created to reflect the values of society in the 1970s and 80s and, although the laws have changed to reflect economic needs, the principles remain basically the same. A major legal change has been the move away from preventing harm “at the source” to one of reasonable practicability and this can reduce the overall level of safety available to workers and others.

It is interesting to note that statements on the current Ebola outbreak argue the sense in dealing with the outbreak “at the source”. Why do we accept a reasonably practicable control measure for harm at work but expect a stronger preventative measure for public health threats? Shouldn’t we be aiming to reduce all harm “at the source” regardless of the type of harm? Continue reading “What if “reasonably practicable” was applied to a disease outbreak?”

Lack of progress on Safe Work Method Statements shows immaturity

On 27 October 2014 the Safety Institute of Australia, with the support of RMIT University conducted a seminar on safety in the construction industry. As with the event last year the issue of Safe Work Method Statements (SWMS) dominated the conversation. The same frustrations were expressed as last year – SWMS are too big and complex, they are demanded for tasks they are not legislatively required for, they are rarely read, they are rarely reviewed and they are written only in English. What was missing was an indication of who is (over)demanding SWMS and why.

The seminar contained one client representative experienced in major construction projects who said that he was not directly involved with SWMS as the contract demands only that work is undertaken safely with predetermined levels of risk and reward. That level of safety may or may not involve the use of SWMS – SWMS were not prescribed.

He did not review SWMS unless there was a specific reason and most of the time there was not. It could be argued that too much involvement by the client in how the project is to be completed implies a shared OHS responsibility with the client, changing the client/contractor relationship.

One construction industry representative said that they have been able to reduce the number of SWMS to around twenty types for each of the active construction projects. This has been achieved by limiting the SWMS to the 19 high risk tasks identified in safety legislation. It was significant that this perspective came from the top-level of construction companies, the Tier Ones.

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Whitlam’s dismissal diverted workers compensation reform

In October 2014, one of Australia’s Prime Ministers, Gough Whitlam, died at the age of 98. Whitlam introduced major social reforms, many which still exist today (just). One reform he valued but was not able to achieve was a national accident compensation scheme. It is worth noting when reading of the current economic and moral arguments over workplace responsibility and over-regulation that Whitlam’s national accident compensation scheme included workers compensation.

In 1974, during Whitlam’s time as the Prime Minister of Australia, the New Zealand government established a no-fault accident compensation scheme following the 1967 Royal Commission of Inquiry into Compensation for Personal Injury in New Zealand chaired by Owen Woodhouse. Woodhouse was invited to assess the likelihood of a similar scheme being introduced in Australia. He completed his inquiry (not available online) for such a scheme and legislation was drafted. The bill was in the Australian Parliament when the Whitlam government was dismissed by Governor-General John Kerr. As a result of the political machinations of the Liberal Party of Australia, Australia missed the opportunity to have a national accident compensation scheme. Continue reading “Whitlam’s dismissal diverted workers compensation reform”

Category: law

Workplace Safety finally gets a mention in the Victorian election campaign (sort of)

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Should Australian safety professionals be certified?

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AiGroup pushes for harmonised OHS laws during Victoria’s election campaign

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Serious questions raised (again) about the role of safety culture

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What if “reasonably practicable” was applied to a disease outbreak?

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Lack of progress on Safe Work Method Statements shows immaturity

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Whitlam’s dismissal diverted workers compensation reform

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