law – Page 209 – SafetyAtWorkBlog

Fatigue dispute illustrates ideological clash

The Australian newspaper reports today (26 July 2011) of a clash between the Construction Forestry Mining & Energy Union (CFMEU) and BHP Billiton over fatigue management. Fatigue management is one of the workplace hazards scheduled for a draft code of practice under the OHS harmonisation process.

The CFMEU believes that the current mining-related guidance is inadequate.

“The Construction Forestry Mining and Energy Union says the government buckled under industry pressure and abandoned plans for binding industry standards that would minimise the risk of workers doing successive 12-hour shifts and then driving long distances on public roads.”

The flaw in the CFMEU’s campaign is that it has been selective in its choice of fatigue documentation. Looking at the industry sector rather than the hazard or risk limits the hazard control options. In the current case the CFMEU is not acknowledging many of the fatigue guidancesand documents that are available from Workplace Health and Safety Queensland or from some of the other States and even from overseas as this Safe Work Australia document from 2006 shows.

In fact the narrow selection of guidance in this instance makes a strong case for greater collaboration in the development of information across industry sectors and State jurisdictions – one of the aims of harmonisation. Continue reading “Fatigue dispute illustrates ideological clash”

Draft mining OHS documents cause concern

The draft OHS documents for mining in Australia seemed like a fairly rudimentary release in Australia’s move to harmonisation of its safety laws but several issues have appeared in the media since the draft’s release.

The CEO of the New South Wales Minerals Council, Nikki Williams, found something other than the carbon tax to discuss during the council’s annual safety conference.

Although her audience is principally NSW miners, Williams does have a national perspective.

“Each State is drafting their new laws individually and using different models. There are missing components and a large number of inconsistencies.

If this process continues unchecked, the prospect of genuine legislative reform that will deliver a world leading mining regulatory framework appears very remote.

“We are deeply disappointed that this has not been resolved and question why the core WHS regulations couldn’t be developed to effectively regulate all mining states.”

In some ways, Williams’ words show a misunderstanding of the laws. The laws are intended to manage mining, not the companies, not the States, not the workers. The safety of the mining process is the target. It is possible to focus on the safety of a process or industry without considering the politics, at the outset. Continue reading “Draft mining OHS documents cause concern”

WorkSafe Victoria provides insight into bullying investigations

It has been known for some time that OHS regulators struggle with handling reports of workplace bullying. Investigation of these hazards requires new inspectorate skills and take considerable time. Investigations of bullying involve people and this is always more involved than inspecting a missing machine guard or assessing the operation of a forklift. However, in an article in the Fairfax media on 24 July 2011 WorkSafe Victoria provides some surprising statistics that show a new perspective on workplace bullying and a contrast to recent statistics from Comcare.

The most significant statistic is that, of the 6000 reports of workplace bullying within the last 12 months, only 600 warrant further investigation and, of those, around 60 generate a physical inspection of the workplace. These statistics may indicate a range of issues:

OHS regulators require greater number of inspectors.
Workplace bullying is being critically misunderstood by the community.
Workers are confused about where to report their treatment and choose WorkSafe as the agency with the highest profile for workplace issues.
Other workplace-related agencies and authorities, such as Fair Work Australia and the Australian Human Rights Commission, need to raise their profiles on this issue.

What is missing from the WorkSafe statistics above is the next level of intervention. What action is being taken by the inspector? Will prosecutions occur? Are improvement notices applied? There may be just as wide a gap between the 60 inspections and an appearance in court.

For readers’ interest searching for “bullying” on the Fair Work Australia site reveals no results however the Australian Human Rights Commission site results in several references – a clarification of violence, harassment and bullying (with links for further information) and a workplace bullying factsheet. Continue reading “WorkSafe Victoria provides insight into bullying investigations”

Academic clarifies objections to sex work

Caroline Norma of RMIT University responded to some questions about sex work and brothel safety put to her by SafetyAtWorkBlog in response to her recently published opinion piece. This article is a companion piece to an earlier SafetyAtWorkBlog article on sex work and safety.

SAWB: What action do you recommend that brothel owners should take, beyond the current legislative and licensing requirements, to ensure that only safe sex occurs on their premises?

CN: “Brothel owners are currently commissioning violence against women by operating prostitution businesses. Prostitution is inherently a practice of violence against women, and can’t be made ‘safe’ for women by any action by pimps. In fact, brothel owners have a financial conflict of interest with regards to ensuring the safety of women in their venues, because clients will pay more for unprotected sex acts, violent sex, body punishing sex acts like anal penetration, sex with younger women, etc.” Continue reading “Academic clarifies objections to sex work”

Brothel safety gains new media attention

The occupational health and safety of sex workers is one of the most difficult areas to write about as the industry is politically and ideologically charged with matters of feminist ideology, human rights and sex trafficking, religious morality and NIMBY lobbying. In such an environment, it is important that the OHS needs of sex workers not be forgotten.

On 13 July 2011, The Age newspaper reported on the threat of legal action by one sex workers on a Victorian licensed brothel, Butterflys of Blackburn. The article raised many OHS issues for the brothel industry. In short, the article reports that a sex worker is suing the brothel because the brothel, allegedly, established an expectation that the sex workers would allow unprotected sex, sexual acts without a condom or other protection, an offence under Victorian law. This particular sex worker’s experience in Butterflys of Blackburn was that, when refusing unprotected sex to a client, the client assaulted her, attempted to rape her and threatened her with a gun.

The Age reports that the woman “has since been diagnosed with post traumatic stress disorder, whiplash in her neck and a torn muscle in her shoulder.” The worker is already receiving workers’ compensation and is pursuing compensation for permanent impairment. Her plans for suing the brothel relate to the accusation that the brothel failed to provide a safe workplace. Continue reading “Brothel safety gains new media attention”

Targeting the most dangerous industries but not those with the most deaths

On 4 July 2011, WorkSafe Victoria released a media notice entitled “WorkSafe to target state’s most dangerous industries“. (The title of the media release currently available on-line has been changed from “dangerous” to “risky”.) Below are the industries that WorkSafe considers the most dangerous:

Food manufacturing and processing,
wood product manufacturing,
fabricated metal,
transport equipment manufacturing,
plastics and rubber manufacturing,
road transport,
warehousing and storage and
residential aged care services.

WorkSafe advised SafetyAtWorkBlog on 4 July, that these eight industries were chosen as the targets for an OHS enforcement blitz because in 2010 these sectors generated 7,075 workers’ compensation claims. 2,808 of the claims related to manual handling injuries. Continue reading “Targeting the most dangerous industries but not those with the most deaths”

New workplace bullying reference group established

Queensland’s Education and Industrial Relations Minister, Cameron Dick, has always been a strong critic of school bullying but now he has focussed on workplace bullying.

According to Minister Dick’s media release on 10 July 2011 the government is setting up a special reference group to examine workplace bullying. A spokesperson for the minister told SafetyAtWorkBlog that the membership of the reference group is unlikely to be finalised.

The Minister is quoted as saying.

“Queensland currently has existing laws to address workplace bullying and protect workers from harassment and the time is right to review these laws….I am establishing a workplace bullying reference group to look into the incidence of bullying and strategies to prevent bullying in Queensland workplaces.

The reference group will consist of senior worker and employer representatives, as well as legal and academic experts. Continue reading “New workplace bullying reference group established”

Category: law

Fatigue dispute illustrates ideological clash

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Draft mining OHS documents cause concern

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WorkSafe Victoria provides insight into bullying investigations

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Academic clarifies objections to sex work

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Brothel safety gains new media attention

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Targeting the most dangerous industries but not those with the most deaths

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New workplace bullying reference group established

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