Category: law

Success from enlightenment not compliance

An article in the InDaily online newspaper for 4 April 2011 provides several safety management issues that are worth pondering. (Thanks to the readers who brought the article to my attention)

Keith Brown was the CEO of South Australia’s Workcover Corporation earlier this century.  He has told InDaily that he lost his position due to a change in the politics of the state and has not been welcome since. (A more personal perspective on Brown was provided by Rosemary McKenzie-Ferguson in a January 2011 blog comment.)

Brown says that the most effective way of reducing the unfunded liabilities of workers compensation is to communicate with all stakeholders in the injury management process.  He believes that

“WorkCover now operates more to service the needs of the bureaucracy compared to the operation he ran for six years in favour of the clients.” Continue reading “Success from enlightenment not compliance”

Workplace safety challenges for the Coffice

What is a workplace?  In Australia, the easy answer is “wherever work takes place”.  This seems sensible and logical but think about it and the impact on businesses and community will be large.  The Sunday Age newspaper reports on one business that is setting down some ground rules for those who are running businesses from their cafe or, what the article describes as “coffices“. Continue reading “Workplace safety challenges for the Coffice”

Election excitement masks OHS confusion

The Liberal Party of New South Wales won last Saturday’s State election in a landslide.  The New South Wales employer associations are jubilant but the jubilation masks some confusion over OHS reforms.

The new NSW government is being urged to act promptly on OHS reform issues particularly by the Australian Institute of Company Directors (AICD) and the NSW Business Council but the media statement of the AICD illustrates the confused understanding of the national OHS reforms. It says

“Reforms should include reducing the burden on business of excessive regulation, re-committing NSW to participate in the national reform of occupational health and safety laws and reducing the excessive liability burden imposed on company directors by state legislation.”

“The new government must move decisively in its first term to reduce unnecessary regulation and red tape, which is strangling business.”

It is acknowledged that the introduction of new OHS laws will substantially increase the need for paperwork in order to produce the evidence required to support compliance, due diligence and positive OHS duties on managers. It seems impossible to achieve OHS reforms with also accepting the increased documentation. Continue reading “Election excitement masks OHS confusion”

Managerial OHS walk-arounds and D&O liabilities

The latest edition of The National Research Centre for Occupational Health and Safety Regulation’s newsletter lists two new working papers, one from Andrew Hopkins and one from Neil Foster.  Both should be obligatory reading.

Hopkins discusses how to increase the value of the “management walk-arounds” an increasingly common key performance indicator for senior executives.  Hopkins, naturally, uses the Deep Water Horizon case as an illustration of the flaws in the process but walk-arounds should not only be for large projects.

Hopkins shows that the VIPs had an inadequate understanding of safety.  They identified the slips, trips and falls hazards rather than asking questions about the potential major hazards of the facility.  This is a common trap for managers and safety professionals, for those with suitable OHS skills, and one that needs to be actively countered.  Continue reading “Managerial OHS walk-arounds and D&O liabilities”

Understanding people is understanding safety

SafetyAtWorkBlog reader Ken Malcolm submitted this comment in response to Yossi Berger’s article of 21 March 2011 but I think it warrants a post of its own:

It is often said two safety professionals never agree however I do agree SA law has been ineffective.  However let me explain why I think this way.

I am in Victoria, in the business of making sustainable changes in the workplace.  I am convinced that prescriptive legislation does not cut it when you want to improve safety, as Lord Robens recognised.  All you get are thicker law books and people less willing to read them.  In most businesses I consult to, they have a problem and the problem is quite simple.  They have excellent systems but nobody is implementing or enforcing them; or the employees are just not following them. In many cases they have an eager OHS Manager with perfect sets of graphs and records; he or she is busily tracking failure.  What they can’t do is drive a culture change.  BTW, safety culture is what you get when the boss isn’t there.

The requirement to find hazards and manage them according to the unique circumstances of the work environment and of the persons within it, does affect culture if this process is supported by senior execs and fostered or encouraged properly.  Laws that encourage that approach are desirable.  With regards to getting tough, fear motivation does not achieve lasting change and with a normalisation of deviance, greater risks are tolerated by degree until people are climbing on safety rails to clean equipment 6 metres from the ground.  Continue reading “Understanding people is understanding safety”

Authority in denial?

Polite or ignorant?

Coroners can be a polite lot, preferring what they would call ‘substance’ to emotion, accuracy to grand standing.  They also hope that their Findings make a difference and help to protect people against a range of lethal circumstances.  Ex-coroner Graeme Johnstone (Victoria) was an outstanding example in OHS.   So any comments in their Findings ought to be considered against this background.

However, the comments by the South Australian State Coroner Mark Frederick Johns in his Findings (9/2/2011) in the death of Daniel Nicholas Madeley who died (6/6/2004) as a result of an occupational incident are puzzling.  Either the man is being very polite or seriously ignorant of what really goes on in industry.  And it does matter because coroners carry a lot of authority.  Work by Johnstone, Olle and Tasmanian coroners (mining disasters) has been very helpful.

Poor guarding

To paraphrase: Daniel was 18 years old when he died of ‘horrific injuries sustained when he was caught in a horizontal boring machine’.  He became entangled in the machine Continue reading “Authority in denial?”

Safe Work Method Statements and independent positions

Over the last few months most Australian OHS regulators, and many labour law firms,have been conducting workshops and public seminars on Australia’s plans to harmonise its OHS legislation.  In those workshops, the consultative process and timeframes have been described by some as a “nightmare”, which is not exactly inspiring participants who are seeking clarity from the confusion.

Significantly, others are encouraging the audience to advocate specific positions in potential submissions.

Recently, concerns were raised over the revisions to Safe Work Method Statements (SWMS) provisions.  It was suggested that SWMS have the potential to bloat beyond several pages due to the need to include “associated risks”.  Most safety management systems and OHS professionals would already have include secondary, ancillary or associated risks as part of the job safety analyses and SWMS. Continue reading “Safe Work Method Statements and independent positions”

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