Category: law

Brodie’s Law not being applied. Perhaps a broader context is needed.

Workplace bullying is a hazard that must be recognized, addressed and punished, but above all prevented. “Brodie’s Law” was always going to be a part of this challenge but never the solution.

Today’s Age newspaper bemoans the fact that “Brodie’s Law” has not been applied since its introduction 12 months ago.  This is not surprising and the article provides some clues to why.

The application of this law seems now to be mainly intended for the Victorian Police force and, as with any police force, there are a great many items on their agenda of which workplace bullying is only one.

Policing and harm prevention

It can also be asked why the Victorian Police force is policing a workplace issue?  Workplace safety is principally the responsibility of the employer or, in the new language, person conducting a business or undertaking.  The bullies and employer involved in the bullying of Brodie Panlock were prosecuted under occupational health and safety law, not the Crimes Act. Continue reading “Brodie’s Law not being applied. Perhaps a broader context is needed.”

OHS reform is a relatively small regulatory concern for Australian small businesses

Many business groups in Australia have been bemoaning the potential increase in OHS compliance paperwork, often on the basis if the impact on small business, applying the logic that the small business sector has the least capacity to cope. Yet a survey of small business attitudes to “red tape” released this week questions the level of concern over OHS.

The June 2012 Sensis Business Index clearly shows that almost one-quarter of Australian small businesses want taxation regulation to be reformed most of all. Only 2% believed that OHS was the regulation needing most reform.

CEO of the Council of Small Business Organisations of Australia, Peter Strong, stated that

“The findings…. provide a framework for many important areas of regulatory reform that will benefit small business…”

As a tool for lobbying government on taxation reform, the survey results are supportive but in relation to OHS reform, OHS is equal to pay rates and planning regulations at 2%. Continue reading “OHS reform is a relatively small regulatory concern for Australian small businesses”

Serious quad bike incident in New South Wales

SafetyAtWorkBlog has been informed that an Irish backpacker was working on a farm near Gravesend in New South Wales in late May 2012 and received serious back injuries when the quad bike, from which he was spot spraying weeds, rolled on an embankment. The man was taken to hospital after contacting the farmer for assistance.

A spokesperson from WorkCover NSW has confirmed that

“….a 26 year old male worker was injured on a property at Gravesend near Moree …. on Thursday, 31 May.  Initial enquiries indicate that the worker was spot spraying weeds on the property and has suffered back injuries from a quad bike incident when he attempted to ride out of a gully.”

At this time, Workcover was unable to say whether

  • the worker had received any motorcycle or quad bike training.
  • the quad bike had any attachments or modifications.
  • the worker was wearing a helmet or other PPE at the time.

It is understood that the worker had been on the farm for only a few days.

We have been unable to find any media or online references to this incident.

On 24 May 2012, a week before the incident above, the Australian Broadcasting Corporation’s AM program ran an interview about the quad bike related fatality of an 11-year-old boy in 2011.

A longer audio interview on quad bike safety was conducted by ABC Rural in September 2011.  The participants were Tony Williams of WorkCover NSW and John Lambert of the Forensic Engineering Society of Australia but the most significant quality of the interview was the solid understanding of agricultural safety shown by the interviewer.

Kevin Jones

Impediments for OHS enforcement

In  letter published in the October 2011 edition of the American Historical Review (page 1257, and not available without a subscription [I got there through EBSCOHost]), Donald Rogers responded to a review of his book Making Capitalism Safe.  He said that

“Quoting reformers, the book argues that OSHA had truly “radical” potential to raise work safety standards and address previously neglected health hazards, but adds that OSHA’s promise “crumbled in the conservative political reorientation of the 1970s,” largely due to narrow court decisions, weak state cooperation, and drastic funding cuts during the Reagan years (pp. 175, 181)”.

Two out of those disappointments – “conservative political reorientation” and “weak state cooperation” – should sound familiar to those Australian safety professionals involved with OHS harmonisation.

Kevin Jones

South Australia’s politicians prepare to grill the OHS regulator, SafeWorkSA

On 19 May 2012, South Australia’s Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation (OSRC) announced in the Adelaide Advertiser and inquiry into the operations of SafeWorkSA.  SafetyAtWorkBlog has been told that the inquiry was self-initiated by the committee as a result of no one particular reason.  The Minister for Industrial Relations was apparently unaware of the inquiry and nor was SafeWorkSA.

As the passing of Work Health and Safety laws stall in the Parliament, the politics of safety in South Australia is about to get even messier.

The notification from the OSRC committee lists the inquiry’s terms of reference: Continue reading “South Australia’s politicians prepare to grill the OHS regulator, SafeWorkSA”

Workplace bullying hits the national agenda in Australia

On Saturday morning, May 26 2012, the Australian Prime Minister, Julia Gillard, and her Workplace Relations Minister, Bill Shorten, announced an inquiry into workplace bullying to be undertaken by the House Standing Committee on Education and Employment and to report to Parliament in November 2012.

This announcement seems to be another that is buried or overtaken by current political events.   The Australian Broadcasting Corporation mentioned workplace bullying as a “silent epidemic”.  There is a strong risk that the politicians are overstating the workplace bullying case.  WorkSafe Victoria receives thousands of enquiries about workplace bullying but only a portion of them fit the workplace bullying definition and only a handful proceed to a prosecution.  The government needs to be careful that it is not operating to a perception of workplace bullying instead of the reality, even though the community outrage is genuinely felt.

The Age newspaper and AAP, basically printed an edited media release but the most significant statements have not been printed.  These are the comments by the Prime Minister, Minister Shorten and the parents of Brodie Panlock, Damian and Rae.  Below is a selection or statements from the doorstop transcript:

PM : “I’ve have had the opportunity to have a conversation with Damian and with Rae about their family experience and they will talk about that family experience themselves, but it led to the loss of their daughter Brodie. And they fought hard here in Victoria for Brodie’s law, to have a law that deals with serious bullying at work. Continue reading “Workplace bullying hits the national agenda in Australia”

NSW inquiry into workers’ compensation illustrates short-termism

UnionsNSW are campaigning strongly on OHS issues during an inquiry by Joint Select Committee on the NSW Workers’ Compensation Scheme into workers compensation.  They make the point that a focus on the reduction of injury is the most effective way of rendering a workers compensation scheme “profitable”.  By neglecting worker safety, injuries increase and there is a higher demand on compensation and rehabilitation resources.

A major concern in the campaign is that the government is focussing on reducing costs and, in workers’ compensation schemes, that often results in fewer resources for injured workers and their families.

Tim Ayres, Secretary of the Australian Manufacturing Workers Union, was quoted in the Sydney Morning Herald:

“If NSW employers want to save money on workers’ comp premiums, they should focus on reducing their premiums by providing safer workplaces where workers don’t get injured and killed.”

But a draft submission, seen by SafetyAtWorkBlog, by the International Governance and Performance Research Centre (IGPRC) of Macquarie University provides some balance into the rhetoric. Continue reading “NSW inquiry into workers’ compensation illustrates short-termism”

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