law – Page 178 – SafetyAtWorkBlog

Regulating The Great Leap Forward (Into The Bleeding Obvious)

Col Finnie has provided the following article in response to OHS compliance checklists:

It’s gotta be time to bite-the-bullet. The wish-fulfilment approach – that people will apply some sort of system to how they look after safety because that’s the only sensible way to do it – well, that’s not working, particularly it seems, in the small business area.

Time to regulate for the obligation to have something that can, at very least, lay the foundation for a comprehensive systematic approach. Seems just a bit whacked to me that a demonstrable systematic approach is required once a worker is injured (with the return-to-work obligations) and yet there is nuthin’ for the prevention stuff.

Getting a slapping from a magistrate for having no safe work procedures (as one part of a systematic approach) would work as an incentive if people were busted as often as they are for road traffic naughtiness; but we know that frequency of OHS busts are just not going to happen.

The Great Leap Forward (Into The Bleeding Obvious) would have to be regulated in a smart way. Continue reading “Regulating The Great Leap Forward (Into The Bleeding Obvious)”

Forklift incidents continue

One of the the most hazardous pieces of equipment in modern workplaces is the forklift. Sadly it is also one of the most useful. A recent prosecution in Western Australia provides an example of many of the serious risks in using forklifts:

untrained or undertrained drivers
unsafe decisions by employers
the safety role of seatbelts
labour hire management and staff supervision
driving with forks elevated
training certification.

Other related issues are the employment of

transient labour, and
young workers.

According to a WorkSafe WA media release, the basic facts of the incident are

“Flexi Staff supplied two casual labourers to the Beds Plus warehouse in Kewdale in February, 2008. The two men were British citizens on a working holiday in Australia. [links added]

It was not part of their labouring job to operate forklifts, and neither had any experience or qualifications or High Risk Work licences. Continue reading “Forklift incidents continue”

Australian Governments’ flawed strategy on new OHS laws

Lawyer Andrew Douglas’ latest article for SmartCompany illustrates the conflicting approach to the enforcement of alcohol and drug policies in workplaces. Douglas illustrates the constant struggle for business operators between employment law and safety law, workplace relations and human resources. Case law has progressed the management of human capital more quickly than has safety management over the same workplace issue of alcohol and drug use leading to a difficulty in determining the best managerial approach to the hazard.

Douglas’ discussion of the role of case law in changing managerial approaches also has relevance in the OHS harmonisation process currently occurring in Australia. In the early days of this process, the legal fraternity believed, and often publicly stated, that the operation of the law will be “ironed out” only after several years of prosecutions and case law. These statements seem to forget that behind almost all OHS prosecutions are one or more injured workers and the reality is often forgotten when part of a lawyer’s motivation is also to seek a precedent or a clarification of the law. Continue reading “Australian Governments’ flawed strategy on new OHS laws”

Queensland’s Work Health Safety Bill in Parliament

Several submissions to Australia’s OHS harmonisation process were very critical of the lack of attention provided to the occupational diving industry. It seems that the Queensland Government has been listening as it has introduced into Parliament a Safety in Recreational Water Activities Bill 2011 alongside its State-version of the model Work Health and Safety Bill (WHS). The safe diving bill is an example of the additional State-level OHS legislation that the harmonisation process has always allowed for, and may pave the way for “specialist” OHS laws in other States. The Queensland process is slightly different from how the New South Wales government has approached its OHS legislation.

The bill, as outlined in Hansard, uses model WHS bill language:

“Now I turn to some of the specifics. The Safety in Recreational Water Activities Bill includes the following key elements:

a primary duty of care requiring persons conducting a business or undertaking to, so far as is reasonably practicable, ensure the health and safety of the Continue reading “Queensland’s Work Health Safety Bill in Parliament”

South Australia drops new OHS Bill less than one month after introduction

The South Australian Government has confirmed to SafetyAtWorkBlog that the Work Health and Safety Bill introduced into Parliament on 7 April 2011 has been withdrawn less than one month later.

South Australian politics has been in turmoil since the resignation of the Industrial Relations Minister, Bernie Finnigan, on 22 April 2011. Finnigan presented the WHS Bill to Parliament and had the running of the Bill. The IR portfolio, including this Bill, was given to Patrick Conlon and Conlon decided to withdraw the legislation.

A spokesperson for Minister Conlon has advised SafetyAtWorkBlog the Bill was withdrawn for procedural reasons. Finnigan was in the Upper House and Conlon is in the lower. For Conlon to take carriage of the Bill, it needs to be introduced into the Lower House and that is likely to be within weeks.

Conlon has also decided to take advantage of the situation by allowing South Australians to make representations on any concerns they may have with the legislation.

This delay makes it more difficult for South Australia to meet the deadline for the legislation at the end of 2011 but it also takes a little of the gloss from being the first State to support the national OHS harmonisation process by introducing its own legislation. Continue reading “South Australia drops new OHS Bill less than one month after introduction”

New work health safety laws in NSW parliament

The New South Wales Government submitted its version of the Work Health and Safety Bill into parliament on 4 May 2011. Neither the Bill or speeches are yet available on-line [Update – see comments below] but NSW Greens MP, David Shoebridge, has provided some indication of what was presented. Hopefully more information will be available tomorrow.

Shoebridge confirms what many expected

“The Work Health and Safety Bill and Occupational Health and Safety Amendment Bill will remove the capacity of unions to prosecute for breaches of Occupational Health and Safety laws….”

“These bills will also remove the jurisdiction of the Industrial Relations Court and abolish the reverse onus of proof…”

These changes are simply the political cost of the national harmonisation process. Whether the removal of these powers will decrease workplace safety levels in NSW is highly debatable, as the lack of these in other State does not seem to have affected safety levels. Continue reading “New work health safety laws in NSW parliament”

Australian IR Minister mentions international OHS conventions action

Chris Evans, the Australian Minister for Workplace Relations issued a media statement on 28 April 2011 concerning the World Day for Safety and Health at Work. As well as some generalities about OHS harmonisation and government commitment, he said

“The Australian Government is also in the process of ratifying the ILO Asbestos Convention 1986 (convention 162) and the ILO Protocol of 2002 to the Occupational Health and Safety Convention 1981 (Protocol 155).

These ILO instruments will give Australians a world class OHS regime, by entrenching best practice in protecting our community from the harmful effects of asbestos and enhancing data collection and publication to support policy making and research.

“Australia has long been a member and supporter of the ILO in its efforts to promote safe work environments and raise the quality of labour and social standards throughout the world,” said Senator Evans.” [links added]

This seems a positive move but it is significant that no deadline for ratification is identified by Minister Evans. There are also a couple of obvious limitations or problems with these conventions and protocols. Continue reading “Australian IR Minister mentions international OHS conventions action”

Category: law

Regulating The Great Leap Forward (Into The Bleeding Obvious)

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Forklift incidents continue

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Australian Governments’ flawed strategy on new OHS laws

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Queensland’s Work Health Safety Bill in Parliament

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South Australia drops new OHS Bill less than one month after introduction

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New work health safety laws in NSW parliament

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Australian IR Minister mentions international OHS conventions action

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