Category: law

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”

Economic austerity should not be allowed to override safety priorities

iStock_000009374843XSmallIn 2012 many countries have been required to pursue economic austerity measures.  A national or international economy rarely has any direct effect on safety management but the current economic status has led to an increase in harsh, or strong, political decisions and some of these decisions will affect safety management and professionals.  One obvious manifestation of political safety decisions is the UK Government’s decision to allow small businesses to step outside its occupational health and safety (OHS) laws in its pursuit of reducing supposed “red tape“.  This strategy is attractive to other government’s, including Australia’s, but the strategy could marginalise the safety profession even further if the profession remains insular and silent.

The Institute of Occupational Safety and Health (IOSH) has been campaigning for some time on the governments decisions to change its OHS laws in its quest for greater efficiencies and reduced business costs.  In the last few months, IOSH has turned its attention to the proposed changes to the  Continue reading “Economic austerity should not be allowed to override safety priorities”

It can take a long time to learn how to manage workplace safety

On 21 December 2012 in the South Australian Industrial Court, Amcor Packaging (Australia) was fined $A96,000 over a breach of the occupational health and safety (OHS) laws.  That type of sentence appears frequently in SafetyAtWorkBlog but the difference this time is that it is the third similar OHS prosecution and fine applied to Amcor in South Australia.  Amcor Packaging has had similar OHS problems in Queensland and Victoria.

According to a SafeWorkSA media release (not yet available online), the latest prosecution involved an incident in November 2010 where:

“Two workers were walking on conveyor rollers to guide an unstable stack of cardboard when one inadvertently stepped into a gap between the rollers. The female worker was then struck by the arm of an automated pallet sweeper, sustaining multiple fractures to her lower leg and ankle.”

Cover from 2012_sairc_59In his judgment on the case, Industrial Magistrate Stephen Lieschke said there was no risk assessment at the plant and a lack of engineering controls.  The two previous Amcor offences in South Australia also related to inadequate engineering controls.

Recurrence

Magistrate Lieschke also said that

“The two prior offences are highly relevant to this sentencing process, as the court is left with a low level of confidence that Amcor will not commit any future offences…..,”

In June 2008 law firm Holding Redlich mentioned an increase in an OHS penalty against Amcor by the Court of Appeals: Continue reading “It can take a long time to learn how to manage workplace safety”

Political ideologies on show over workplace bullying

In Australia, Parliamentary inquiries are usually required to provide the Parliament with a copy of their findings. In the last week of November 2012, the Chair of the Australia’s Parliamentary Inquiry into Workplace Bullying, Amanda Rishworth, presented its report which included a dissenting report from the Conservative (Liberal Party) committee members. On 28 November both Alan Tudge MP, one of the dissenting committee members, and Deborah O’Neill (Labor Party), spoke to the House of Representatives about the report. Their speeches say much on the issue of workplace bullying and the politics of workplace health and safety (WHS) in Australia.

Statistics and Costs

Tudge acknowledges the importance of preventing workplace bullying but provides an important fact to remember when reading the full report. According to Hansard, Tudge says

“The prevalence of workplace bullying is not known – there is no statistical data to assess exactly how prevalent it is. Regardless of the precise number, we know that it is too prevalent.” (emphasis added)

This may sound a little contradictory but it summarises a problem when investigating workplace bullying, there are no useful statistics on it. Continue reading “Political ideologies on show over workplace bullying”

Australia’s workplace bullying report is a missed mental health opportunity

Cover of Workplace Bullying Final ReportThe report, issued last week, from Australia’s Parliamentary Inquiry into Workplace Bullying, is a terrific discussion on workplace bullying but is a major missed opportunity to achieve necessary change, and change in this area equates to the reduction of, principally, psychological harm to workers and their families.

The report starts off shakily by giving prominence to a statement that is clearly wrong. Page 1 of the report quotes Carlo Caponecchia and Anne Wyatt, saying:

“Bullying is the key workplace health and safety issue of our time.”

Caponecchia and Wyatt may believe that, but to open a Parliamentary report with this quote shows poor judgement from the Committee by giving workplace bullying prominence over other workplace health and safety (WHS) hazards and issues. Workplace bullying may indeed be the most difficult workplace health and safety challenge but that is very different from what the quote says. Continue reading “Australia’s workplace bullying report is a missed mental health opportunity”

First look at Australia’s workplace bullying report

Australia’s Parliamentary Inquiry into Workplace Bullying has released its report that includes 23 recommendations and a dissenting report from the Coalition (conservative) committee members.

The first recommendation that most will look forward is the latest workplace bullying definition. The committee suggests:

“repeated, unreasonable behaviour directed towards a worker or group of workers, that creates a risk to health and safety”.

This is no great shake from most of the previous definitions but illustrates further the isolation of Victoria from nationally harmonised work health and safety laws as WorkSafe Victoria’s preferred definition is

“… persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety.”

Regardless of which definition is “better”, Victoria will be further out-of-sync.

The Committee also recommends the Government

“develop a national advisory service that provides practical and operational advice on what does and does not constitute workplace bullying..”

This is sorely needed and will relieve State OHS regulators of the pressure and the resources. No timeline is mentioned but it is likely that the Federal Government will move to establish such a service quickly, as the recommendation is not surprising.

However, the opposition political mantra for any government initiative is how it will be funded. Continue reading “First look at Australia’s workplace bullying report”

Flogging a dead horse when it is still alive, though looking poorly

In The Australian newspaper on 24 November 2012, columnist Judith Sloan discussed how the harmonisation of Australia’s occupational health and safety laws are

“a present glaring example of a despot stripped bare…”

Earlier this year, in April, Sloan said harmonisation was dead so one could say she is flogging a dead horse. Some parts of her November article (only available online via subscription) do not seem to be supported by evidence and her terminology occasionally indicates a lack of understanding of occupational health and safety matters.

Sloan rehashes some of the April 2012 article including the image of crying public servants but gives prominence to the inconvenience to some companies under the Comcare scheme. Several years ago some national companies opted out of State-based OHS and workers’ compensation schemes in order to join the only national safety scheme that was available at the time. Part of the reason for this move was that it provided national coverage for national businesses. Some complained because Comcare was seen as having a much smaller enforcement team and that the OHS laws were, somehow, less than in many of the States. This option was provided under a Conservative Government to assist business. The same government instigated the OHS harmonisation process.

Continue reading “Flogging a dead horse when it is still alive, though looking poorly”

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