law – Page 201 – SafetyAtWorkBlog

Australia inactive on environmental tobacco smoke

Safe Work Australia has released a couple of packages of draft codes of practice in line with the Australian Government’s OHS harmonisation strategy but where is the code that addresses the established risk of environmental tobacco smoke (ETS) or second-hand smoke? This is a question that was asked during the recent Safe Work Australia week by Smoke Free Australia, an alliance of employee and health groups.

Smoke Free’s media release stated that

“….thousands of Australians are working in areas contaminated by highly toxic, carcinogenic tobacco smoke – and Safe Work Australia has done nothing to prevent it”

Stafford Sanders, the coordinator for Smoke Free Australia, was struggling to understand why ETS had not been given prominence in the new draft codes of practice given that second-hand smoke is a known killer. Continue reading “Australia inactive on environmental tobacco smoke”

Social obligation is lost on some

In response to the Weekly Times’ articles on quad bike safety and the mandatory use of helmets, one letter writer in this week’s edition of the newspaper wrote:

“More state lunacy… Accidents happen, legislation cannot stop this. Free people have the right to decide such things for themselves.”

The letter writer has a strong belief that accidents happen and that nothing can be done to stop the harm, particularly through the application of legislation. This view is in the minority but is still spoken in some social circles, although the volume of such statements may have reduced over time.

The statement shows a misunderstanding of the cause of accidents and there is always a cause, or several. It is no longer socially acceptable to concede a workplace death as an Act of God or “shit happens”, although only recently in an expensive rail safety seminar, “shit happens” was said repeatedly. The letter writer’s statement is one of hopelessness, the antithesis of the values of the safety profession and OHS regulators.

Philosophers can argue the point more effectively but if one is to concede that “accidents happen”, that “shit happens”, then one should also not expect to be covered by workers’ compensation or compensated if injured in a public footpath or seek financial restitution if assaulted at a crowded nightclub or in a dark alley. What outrage would be felt if one was to lodge a workers’ compensation claim and the insurer’s response was “accidents happen, good luck with your disability”.

The “nanny state” epithet is short hand for lazy thinking, social ignorance and selfishness.

Safety often involves investigation, perhaps even “CSI:Safety” – Grissom in a fluoro vest. We must seek the root cause, in loss prevention terms, or contributory factors in the modern OHS and risk management context. From analysis comes insight and from insight comes prevention.

It is hard to imagine that anyone who may have lost a loved one in an industrial, or agricultural, incident could have written this letter to the Weekly Times. It is slightly easier to imagine that there are people in society who just do not care about the welfare of others and they write occasionally to the Weekly Times about the “nanny state”.

Kevin Jones

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT). The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers. The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

An example of how safety can be misperceived as expensive

Today I received an email that had the intriguing heading of:

“Do you fully understand what the harmonisation laws mean to your organisation?”

As I don’t “fully understand” harmonisation and spammers don’t usually use OHS as a spam tool, I opened the email. It was a promotion for an upcoming conference called Supply Chain and Logistics Safety 2012. The harmonisation of Australia’s OHS was not in the title but was mentioned in the email body.

“Although some states appear to be delaying their timeline for harmonisation implementation, businesses in reality can’t afford to wait. You will not only need to meet the regulation, but devise strategies to prevent your bottom line being impacted.”

No one wants an impacted bottom line (there’s a cream for that) and my unease increased by the writer implying that the two major issues of OHS harmonisation was to comply – “to meet the regulation” – and to protect profits. Continue reading “An example of how safety can be misperceived as expensive”

Media releases are all positive for Safe Work Australia Week

Further to yesterday’s blog post that mentioned Australia’s Minister for Workplace Relations, Chris Evans, it is worth noting his new media release (not yet available online) in support of the 2011 Safe Work Australia Week.

On 23 October 2011, Minister Evans said all the “right” things:

“National Safe Work Australia Week, an annual initiative of Safe Work Australia, is an opportunity for all Australians to think about how to improve work health and safety in their workplace and in their community,” Senator Evans said. “Each and every worker deserves to go to work each day and return home safely each night.”

Senator Evans said workers deserve the same decent safety standards across Australia.

“This is why the Gillard Government is committed to harmonising Occupational Health and Safety laws by January 2012,” Senator Evans said. “The new laws will cut red tape and ensure that all workers have equal protections regardless of where they live and work. They will apply not only to employees, but also to contractors and their employees, subcontractors, labour hire workers, apprentices and volunteers. These reforms are vitally important for the safety of employees in an increasingly mobile labour force.”

Significantly, the continued refusals by Western Australia and Victoria to implement the OHS reforms prior to 1 January 2011 are not mentioned but it is understandable for the Minister to try to set the positive tone of Safe Work Australia Week.

On 21 October 2011, the Chair of Safe Work Australia, Tom Phillips, fails to mention OHS harmonisation in his media release which is his prerogative but it would have been better to address the elephant in the room – OHS harmonisation.

The harmonisation deadline is only a couple of months away and it would have been good to see some urgency on the issue from this prominent speakers.

Kevin Jones

Victoria risks $50 million over OHS reforms

A SafetyAtWorkBlog article from last week said that Victoria’s Work Safe Week started flat and that speakers at some events were unsure of the future of OHS laws due to Minister Gordon Rich-Phillips‘ unprecedented call to the Federal Government for a 12-month delay.

A spokesperson for the Federal Minister for Industrial Relations, Chris Evans, has told SafetyAtWorkBlog that Victoria is risking $A50 million of federal government funding if it does not implement OHS reforms:

“….the Victorian Government has already factored in around $50 million in reward payments for the 2011-12 budget forward estimates. These reward payments are dependent on Victoria implementing agreed reforms in accordance with key milestones. This includes OHS reform.”

This economic reality is perhaps behind Rich-Phillips’ continuing emphasis that the Victorian Government continues to support the “principle” of harmonisation.

At the 2011 Work Safe Awards on 19 October 2011, Minister Rich-Phillips seemed to identify a strategy that is contrary to the application of that principle. Continue reading “Victoria risks $50 million over OHS reforms”

Victoria is relinquishing its position of OHS leader in Australia

WorkSafe Victoria “launched” its Work Safe Week on 17 October 2011 with a lacklustre seminar about the future of OHS in Victoria but the quiet tone reflected the peculiar approach to OHS law reform taken by the government. Disappointingly the Victorian Minister responsible for WorkSafe, Gordon Rich-Phillips, failed to use Work Safe Week as an opportunity to introduce himself to the State’s safety professionals. His profile is almost non-existent other than his recent media release calling for a 12-month delay to OHS harmonisation, a decision that is likely to do more harm to OHS in Victoria than good. Perhaps he is waiting to appear at the upcoming WorkSafe Awards dinner.

WorkSafe’s first speaker, Lisa Sturzenegger, provided the, now expected, summary of WorkSafe Victoria marketing statistics and stakeholder perception surveys that we became so familiar with from John Merritt’s tenure as Executive Director, but without the spark. The message was that Victoria is leading the country in low workers’ compensation premiums and injury rates. Sturzenegger did continue to tell us what WorkSafe intends to do for the next 12 months but without new legislation, the message was “business as usual”, and the other States will be applying a harmonised OHS enforcement policy, anyway. Continue reading “Victoria is relinquishing its position of OHS leader in Australia”

Category: law

Australia inactive on environmental tobacco smoke

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Social obligation is lost on some

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Bullying has many causes and too many avenues of appeal

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An example of how safety can be misperceived as expensive

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Media releases are all positive for Safe Work Australia Week

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Victoria risks $50 million over OHS reforms

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Victoria is relinquishing its position of OHS leader in Australia

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