law – Page 190 – SafetyAtWorkBlog

Lord Young = old approach to OHS

Reviews of OHS legislation by governments are usually keenly anticipated as they mostly occur once a system is broken. But there seems to be considerable trepidation with the plan announced on 14 June 2010, by the Prime Minister, David Cameron.

Cameron has appointed Lord Young to undertake an extensive review of OHS. According to the Prime minister’s media statement:

“The rise of the compensation culture over the last ten years is a real concern, as is the way health and safety rules are sometimes applied.

We need a sensible new approach that makes clear these laws are intended to protect people, not overwhelm businesses with red tape.”

Lord Young has a lot of work to do in building bridges after his disastrous appearance at the 2010 conference of the Institute of Occupational Safety & Health (IOSH) in April 2010. It’s not quite like putting Lord John Browne in charge of a petrol station but…. Continue reading “Lord Young = old approach to OHS”

Comcare at Senate Estimates – enforcement performance indicators

Comcare is often seen as a minor player in OHS regulation in Australia because, although it has national coverage, it limits its OHS and workers’ compensation activities to specific industrial and public service sectors. Although it is limited, it has a monopoly in those sectors and is powerful. Its role in Australia’s harmonisation program seems to be just another OHS regulator but it has a unique role and structure.

Recently, Comcare’s CEO, Paul O’Connor, and Deputy CEO, Steve Kibble, addressed the Australian Senate’s Education, Employment and Workplace Relations Legislation Committee in the annual Estimates hearings. Hansard reports Kibble’s comments (around page 32) on the enforcement activity of Comcare:

“Comcare has initiated 16 civil court proceedings in relation to alleged breaches of the OHS Act since 2004…..

Recent prosecutions include a matter in relation to a federal agent of the Australian Federal Police for a breach of his individual duties of care. Continue reading “Comcare at Senate Estimates – enforcement performance indicators”

OHS challenges face the Australian taxi industry

The New South Wales Parliamentary has released the findings of its inquiry into the State’s taxi industry. Although OHS was not the focus of the inquiry, “working conditions” were included in the terms of reference and the report has made some safety recommendations. The taxi industry requires an innovative approach to OHS implementation in order to meet future driver and passenger demands.

The Committee has called for

“…an increased emphasis on occupational health and safety, industrial issues and insurance rights to better inform taxi drivers of their entitlements and responsibilities…”

even though the NSW Taxi Council stated that existing training exceeded national training standards. Perhaps the range of stakeholders consulted by the Council needs reviewing. Clearly training has been deficient in reality even if it matches national benchmarks. This calls into question one’s reliance on national training standards. Continue reading

OHS regulator reveals a blog about OHS fraud and crime

Spying on people can be entertaining as can be shown by the popularity of hidden camera video on tabloid news shows but there is always a whiff of unfairness and distaste about the practice.

For the last couple of months, Washington State’s Department of Labour & Industries has been running a blog written by its Fraud Prevention and Compliance Manager, Carl Hammersburg. The blog matches the remit of the regulatory authority and covers a range of industrial enforcement actions. Occasionally it has included its own video surveillance of potential workers’ compensation fraudsters.

On 28 April 2010, the blog,called “Nailed“, included video of Frankie Day who, as a resulted on the L&I investigation, was found guilty of theft and then jailed. Continue reading “OHS regulator reveals a blog about OHS fraud and crime”

Smoke-related heart attacks decline in England but how so for hotel workers?

The British Medical Journal has released a report into the effects of smoke-free workplaces on the rate of heart attacks in the English population. The report finds that a ban on smoking in workplaces has resulted in a 2.4% fall in heart attacks which equates to 12,000 people. This is good news but it could have been better, or more relevant to workplace safety issues.

The study conclusion acknowledges that

“The considerably smaller decline in admissions observed in England compared with many other jurisdictions probably reflects aspects of the study design and the relatively low levels of exposure to secondhand smoke in England before the legislation.” [emphasis added]

Low levels of cigarette smoke may have been the reality across all workplaces but this is unlikely to have been the case in English pubs, from personal experience.

Research, similar to that undertaken above, would be very useful if it was to assess the cardiovascular disorder rate in hotel workers where the smoke-free obligation has existed since July 2007. Hotel workers are a readily defined group who could not avoid exposure to second-hand tobacco smoke and a study of the health impacts of this sector could reinforce the wisdom of smoke-free legislation and could show how quickly a common social and public health hazard can be turned around.

The above study is good news, particularly for the 12,000 who may now have the chance to die from old age, but analysing a smaller, more targeted population sample in high exposure environments might have more international significance and application.

Kevin Jones

Suicide advice shows reactive thinking

Workplace suicides are in the news at the moment due to Foxconn and, to a lesser extent, France Telecome. There is enough media attention for companies to start to evaluate their own risk exposures.

Through LinkedIn, Tom Boudreau of R&R Insurance Services, issued the following advice under the title “Do Employers Have a Duty to Prevent Workplace Suicides?”:

“A tech company in China has recently been plagued with a rash of worker suicides (and attempted suicides). Nine workers (all of them young) died and two others suffered serious injuries. These workers have not only killed or tried to kill themselves, they’ve done so in the workplace itself. …..

Some labor groups have blamed the company for the suicides, claiming it runs military-style factories and abuses workers. Regardless of the cause, these tragic deaths do raise an interesting question: what duty do employers have—if any—to prevent workplace suicides? Continue reading “Suicide advice shows reactive thinking”

The “Triffid defence” applied to asbestos

At the end of The Day of The Triffids, John Wyndham, had mankind living on the Isle of Wight, making sure that Triffids did not infest the island. Tasmania has a similar mindset as can be seen by its diligence on keeping the land free of foxes but that is keeping out a hazard. The greater challenge is renewing the land and removing a hazard that was allowed to grow and establish itself like triffids or, more realistically, asbestos.

SafetyAtWorkBlog has written elsewhere about the Australian Workers Union push to make Tasmania free of asbestos by 2020. The signs are increasingly positive as the Tasmanian government issued a media release on 6 June 2010 that provides substantial impetus and legitimacy to the campaign.

The Minister for Workplace Relations, David O’Byrne, said today that the government will work with industry to develop legislative frameworks that provide a pathway for the prioritised removal of asbestos from Tasmania. Continue reading “The “Triffid defence” applied to asbestos”

Category: law

Lord Young = old approach to OHS

Like this:

Comcare at Senate Estimates – enforcement performance indicators

Like this:

OHS challenges face the Australian taxi industry

Like this:

OHS regulator reveals a blog about OHS fraud and crime

Like this:

Smoke-related heart attacks decline in England but how so for hotel workers?

Like this:

Suicide advice shows reactive thinking

Like this:

The “Triffid defence” applied to asbestos

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: