Clarity of OHS laws in Australia

On 2 September 2010, an interview I undertook with Radio Atticus was broadcast in Australia  (9 minute mark of the podcast)  Radio Atticus is a law program on public radio in Australia.

As well as my comments, the reporter, Nat Cagilaba, interviewed Neil Foster of the  University of Newcastle (referred to as Ian in the podcast I believe).  We discuss the intended role and the current reality of OHS laws.

Comments on the audio are welcome.

Kevin Jones

The cost of not having first aid

On 30 August 2010, WorkSafe Victoria released a media statement about a case in a Magistrates’ Court concerning the death of a worker.  Nothing new in that but in this case first aid gains a prominence that is rarely seen because in this case adequate first aid was not provided.  The uniqueness of the case justifies reproducing the media release in full:

“A Melbourne magistrate has described the failure of a Cheltenham company to seek first aid for a worker who hit his head and later died as ‘outrageous’.

Metal products manufacturer Pressfast Industries Pty Ltd was convicted and fined last week after a 2008 incident where a worker fell over and hit his head on concrete after being struck by a forklift.

The 60 year-old man was later found unconscious at work and died in hospital two days later.

“There was no qualified first aider on site, and the company failed to call an ambulance or seek first aid for the worker,” WorkSafe Victoria’s Strategic Programs Director Trevor Martin said. “The only staff member with first aid training was certified in 1984, and wasn’t alerted until it was too late,” he said.

In handing down his sentence, Magistrate Andrew Capell referred to the company’s decision not to seek help from the first aider, despite the expired certificate, as ‘outrageous’. Continue reading “The cost of not having first aid”

IOSH responds to OHS misperceptions

If ever there was an indication that the UK’s Institute of Occupational Safety & Health (IOSH) is the leading OHS organisation around the world, its entry into the OHS debate generated by the new UK Prime Minister, David Cameron, and the inquiry into OHS by Lord Young confirms it.  “Rebalancing Act?” is a terrific summary of the major points of contention in the debate.

But, IOSH is also pursuing a reform that should have a much greater impact on the OHS profession.  It is establishing a professional accreditation scheme that should set the benchmark for other OHS professional associations elsewhere, particularly in Australia.  The scheme is not revolutionary but the process IOSH has used to build the scheme is admirable, especially when compared with the Australian HaSPA program that has stagnated, apparently, due to organisational politics. Continue reading “IOSH responds to OHS misperceptions”

A bitter internal dispute at the Safety Institute gets a public airing

A member of the Safety Institute of Australia, Sue Bottrell, has taken offence at some of the content in this SafetyAtWorkBlog article.  She has claimed, in a proposed legal action against me, that my blog article, based on an article written by Gavin Waugh and published in Australian Safety Matters Magazine, has defamed her.

Similar legal action is being taken by her against Gavin Waugh, who has indicated that he will be contesting the accusations.

I regret that any element of the SafetyAtWorkBlog article was able to be misinterpreted and caused offence to Sue Bottrell.

Kevin Jones

Tooma takes aim at the Environment Minister over accountability

Participants at the 2010 Safety In Action conference and the 2010 ASSE Conference will be familiar with lawyer, Michael Tooma‘s faith in due diligence to improve safety management in Australia.  In the lead-up to his appearance at another Australian OHS conference in October 2010 he has again restated his faith but this largely ignores the changed political context of OHS harmonisation on which the new Work Health and Safety laws are based.

I have mentioned Australia’s current peculiar political position elsewhere.  The uncertainty of Federal politics overlaps and could greatly affect the OHS harmonisation process, or rather, its application.  It seems even more likely that the Labour Governments in Queensland and New South Wales will fall at their next State elections rendering the fast becoming an ideal of OHS harmonisation dead.

Tooma (pictured right) makes no mention of the changed political reality in a recent media release concerning his upcoming conference appearance although he is willing to take a pot shot at the Federal Environment Minister, Peter Garrett, over the lack of accountability over the deaths, fires and injuries that resulted from the botched home insulation scheme. Continue reading “Tooma takes aim at the Environment Minister over accountability”

Only an OHS expert can deal with the problem

Occupational health and safety(OHS) is supposed to be a skill that anyone can obtain and apply but it is often complicated by experts.  This is not to say that OHS is “common sense”.  The notion of common sense is a nonsense.

Several years ago, Laurie Anderson performed in Melbourne, Australia.  Her show was “Homeland” and the song that I most remember from her performance was “Only an expert“.  There is a wisdom in the song that remains as topical as much now as it did when I heard it at the start of the international banking crisis and the US home lending crash.  Anderson has been able to update the lyrics of the song to include the BP Gulf of Mexico oil spill.

Continue reading “Only an OHS expert can deal with the problem”

Confusion over bullying and sexual discrimination on display in air traffic controller media reports

The Australian media is providing considerable coverage to the legal claim by two female workers against Airservices Australia over bullying and sexual discrimination.  Airservices Australia is a government organisation that control aircraft movement over Australian airspace.

The details of the harassment mentioned in the media are quite offensive and have no place in the modern workplace.

There are a couple of OHS related issues that pertain to the legal action and the media articles.  Firstly, the media struggles to differentiate between sexual discrimination, sexual harassment and workplace bullying.  Bullying has the most direct relationship to occupational health and safety but the others generate stress in the workplace and therefore the impacts, if not the actions, fall within the OHS purview.  The Australian Financial Review (AFR) (page 7, not available online) has a headline “Flight controllers sue for sexual discrimination” yet the article reports on bullying.   Continue reading “Confusion over bullying and sexual discrimination on display in air traffic controller media reports”

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