Psychosocial hazards are now, formally, occupational diseases

On 25 March 2010, the International Labour Organization released an updated list of occupational diseases.  On the ILO website, it is stated that

“Mental and behavioural disorders have for the first time, been specifically included in the ILO list.”

All occupational diseases, including psychosocial hazards, had to satisfy the following criteria in order to be considered:

  • “…that there is a causal relationship with a specific agent, exposure or work process;
  • that they occur in connection with the work environment and/or in specific occupations;
  • that they occur among the groups of workers concerned with a frequency which exceeds the average incidence within the rest of the population; and
  • that there is scientific evidence of a clearly defined pattern of disease following exposure and plausibility of cause.”

The exact text from the revised List of Occupational Diseases Recommendation R194 is

“2.4. Mental and behavioural disorders

2.4.1. Post-traumatic stress disorder

2.4.2. Other mental or behavioural disorders not mentioned in the preceding item where a direct link is established scientifically, or determined by methods appropriate to national conditions and practice, between the exposure to risk factors arising from work activities and the mental and behavioural disorder(s) contracted by the worker”

What this means in practice is unclear and is likely to vary from country to country in relation to recognition of UN and ILO recommendations.  What it does establish is that an international authoritative OHS body has acknowledged the existence of psychosocial hazards.

“The Eagle has landed”  however there will remain some organisations who will always believe that occupational causes of psychosocial problems belong on the same sound-stage as the Apollo moon landings.

Kevin Jones

The first workers’ compensation harmonisation meeting a sham: unions

“The conference inside is a bit of a sham” claimed Brian Boyd, Victorian Trades Hall Secretary at the first meeting into the harmonisation of Australia’s workers compensation laws.

“It’s really another hidden agenda about trying to harmonise workers comp after we fully know already, they’ve messed up harmonisation of OHS.”

Continue reading “The first workers’ compensation harmonisation meeting a sham: unions”

Can OHS achieve “practical wisdom”?

Continuing SafetyAtWorkBlog’s belief that the best advice on workplace safety often comes from people outside the OHS discipline, Professor Barry Schwartz of Swarthmore College was interviewed in the Australian Financial Review on 30 March 2010 (only available by subscription).  Schwartz was talking about the social and regulatory impact of the global financial crisis but his take on the obeying of, and dominance of, rules seems equally applicable in OHS.

“Schwartz says the common response to crises…..is to reach for more regulation.  But the problem is that these people who run these banks are smarter than any set of rules we can come up with.  So what will happen is that [the rule] will work for a while, and then people will find a way to subvert them.”

He goes on:

“I think a lot of the trouble that we have is that you’ve got these people who run institutions, the CEOs, make speeches about how ethical they are and they may even mean it, but the people who are actually making the day-to-day decisions know that unless they make their targets, they are going to lose their jobs. Continue reading “Can OHS achieve “practical wisdom”?”

OHS lawyers see opportunities in harmonisation of laws

The current edition of Lawyers Weekly includes some thoughts from Australian lawyers on the impact of the harmonisation of Australia’s OHS laws. 

Michael Tooma of Norton Rose believes that the new positive duty of officers has sparked interest in improving corporate governance.

Graeme Smith of Freehills has seen an improved recognition of lawyers’ roles in developing commercial contracts.  He also sees OHS as being better accepted as an element of risk management.  According to the article entitled “OHS shrugs off the GFC”, Smith believes

“…national harmonisation will raise the profile of OHS, and in the long-term, OHS will find itself established as a discrete but integral aspect of corporate governance, compliance and risk management…”

He sees this as a golden opportunity for lawyers.   OHS law seems now to be dependent on lawyers where, before, it used to be a law that workers, managers and the layperson could read, understand and implement.  Safety professionals need to use legal experts when required but should have the confidence to manage safety through the harmonised framework first.  Crucial to whether the lawyers dominate will be the quality of guidance provided by OHS regulators and the authority of the voices of the OHS profession.

Kevin Jones

New OHS advice on quad bikes

On 22 March 2010, Workplace Health & Safety Queensland released new guidance on the use 0f quad bikes.

There is no radical solution to quad bike deaths but there are some variations to existing advice which should be noted.

The most obvious is that “quad bike” is used through instead of ATV (all-terrain vehicle).  This may annoy manufacturers but is very sensible given that the risks listed with using quad bikes specifically says that

“Quad bikes are designed for particular purposes and within particular operating conditions. Using them outside these parameters can significantly increase the risk of severe injury or death.” Continue reading “New OHS advice on quad bikes”

Workplace bullying needs harmony and good managers

The Australian Financial Review on 24 March 2010 includes an article (only available through subscription or hard copy purchase) that states that the “tangle of state laws hampers compliance” by business on the issue of workplace bullying.  Harvard Business Review reports on how to cut through the distractions and attend to a root cause of workplace bullying. Continue reading “Workplace bullying needs harmony and good managers”

Australian MP mentions workplace bullying but is short on practical controls

On 18 March 2010, the last sitting day of that session of Australia’s Parliament, Labor Member of Parliament , Bill Shorten, spoke about workplace bullying and the OHS prosecutions that stemmed from the bullying and suicide of Brodie Panlock.  Some of his short speech rehashed details of the workplace bullying prosecutions but, according to the draft of Hansard (page 93), Shorten made some useful remarks:

“I rise to speak on the issue of workplace bullying.  We would not think it was acceptable for people to come to work and be exposed to asbestos or toxic chemicals.  We should not think, therefore, that it is appropriate for them to be exposed to the toxic behaviour that is sustained and malicious bullying.  I believe that this kind of bullying is something which can be eradicated.  We have changed attitudes on smoking in the workplace and on sexual harassment; there is no reason why we cannot eliminate forever bullying in the workplace.

Bullying is an absence of kindness and Continue reading “Australian MP mentions workplace bullying but is short on practical controls”

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