law – Page 189 – SafetyAtWorkBlog

Stargazing on harmonisation from 2003

Writing recent articles on workplace bullying and harmonisation reminded me of an interview I conducted in 2003 with the then head of the National OHS Commission, Robin Stewart-Compton. NOHSC was a predecessor to Safe Work Australia.

The extract below reminds us that National Uniformity, a cousin to harmonisation, started over twenty years ago.

SAW: In the early 1990s there was a strong push for National Uniformity of OHS laws and a recent conference of the Royal Commission into the Building and Construction industry discussed this issue at length. Will the National Strategy achieve the aims of National Uniformity over 10 years ago?

RSC: The language has changed and you are more likely to hear of National Consistency than Uniformity but although this change has occurred there exists a paradox. Ten years ago we spoke commonly of the objective of National Uniformity and made very little progress toward achieving it. Continue reading “Stargazing on harmonisation from 2003”

Australian Government shifts workplace bullying into the industrial relations system

Politicians are sufficiently media-savvy to release policies and information to gain the maximum exposure in the media cycle. For some reason, Australia’s Workplace Relations Minister, Bill Shorten, missed the opportunity to have his changes on workplace bullying in the newspapers for 12 February 2013. The news cycle is also being dominated by the resignation of Pope Benedict. However Shorten’s response to the Parliamentary Inquiry into Workplace Bullying deserves detailed analysis.

Shorten is bringing the investigation of workplace bullying cases under the Fair Work Commission. There are likely to be complex consequences of this decision, a decision that is clearly the Minister’s as the Parliamentary Inquiry made no clear recommendation on the location of the “new national service”.

“The Committee did not receive evidence on where such a service [“a single, national service to provide advice to employers and workers alike on how to prevent, and respond to workplace bullying” 5.51, page 136] should be located. It might be best situated within an existing government agency or department such as Safe Work Australia, the Fair Work Ombudsman or the Department of Education, Employment and Workplace Relations. It may also be considered appropriate for the service to be an independent body that is funded by the Commonwealth. Consequently, the Committee does not have a clear recommendation as to where the new national service may sit.” (Section 5.58, page 138)

Clearly Shorten’s announcement could easily have been “Minister rejects independent body on workplace bullying”. The Minister should be asked about his reasons for not establishing an independent body into this important issue. Continue reading “Australian Government shifts workplace bullying into the industrial relations system”

How can one learn from OHS mistakes if those mistakes are hidden?

Occupational health and safety (OHS) regulatory agencies have existed for decades, originally with an enforcement role but increasingly aimed to prevention and education. It is fair to say the “2nd generation” of OHS regulators in Australia appeared in the 1980s. It is also fair to expect to be able to readily access the corporate memory and prosecutorial activity of the regulators, particularly since the growth in the Internet. Very recently WorkSafe Victoria reviewed its online database of OHS prosecutions excising prosecution summaries prior to 2012. This decision is a major weakening of the “state of knowledge” about workplace safety in this State, a decision that some have described as outrageous. How can one learn from mistakes if those mistakes are not made available?

Continue reading “How can one learn from OHS mistakes if those mistakes are hidden?”

The smell of ‘corruption’

Such are the warning signs

It stopped at 2.32 pm of an ordinary day. One string of events ended abruptly at the pinch point of a groaning conveyor belt when his arm was ripped off. Do you think of Swiss cheese models of risk alignment? Of complexity or failure to learn? Of the Moura coal mine disaster, the Longford oil and gas plant disaster, the Baker report and the BP Texas City refinery fatalities, of 29 miners killed in the desolate and terrorising Pike River coal mine, NZ, 2010? Do you think of precariousness lurking at work, of leadership, of productivity?

For me this was the 5^th arm I was personally aware of disappearing violently at work, generating years of withdrawal and solitude unrecorded in any OHS statistics. In that time I had also observed hundreds of missing or useless machine guards. Such a well known and easy hazard to fix. What exactly is the problem, what does it indicate about OHS generally, and what may go some way towards practical improvements? Continue reading “The smell of ‘corruption’”

Victorian Government refuses to release full costings of OHS laws

The Victorian Government has repeatedly claimed that new Work Health and Safety laws would cost billions of dollars to introduce. It has justified this political decision with a summary of a report produced by PricewaterhouseCoopers (PwC) in April 2012. SafetyAtWorkBlog applied for the full report under Freedom of Information (FOI) and was rejected.

The Department of Premier and Cabinet’s FOI Officer indicated that the full report existed but that it was not being released as the FOI Act

“…exempts from disclosure a document that has been prepared by a Minister or on his or her behalf or by an agency for the purpose of submission for consideration by the Cabinet.”

The rejection is difficult to understand as the government had already released a 34 page summary.

SafetyAtWorkBlog has been very critical of the summary report due to the amount of disclaimers, equivocations and selected data sources in the PwC report. The estimated costs have appeared in discussions about the Work Health and Safety laws in other States so the full analysis of the laws by PwC would be enlightening. It was hoped that the full report would provide additional background and context to discussing the “costs of safety” but that is not to be.

Kevin Jones

Risks of taking bullying or harassment directly to the Courts

Seeking justice through the court system is everyone’s right but sometimes court action is more newsworthy than normal and sometimes the media is used in conjunction with legal actions. Either way, any court action, particularly on personal matters such as sexual harassment or workplace bullying will be a stressful activity. The workplace safety context of a recent political scandal in Australia involving the Speaker of the House of Representatives Peter Slipper, and an employee, James Ashby, have not been discussed. A summary of, or commentary on, the Ashby/Slipper scandal can be found HERE.

The judgement by Justice Steven Rares in the December 2012 legal proceedings of Ashby v Commonwealth of Australia (No 4) [2012] FCA 1411, provides a salient lesson for those considering taking legal action over a work-related issue, such as sexual harassment, workplace bullying or other psychosocial matter.

Ashby-Slipper and OHS

The Ashby-Slipper sexual harassment proceedings have a legitimate OHS context, reminiscent of the 2009 political scandal involving Godwin Grech. Although occupational health and safety was not overtly stated by Justice Rares it is briefly discussed in the judgement. It is useful to consider these matters in a similar context to recent issues on workplace bullying. Continue reading “Risks of taking bullying or harassment directly to the Courts”

Australia’s harmonisation program may be on life support but it’s getting stronger

In April 2012, this blog said that the harmonisation of occupational health and safety laws (OHS) in Australia was coughing up blood. On 1 January 2013, two more Australian States introduced new OHS laws based on the model Work Health and Safety Act and Regulations of the harmonisation process. (only two left, Victoria and Western Australia) As Acting Workplace Relations Minister, Kate Ellis, said in a media release yesterday:

“As of today 64 in every 100 working Australians will be covered by modern, best practice and consistent laws…”

On the national front, harmonisation has failed but from the perspective of those individual States that have introduced the WHS laws, the process has increased the influence and attention of workplace safety in their jurisdictions.

Laws do not improve worker safety by themselves. They require support and commitment from both business owners and workers. Those fierce and, often, confused critics of the WHS laws need to accept that their campaigns have failed. The maturity of those critics will now be judged by the critics’ preparedness to accept the situation and work within the new laws to improve the safety of their members and clients.

Australian businesses will not benefit from constant white-anting of the new laws, undermining safety laws for political reasons benefits no one. Continue reading “Australia’s harmonisation program may be on life support but it’s getting stronger”

Category: law

Stargazing on harmonisation from 2003

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Australian Government shifts workplace bullying into the industrial relations system

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How can one learn from OHS mistakes if those mistakes are hidden?

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The smell of ‘corruption’

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Victorian Government refuses to release full costings of OHS laws

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Risks of taking bullying or harassment directly to the Courts

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Australia’s harmonisation program may be on life support but it’s getting stronger

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