Category: law

Will Brodie’s Law deter workplace bullying?

On 1 June 2011 the Australian television program 7PM Project ran an article about “Brodie’s Law” – an increase in the penalties for bullying and stalking.  I was approached to be interviewed for the program due to my comments on this blog.  I turned down the opportunity for a number of reasons, my time had already been committed to my family and filming did not fit that commitment but, more importantly, I am dubious about whether Brodie’s Law will have the deterrent effect that many hope for.

The 7PM Project approached an outspoken lawyer on the issue who refused to participate because he felt that his comments would not have fitted the approach favoured by the producer who contacted us.  I had similar reservations.  When I expressed my opinion about the lack of deterence, one producer acknowledged that this was a position expressed by almost all the people they had approached to participate.

The video of the 7PM Project segment is available online and begins around the 2 minute mark.  Significantly occupational health and safety laws were not mentioned in the article.  There was no mention of any of the OHS guidances on workplace bullying or of any of the regulator’s programs.

A workplace bullying expert of OHS professional would more likely have recited this definition or at least stressed the importance of repetition.

The speaker they chose for expert opinion on workplace bullying was Grant Brecht.  Brecht was asked whether a definition of bullying exists.  He answered that the definition relates to where psychological harm is possible.  This is true but a crucial element of the definition of workplace bullying  was missed in the discussion.  According to WorkSafe Victoria:

“Bullying is repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.” [emphasis added]

Brecht also mentioned the need for individuals to assert themselves in the face of bullying but a detailed look at Brodie Panlock’s case shows that she did assert herself and that she did approach other workers at the cafe for assistance and she did talk to friends about the situation. That none of these actions helped Brodie is a core element of her tragedy.  Bullying, as with many workplace hazards, is best dealt with by not allowing it to take root in any workplace from the very beginning of a business’ operation.  Too many try to retrofit safety into an already toxic and dysfunctional workplace.

The 7PM Project also ran some dubious re-enactments of workplace bullying and, incongruously, some footage of a construction site?! Continue reading “Will Brodie’s Law deter workplace bullying?”

SafeWorkSA responds to Gottliebsen OHS article

On 23 May 2011, prominent Australian business writer, Robert Gottliebsen published an article in BusinessSpectator entitled “Saying no to Canberra’s IR dopes“.  The article was uncharacteristically contained major errors on the application of new harmonised OHS laws.

The article generated considerable discussion on some Australian OHS discussion forums but the article’s website has attracted only one comment.  SafetyAtWorkBlog is in possession of a copy of the full reply sent to BusinessSpectator by SafeWorkSA, the OHS regulator in South Australia, a state that featured in Gottliebsen’s article.  SafeworkSA’s reply is reproduced below as it is yet to appear on the BusinessSpectator website, a week after it was sent.

“From:  Bryan Russell, Director of Strategic Interventions, SafeWork SA & SA Representative on the Strategic Issues Group – OHS with Safe Work Australia.

Robert Gottliebsen’s commentary of 23 May on South Australia’s actions regarding the Model Work Health and Safety Bill contains several serious errors that need to be addressed.

For the record, let me emphasise the following.

The Work Health and Safety Bill 2011 was reintroduced to the South Australian Parliament on 19 May 2011.

The Bill was tabled in the same form before the Legislative Assembly (Lower House), where the current Minister for Industrial Relations, Patrick Conlon, sits.

The SA Government is on the record as stating that the Bill was withdrawn from the Legislative Council (Upper House) on 3 May 2011 due to the recent change of Ministers.

Contrary to Mr. Gottliebsen’s assertions, we have observed no “community outrage” generated by radio talkback hosts. Continue reading “SafeWorkSA responds to Gottliebsen OHS article”

New South Wales gets a win-win on OHS laws

The Australian Government must be either issuing a sigh of relief or clapping their hands together following the passing of the model OHS laws by the New South Wales (NSW) government last week.

NSW was a belligerent signatory to the agreement for nationally harmonised OHS laws but the laws passed with sufficient tweaking to make the laws compatible with the national model laws.  Several days later, on 30 May 2011, everyone is claiming a win.  Unions retain some authority to prosecute over OHS breaches, although only “for the third and least serious category of offence”, according to the Australian Financial Review.

Unions NSW secretary Mark Lennon is reported as saying that the NSW upper house of Parliament has protected an important safeguard for workers.

On 27 May 2011 Lennon was bemoaning “that the Industrial Court has lost most of its occupational health and safety jurisdiction” and yet the Industrial Relations Commission will now retain an active OHS role even though it is dealing with lesser OHS offences, similar to the unions’ role above.

Overall the amendments in the NSW Parliament seem to be a face-saving exercise for the left-wing politicians and trade union movement.  They were provided with little wins but have given way on the major objections.  It is reasonable to describe this as a pragmatic solution given that the March 2011 NSW election effectively removed the union movement’s power base in that State. Continue reading “New South Wales gets a win-win on OHS laws”

New OHS info on Working Alone and Occupational Violence

One of the most difficult safety management challenges is the control of hazards associated with working alone.  The most effective control is to not work alone, but the difficulty comes because this option requires expenditure.

WorkSafe Victoria recently released an information sheet on this hazard and listed the following hazard control options:

  • Buddy system
  • Environmental design
  • Communication or location systems
  • Alarms
  • Movement records
  • Training
  • Knowledge sharing

WorkSafe wisely says that most workplaces will require a combination of these options to control the hazard of working alone.

Trying to reduce the hazards of working alone is a terrific indication of the economic health of a business, the level of safety commitment of a business owner or manager, and the state of safety knowledge in the company. Continue reading “New OHS info on Working Alone and Occupational Violence”

TV report into SafeWorkSA’s performance

On 20 May 2010, the Australian Broadcasting Corporation televised a story on the South Australian 7.30 program about the supposedly poor investigative performance of SafeWorkSA.  The article was framed by a mother’s grief, the grief of Andrea Madeley over the loss of her son, Daniel.

The story was some weeks coming as the story’s production began around the time the ABC were filming at the Workers’ Memorial service in Adelaide a month ago.  The story promised to be a hard-hitting criticism of the State’s OHS regulator but the latest Industrial Relations Minister, Patrick Conlon, handled himself well and what could have provided a provocative national context to the story, the harmonisation of OHS laws, dampened the impact.

Both Yossi Berger and I have written about the findings of Coroner Mark Johns on this blog.  Yossi agrees that OHS regulators are almost all too slow to implement control measures to prevent recurrences of injuries and death,  I thought the Coroner was poorly informed.

The lasting image of the 7.30 storywas the young boy talking at Adelaide’s memorial about his loss of a relative – the way he kept talking while he sobbed and cried.

All OHS regulators must improve their game in empowering employers and workers to prevent injury and death.  Coronial criticisms are unlikely to affect changes in safety management by themselves.  Crying boys are also unlikely to affect lasting change, but it is almost a certainty that the harmonisation of OHS laws will change very little.

Kevin Jones

Source data from within the quad bike safety stoush

SafetyAtWorkBlog was able to contact the Federal Chamber of Automotive Industries’ Rhys Griffiths this afternoon seeking clarification of the FCAI’s withdrawal from quad bike safety discussions reported yesterday.  Prior to withdrawing, a document was read to the quad bike safety working group.  The document has not been released publicly but below is the gist.

Further down the page is an edited version of the letter that the Australian Centre for Agricultural Health and Safety (AgHealth) has reportedly sent to “290 rural motorcycle dealers”.  According to Rhys Griffiths being quoted in The Weekly Times, this letter

“”…basically says dealers could be looking at law suits for not fitting devices on ATVs…  This is in direct contradiction to the manufacturers’ recommendations, so the dealer is caught in the middle.” Continue reading “Source data from within the quad bike safety stoush”

Quad bike manufacturers walk out of safety working group

In early 2010, Australia’s Heads of Workplace Safety Authorities (HWSA) established a trans-Tasman working party to look at the safety issues of quad bikes, often called all-terrain vehicles.  The working group is in the final stages of its report and a major motorcycle industry representative has not liked the findings and has apparently withdrawn from the working group.  A report on the increasing tensions was published in  this week’s The Weekly Times.  SafetyAtWorkBlog has been told that the quad bike industry representative has walked out in protest.

Let’s look at what HWSA said about the working group in May 2010:

“HWSA Chair, John Watson, said every farming fatality leads to immeasurable suffering in close-knit rural communities and these figures are not acceptable.
“The working group is expected to deliver solutions to safety problems associated with use of quad bikes on farm properties and raise awareness of practical risk controls,…
“The group will look at issues that include design, safety equipment, training and instruction, aftermarket accessories, safe use and point of sale,….
“The joint program of work will be delivered through an Industry Solutions Program where industry and regulators work together to address high risk safety issues – an initiative that has successfully provided practical solutions to a number of issues across many industries.
“The working group is focused on producing tangible and sustainable safety outcomes across the farming and agricultural industry where quad bikes are commonly used….”
Of significance in that media release is that Chief Executive of the Federal Chamber of Automotive Industries (FCAI) Andrew McKellar said

“It is our objective that all quad bike users are well informed of the manufacturer’s recommendations in relation to the safe use of these vehicles…”

The sticking point in the working group was, according to The Weekly Times, that

“”…the committee was expected to back the recommendation to “consider fitting an anti-crush device”, the strongest position yet for roll-over protection.”

The committee did recommend this and apparently the FCAI walked.  Attempts have been made to contact the FCAI to confirm their action and their objections. Continue reading “Quad bike manufacturers walk out of safety working group”
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