Category: law

Accuracy on OHS laws, services and products is essential

The following article illustrates how important it is for companies to maintain accuracy when writing a media release about safety laws.  The internet allows for inaccuracies to become widely distributed and for these to gain some legitimacy through the re-publication on various OHS, magazine and news websites.

Asbestos Audits International issued a media release in early April 2012 stating the following:

“On January 1st, 2012, new Australian Model Health and Safety legislation came into effect dictating workplace buildings constructed before 2004 must have an asbestos audit. The legislation outlines building owners, building managers and property managers are responsible for these audits. Continue reading “Accuracy on OHS laws, services and products is essential”

Is OHS harmonisation a dead parrot or is it just pining?

In The Australian newspaper on 3 April 2012, Judith Sloan presents a useful summary of the status of the OHS harmonisation process.  Many of her criticisms are valid but she has not realised that the new Work Health and Safety laws stopped being occupational health and safety laws some time ago.  It is easier to understand the proposed changes if one accepts that these laws have broadened beyond the workplace to operate more as public health and safety laws.

It is possible to accept Sloan’s assertion of the “demise”of OHS harmonisation but if seen in the light of an integrated public/workplace health and safety law, the harmonisation process may be a welcome beginning to a broader application of safety in public and occupational lives.

The acceptance of this interpretation provides very different comparisons and linkages.  For instance, the shopper tripping on a mat in the vegetable section of a supermarket was likely, in the past, to receive recompense through public liability insurance. Now it could equally be under OHS laws.  The regulation of potential legionella sources was through the Health Department, even though many of these are in workplaces and often affect workers first.  Should cooling towers have been assessed by hygienists or occupational hygienists?  Should these be managed under an employer’s OHS management system or through the facilities manager or landlord?
Continue reading “Is OHS harmonisation a dead parrot or is it just pining?”

Safety profession needs to counter the influence of the red tape ideologues

Australia’s safety profession has a considerable challenge over the next few years, one for which it seems to be poorly prepared.  The challenge comes not from new occupational health and safety (OHS) laws or new hazards but from entrenched ideologies.  As the country moves to an increasing political conservatism, safety needs to prove it is as important as other issues, such as productivity and job creation,  by vying for political and corporate attention.

The challenge  is that the Australian conservative political parties are ideologically opposed to almost ANY laws that could possibly impede economic growth and they believe that occupational health and safety laws impede growth by disrupting work and adding unnecessary operational costs.  This is not the reality but the ideology is so ingrained into conservative politics that the safety profession will gain very little traction in the next few years without a strategy to contest this ideological fantasy.

The conservative Liberal Government in Victoria forestalled introduction of the model Work Health and Safety laws to undertake an assessment of the economic impacts of the laws on the State’s businesses, despite an assessment having already occurred through the regulatory impact process.  The review had a tenuous justification but served the political purpose of distancing the conservative politicians in Victoria from the Labor Party that is in power federally.  The review also plays to its traditional business sector supporters indicating that the Liberal Party takes potential regulatory impositions seriously.  It is believed the report of the review undertaken by PriceWaterhouseCoopers is now with the Victorian Government for its consideration.
Continue reading “Safety profession needs to counter the influence of the red tape ideologues”

Innovative thinking needed if Australia is to save lives and improve the economy

The Australian Council of Trade Unions (ACTU) advocates for workers’ rights and entitlements with occupational safety being one of those entitlements but sometimes the safety message from ACTU is a little narrow.

On 14 March 2012, the ACTU issued a media release responding to the release of important workplace safety data by Safe Work Australia.  The release quotes ACTU President Ged Kearney emphasising very important data:

“This report has found that the cost of each workplace incident is around $99,100 and of this workers pay $73,300, the community $20,800 and employers $5100…”

and

“We think we are a clever country but it isn’t so smart to forgo almost 5% of our nation’s GDP on the cost of preventable workplace injury and illness…”

But what does the ACTU propose to address this economic cost of poor safety management? Continue reading “Innovative thinking needed if Australia is to save lives and improve the economy”

Differentiate the WorkCover and WorkSafe brands

Recently SafetyAtWorkBlog wrote:

“In many industries, and in the safety profession itself, people confuse the OHS laws of injury prevention with the Compensation laws of rehabilitation.”

This misunderstanding also extends to the public.  Every so often, this blog receives comments from irate readers who express their frustration with “WorkSafe” or “Workcover”.  It is a frustration that is shared by many but the frustration is frequently aimed at the wrong target.  Most of the frustration stems from real or perceived injustice in the workers compensation system, but the criticism refers repeatedly to the OHS prevention and enforcement authority. Continue reading “Differentiate the WorkCover and WorkSafe brands”

A new approach to OHS advertisements is required in Australia

Workcover NSW should be supported in its new advertising campaign “Here to Help”.  Two ads are currently available on-line and are embedded below.  What is surprising is that OHS regulators still feel the need to create new awareness-raising campaigns rather than providing examples of the consequences of non-compliance.

It may be unfair to criticise an OHS regulator for an advertising campaign that raises the awareness of the need for safety, particularly if that ad is only the most visible element of a new enforcement strategy but it would be refreshing to see a different type of ad, one that speaks directly to business owners, with perhaps a similar one to workers.

What I see is an advertisement  similar to the famous Yul Brynner anti-smoking ad but with a script similar to this:

[Close up of head and shoulders of a businessman facing the camera.  Camera slowly pulls back as businessman speaks.] Continue reading “A new approach to OHS advertisements is required in Australia”

One industry sector continues to struggle with new OHS obligations

Some companies and industry sectors are struggling to cope with a major change to Australia’s occupational health and safety laws – the removal of the employer/employee relationship.  One example of an industry struggling with the change is the sex industry, more specifically, the licensed brothels.

In many industries, and in the safety profession itself, people confuse the OHS laws of injury prevention with the Compensation laws of rehabilitation.  In Australia these are two separate sets of laws, administered, often, by different government agencies and through different mechanisms, even though to effectively manage workers business needs to operate as if the demarcation does not exist. Many industries and professionals also make the common mistake of believing that a judgement in one area of law applies to other areas.

For many years the brothel industry* in Victoria, in particular, has believed that a ruling by the Australian Taxation Office (ATO) – that sex workers (or sexual service providers, the preferred term by the brothel industry) are not employees of the brothels – also relates to the OHS laws.  The argument goes that, as the ATO has said that no employment relationship exists for taxation purposes, there are no, or limited, OHS obligations on the brothel owners for the sexworkers.  This is bollocks, has always been bollocks and I have personally advised representatives of the brothel industry over many years that it is bollocks but the misunderstanding persists.  Sadly, this persistence could impede the progress of the brothel industry to comply with the new Work Health and Safety laws.

Continue reading “One industry sector continues to struggle with new OHS obligations”

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